The NDA
government will be put to the test at the summit of the judiciary from
Monday June 30,2014, when the aggressive and assertive Supreme Court, which kept the
United Progressive Alliance dispensation on tenterhooks for a decade,
reopens after a nearly two-month-long summer recess.
A
peculiar aspect of most big pending cases is that the Congress-led UPA
will continue to be at the receiving end of the apex court's wrath.
Though
the grouping is down and out after its humiliating defeat in the Lok
Sabha polls, scams and failed policies will continue to haunt the
Congress and its allies as the court resumes hearing cases related to
the 2G spectrum allocation scam, coal blocks allocation scam, black
money probe, PIL challenging validity of Aadhaar cards, and the
appointment of the Lokpal.
The
NDA's legal team, headed by Attorney General Mukul Rohatgi and
Solicitor General Ranjit Kumar and assisted by a team of Assistant
Solicitors General, is set to go hammer and tongs against the former
government and add fuel to the fire to be generated by the apex court.
In
the criminal investigation of the coal scam, wherein the Central Bureau
of Investigation (CBI) has filed 20 First Information Reports (FIRs) so
far at the prodding of the court, the Supreme Court has asked the
agency not to file any closure report till it takes a final decision on
their vetting by the CVC.
This
order came as the apex court fumed at sluggishness in filing FIRs and a
growing number of cases against individuals and companies in the coal
allocation scam being dropped on grounds of differences of opinion
between senior and lower officials of the CBI.
What to watch out for
The
Centre was asked by the Supreme Court to de-allocate 69 coal blocks
where the allottees could not commence production and have been waiting
for several years for securing forest and environmental sanction.
The Centre has already issued show-cause notice to 61 mines and begun
the de-allocation process. The court has reserved its judgment on the
validity of the allocations during 1993-2008, which means it will decide
the validity of the allocation not only during the UPA I and UPA II
governments, but also those made earlier by the first NDA government.
As
the trial in the 2G spectrum allocation case against A. Raja, Kanimozhi
and 14 other accused, including corporate honchos, is in its last lap
in the trial court, the Supreme Court's focus is on carrying the probe
forward.
At the last hearing in May, the court questioned the delay in filing
the charge-sheet against former Union minister and DMK leader Dayanidhi
Maran in the Aircel-Maxis deal.
The
CBI informed the court that serious difference within the agency on
whether there is sufficient evidence to prosecute Maran was the reason
for the delay.
CBI Director Ranjit Sinha and the agency's top brass is in favour of
closing the case against Maran as they feel that the available evidence
may not stand scrutiny in court.
The
prosecution director and investigating officers are in favour of filing
a charge-sheet. Therefore, the matter was referred to former Attorney
General G. Vahanvati for a legal opinion.
The
Supreme Court had taken a slew of measures during the UPA II regime to
liberate the CBI, described as a "caged parrot", from the government's
clutches. But its real test will be when the Supreme Court will soon
hear CBI's appeal against the dropping of conspiracy charges against
senior BJP leaders L.K. Advani, Kalyan Singh, Uma Bharti, Vinay Katiyar
and Murli Manohar Joshi and 14 others in the Babri Masjid demolition
case.
The
CBI has challenged in the Supreme Court the May 21, 2010 order of the
Allahabad High Court, which had upheld a special court's decision to
drop charges against the leaders.
Gay & proud?
The
stand of the NDA government will be eagerly watched when the Supreme
Court commences hearing a curative petition filed by gay rights
activists after their review petition against the judgment which made
gay sex a crime punishable with life was dismissed.
The saffron brigade led by RSS and VHP have stiffly opposed homosexual acts as "against the ethos of Indian culture".
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