"This does not smack of fairness. Prima facie we feel that it is wrong," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said in response to Additional Solicitor General (ASG) P S Narasimha's argument that the Coal Ministry had the right to take the decision.
"The more we look into it, the more we feel there should be an interim order. We are not impressed," the court said in response to the ASG's arguments opposing any interim order.
The court also did not agree with the ASG's argument that the tender was annulled as the bid had not inspired confidence, saying "You are not alleging anything, but you are killing them."
It also said that in the petitions challenging the two- phased auction in which 50 per cent bidders are eliminated, the government had said there could be no cartelisation but it was arguing here that the system of auction was operated by the bidders.
"This is like comparing apples to oranges," the bench said in response to the argument and added that the Ministry's decision to annul the tender and then allot mines to CIL "does not leave a good taste in the mouth".