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| The government attempt was made when the bench headed by Chief Justice V N Khare took up the petition of the Jessop Officers' Association challenging the disinvestment of that company. |
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| The Calcutta high court had approved of the government move to disinvest it. The officers argue that though they are not against disinvestment, that company cannot be chosen for disinvestment. |
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| When the Jessop case came up for consideration, the judges asked the parties whether the officers' appeal could be allowed in view of the BPCL judgment. |
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| Sorabjee then said that "some parts of the BPCL judgment required serious reconsideration". The judgment has the potential for varied interpretation and it cast cloud on the entire disinvestment process. |
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| However, the judges did not pass any order and merely adjourned the case for two weeks for the Jessop officers to file their reply to the government affidavit defending the disinvestment of that company. |
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| If the issues are reopened in the Jessop case, they have to be heard by at least three judges, as both the BPCL and the Jessop cases have been heard by two-judge benches. |
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| There will be a fresh round of arguments before the new bench with more parties joining in. There is a possibility that it might even go to a Constitution bench, which is what the government wanted at one time. |
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| This indirect route to reopen the HPCL judgment, delivered by a bench headed by Justice Rajendra Babu, could help the government avoid the risk of moving a review petition. |
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| A review petition is heard in chambers by the same judges and most such petitions are dismissed as the judges only look at "errors apparent on the face of the record". They do not go into further arguments or clarifications. |
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| The fate of a "clarificatory" application, which usually conceals a plea for review, is also not bright. |
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| The only credible strategy is to take up another case of disinvestment and pack it with arguments to reopen the old case. The government appears to have chosen this backdoor method, after three weeks of deliberations. |
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Trying to get back on track
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| Attorney General Soli Sorabjee pleads that the BPCL judgment has created uncertainty and apprehension in the minds of the investors The government attempt was made when the bench headed by Chief Justice V N Khare took up the petition of the Jessop Officers' Association challenging the disinvestment of that company The indirect route to reopen the HPCL judgment could help the government avoid the risk of moving a review petition. A review petition is heard in chambers by the same judges and most such petitions are dismissed The strategy is to take up another case of disinvestment and pack it with arguments to reopen the old case |
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