“Pass an order which we can understand,” - SC to Bombay HC while remitting a case
In a brief but embarrassing order, the Supreme Court has set aside an order of Bombay High Court after it failed to understand it and has asked the court to pass an order that is ‘comprehensible and can be understood’ by it. 
 
“On perusal of the impugned order, we find it is unintelligible and we could not decipher what has been decided by the High Court. We, accordingly, set aside the order and remit the matter to the High Court. We request the High Court to pass an order which we can understand,” reads the order from the SC bench of Justice Deepak Gupta and Justice Aniruddha Bose.
 
The SC bench was hearing a special leave petition (SLP) questioning the Bombay High Court’s two-page order in a criminal writ petition heard by the Aurangabad bench. 
 
The two-page Bombay High Court order issued by Justices K.K. Sonawane and T.V. Nalawade, indeed seems incomprehensible. Here is what the order of 19th August 2019 says:
 
“Learned A.P.P is to collect the information from the concerned regarding present stage of the Investigation which started in Crime Register No. 88 of 2016. The submissions made show that the investigating officer has formed opinion that as it is “B” summary case but his report is not approved by the superior officer. Directions are given to make more investigation on the points given by superior officer and that is going on”.
 
“The submissions made show that the case filed against the present petitioner for the offence punishable under Section 324 read with Section 149 of the Indian Penal Code and it is at the stage of the final argument of the matter. As investigation in Crime Register No. 88 of 2016 is not completed, there is no question of taking cognizance of the offence allegedly committed against the present petitioner by other side. It was always open to the present petitioner to bring on record the relevant circumstances which can be said to be in favour of the petitioner. For that, the proceeding of Sessions case which is on the verge of the completion and decision cannot be stalled. As the present proceeding is premature in respect of Crime Register No. 88 of 2016. Present proceeding is also disposed of.”
 
The decision has sparked a much discussion and amusement on social media, with someone tweeting - “loving the sense of humour” of the SC bench. Deepak Shenoy, founder of Capitalmind, was sympathetic with the SC bench tweeting, 
 
 
Senior Advocate Menaka Guruswamy said, 
 
 
 
Retd. Maj. Gen. S.G. Vombatkere asked, 
 
 
One a sober note though, the order reflects yet another sad aspect of India’s justice system, where litigants needed to approach the apex court to ensure a comprehensive order. Now that the matter has been remanded back to the high court, it only means further delay until the issue is decided. 
 
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    COMMENTS

    P M Ravindran

    2 weeks ago

    Isn't this also not going to be the last straw that would break the judiciary's back?

    UP Power Corp EPF investment in DHFL: New set of documents spell more trouble for Yogi govt
    The list of victims of UP Power Corporation's tainted investment in embattled housing major DHFL is growing almost daily. In a late night decision, Aparna, Managing Director of UP Power Corporation, was removed. Senior IAS officer M. Devraj would be the new Power Secretary in the state.
     
    The Employees' Provident Fund (EPF) scam in Uttar Pradesh seems to be becoming the Achilles' heel for the Yogi Adityanath government.
     
    Fresh sets of documents revealed that the decision to bring in controversial private firm Dewan Housing Finance Limited (DHFL), which is involved in the Rs 2,600 crore EPF scam, was taken after the Yogi government came into existence on March 19, 2017. 
     
    Earlier, Power Minister Shrikant Sharma had claimed that the decision to bring in DHFL to hold EPF funds was taken by the previous Akhgilesh Yadav-led government.
     
    Referring to the FIR and minutes of the meeting of the UP State Power Sector Employees Trust, the leaders of UP Power Employees Joint Committee said that the decision to invest the hard-earned money of the employees in a shady company was taken on March 24, 2017, five days after Yogi Adityanath took oath as the Chief Minister of Uttar Pradesh.
     
    Prominent power union leader Shailendra Dubey told IANS over phone that though he welcomeed the state government's decision to initiate a CBI inquiry into the EPF scam, the Chief Minister should first remove higher officials of the Energy Ministry to ensure that files and documents relating to the DHFL issue remain intact.
     
    "It is now clear that the decision was taken on March 24, 2017, during the Yogi government's rule. We have seen the minutes of the meeting, where the present government authorised two trust officials to invest EPF money. As huge funds were transferred to DHFL between 2017 and 2018, the present set of officials should not remain in the Power Ministry," said Dubey, Chairman, All India Power Engineers Federation. 
     
    In fact, UP government's alleged dealing with DHFL has caused a stir in Lucknow. The FIR registered with the Lucknow Police revealed that state-owned UP Power Corporation Ltd (UPPCL) invested its employees' funds worth over Rs 2,600 crore with DHFL, whose promoters were recently grilled by the Enforcement Directorate for their links with a front company of the late Iqbal Mirchi, a former aide of Dawood Ibrahim.
     
    The decision to invest EPF money in a shady private company has been vociferously raised by the engineers and the employees' unions. In a letter to the UPPCL Chairman, several employees' unions have questioned the decision to invest money related to General Provident Fund (GPF) and Contributory Provident Fund (CPF) of employees with DHFL.
     
    Facing opposition's attack, particularly from Congress leader Priyanka Gandhi, over the investment of the part of EPF in DHFL, the Uttar Pradesh government tried to set the record straight, asserting that the "dubious" decision was taken by the Akhilesh Yadav-led government in April 2014, and the process of investment was further carried forward during 2016. 
     
    The Yogi government, taking a swift decision, registered an FIR and arrested two senior officials, Praveen Kumar Gupta, the then Secretary of the UP State Power Employees Trust and UPPCL's Provident Fund Trust, and UPPCL's erstwhile Director (Finance) Sudhanshu Dwivedi.
     
    On Sunday, Energy Minister Shrikant Sharma revealed to the media that the decision to bring in private players was taken during the Akhilesh government. He said the decision to invest in DHFL from March 2017 was taken by Gupta and Dwivedi without bringing the matter to the knowledge of the UPPCL Managing Director.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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    COMMENTS

    Hudaf Shaikh

    2 weeks ago

    DHFL has claimed that it has sufficient money to service it's debts. UP Government should immediately approach High Court to request that DHFL be directed to restart paying interest on all the secured debt - and on segregating performing assets to service secured creditors and debentures in full, restart interest payments to the unsecured creditors.

    Ramesh Poapt

    2 weeks ago

    dhfl was 5 star rated. now all are after dhfl investors.

    Madras HC asks Centre: Why not scrap NEET, too?
    The Madras High Court on Monday questioned Central government why the National Eligibility-cum-Entrance Test (NEET) brought in by the earlier Congress government should not be scrapped by it.
     
    Hearing the petition relating to impersonation in NEET, the court said while the Central government is reversing various schemes brought in by the earlier government, why it could not reverse the decision on the medical entrance exam or NEET.
     
    The court observed it is impossible to get medical college admission without going for private coaching centres to clear the NEET.
     
    The court asked how poor students can get admission as only the moneyed class can clear NEET.
     
    According to the court, while it was said NEET would reduce the cost of medical education, it seems now the money is earned by the coaching centres.
     
    Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
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    COMMENTS

    Ramesh Poapt

    2 weeks ago

    neet...not clean!?

    R Chandrasekaran

    2 weeks ago

    [email protected]

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