New Delhi, February 12 The Supreme Court on Thursday refused to entertain a petition filed by Congress leader Jairam Ramesh concerning retrospective environmental clearances for projects.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi questioned how the petitioner could seek a review of its earlier verdict through a writ petition.
"Please explain to us how the writ petition is maintainable. We understand the tactic behind such petitions. There was a judgment that has been overturned by a larger bench in review. Now, you are indirectly filing a review petition," the CJI told the counsel representing Ramesh.
"Be prepared for exemplary costs," the CJI warned.
As the bench showed its reluctance to hear the petition, the counsel sought permission to withdraw it.
The bench permitted him to withdraw the plea, with the liberty to seek legal remedies.
On November 18 last year, reversing its own verdict, the top court paved the way for retrospective environmental clearances by the Centre and other authorities to projects found violating environmental norms, subject to hefty penalties, observing that otherwise "thousands of crores of rupees would be wasted".
The top court, by a 2:1 majority, held that numerous vital public projects, constructed out of public funds amounting to nearly Rs 20,000 crore, would be demolished if the May 16 verdict, which barred the Centre from granting retrospective environmental clearances, is not recalled.
During the hearing on Thursday, the bench asked the petitioner's counsel as to why he had filed a fresh writ petition.
"You are aware that a three-judge bench has taken a view," the bench said.
The counsel referred to a January office memorandum and said it was issued to implement the apex court's verdict.
"I am saying that ex-post facto clearances are wrong, and I am saying that the cause of action arose only after the judgment," the lawyer said.
"Therefore, can you challenge a judgment in a writ petition? When the judgment has been delivered by this court and the government, in compliance with that judgment, has issued a notification, will you challenge that notification?" the CJI asked, adding that the petition was filed only for media consumption.
The counsel said that if the bench was not inclined to hear the plea, he would withdraw it.
"If you are aggrieved by the judgment, then you know your remedy. How can you seek a review of a judgment in a writ petition?" the bench said.