NGT justice faults Pondy Lt Governor
Judge P. Jyothimani recuses himself from case.
Chennai: In a major embarrassment to the Puducherry’s Lt Governor Kiran Bedi, the judicial member of the southern bench of the NGT on Tuesday faulted her for writing to him, inviting to pass orders on the government, in connection with the Kurumbapet garbage dumping yard case.
Responding to the letter addressed to him, Justice P. Jyothimani recused himself from the dumpyard case filed by two applicants from Tamil Nadu, seeking a closure of the site. Besides assuring the bench that the burning at the site would be ceased, Ms Bedi, in her letter dated January 11, 2016, had asked the judge to take binding orders on Puducherry government.
She said that she would write to CM, V. Narayanaswamy to take immediate steps without further delay. Ms Bedi has been inspecting the dump yard since the start of her tenure, as part of her mission ‘prosperous and clean Puducherry’.
Considering that the governor and V. Narayanaswamy do not share a good relationship on several issues, the dumpyard ended up being one more matter of dispute between the two heads of the authority. Burning of the solid waste here, dumped by the municipality has been a cause of inconvenience to the residents.
Making an oral statement, P. Jyothimani said, “It is very unfortunate and unfair that a person occupying a high office has chosen to write to me directly in a pending litigation. It amounts to direct interference in the administration of justice.”
The judge said that he doesn’t intent to complicate the matter by recording in the order. He had directed the registry to submit the case files before the principal bench, enabling for appropriate orders. The principal bench would transfer the case to any of the other benches.
“I, the judicial member of the National Green Tribunal is recusing from hearing the case,” he said. “There is no such precedence. Litigants are supposed to present the case in court, which is an open forum. Conserving with a judicial member in any other manner, except through pleadings is offensive under the contempt of courts act, 1973. Bedi’s move defies the settled principles in legal judiciary,” said a senior advocate, seeking anonymity.
“If the justice had recorded the statements in the order copy, there are umpteen chances for the resignation of the Lt Governor,” said the advocate. Additional government pleader, K. R Harin who was present along with his officers, expressed his apologies on behalf of the Puducherry govt for causing such embarrassment to the tribunal.