The Supreme Court has taken a note and a strong exception to the manner in which of late many tribunals have started to pass orders based which have been based on reports of committees and experts, without actually hearing the parties to the case.
A bench of Justice BR Gavai and Justice CT Ravikumar have taken NGT to task for being a part of one such order passed without hearing the party to the case.
Senior Advocate Ranjit Kumar, who appeared to challenge the NGT order, submitted that the ruling by NGT imposing a heavy fine was passed without hearing his client.
The counsel for appellant was contended that the tribunal ignored findings that the damaging blasts in question were not attributable to the appellant-company.
Justice Gavai, showing his anger said that these tribunals only pass orders based on committee reports, without giving notice to parties? Total violation of principles of natural justice.
Justice Ravikumar added that there were several such instances with the matters ending up before the top court.
In April 2022, the Supreme Court had in there needs to be reason why every case before a lower court or tribunal was ending up before the top court.
Justice KM Joseph had said that they do not want to use the word, but legislature has been dumb in this regard. We don’t want to use the word but that is the word … every case ultimately ends up in this Court