The Hindu : National : Soli Sorabjee submits resignation

Online edition of India's National Newspaper
Wednesday, May 26, 2004

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National

Soli Sorabjee submits resignation

By Our Legal Correspondent

NEW DELHI, MAY 25. The Attorney-General, Soli Sorabjee, and other law officers have resigned in keeping with the convention to enable the new Government to take a decision in the appointment of new incumbents.

Appointed on April 7, 1998, Mr. Sorabjee, during his six-year stint as the highest law officer of the country, handled some of the important cases with distinction.

In the BALCO case, the Supreme Court laid down the parameters of judicial review regarding economic policy decisions of the Government, particularly with reference to disinvestment; the court upheld the validity of the Indo-Mauritius Double Taxation Treaty and the Prevention of Terrorism Act. The court particularly accepted his submission that certain provisions of POTA should be interpreted so that a mere expression of "support" or "speeches" — which did not have any element of incitement to terrorism — — could not be penalised under the Act.

In the Rupa Ashok Hurra vs Ashok Hurra case, a Constitution Bench gave a historic decision laying down the principles of "curative petition" regarding review of Supreme Court judgments.

In the Presidential reference on natural gas, the court decided in favour of the Union that the subject of natural gas, petrol and petroleum products was within the exclusive competence of Parliament and not the State Legislatures.

In the Mardia Chemicals case, the Supreme Court upheld the validity of the Securitisation Act except one provision regarding the pre-deposit of 75 per cent of the amount demanded. Mr. Sorabjee assisted the court in the TMA Pai Foundation case, in which the rights of the minorities in establishing and administering educational institutions of their choice were re-interpreted. In the International Court of Justice at The Hague, his forceful argument of the lack of jurisdiction helped the court dismiss a complaint from Pakistan of alleged shooting down of its plane by India.

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