Thread by @OfficialSauravD

#StoryAlert 🚨

Why the Supreme Court's decision to probe Adani-Hindenburg matter and constitute an 'expert committee' is good news for the Modi govt.

My report on 6 previous Supreme Court-appointed committees. The result speaks for itself.

A thread.🧵

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Chief Justice Chandrachud's bench constituted an 'expert committee' for “the assessment of the extant regulatory framework (for the securities market) and for making recommendations to strengthen it”.

But what has been the fate of such SC-appt committees in the past? 2/

The 6 Supreme Court-appointed committees I looked into r-

-Committee on Prison Reforms
-Central Empowered Committee on Deforestation
-Pegasus Technical Committ
-Committee To Probe Alleged Conspiracy Agnst Chief Justice Ranjan Gogoi
-Committee on Farm Laws
-SIT on Black Money

So what happened to these committees?

#Pegasus malware—Secret
Black money—Secret
Prison reforms—Going on since 2018
Farm laws—Never used
Deforestation—Created public unrest
Ranjan Gogoi—Secret

Three common attributes were found with these committees- secrecy, delay, and ineffectiveness. 5/

1. 2018 Prison reforms committee

Was to oversee implementation of previous SC orders on overcrowding, unnatural deaths in prisons etc.
"There were some good orders (from court) before the committee was formed. Not much has changed:” @mdhanuka17

Report pending, 4.5 yrs later.

2. Central Empowered Committee 2002

Was to ensure forest lands were not used for non-forest purposes. Functioned like a mini-court for a decade. One recommendation to remove ‘encroachments’ led to public unrest.

India continues to lose forest land to non-forestry projects. 7/

.@alterlaw tells me that the CEC's "purpose has not been served."

"The Supreme Court, taking up an issue as big as managing entire forests and appointing a committee with untrammelled powers created tremendous difficulties for Adivasis and forest dwellers.", she added.

3. Pegasus Technical Committee

Was constituted by the SC in 2021 to probe allegations of illegal hacking and snooping of journalists, activists. It was also to make recommendations to overhaul the surveillance framework in India.

The judges did not release its findings. 9/

“Nothing could be said about the impact or the outcome of the report since we do not know anything about it.”, @JagdeepChhokar tells me.

4. Comm to Prove Ranjan Gogoi Matter

After sexual harassment allegations against then Chief Justice Ranjan Gogoi in April 2019, SC constituted a one-man investigation committee of Justice A K Patnaik.

After nearly 2 years, on 18 Feb 2021, Patnaik report was submitted & sealed.

5. Committee on Farm Laws

After farmer protests because of 3 controversial farm laws passed by Modi govt in 2020, SC formed a 4-member committee in Jan 2021 to consider farmers/govt's views & suggest what to do.

The report was never used and issue never taken up for hearing.

6. Our favourite- SIT on Black Money

In 2011, SC created an SIT to monitor investigations into “black” money. The court ordered the committee to submit “periodic reports”.

There has been no hearing since 2015.

Indian money in Swiss banks rose to a 14-year high in 2021.

So, what’s ahead for the Adani-Hindenburg case?

As I showed, most Supreme Court committee reports were not made public.
Critics fear that the Adani-Hindenburg may go the Pegasus route. 14/

"The court could have just stuck to a court-monitored investigation," said @anujbhuwania.

"Instead, it decides to get into policy & governance matters, especially when constitutional matters remain pending. This committee business is not a particularly imp exercise". 15/

.@JagdeepChhokar said that courts ought to adjudicate on legal and constitutional issues and not try to solve problems.

“Problem-solving is the domain of the executive and legislature and requires a different kind of expertise”, he tells me. 16/

“If they adjudicate and interpret legal, constitutional cases, there will be no problems. But courts try to solve issues, which leads to such committee formation, which ultimately leads to nothing and creates confusion.”, @JagdeepChhokar tells me. 17/

@anujbhuwania said no good had come from most SC committees.

“I fear this might go d Pegasus route. Instead of lookin at d court with undue hope in such matters, just think how much worse they can make it politically. If they dont make it worse, that is d best possible outcome.”

So, is it the end of Adani-Hindenburg saga?

More on this for @Article14live.

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