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October 2, 2019 at 12:04 pm #35768
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Supreme Court squarely to blame for economic slowdown, says senior advocate
Harish Salve says with judgments like 2G, coal block allocation and Goa iro
SC ‘inconsistent’ in dealing with commercial casesAuto extracted Text……
New Delhi: Senior advocate Harish Salve has blamed the Supreme Court for India’s current economic slowdown, saying the decline began with the apex court judgment in the 2012 2G spectrum case, when in one stroke, it cancelled 122 spectrum licences issued to telecom operators, redrawing India’s telecom industry.
“… I squarely blame the Supreme Court,” he told fellow senior advocate Indira Jaising in an interview for her legal news website, The Leaflet.
“I can understand holding people responsible for the wrong distribution of licenses in 2G… Blanket cancellation of licences where foreigners are investing… See, when a foreigner invested it was your rule which said he must have an Indian partner.
The foreigner did not know how the Indian partner got a licence,” he said.
“Foreigners invested billions of dollars, and with one stroke of the pen, the Supreme Court knocked all of them out.
The Supreme Court had then cancelled 122 licences in February 2012, rejecting the arguments presented by Salve, who appeared for 11 telecom companies in the case.
In doing so, the trial court opined that the scam was “conjectured” by some people who created a “scam by artfully arranging a few selected facts and exaggerating things beyond recognition to astronomical levels”.
In the interview, Salve also said that the Supreme Court has been “inconsistent” in dealing with commercial cases, causing “grave concern in the minds of investors”.
He referred to the Supreme Court judgment on coal mines.
“You cancelled coal mines by one stroke of the pen, without examining the merits of every case.
Indian coal mines are lying closed, and we are importing coal.
The Supreme Court had, in August 2014, declared all 218 coal block allocations from 1993 to 2011 illegal and arbitrary.
Salve also called the apex court judgment cancelling iron ore mining leases in Goa “a howler”.
He claimed that the Centre had sent seven senior secretaries to consult him on dealing with the Supreme Court judgment
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