'APTEL Has Gone Haywire' : Supreme Court Slams Tribunal For Overruling SC Precedent In Review

**Supreme Court Criticises APTEL Review Order**

The Supreme Court has sharply criticised the Appellate Tribunal for Electricity (APTEL), with remarks suggesting the tribunal has "gone haywire." The observation came in the context of APTEL's decision to review an order that the Supreme Court had earlier upheld. According to the Court, this amounted to a breach of judicial discipline, since a tribunal cannot sit in judgment over a matter already settled by the apex court.

**What Happened**

The dispute centres on APTEL's exercise of its review jurisdiction. The tribunal revisited an order that had already received the Supreme Court's approval. The apex court took exception to this, noting that once it has upheld a decision, lower tribunals and forums are bound by that outcome. By reopening the matter, APTEL effectively overruled a precedent set by the Supreme Court, which the Court said undermined the hierarchy of the judicial system. The Court's remarks indicate concern not just about the specific order, but about a broader pattern of tribunals exceeding their remit.

**Why It Matters For Businesses**

For companies operating in the power, energy and infrastructure sectors, APTEL is a key appellate forum for regulatory and tariff disputes. The Supreme Court's intervention reinforces that tribunal decisions cannot override binding precedent from the apex court. Businesses that rely on APTEL rulings should note that any order which conflicts with a Supreme Court judgment is vulnerable to challenge. The development also signals that the Supreme Court is willing to step in when tribunals are seen to disregard judicial discipline, which could affect how regulatory litigation is strategised. For compliance teams and in-house counsel, the message is that finality of Supreme Court decisions remains paramount, and attempts to relitigate settled issues before tribunals carry significant risk.

**What To Watch Next**

Readers should track the specific directions the Supreme C…