Judge Withdraws In Cogentrix Case

The Cogentrix case took a surprise turn yesterday when Justice S P Kurdukar, one of the three judges hearing the case, withdrew citing personal reasons. Kurdukar's withdrawal will further delay the hearing.

F S Nariman, counsel for Cogentrix, urged an urgent decision and declared that he would move the Chief Justice for expediting the hearing and reconstitution of the bench. The bench hearing the case consisted of Justice S C Agrawal and Justice S Rajendra Babu, apart from Justice Kurdukar.

Nariman said that the Supreme Court stay on the Karnataka High Court order appointing the Central Bureau of Investigation (CBI) to investigate bribe allegations in the Cogentrix deal was not of much practical use.

Since the case was pending in the courts, the counter guarantee for the project cannot be enforced.

A Karnataka minister himself has said that nothing could be done about the thermal project till the case was decided. Counsel said that the foreign companies might pull out of the project.

Nariman pointed out that it all started as a public interest litigation and this was one instance where such litigation has done harm.