Monday, November 29, 1999

Before he retires, CJI may pronounce on gas row, MPLAD fund, narco test

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While no date has been set, the much-awaited judgment on one of India's biggest and dirtiest corporate battles over supply of gas and gas pricing, which was being staged inside courtroom number 1 of the Supreme Court of India, will come in before May 11, the last working day of the present Chief Justice of India KG Balakrishnan. He presided over the three-judge Bench, which reserved its judgment on December 18 last year.The subject of the dispute is whether Reliance Industries Limited (RIL) is bound to honour a family pact to supply 28 million units of gas for 17 years at $2.34 per unit to Reliance Natural Resources Limited (RNRL) from the Krishna-Godavari basin gas fields. Last year, the Bombay HC had ruled in favour of RNRL.A legal expert said that in case the judgment is not pronounced before the retirement of Balakrishnan, the matter would have to be heard afresh by a new Bench.But the gas dispute is just one of the many cases whose judgment stands reserved by benches headed by the outgoing CJI.Another important case whose outcome could be known before May 12 is the issue of constitutional validity of MP Local Area Development (MPLAD) funds.A Constitutional Bench headed by the CJI had on January 21 last year reserved its judgment on the issue. Earlier, a Bench of the apex court had reserved its verdict in November 2009 on the same issue, but had to conduct some more hearings after the government requested permission to make more submissions.The SC is also expected to deliver its judgment in the next few days on whether law enforcement agencies were allowed under the Constitution to use modern scientific techniques such as the polygraph test, brain mapping and narco-analysis during investigation in criminal cases. On January 24, 2008, a three-judge Bench headed by the CJI had reserved its verdict in the matter.The petitioners, who include the so-called Godmother of Rajkot, Santokben Jadeja, have questioned the validity of suspects being subjected to intrusive scientific investigative tools without their consent.Another important issue on which the CJI-led Bench's final word is likely before he demits office is the subject of removal of governors with the change of government at the Centre.In 2004, then BJP MP BP Singhal had filed a PIL challenging the removal of governors of Uttar Pradesh, Gujarat, Haryana and Orissa by the previous UPA government. The judgment in the case was reserved in September 2009.Today, an apex court Bench headed by the CJI reserved its verdict in a case pertaining to alleged illegal mining by the Obulapuram Mining Company Ltd owned by Karnataka's Reddy brothers in Bellary reserve forests in Andhra Pradesh.Andhra Pradesh has challenged the decision of the high court allowing mining activities by the Obulapuram Mining Company, which was later stayed by the apex court in an interim order.

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