SC refuses expunction of remarks against NBA

Last Updated: Sunday, October 2, 2011 - 13:34

New Delhi: The Supreme Court has refused to expunge its adverse remarks made in a judgement against Medha Patkar-led Narmada Bachao Andolan (NBA) for misleading it on the issue of land acquisition for Omkareshwar Dam project in
Madhya Pradesh.

The NBA had moved applications for expunging certain
adverse remarks made by the apex court in the May 11 judgement
lashing out at the NGO for making false statements in the
affidavit for securing favourable order.

The apex court had also asked other courts across the
country to be cautious in examining NBA`s petitions.

However, the apex court, which examined the NBA`s
applications for expunging the remarks, disposed them of by
modifying its observations.

A bench comprising justices JM Panchal, Deepak Verma and
BS Chauhan said, "We reach the inescapable conclusion that
the NBA has not acted with a sense of responsibility and not
taken appropriate pleadings as required in law."

"However, in a PIL, the court has to strike a balance
between the interests of the parties. The court has to take
into consideration the pitiable condition of oustees, their
poverty, inarticulateness, illiteracy, extent of backwardness,
unawareness also.

"It is desirable that in future the court must view
presentation of any matter by the NBA with caution and care
insisting on proper pleadings, disclosure of full facts truly
and fairly and should insist for an affidavit of some
responsible person in support of facts contained therein," the
bench said in its 14-page order.

The bench modified its remarks in which it had said in
case it (court) has any doubt, it could "refuse to entertain
the NBA".

The bench considered the "remorse" expressed by the
counsel on behalf of the NBA that "it ought to have acted with
more responsibility".


First Published: Sunday, October 2, 2011 - 13:34

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