Adani Group’s cases listed in contravention of setteled practice of Apex Court, Alleges Dushyant Dave
By :- Syed Ali Taher Abedi
Senior Advocate and former president of Supreme Court Advocates Bar Association Dushyant Dave has written to Chief Justice of India (CJI) Justice Ranjan Gogoio alleging that the matters relating to the Adani Group of companies, which were listed in the Summer Vacation, is in the contravention of the settled practice of the Apex Court.
While mentioning two such cases Mr. Dave stated that the bench of Justice Arun Mishra and Justice M.R Shah heard one such case on May 21 without the matter having ordered to be listed during the summer vacations by any regular bench or without being any urgency in the matter.
The first Dave mentioned is Pars Kenta Colleries LTd v. Rajasthan RajyaVidyut Utpadan Nigam Limited (Civil Appeal 9023/2018). The case arous out of SLP(C) 18586/2018 in which leave was granted on August 24,2018 by a Bench of Justice Rohinton Nariman and Indu Malhotra.
The second case mentioned by Dave is a 2011 Civil Appaeal titled Adani Power (Mundra) Limited V. Gujurat Electricity Reulatory Commission and others (civil appeal 11133/2011).
The same Bench entertained on May 23 2019 petition filed for early hearing of the matter and listed the case for and listed the case for hearing on next day. The previous listing of the case was February 2017.
“Handbook of Practice and Procedure published by Supreme Court shows that matters ought to have been listed before available Coram Judge from previous Benches. Why was this practice not followed is a mystery. Did Registry play foul in this regard? “Dave asked.
In his letter to CJI Dave also made reference to the press conference by Justice Gogoi and three other the then sitting Judges against former CJI Justice Deepak Mishra. In the said press conference they had mentioned in January 2018.
While clarifying his stance he said that he was not questioning the merits of the Judgements in the cases but only pointing out the procedural irregularities in the bench headed by Justice Arun Mishra taking up these matters.
Citing the examples of CJI HJ Kania recalling certain judgements passed by Justice K.N. Singh following outcry by members of the Bar and the then Attorney General regarding the questionable manner in which favours were given to a particular business house, Dave urged the CJI to take the corrective steps as deemed appropriate tomprotect the institution.
