The top court on November 18, 2021, had directed the CBI to register a regular case and proceed in accordance with law after noting that there is sufficient material in relation to the 26 per cent disinvestment of HZL by the Union government.
The Supreme Court Monday dismissed as withdrawn a plea by the Centre seeking to recall the top court's certain directions related to registration of CBI probe into the government decision for 26 per cent stake sale in Hindustan Zinc Ltd (HZL) in 2002.
The top court on November 18, 2021, had directed the CBI to register a regular case and proceed in accordance with law after noting that there is sufficient material in relation to the 26 per cent disinvestment of HZL by the Union government.
A bench comprising Justices D Y Chandrachud and Surya Kant took note of the submission of Solicitor General Tushar Mehta that he sought to withdraw the plea to pursue other remedies in law, including a review. The matter was then dismissed as withdrawn.
At the outset, the bench said, "That is a recall application. Here, you are saying that the Court found sufficient material for the registration of a regular case, but I will now establish before you that there was no sufficient material for the registration of a regular case and that in fact, the material is to the contrary? That cannot be the basis of a recall application."
Mehta submitted that foundational facts unfortunately presented by the CBI are factually incorrect and pointed out how the plea for the recall is "necessitated, justified and maintainable".
Sensing disinclination of the bench, Mehta then sought permission to withdraw the plea with liberty to pursue the remedies in law.
"Learned Solicitor General Tushar Mehta seeks permission to withdraw the miscellaneous application with liberty to pursue the remedies in law, including a review. The MA is accordingly dismissed as withdrawn," the bench said in its order.
The Centre in its application sought to recall/ modify the directions issued on November 18, 2021, in which the court had said that there was sufficient material for registration of a regular case in relation to the 26 per cent disinvestment of HZL by the Union Government in 2002 and the CBI is directed to register a regular case and proceed in accordance with the law.