Solicitor General asks Chief Justice to probe alleged bias in power tribunal

Maharashtra chief minister Devendra Fadnavis recently wrote to Prime Minister Narendra Modi alleging that the Appellate Tribunal for Electricity (APTEL) shows bias toward private power developers. In response, solicitor general Tushar Mehta on Friday asked Chief Justice Surya Kant to scrutinize the tribunal's operations, seeking an urgent hearing of an appeal filed by the Maharashtra Electricity Regulatory Commission (MERC) against JSW Energy Ltd. MERC argues that APTEL improperly dismissed its submissions and failed to consider its detailed arguments about lack of jurisdiction and errors apparent on the record.

The appeal stems from a clash between Maharashtra State Electricity Distribution Co and JSW over whether a May 5 2022 central notification on full-capacity operation of imported-coal plants applies to JSW’s intra-state facility. MERC had earlier maintained the notification did not apply, but later sought to revisit its own decision, asking APTEL to remit the matter for reconsideration, a request denied on August 19. The solicitor general’s intervention underscores mounting concerns over the tribunal's impartiality in power sector disputes.