Forest advisory committees: Centre confronts Supreme Court

New Delhi, Jan 5 (UNI) The Union Government today went for a confrontation with the Supreme Court during the hearing of forest matters, accusing the apex court of ''passing orders in violation of statutory provisions.'' Additional Solicitor General Vikas Singh told the bench headed by Chief Justice Y K Sabharwal that the apex court has powers under Article 142 of the Constitution but ''it is passing orders contrary to the statutory provisions.'' Replying to Mr Singh, the Chief Justice said,''Supreme Court is dealing with forest matters for the last 10 years and no Attorney-General, Solicitor-General or Additional Solicitor-General have said anything like this in the past and we are hearing this for the first time.'' To add ground to his statement, ASG replied that only recently such orders were being passed.

In a heated argument between Justice Arijit Pasayat and ASG, Justice Pasayat said,''you must have some responsibilities.'' ASG replied,'' I am saying this with utmost responsibility.'' Justice Pasayat further commented that ''it shows utmost irresponsibility, and don't utter a single word now.'' ASG countering him said,'' you cannot gag me like this by saying it is contempt. Centre has responsibility and what the Centre has done is not less than what the SC has done.'' Other judge on the bench was Justice S H Kapadia.

The SC today extended the stay till further order against the government appointed Forest Advisory Committee (FAC).

The court directed the Centre to file an afidavit within two weeks stating therein whether the nomination of Expert Committee Members (ECM) was in accordance with the guidelines of April 2004 and if so a copy of the guidelines be also filed.

The apex body further directed that the court appointed Centrally Empowered Committee will continue to function and when the matter is heard after three weeks, Justices Pasayat and Kapadia will be the members of the bench.

On December 15, 2006 the court had reprimanded the Centre for including the members against the wishes of CEC and amicus curiae Harish Salve.

According to Mr Salve the union government nominees lack required qualification and hence they should not have been included in the committee.

The names of government appointed Expert Committee Members are Ms Belinda Wright, Bittu Sehgal, Shyam Chainani, P K Manohar, Dr Claude Alvares, S C Sharma, P K Sen and V R Chtirapoo.

Other members of FAC are Dr J S Singh, A S Dogra and M Kamal Naidu.

UNI