You can't dismiss petitions in haste, Attorney General tells CJI
What's the story
Attorney General KK Venugopal, on Monday, told Chief Justice of India Ranjan Gogoi that it wasn't appropriate for the bench to dismiss petitions without a proper hearing, Live Law reports. Speaking to a bench headed by CJI Gogoi, an impassioned Venugopal said clients came from far to the court. "As their counsel stands and you say, 'dismissed!'....This is not the way," he said.
Quote
Clients come from thousands of miles, Venugopal reminds CJI
"Clients come from far away, from thousands of miles away. They stand at the back and look at this court....as their counsel stands and you say, 'dismissed!'....This is not the way....Your Lordships have to hear completely! Please see the other courts," Venugopal said in court.
Argument
CJI Gogoi says words taken in proper spirit
On Venugopal's advances, CJI Gogoi said, "Okay....We take what you are saying in a proper spirit. Please argue." The case pertains to an SLP of 2015 which is pending before the SC. The petitioner has challenged the constitutional validity of Entry Tax Act. The petition also challenges the demand raised by Rajasthan's Commercial Taxes Department, under the provisions of the Act.
The case
What the case is all about
In January 2015, the apex court granted a stay of 50% on the demand. But the court directed that remaining 50% should be deposited with a further amount of Bank Guarantee. The petitioner M/S Bharti Hexacom Ltd, acted as told by the court. But surprisingly, Assistant Commissioner, Commercial Taxes Department levied interests on the amount deposited, despite the matter being sub-judice.
Details
Earlier, Rajasthan Court gave its judgment on case
In July, a division bench of Rajasthan Court ordered that interest can't be levied on the period during which stay was granted. Inside court today, CJI Gogoi told Venugopal to not assume they have not done their reading. On this, Venugopal said, "If Your Lordships had read it, you would have admitted it (the matter) straight away! It involves public money!"
The decision
Venugopal tells the case involves public money, and questions reluctance
Venugopal then questioned the reluctance of the bench in the matter knowing that it involved public money. He urged the bench to not issue any notice, and just keep the SLP pending, a request which was accepted by the top court. Notably, the SC rejected plea requesting an early hearing in Ayodhya case today and said the matter was already listed for January.