India News | SC to Hear on Mar 9 PILs Alleging Duty Evasion by Exporting Iron Ore in Pellet

New Delhi, Feb 18 (PTI) The Supreme Court Friday decided to hear on March 9 two PILs which alleged duty evasion on export of iron ore in pellet form by some firms to countries like China.

A bench headed by Chief Justice N V Ramana, before adjourning the case, faced a peculiar situation when lawyer M L Sharma, who has filed the PIL in his personal capacity prior to filing of the second PIL by NGO ‘Common Cause', objected to advancing of submissions by advocate Prashant Bhushan on behalf of the NGO ahead of him.

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“This is my matter. He (Bhushan on behalf of the NGO) filed after me to destroy my case,” Sharma told the bench which also comprised Justices A S Bopanna and Hima Kohli.

“Why you file a caveat in the PIL filed by Prashant Bhushan... There must be some limit for such imagination. Don't accuse Mr Prashant Bhushan of those things. Why should he spoil your case, tell me..,” the CJI asked.

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Sharma said he put efforts for years in trying to get crucial documents before the filing and asked as to why the NGO filed the case after he did so.

“Why have you not filed this for the last ten years, if that is the case. Why do you want to blame him (Bhushan)... Mr Bhushan, the problem is he filed first, we will have to hear him,” the bench said before adjourning the case to March 9 as Solicitor General Tushar Mehta, appearing for the Centre , was in some kind of difficulty.

The top court, on January 15, 2021, had issued notice to the Centre and others on Sharma's plea seeking a direction to the CBI to register an FIR and probe the alleged duty evasion by some firms in exporting iron ore in pellet form to China since 2015.

Later, on September 24 last year, it sought responses from the Centre and others while issuing notice on a similar PIL filed by the NGO, 'Common Cause'.

The NGO also sought a direction to either ban the export or levy a 30 per cent duty on exports of iron ore in all forms including pellets.

The Centre, in its response affidavit, sought dismissal of the PILs contending that imposing or removing the export duty on any class of commodities is a policy decision of the government.

“Iron ore pellets have been subject to export duty from time to time, Imposing export duty or removing it on any class of commodities is a policy decision. The periods in which export duty was applicable to the export of iron ore pellets bearing... The imposition of export duty on any commodity or class of commodities is a public decision and such decisions have been taken by the government of India from time to time,” the Centre said.

The Commerce ministry said the decision to exempt a particular type of iron pellet is product specific and not company specific as projected in the petition.

“The present petition is a case of gross abuse of process of law and the petitioner has been known in the past to have filed similar kinds of petitions which are publicity driven and completely motivated in nature... the answering respondent (Centre) beseeches this court to handle these kinds of publicity savvy petitions with an iron hand. The allegations of evasion of monumental magnitude are completely unfounded in the present petition,” the affidavit said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)