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We'll amend Competition law, Centre tells court

By J. Venkatesan

New Delhi Dec. 16. The Attorney-General, Soli Sorabjee, today informed the Supreme Court that the Centre would bring in certain amendments in the Competition law to make it acceptable to the court.

Making the submission before a Bench, comprising the Chief Justice V.N. Khare and Justice S.B. Sinha, Mr. Sorabjee said: "I am not interested in deleting a particular clause of the law. Two Ministers are involved in the matter. We will make certain changes in the law to make it acceptable to the court."

In the light of the submission, the Bench adjourned to January 30 next hearing of a petition filed by an advocate, Brahma Dutt, challenging the Commission headed by a bureaucrat, Deepak Chatterjee. Subsequent to the filing of the petition, the Government had revoked his appointment as Chairman of the Commission.

During the last hearing, the Bench took exception to the reply filed by the Centre stating that international experience of the functioning of such bodies abroad had shown that heading of such commissions by persons with relevant experience had been found to be efficacious. The affidavit had said that "a number of countries have followed this without in any manner affecting judicial independence or judicial autonomy."

Thereafter, Mr. Sorabjee had assured the court that the Government would delete Section 39 of the Act. But today he made a further concession that some more changes would be brought into the law to make it acceptable to the court. In its affidavit, the Centre had submitted that the Competition law provided for appointment of one judicial member to ensure that the Commission was able to adequately discharge some quasi-judicial functions. Similar provisions were also provided in respect of appellate tribunals such as the Income-Tax Appellate Tribunal and the Customs, Excise and Service Tax Appellate Tribunal.

The selection of the chairperson and other members was made by a selection committee comprising the Union Law Minister, Arun Jaitley, and two others. It was not correct to say that the Commission was a substitute to the Monopolies and Restrictive Trade Practices Act, which was no longer relevant.

The Commission "does not exercise only judicial or quasi-judicial functions but also the functions of market regulator and is responsible for competition advocacy." Asserting that Mr. Chatterjee was duly qualified to be appointed as chairperson, the affidavit said that there was no contravention of law laid down by the apex court in his appointment.

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