12 Tweets 89 reads Mar 02, 2023
The Supreme Court’s order in the Adani-Hindenburg matter is a breather, a relief for the Modi government.
8 reasons why.
1. It will make sure opposition/Congress can no longer use the issue as a political weapon in the court of public opinion. Thereby, bringing “finality” to the issue.
This is in keeping with a long trend of Supreme Court orders that disallowed opposition politicians…
…to hold govt accountable by forcing their hands. Here, Court does all the job, govt stays silent both in public and parliament, and people believe the “court is looking into it”.
2. The committee’s report will most likely be in a sealed cover. If one is to go by examples from the past, it is highly likely that the committee’s report will also be kept in a sealed cover, buried away for eternity. Govt cheers. Good PR for SC.
3. Nothing good will come out of it. Not sure if any committee constituted by the Supreme Court in the past has had any tangible outcomes. See committees for BCCI reforms, Jail reforms, Freebies, Covid, Pegasus. What was the outcome? Pegasus- the biggest issue in 2022 has died.
Of course, there is d argument that at least d committee’s report will give credibility to similar suggestions that maybe made in d future while reviewing such laws. But unless some extraordinary idea comes out of it, MPs & parl committees can generate enough ideas on their own.
4. If one is to look at the committee members- Nandan Nilekani is a man very close to the ruling regime. Much of his business depends on this govt. How independent would he be in his views?
Somasekhar Sundaresan- might become a judge. Will delay committee’s work due to vacancy.
5. If one is to look at the committee’s mandate, prima-facie, it looks like a democratically appointed minister’s work.
“To suggest measures to strengthen frameworks”
Why should a constitutional court get into this? Is it not a Minister’s job & opp’s to raise in parliament?
6. Asking SEBI to do the probe, under whose watch the entire alleged fraud happened, ensures liberty to it to bring to light information it wants to bring to light and bury away what it doesn’t. A win for the government. Committee can keep sitting if SEBI shows no documents.
7. Let’s also ask which SEBI officials will be held accountable by SEBI for any lapses in due process? Which Minister will be named in the probe report? Without revealing clear case of nexus, favouritism of ruling regime towards Adani, not sure what d probe will try to achieve.
8. As pointed out by @sharmanagendar, government’s troubleshooter lawyer SG Tushar Mehta, who has appeared in all high stakes matters, comfortably sitting at home and not bothering to appear in court is a telling sign of how convenient the court order is to the ruling regime.
In ordering a probe and appointing an expert committee, the Supreme Court has taken over executive functions and also insulated ruling regime from facing any heat on the issue.
Much will be buried and left unanswered in this quest to bring “finality” to the issue.

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