Supreme Court Refuses To Entertain Jairam Ramesh's Writ Petition Against Post Facto Environmental Clearances

The Supreme Court on Thursday refused to entertain a writ petition filed by Congress leader and Rajya Sabha MP Jairam Ramesh against the grant of ex-post facto Environmental Clearances(EC).

The bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked when the Supreme Court, in the Vanashakti review judgment, has approved the Union's Office Memorandums on ex-post facto ECs, how can a writ petition be filed.

"For what purpose this has been filed? You are very well aware that now a 3-judge bench has taken a view," Chief Justice of India Surya Kant told the petitioner's counsel at the outset. In November last year, a 3-judge bench of the Court had recalled the earlier judgment delivered in May 2025 which restrained the Union from granting post-facto ECs. The counsel replied that the petition was challenging the 2017 and 2021 OMs. 

The bench asked how a writ petition under Article 32 is maintainable against a judgment of the Court. The counsel replied that the petitioner is also challenging the OM issued in January 2026 as well. When the bench asked why the January 2026 OM was issued, the counsel replied that it was to give effect to the review judgment in Vanashakti.

"How the writ is maintainable? The Government has issued a notification in compliance with the Supreme Court Judgment. By challenging it, you are indirectly seeking a review of the judgment. How is it possible?" CJI Surya Kant asked.

The petitioner's counsel submitted that he was invoking the extraordinary jurisdiction of the Court to stop the practice of ex-post facto ECs. But the bench again posed how can a judgment be challenged in a writ petition. "Have you filed this for media publicity? Be ready for exemplary costs," CJI warned.

The counsel then chose to withdraw the writ petition, with liberty to seek review of the November judgment. Granting liberty to avail remedies in accordance with law, the petition was dismissed as withdrawn,

Case Details : JAIRAM RAMESH vs. UNION OF INDIA| W.P.(C) No. 000190 / 2026

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