The special application (precipee) was filed on September 29 and was taken on record by the bench yesterday. The take-off point for the application is learnt to be the paradox between the charges made by the state government in its civil application suit (which now stands withdrawn unconditionally) against DPC and the Maharashtra State Electricity Board (MSEB) and the clean chit given to DPC in the ongoing Citu suit before the Rane-Saraf bench.
Joshi was personally asked by the bench to file his explanation to the allegations of corruption and bribery made against the Dabhol Power Company. In his affidavit, Joshi said that all the allegations were made by newspapers and they were found to be baseless.
The bench itself has given indications that it needed to examine the flip-flop attitude of the Sena-BJP rulers towards the DPC.
power project.
Citu would like its special application to point that the judiciary has been taken for granted by the Sena-BJP, on the fact that it used the courts as a bargaining mechanism for renegotiation and later, displays its new found camarederie with the company, against whom major allegations were made.
The Chief Minister in his explanation to the bench had chronicled the Enron saga, as the Sena-BJP saw it: from the time when it gathered controversy after controversy, the alliance coming to power with the mandate to review the project, the projects scrapping and later the renegotiation for the benefit of the people of Maharashtra.
Regarding the government suit against the company, Joshis affidavit had said: It was filed as a strategy in our confrontation with DPC, aimed not only as counter to the arbitration proceedings but also as a bargaining counter for any (possible) renegotiation.
