SC
takes ancient Hindu laws help to
resolve conflict
NEW DELHI, Feb 16: The ancient
Indian Mimansa principles of
interpretation used by our ancestors
during the vedic period has come to the
aid of the Supreme Court for resolving a
conflict between an electricity
generating company and a licensee.
Adopting
the principles, the Supreme Court has
ruled that only State Electricity
Regulatory Commissions or the Central
Commission has the powers to arbitrate or
adjudicate disputes between generating
companies and licensees.
A bench
headed by Justice H K Sema and Justice
Markandey Katju set aside a Gujarat High
Courts judgement that appointed
retired Chief Justice of India Justice A
H Ahmadi as the sole arbitrator to
resolve the dispute between Gujarat Urja
Vikas Nigam (GUVN) and Essar Power.
"It
is well settled that the special law
overrides the general law... It is the
discretion of the state commission to
either decide the dispute itself or refer
it to arbitrator appointed by it,"
the bench said.
According
to the court, Section 86(1)(f) of the
Electricity Act, 2003, was a special
provision for adjudication of the
disputes between licensees and the
generating companies and it would
override general laws, including Section
11 of the Arbitration and Conciliation
Act, 1996.
But
interestingly in resolving the dispute,
the court took the aid of the Mimansa
principles which were created for
resolving mainly practical difficulties
in performing yagyas (rituals) and
conflict in case of "smritis"
(general principles of human behaviour)
and shrutis (eternal values).
In this
case, the apex court took the help of the
Mimansa concept under which it was held
that in case of a conflict of words,
"if a word or sentence purporting to
express a subordinate idea clashes with
the principal idea, the former must be
adjusted to the latter or must be
disregarded altogether."
The
principle also expressed the popular
maxim known as "matsya nyaya"
which means the big fish eats the small
fish.
In other
words, if there is a conflict between two
legislations-one special and the other
general, it would be the special
legislation that would have overriding
powers over the general law.
The
Electricity Act, under section 174
provides that the provision of this Act
would prevail over anything inconsistent
with any other law.
Justice
Katju in its the verdict said "the
consistency may be express or
implied."
Gujrat
Urja Vikas Nigam had approached the
Supreme Court saying that the High Court
cannot refer disputes between licensees
and generating companies to an arbitrator
as such powers of adjudication or
reference had been specifically given to
the state commission.
It said
the 2003 Act would prevail over all other
laws or instruments except for the
Consumer Protection Act, the Atomic
Energy Act or the Railways Act. (PTI)
Dalai
Lama offers prayer for peace and security
of Tibetans
DHARAMSALA, Mar 16: Tibets
spiritual leader the Dalai Lama today
offered prayers for peace and security of
his fellow countrymen after the violent
anti-China protests in his homeland that
claimed at least 10 lives.
The Dalai
Lama offered prayers in Tibetans main
temple at Macleodganj "Tsunglan
Khanagh" for peace and security of
his fellow Tibetans subjected to
"brute force" by the Chinese.
He is
scheduled to address media in the
afternoon, his aides said.
While the
Dalai Lama offered prayers, hundreds of
Tibetans sat on dharna outside the temple
in support of pro-independence street
protesters in Lhasa.
Meanwhile,
hundreds of Tibetans today held a protest
march from Macleodganj to Dharamsala
raising anti-China slogans.
Kangra
Superintendent of Police Atul Fulzele
said tight security arrangements has been
made to avoid any untoward incident.
He said
the foreigners participating in protest
march of Tibetans here are video-graphed
and their details were being sent to
respective Embassies in Delhi.
Meanwhile,
the Tibetans protesters who started a
fresh march from Dhera yesterday as part
of their homeland journey managed to
cross Kangra border.
By the
time the information about their movement
reached the police headquarters these
marchers had crossed the boundry of the
district, police sources said, adding
neighbouring Una district has been
informed about them.
When
contacted, Superintendent of Police of
Una Gyaneshwar Singh told PTI that tight
security arrangements has been made in
the district to check any untoward
incident. (PTI)
Kalam
stresses need for developing alternate
fuels
MATHURA, Mar 16: Expressing concern
over the limited reserve of conventional
forms of fuel in the country, former
President A P J Abdul Kalam has stressed
the need to develop alternate fuel for
the future.
In an
interaction with the students of
Hindustan College of Engineering and
Technology here last night, Kalam said,
"efforts should be made to tap solar
energy, nuclear power and bio-fuel."
Kalam
stressed on the need to expand research
and development in the country.
"To
be self-reliant India needs to develop
more research labs in the country,"
he said, adding then only "a vision
of a prosperous India by 2020" can
be achieved.
The
missile man also asked
students to dream big in life.
"Anybody
can become great if dreams are great. The
success is bound to come if dreams are
great", he said.
Noting
that knowledge makes a person great, he
said creativity, righteousness and
courage are its three vital components.
"While
creativity paves the way for learning,
righteousness in heart paves the way for
beauty. While beauty leads to harmony,
harmony leads to peace," he added.
"Courage
leads to think differently, invent and
explore path to counter problems. It also
leads to achieve goal. Hard work,
Perseverance and knowledge paves the way
for achieving the aim of life," the
former President said.
Appealing
to the teachers to be committed to their
duties, Kalam cited C V Raman, who
refused to go to President house to
collect an honour as he was helping his
students on their thesis. (PTI)
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