The Supreme Court on Thursday allowed the government to withdraw its petition seeking review of its February 2 judgment, which enunciated auction as the sole method for allocation of natural resources.
Coming down heavily on the government for writing to the Chief Justice to constitute ?the bench at an appropriate date and time? to hear its plea, a bench comprising justices G S Singhvi and K S Radhakrishnan took strong exception to the Centre seeking withdrawal of the review petition by circulating such a letter.
?You should have filed a proper application. Please tell us when was the occasion to request for constituting an appropriate bench…when the matter was listed for May 10, what was the need for the advocate to circulate a letter asking for constituting a bench by the CJI,? the bench said, adding that it has been frequently finding such type of letters in which ?indecorate language is being used? by the lawyers.
The bench rejected the government?s ?inappropriate? letter and accepted the oral request of additional solicitor general Indira Jaisingh for withdrawal of the review petition by observing that ?the government is happy with our judgment and do not want to challenge it now?.
Jaisingh, who was apologetic for such a letter that didn?t find favour with the bench, said, ?I will be happy and satisfied if the review petition is allowed to be withdrawn?.
The advocate-on-record, DS Mahra, had on May 8 written a letter to the Registrar of the Supreme Court, saying that ?in view of the fact that only limited notice has been issued, the petitioners do not want to press the review petition and will be praying for withdrawal of the review petition?.
However, counsel Prashant Bhushan, appearing for the NGO, Centre for Public Interest Litigation (on whose petition the CBI probe was ordered in the 2G spectrum scam), opposed the withdrawal plea by saying that all through the Centre had ?indulged in forum shopping?.
He argued that after it became clear to the government that the bench headed by Justice Singhvi was unlikely to ?significantly review the 2G judgment (after all other review petitions by telecom companies were dismissed) … the government wishes to try its luck before a larger bench of the Supreme Court?.
