‘All this is for media publicity,’ says SC; turns down Congress’ plea on retrospective environmental clearances
As the bench was not inclined to entertain Jairam Ramesh’s petition, his counsel sought to withdraw it, and the bench allowed withdrawal of the petition with liberty to avail remedies in accordance with law
The Supreme Court on Thursday refused to entertain a petition filed by Congress leader Jairam Ramesh challenging retrospective environmental clearances to projects.
“All this is just for media publicity,” a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said as it questioned how the petitioner could seek a review of its earlier verdict by way of a writ petition.
“Why did you not file a review? You are just raising all these grounds in writ. In a writ, how can you seek review of a judgment and if you do, then be ready to face exemplary costs,” CJI Kant said.
“Please tell us how the writ is maintainable? We know the design behind these kind of writ petitions. There was a judgement. That has been set aside by a larger bench in a review. Now, you are indirectly filing a review petition,” the CJI told the lawyer representing Ramesh.
As the bench was not inclined to entertain Ramesh’s petition, his counsel sought to withdraw it, and the bench allowed withdrawal of the petition with liberty to avail remedies in accordance with law.
Reversing its verdict, the top court had on November 18 last year paved the way for retrospective environmental clearance by the Centre and other authorities to projects found violating environmental norms on payment of heavy penalties, observing that otherwise “thousands of crores of rupees would go in waste”.
By a 2:1 majority, it had held that numerous vital public projects constructed out of public exchequer to the tune of nearly Rs 20,000 crore will be demolished if the May 16 verdict, which barred the Centre from granting retrospective environmental clearance to projects, was not recalled.
On Thursday, the CJI-led bench sought to know why Ramesh has filed a fresh writ petition despite knowing that there’s a three-judge bench verdict in the issue.
“I am saying ex-post facto clearances are wrong and I am saying the cause of action arose only after the judgement,” the lawyer submitted.
“Therefore, you can challenge a judgement in a writ petition? When the judgement is delivered by this court and the government, in compliance of that judgement, has issued a notification, you will challenge that notification?” the CJI wondered.
Noting that the petition was filed only for the media, the bench said, “If you are aggrieved by the judgement, then you know your remedy. How can you seek a review of a judgement in a writ petition?”
