[NGT appeals] Legislature has been "dumb"; every case ultimately ends up here: Supreme Court

The Supreme Court on Tuesday bemoaned the fact that every case before a lower court or tribunal was ending up before the top court. .The Court also highlighted how the legislature has been "dumb" in providing statutory appeals against orders of the National Green Tribunal (NGT) directly to the Supreme Court."We do not want to use the word, but legislature has been dumb in this regard. We don't want to use the word but that is the word. We do not know what happened to Roger Mathew...every case ultimately ends up in this Court," said Justice KM Joseph.Attorney General KK Venugopal, who was appearing on behalf of the Central government, said that it is the prerogative of the legislature to provide for statutory appeals to the top court."After Roger Mathew judgment, a Tribunal Reforms Act was brought in and it was struck down. Now thereafter an ordinance was brought in and it is under challenge. Government is quite clear that so far as court is concerned, it is a policy issue we have maintained," the AG submitted..The Court was hearing a petition filed by the Madhya Pradesh High Court Bar Association challenging Section 3 of the NGT Act regarding establishment of the tribunal.The Court asked advocate Siddharth Gupta, appearing for the petitioner, on whether the Act excludes the jurisdiction of the High Courts under Articles 226 and 227. "In not so many words," Gupta replied."This does not have an explicit exclusion but has an implicit exclusion. This is by way of direct appeal in Supreme Court. A somewhat same scenario appeared in the National Tax Tribunal case, where it gave a direct appeal to the Supreme Court," he added..The top court also questioned the Attorney General on whether having a bench of the NGT in each State would be feasible."Why cannot NGT have a bench in each State? It will be helpful and lighten the burden and address the concerns and more people will be encouraged to take up environmental issues. People will avail of it," remarked Justice KM Joseph. .Advocate Gupta maintained that the jurisdiction of High Court should not be taken away. "For a litigant who cannot afford a flight ticket to Delhi and is from Palakkad in Kerala, for them High Court itself becomes the court of last resort," he said. .AG Venugopal however, said that tribunals are highly specialised including the one for electricity, telecom, copyright etc and that "specialisation makes them equal to the High Courts and they cannot be called inferior to High Courts.".The top court then proceeded to reserve its judgment in the case. .The plea by the petitioners was filed through advocate Mrigank Prabhakar. .Read live account of the hearing below.