July 23, 2018
Sukhendu Sekhar Roy speaks on The Specific Relief (Amendment) Bill, 2018
Although this is a Bill is seemingly an innocuous Bill, from the Clause 2(A) it appears that the Government wants to take away the powers of the civil court. Here it is said that no injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project, where granting injunction would cause impediment or delay in the progress of completion of such infrastructure project.
Now, who will decide that whether it will create the impediment to any infrastructure project? Government or the Court? If we want to respect the rule of law, so far practiced in this country, then it is under the purview of the court. If I am an aggrieved person, where would I go? If the Government decides, ‘no no no, we can not allow this because it will create the impediment to infrastructure’ then is that final? I have no remedy to go to the civil court? This is very dangerous for democracy.
Secondly, the schedule, which has been mentioned here, is not exhaustive because in Clause 20(A), subclause 2, it is said that the Central Government may, depending upon the requirement, amend the schedule relating to any category of projects or infrastructure. Therefore, subsequently also Government assumes the power to incorporate any project under that schedule. This is another dangerous provision.
Finally, in Clause 20(D) it is proposed that the State Government in consultation with the Chief Justice etc will establish one or more civil courts as special court. My question is, in this country how many special courts have been created in this way and in this process normal civil courts rendered defunct?
Therefore, I will urge the Government to have a relook at this provision. I am opposed this Bill.
Thank you, Sir.