On Friday, the Supreme Court lifted the stay imposed by the Madras High Court on the Joint Parliamentary Committee (JPC) press release regarding the Forest (Conservation) Amendment Bill, 2023 [Union of India vs Theeran Thirumurugan and ors]. Justices Dipankar Datta and Pankaj Mithal, presiding over a vacation bench, issued a notice on the appeal filed by the Central government and scheduled further hearings for the first week of July.
The Supreme Court took note of the assurance provided by Solicitor General Tushar Mehta that the Bill would be published in Tamil by Monday, June 5. One of the grievances raised before the High Court was the absence of a public notice in Tamil, as it was only published in English and Hindi. The JPC's release had requested objections to the Bill within 15 days, to be submitted only in English or Hindi.
The Madurai Bench of the High Court, in its order dated May 24, recognized the significant amendments proposed by the Bill to the 1980 Forest (Conservation) Act, emphasizing their broader implications. The High Court stated that while the intention to seek suggestions from the public was commendable, it would be futile if the notification did not reach those who were not familiar with English or Hindi. Consequently, the High Court stayed the press communique and further proceedings, including public hearings, by the JPC until June 16.
During the Supreme Court hearing, the Solicitor General argued that the High Court could not have stayed JPC proceedings under Article 212, which prohibits courts from inquiring into legislative proceedings. However, the Supreme Court acknowledged the importance of the process of inviting and hearing objections.
Justice Datta raised concerns about the petitioner's ability to file objections after reading the Bill in Tamil, considering that the public hearings may conclude before then. The bench stated that filing objections would be meaningless if they were not heard. Justice Datta questioned the Solicitor General about the selectivity in conducting public hearings, noting that they had already commenced in Jammu and Kashmir but were not scheduled for Tamil Nadu. The Solicitor General responded that the JPC had taken all factors into consideration when deciding the locations for hearings.
Subsequently, the Supreme Court stayed the High Court's order.
TAGS: Supreme Court Madras High Court Joint Parliamentary Committee (JPC) Forest (Conservation) Amendment Bill 2023 stay press release suggestions and objections public stakeholders Tamil English Hindi Solicitor General appeal further hearing vacation bench notice first week of July grievances High Court order publication translations vernacular languages Article 212 proceedings legislature public hearings Jammu and Kashmir Tamil Nadu objections selectivity.
