Hello Friends,
I am appearing as ‘Party in Person’ in the Apex Court, challenging the High Court order that transferred a criminal case at an advanced stage of trial, from one district to another.
In the first hearing, I got Admission of SLP, Stay on Proceedings and Got Notice to be Issued.
In the second hearing, the respondent did not show up (in person or through advocate) despite notice being issued and being intimated on the date or hearing. Hon’ble Judges declined to pass final orders citing “Incomplete Notice” and asked registry to list case after notice is complete
Now, nearly 2 months later, I received the counter affidavit from respondent’s advocate. Appreciate if you can clarify the following…
In the next hearing,
(a) Can I argue to disregard the counter as it has been delayed and no vakalatnama or counter or delay permission was filed by notice date?
(b) Per SC rules, SLP’s should be confined only to pleadings before the court whose order is challenged and hence my petition follows these rules. However the respondent in counter has (i) attached documents and (ii) made new categorical statements that were not part of the pleadings in lower court (HC) .
Should I argue on this in the court OR should I write to registry to render the counter defective?
(c) Can I amend my prayer to request court to indict the respondent of perjury and contradictions?
Thanks a lot !
