SC asks Karnataka HC to decide CCI plea for vacating the stay on probe against Amazon, Flipkart
New Delhi: The Supreme Court Monday asked the Karnataka High Court to decide the CCI plea for vacating the stay on the investigation against e-commerce giants Amazon and Flipkart for alleged anti-competitive practices.
A bench comprising Justices A M Khanwikar, Dinesh Maheswari, and Sanjiv Khanna asked the Competition Commission of India (CCI) to approach the High Court for relief.
In deference to the observation made by the Court, learned Solicitor General (appearing for CCI) has agreed to move the High Court, in the first instance, for appropriate directions, including for modification and vacating the interim relief granted to the respondents (e-commerce firms), the bench said.
Solicitor General Tushar Mehta said the probe ordered against the firms was administrative in nature and would not affect the rights of any party.
He sought to keep the petition pending saying there are several wider issues involved in the case.
Senior advocate A M Singhvi, appearing for the companies, said the CCI approached the top court after the delay of over 200 days.
The bench said that the High Court would hear the matter and decide it within six weeks.
If such an application is filed before the High Court, we have no manner of doubt that the High Court will take up the same for hearing expeditiously and dispose of preferably within six weeks from the date of institution of the said application, the bench said in its order.
The top court while disposing of the CCI's appeal, granted it liberty to revive it, if and when necessary.
On February 14, the High Court had granted an interim stay on the investigation ordered by the CCI against Amazon and Flipkart.
Amazon had moved the high court seeking a stay on the investigation ordered by the CCI.
Flipkart also filed a petition in the High Court seeking to quash the order passed by the CCI directing a probe into allegations of anti-competitive conduct.
In its plea, Amazon had sought quashing and setting aside the CCI's January 13, 2020 probe order, and had also prayed the court to provide relief based on "facts and circumstances of the case in the interest of justice".
In its petition before the High Court, Amazon had contended that the CCI order had been passed "without application of mind" and would cause irreparable loss/ injury to the goodwill/reputation of the company if an investigation is allowed.
The fair trade regulator CCI had in January this year ordered the probe against Flipkart and Amazon for alleged malpractices, including deep discounting and tie-ups with preferred sellers on their platforms.
The order by CCI followed complaints filed by traders' bodies including by Delhi Vyapar Mahasangh, whose members comprise many traders dealing in smartphones and related accessories.
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Congress chief Kharge writes to PM Modi, seeks time to explain party's 'Nyay Patra'
New Delhi, Apr 25: Congress chief Mallikarjun Kharge on Thursday wrote to Prime Minister Narendra Modi and sought time from him to explain in person the party's 'Nyay Patra'.
In his two-page letter, he told the prime minister that he is being misinformed by his advisors about things that are not even written in the 'Nyay Patra' -- the Congress' manifesto for the Lok Sabha elections.
The letter comes after the prime minister attacked the Congress over its manifesto, alleging that the party aims to "redistribute the wealth" of people and give it away to "infiltrators".
Modi also accused the Congress of snatching women's "mangalsutra".
In his letter, Kharge said the Congress' 'Nyay Patra' aims at providing "nyay (justice)" to the youngsters, women, farmers, labourers and marginalised people across all castes and communities.
"It has become your habit to seize on a few words taken out of context and create a communal divide. You are lowering the dignity of the chair by speaking in this manner," he said.
"You are being misinformed by your advisors about things that are not even written in our manifesto. I would be more than happy to meet you in person to explain our 'Nyay Patra' so that, as prime minister of the country, you don't make any statements that are false," he added.
The Congress chief also said he is neither shocked nor surprised by the language used by the prime minister in his recent speeches.
"It was expected that you and other leaders from your party would start speaking in this manner after you saw the dismal performance of the BJP in the first phase of the elections," Kharge said in the letter.
The Congress has been talking about the deprived poor and their rights ("nyay"), he said and added, "We are aware that you and your government do not have any concern for the poor and dispossessed."
"Your 'suit-boot ki sarkar' works for the corporates whose taxes you reduced while the salaried class pays higher taxes. The poor pay GST even on food and salt and the rich corporate claim GST refunds. That is why, when we talk of inequality between the rich and the poor, you are purposely equating it with Hindu and Muslim," Kharge claimed.
"Our manifesto is for the people of India -- whether they are Hindu, Muslim, Christian, Sikh, Jain or Buddhist. I think you have still not forgotten your pre-Independence allies the Muslim League and colonial masters," he charged.
Kharge claimed the Congress has always served to empower the poor while "you have ruled to snatch the earnings and wealth of the poor".
He said in the letter, "Your government was the one who used demonetisation as an 'organised loot and legalised plunder' to transfer the money deposited by the poor in the banks to the rich in the form of loans. Then, as part a of conscious design, these loans were surreptitiously written off by your government. The lakhs of crores of corporate loans that your government has written off since 2014 is a transfer of wealth from poor to rich. No farmer's loans, artisan's loans, MSME loans or student loans were waived off by you."
"You and your government have repeatedly turned away from the atrocities that the poor and backward women are facing … Today, you talk about their 'mangalsutra'. Isn't your government responsible for the atrocities against women in Manipur, against Dalit girls, garlanding of rapists? When farmers are committing suicide under your government, how are you protecting their wives and children?," Kharge asked.
The Congress chief suggested that Modi read about "Nari Nyay" that, he said, the party will implement when its comes to power.
Kharge also advised the prime minister to not "get carried away by your own people who are clapping at your speeches".
"They are not allowing you to hear the crores of right-thinking citizens who are disappointed by your speeches," the Congress chief said.
Sharing Kharge's letter on X, Congress General Secretary Jairam Ramesh said, "Congress President Mallikarjun Kharge ji has just written to the prime minister, saying that he would be happy to meet him to explain the reality of the Congress' 'Nyay Patra', which Mr Modi may have missed in his persistent efforts to distort and defame it."
कांग्रेस अध्यक्ष मल्लिकार्जुन @kharge जी ने अभी प्रधानमंत्री को पत्र लिखकर उनसे मिलने का समय मांगा है। प्रधानमंत्री #CongressNyayPatra पत्र की जिन चीज़ों को लेकर भ्रम फैला रहे हैं और लोगों को गुमराह करने की नाकाम कोशिश कर रहे हैं, उन्हें खरगे जी प्रधानमंत्री को मिलकर सही अर्थों… pic.twitter.com/7D4Mk085je
— Jairam Ramesh (@Jairam_Ramesh) April 25, 2024
