A hearing in the Supreme Court, recently, in the dispute involving Rajasthan electricity distribution companies (discoms) and a JSW Group subsidiary took an unusual turn after Senior Advocate Shyam Divan raised concerns over the matter being de-listed from the roster bench without any reasons being provided.

Background:

The case concerns lignite mining in Rajasthan, operated by JSW Group’s South West Mining Limited (SWML). Formed in 2006, a consortium including JSW Energy Limited, SWML, and Raj West Power Limited (RWPL) managed the project through the Barmer Lignite Mining Company Limited (BLMCL), a joint venture with state-owned Rajasthan Mines and Minerals Limited (RSMML). RWPL, the lignite-based power plant, sources lignite from BLMCL for electricity supplied to state discoms.

In 2016, Rajasthan power utilities petitioned the Rajasthan Electricity Regulatory Commission (RERC) for information on lignite-related payments and SWML’s mining expenses. RERC in 2023 ordered SWML to disclose monthly mining expenses since inception due to consumer impact concerns. SWML refused, citing confidentiality, and challenged RERC’s orders in the Rajasthan High Court. After a single judge’s dismissal, relief was granted to SWML by a Division Bench in February 2025.

The power companies appealed to the Supreme Court in 2024 itself, challenging High Court observations in a Public Interest Litigation on bidding and tariff controls. They also challenged the Division Bench’s February 2025 decision, saying the Bench did not have the proper roster authority and that confidentiality cannot be used to avoid following legal duties. In April 2025, the Supreme Court, led by the  then CJI Sanjiv Khanna, allowed RERC proceedings but stayed final orders until further hearing. The matter was again  listed for hearing before the bench of Justice Sanjay Kumar and Justice Aravind Kumar on August 25.   

The bench  ordered SWML to bring the original records and the data it had submitted to the RERC, along with the concerned witness, noting that SWML had not followed an earlier promise. Thereafter, on 10th September, the matter was mentioned  before the bench of Justice Sanjay Kumar  and Justice Alok Aradhe.  However, the  order dated October 28 mentions, “Subject to the orders of the Hon’ble The Chief Justice, list expeditiously before a Bench in which one of us, Hon’ble Alok Aradhe, J., is not a member.”

The case was then  scheduled for hearing  before Justice PS Narasimha and  Justice Atul S Chandurkar on November 4 but was not heard that day. Subsequently, the matter was transferred to the bench led by Justice Mithal according to the Supreme Court website.

Following the objection, the Bench of Justice Pankaj Mithal and Justice Prasanna B Varale directed that the case be listed before the appropriate roster bench in December.

The issue arose when the hearing was being adjourned at the request of the parties. Divan, appearing for the three Rajasthan government power companies, noted that the matter was not meant to be listed before the current Bench. 

"I should mention one factor which is this matter came up before a bench of Justice Sanjay Kumar who was the roster bench, then Justice [Alok] Aradhe recused himself. So it was listed before another roster bench for electricity matters presided over by Justice [PS] Narasimha. It came up but it didn't reach; then Justice Narasimha rolled all the matters for a week, but suddenly we find that it has moved from there to here," Divan said.

To this, Justice Mithal responded that the Court was not interested in handling the matter. 

Divan replied, "No, no. It is a cause of deep concern for me because once it comes up before a roster bench, how does it suddenly migrate?"

 Justice Mithal commented, "You know better about the working of the Registry!"

 Divan responded, "I wish I did!"

The Court observed that the case could have been listed before the present bench on the Chief Justice of India's nomination. Divan maintained he had no knowledge of such a nomination.

Divan highlighted that "It was [last] listed before Justice Narasimha and it was to come up but it did not reach and it was rolled over," and further added the Justice Narasimha-led Bench had not recused itself from hearing the matter.

Ultimately, the Bench decided to adjourn the case, ordering that it be placed before the proper roster bench. 

Justice Mithal stated, "See, we are not interested in any particular matter," and Justice Varale remarked, "Mr Divan, in electricity matters, some little shocks are expected."

The case is  now set for hearing on December 9 before the appropriate roster bench.

Case Title: JODHPUR VIDYUT VITRAN NIGAM LTD. & ORS. PETITIONER(S) VERSUS SOUTH WEST MINING LIMITED & ORS. RESPONDENT(S) (SPECIAL LEAVE TO APPEAL (C) NO(S). 26590/2024)