
The NIA stated that the review petition filed by Varavara Rao, Vernon Gonsalves and Arun Ferreira is barred by law as their prayer was seeking an alteration or review of the final judgment passed by the High Court on December 1, 2022.
The affidavit cited Section 362 of the Code of Criminal Procedure (CrPC) that puts an embargo on Courts to alter or review its judgment or final order disposing of a case, “except to correct a clerical or arithmetical error”.
It contended that the prayer sought by the three accused asked for alteration of the observation made final by the High Court after due verification of records and hearing, after which the plea was disposed of.
The accused cannot seek reliefs which are expressly barred by the CrPC, the NIA stated.
Source: Barandbench