The Delhi High Court on Friday firmly shut the door on Telecom Watchdog’s attempt to revive proceedings in a previously closed case. The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela dismissed the public interest group’s miscellaneous application, calling it “not maintainable” as the earlier writ petition had already reached finality.
Background
Telecom Watchdog had initially approached the court in 2020, questioning how telecom contracts were awarded without a tender process. Later, during that litigation, police registered an FIR alleging the organisation obtained internal government notes without authorisation. The petitioner said the FIR was meant to intimidate and punish them for exposing irregularities.
In 2024, the group withdrew its PIL with liberty to file a fresh petition if new issues arose.
Court’s Observations
When the matter came up again this time seeking to quash the FIR and initiate contempt the judges were not convinced. They explained that once a case is closed, the court becomes functus officio basically, it loses power to entertain fresh requests in that same case.
“The Court has no jurisdiction to entertain such application as no proceedings could be said to be pending,” the bench noted, stressing that reopening matters this way would “cause confusion and chaos.”
The judges also pointed to the liberty earlier granted if a new cause of action arises, the petitioner must file a new case, not try to bolt fresh claims onto a closed one.
On the demand for contempt action against investigating officers, the bench appeared unimpressed. It said contempt cannot be triggered through such an application in a disposed-of petition, and even otherwise, requires proper statutory procedure including consent from designated law officers.
“The prayer…is for quashing the FIR itself for which appropriate recourse is available,” the Court observed, indicating remedies like a fresh writ or criminal quashing petition.
Decision
With those findings, the Court dismissed the application, clarifying that the dismissal was only on maintainability and would not prevent the petitioner from approaching another forum appropriately in the future.
And that is where the order ends the High Court declining to extend the dispute any further within this closed file.
Case Title:- Telecom Watchdog v. Union of India & Ors.