The Government’s uneasiness with the functioning of the National Green Tribunal (NGT) came out in the open as it directly attacked the tribunal’s functioning, terming it an “embarrassment” in an affidavit filed before the Supreme Court.
Offended by the Government’s stand, the Supreme Court on Thursday drew the battle lines and gave the Centre two weeks to file a proper affidavit failing which the Tribunal would be wound up.
It all began when the Court took up a petition filed by the Centre for implementing the NGT Act 2010 providing for a Principal bench at Delhi and branches at Pune, Kolkata, Chennai and Bhopal. The Centre touched a raw nerve with its affidavit filed by Deputy Secretary RK Agrawal in the Ministry of Environment and Forests that said, “…NGT is not functioning as per the provisions of the NGT Act. This has been resulting in embarrassment to the Government before the Parliament.” The officer even blamed the NGT for delay to set up bench at Pune and indicated that MoEF was “more than eager” to give full effect to the NGT Act but for the cooperation of the tribunal.
Reading between the fine print, the bench of Justices GS Singhvi and V Gopala Gowda said, “This affidavit shows tribunal is an eyesore for the Government....First time an affidavit has been filed by Government which attacks a quasi-judicial body.” The Court was aghast at the “audacity” of a Deputy Secretary rank officer to term a judicial tribunal an “embarrassment” and accusing it of non-cooperation.
The bench directed all communication to the Chairperson NGT to be addressed by Secretary MoEF, who was asked to negotiate all shortcomings with regard to functioning of the benches.
Pointing out how orders after orders passed by the Court led the NGT benches to be set up, office space earmarked, residences for judicial and expert members allocated, support staff recruited, and the NGT beginning to function, the bench asked Solicitor General Mohan Parasaran, “Who did all this jobIJ” The Government was put to further shame when the Court wished to know from Parasaran, “Where is your request to the States to operationalise the benches,” cornering the Centre over its inaction.
Under pressure to defend its own officer, Parasaran admitted that the officer was not “justified” in passing such comments and dropped the affidavit only to seek permission to file a proper affidavit in two weeks. The heat remained on the officer till the proceedings ended as the Court asked SG to brief the Minister of the officer’s conduct. labeling the affidavit to be “nonsense”, it said, “If an officer of Government attacks the tribunal itself, there is no point of having a tribunal…This gentleman has breached all levels of decency.”