Case Note & Summary
The petitioner, Center of Indian Trade Unions, challenged the execution of Power Project Agreements (PPA) by the Maharashtra State Electricity Board (MSEB) in favor of Dabhol Power Corporation (DPC) before the Bombay High Court. The High Court dismissed the writ petition, finding the action questionable but lacking evidence of corruption. The petitioner then filed a Special Leave Petition in the Supreme Court, which issued notice limited to the accountability of the State of Maharashtra for its inconsistent stand. While the petition was pending, the State appointed the Godbole Committee, which reported serious illegalities and failure of governance. Subsequently, a judicial commission headed by Justice S.P. Kurdukar was appointed but its proceedings were stayed by a suit filed by the Union of India, which was dismissed in 2014. The commission did not resume, and in 2018, the Supreme Court directed the State to decide on continuing the inquiry. The State filed an affidavit stating that due to the long efflux of time, continuing the inquiry was no longer useful. The Supreme Court, considering the more than 25-year delay, the non-availability of the foreign corporation and senior officials, and the opinion of three members of the Godbole Committee that an inquiry would serve no purpose, closed the petition. The Court held that no useful purpose would be served by continuing the judicial commission of inquiry.
Headnote
A) Constitutional Law - Accountability of State - Inconsistent Stand - The State of Maharashtra took inconsistent stands regarding the Dabhol Power Project, leading to the Supreme Court issuing notice on the issue of accountability. (Paras 3-4) B) Commission of Inquiry - Judicial Commission - Utility After Delay - The Supreme Court held that continuing the judicial commission of inquiry after more than 25 years would serve no useful purpose due to the non-availability of foreign corporations, retired officials, and the long efflux of time. (Paras 15-16) C) Public Interest - Failure of Governance - Godbole Committee Report - The Godbole Committee found serious illegalities and failure of governance at both administrative and political levels, but the Court declined to order further inquiry due to delay. (Paras 6, 12-13)
Issue of Consideration
Whether the judicial commission of inquiry into the Dabhol Power Project should continue despite the long lapse of time and non-availability of key parties.
Final Decision
The Supreme Court closed the petition, holding that no useful purpose would be served in continuing the judicial commission of inquiry due to the long delay (over 25 years), non-availability of foreign corporations and senior officials, and the opinion of three members of the Godbole Committee that such an inquiry would serve no purpose.
Law Points
- Commission of Inquiry Act
- 1952
- Judicial Commission of Inquiry
- Failure of Governance
- Accountability of State
- Laches
