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The case involving RIL and Anil Ambani’s Reliance Natural Resources Ltd (RNRL) over the pricing of gas from the Krishna Godavari basin was adjourned until Thursday when a new bench will be constituted for the hearing.
It is learnt that Justice B Sudershan Reddy will be the third judge on the bench.
Legal experts said there was “very little” chance of concluding hearing in the matter by November 17 as was sought earlier by the bench. “The new judge would like to hear the matter afresh to get acquainted with facts of the case as well as contentions raised by the RIL counsel who has been addressing the court so far,” said one of the lawyers in the case.
Justice Raveendran, who had earlier too offered to dissociate himself from the bench as he had shares in companies owned by both brothers but was persuaded to stay on, withdrew from the bench just as hearing began today.
“I am recusing myself from hearing this matter since I came to know only yesterday that my daughter is associated with a solicitors’ firm which is advising the Mukesh Ambani group in other matters relating to projects of global acquisitions,” Justice Raveendran said.
His daughter has been associated with the Bangalore branch of leading law firm AZB & Partners since September 1.
“My conscience is clear and I feel that justice should not only be done but seen to be done. That is the tradition of this court. I am sorry that six days of valuable time of this court has been wasted,” said Justice Raveendran, adding “somebody should have brought to our notice earlier about my daughter’s association with the firm.”
He said since only RIL had been presenting its case so far, it was not too late to dissociate himself from the hearing. He declined to remain associated despite strong pleas by RIL counsel Harish Salve and RNRL lawyer Ram Jethmalani.
The lawyers urged the CJI to continue hearing the matter with the other remaining judge — Justice P Sathasivam. To this, CJI Balakrishnan said: “In the beginning, I had said that this matter should be heard by a three-judge bench.”
In a statement later, RIL said it “was neither aware nor AZB Partners informed us that Honourable Justice Raveendran’s daughter is associated with the Bangalore office of AZB. This fact came as a surprise to our senior counsel and us. AZB Partners who have been advising us from time to time should have informed us of this fact and RIL regrets that six working days of the Honourable Court were lost.”
But Jethmalani contradicted RIL’s claim, maintaining that RIL was aware that a lawyer from the same firm was not only attending the hearings but was also advising it (RIL) in some matters. “It was their (RIL) plain duty to disclose this before the hearing,” he said.
As per details of assets of judges posted on the Supreme Court website two days ago, Justice Raveendran has 772 shares of RIL, 783 shares of Reliance Communication Ventures, 821 shares of Reliance Capital, 840 shares of Reliance Energy and 783 shares of RNRL.
His wife, Vasanthi Raveendran, has 314 shares of RIL, 314 shares of Reliance Communication Ventures, 15 shares of Reliance Capital, 22 shares of Reliance Energy and 314 shares of RNRL.
The RNRL is citing an Ambani family MoU to make RIL supply gas to it at a rate that is 44 per cent lower than the government-approved price. But Mukesh Ambani’s company has refused to do so, saying this was not possible in view of government pricing and gas policies.
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The news say that the Honorable was asked to stay on the bench even though he insisted on disassociating himself as he held shares from both the companies. Why succumb to such pleas and pressures, even if it was form the Chief Justice? India needs dedicated and devoted lawyers and Justice's. They set an example and hence it should be seen as a matter of ethics and professional obligation to check with any conflict of interest in the first place.
Dear Sir, When the Hon'ble Judge of Supreme court recused from the case,his lordship had been in the situation at that time,which can not be expressed in words, so has taken the right decision at right time to withdraw from the case.Some stages Hon'ble Judges have no knowledge of future events, some thing may have forced his concious, which compelled his lorddship to recuse from the matter.In the context of my 32 years standing practice and observation. His lordship has recused from the case, which speaks itself, his lordship is most honest,trustworthy Hon'ble Judge of the Apex court. I pray God for his ever success and we all should follow his principles.
If a Judge had his own unique reasons to disassociate from the hearing a case, he should have opted out of the bench much earlier, not on the hearing day causing predicaments in all respects. The judge must have imagined that he sets an example, but went in bad taste as the incident will prolong the case and over-run cost to court and litigants. The nation needs Judges not only for good judgments but also for manifesting judicious precedents.