Adani Group companies case hearing in the summer vacation bench of the SC inappropriate and without proper justification: Dushyant Dave writes a letter to the CJI
Dushyant Dave, Senior Advocate and former President of the Supreme Court Bar Association has written a letter to the Chief Justice of India alleging that in the case of Parsa Kenta Collieries Ltd. Vs Rajasthan Rajya Vidyut Utpadan Nigam Ltd., the summer vacation bench of the Supreme Court comprising of Justices Arun Mishra and MR Shah disposed off the matter hastily without there being urgency...
Dushyant Dave, Senior Advocate and former President of the Supreme Court Bar Association has written a letter to the Chief Justice of India alleging that in the case of Parsa Kenta Collieries Ltd. Vs Rajasthan Rajya Vidyut Utpadan Nigam Ltd., the summer vacation bench of the Supreme Court comprising of Justices Arun Mishra and MR Shah disposed off the matter hastily without there being urgency in the matter.
Parsa Kenta Collieries Ltd. is a part of Adani group.
According to Dave, the judicial order passed by the Apex Court in the matter adversely affected the overall functioning of the justice delivery system. He further said that in certain instances, cases having political overtones and far reaching consequences for the nation and institution have been assigned by the Chief Justices selectively to benches of their preference without rationale.
He further mentioned that the Parsa Kenta case was not ready for hearing during the vacation bench as per the Court record available on its website. The Bench took up the matter without proper justification. The arguments were concluded and judgment was reserved. The other Counsels appearing for the matter were neither informed nor were their consent taken.
In the second instance, Dave mentioned of a case entertained by the same Bench in the case of M/s. Adani Power (Mundra) Ltd. v/s Gujarat Electricity Regulatory Commission and Ors. The hearing was concluded and the judgment was reserved. Earlier, in 2017, when the matter had come for hearing, it was adjourned with the following order “As prayed for, list the matters next week”. However, it was not heard on the subsequent week and was never listed thereafter, but was entertained during vacation.
Dave contended that the application for early hearing should not have been entertained during vacation as it did not fall within the ambit of circular dated 29 April 2019 issued by the Secretary General.
A request was made on behalf of the Advocate-on-Record (AOR) of the Respondent not to take up the matter during vacation due to the non-availability of the AOR. Also the Junior Advocate from the office of AOR reiterated the request. However, the Bench did not pay heed and proceeded to hear the matter.
Dave contended that the total benefit to the Adani Group from these two judgments is likely to run into thousands of crores. According to him, the appeals have been disposed in contravention of the established procedure of the Supreme Court, thereby causing grave injury to the public interest and public revenue. Further it has also caused immense damage to the image of the Supreme Court and administration of Justice.
He noted that “It is disturbing that the Supreme Court of India should take up regular matters of a large corporate house during summer vacation in such a cavalier fashion and decide them in its favour. It also raises a serious and disturbing question as to whether the Registry sought concurrence from the Hon’ble Chief Justice for listing such matters and if not whether the Registry became party to such listing in violation of its own practice and Procedure. ”
Dushyant Dave concluded by requesting the Chief Justice of India to look into the matter and take corrective steps as deemed appropriate.
Dave has appeared as a lawyer for the Adani Group companies over the years in the case of Parsa Kenta Collieries Ltd. Vs Rajasthan Rajya Vidyut Utpadan Nigam Ltd. before the Rajasthan HC.