SC comes down heavily on Centre for seeking adjournment in case on tribunal law reforms

New Delhi: The Supreme Court on Thursday came down heavily upon the Centre for seeking adjournment of the hearing in a batch of pleas, including the one filed by the Madras Bar Association, challenging the constitutional validity of the 2021 law on tribunal reforms. 

Terming it "very unfair", a bench led by Chief Justice of India B R Gavai made it clear that if the Attorney General, who appears on behalf of the Centre, does not show up on Monday, then it will close the matter.

The court's observation came as Additional Solicitor General Aishwarya Bhati sought an adjournment on behalf of the Attorney General. 

The court was informed that the AG has an international arbitration scheduled on Friday, and he would not be available. Bhati requested the bench for accommodation.

"Very unfair to the court, we have accommodated him for so much time. We have accommodated him twice. This is not fair to the court," the bench told her.

The CJI, who is superannuating on November 23, told Bhati that if they want to keep the matter on November 24, then "you tell us frankly". Bhati, however, urged the bench to take up the matter on Monday.

The CJI, who appeared discontented, asked when the judges would write the judgment. 

"Every day, we are told he is busy with arbitration… at the last moment, you come up with an application to refer the matter to a constitution bench," the CJI told her.

He further asked why the Centre cannot allocate another counsel in the matter. 

"You have a battery of competent ASGs,” the CJI .

The CJI said that the bench has kept its Friday schedule clear to conclude hearings and use the weekend for the judgment.

After hearing submissions, the bench said it will hear senior advocate Arvind Datar, who appears on behalf of the Madras Bar Association, on Friday and accommodate the AG’s submissions on Monday. The CJI said, "If he does not come, we will close the matter."

On November 3, the apex court had expressed its displeasure at an application filed by the Centre seeking a direction to refer to a larger bench the pleas challenging the provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Act, 2021.

The court noted that it has already heard final arguments on behalf of petitioners, including lead petitioner Madras Bar Association, in the matter. The court criticised the Centre that it now wants the matter to be referred to a larger bench.

The bench said that on the last date of hearing, the Attorney General did not raise these objections instead, an adjournment was sought on personal grounds."You cannot raise these objections after hearing them fully on merits. We do not expect the Union to indulge in such tactics," the court observed.Attorney General R Venkataramani requested the bench that its application seeking a hearing by a larger bench should not be misunderstood. The bench then observed that it appears that the Centre wanted to avoid the present bench.“If we reject this application by you, we will observe that the Union is trying to avoid this bench. We will not hear all this now after we have heard one side on merits,” the bench said.