“A judge who is answerable only to his own conscience and to an opaque internal process is not more independent. He is less trusted. And an untrusted court cannot do the work the Constitution assigns to it.”

-Senior Advocate and eminent jurist Kapil Sibal at an event by the Campaign for Judicial Accountability and Reforms.

KG Basin Gas Dispute: Can Mediation Settle Questions of Public Accountability
The Supreme Court has referred the dispute between the Centre and Reliance Industries over alleged extraction of gas from ONGC’s adjoining fields in the Krishna-Godavari basin to mediation, appointing former judge Ranjana Prakash Desai as mediator. The move raises important questions about the balance between commercial dispute resolution and public accountability. At stake is a claim involving natural resources held by the state in trust for the public. 

The Delhi High Court had set aside an arbitral award favouring Reliance, holding that the alleged extraction raised questions of contractual compliance and the public trust doctrine. While mediation could offer a pragmatic exit from protracted litigation, it also risks shifting attention away from the larger legal questions surrounding ownership of natural resources. The outcome could put quietus to this specific dispute, perhaps, but may have implications beyond the parties, particularly for how India structures production-sharing contracts and safeguards public resources against competing commercial claims. A settlement may resolve the dispute, but it should not leave these questions unanswered

Key Rulings:

• A Committee of Creditors cannot withdraw an approved resolution plan citing improving financial condition of the corporate debtors, the Supreme Court has held 

Courts: 

• Supreme Court registers a contempt of court case against Kerala Congress over social media posts against the chief justice of India following a letter for the same by a lawyer; the Kerala wing of the party had tendered unconditional apology over its remarks

• Karnataka state tells its high court it will hold its hands on circular on drug pricing

• Supreme Courts says government’s policy should spell out consequences for misuse of court videos

• Supreme Court refers KG Basin case between Reliance and the government to mediation, Justice (retd.) Ranjana Prakash Desai to mediate the dispute

• A petition in Karnataka High Court seeks disclosure from hospitals on bills about drug procurement price 

• Supreme Court says high courts can order restoration of electricity in cases of power theft disputes

• Supreme Court will vet RBI’s regulations to prevent digital fraud before notification

• Bombay High Court bars Vinayak Shrivastav, ex Ceo of Clippings from alienating assets in relation to a lawsuit of over 2.22 billion rupees

• A PIL in the Supreme Court questions impact of law to protect transgender persons on biological women

• Delhi High Court says account blocked by Instagram ought to be challenged through a civil suit not writ petition

• Delhi High Court seeks response from centre and telecom companies BSNL and Airtel on a plea alleging favouritism in post office digitization program

• In a yet another clarification, the Supreme Court said that it has yet to decide on the validity of logical discrepancies in the SIR exercise

• Supreme Court seeks appearance of journalist Nikhil Wagle and Shiv Sena leader Sanjay Raut in contempt case over their remarks against the Chief Justice of India

• PIL in Bombay High Court seeks urgent relief for drought stricken landless farm workers

• JioStar, Zee challenge 2% cinema ticket cess, Karnataka High Court seeks reply from the centre

• Supreme Court reserves its order on PIL seeking drug price control, questions centre over policy prioritising market forces over patients, raises questions to private hospitals over “dacoity” while running the institutions

• Supreme Court issues notice and agrees to hear plea challenging the data protection law for having chilling effect on journalism on a petition by digital news publishers association, to hear all pending petitions on Nov 17

• Calcutta High Court passed a take down order for Sabeer Bhatia’s documentary film on Adani-Modi links on a defamation plea by Adani

• A trial court in Uttar Pradesh’s Sahranpur acquits Leader of Opposition Rahul Gandhi in a criminal defamation case over his remarks against Home Minister Amit Shah in 2018 during an election rally in Bengaluru

Quasi Courts: 

• SAT imposes costs on MCX and quashes penalty on Ventura Securities

Other:

• Supreme Court asks the Law Commission for proposal on reformative steps to ensure speedy execution of arbitration awards

• The Supreme Court has said that its requests to courts and tribunals should be treated as directions

• Supreme Court remarks NCLT machinery is “completely hijacked” by ministry of corporate affairs

The Big Listings: 

• Nov 4: Bombay High Cout to hear a PIL seeking relief for drought affected landless farm workers

• Nov 12: Supreme Court to hear appeal by MMRDA against RIL in BKC convention centre case

• Nov 17: Supreme Court to hear challenge to data protection law impacting journalism and transparency

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves:

• Jigar Patel made Head – Corporate Legal at IIFL Finance

• Nehal Shah joins ASK group as Group Head – Legal 

• Bahram Vakil, AZB co-founder, to succeed Noel Tata as Chairman of Trent Ltd

• Sameer Chugh made General Counsel of Diageo India

• Akash Srinivasan leaves Khaitan to join Pinac Advocates & Solicitors as partner in Bengaluru office