Supreme Court gives government four weeks to reply to petition seeking reasons for delay
The Supreme Court on Friday asked the government to respond to a petition seeking reasons for the delay in appointment of chairman and members to the Appellate Tribunal under the Prevention of Money Laundering Act.
A Bench led by Chief Justice of India Sharad A Bobde gave the government four weeks to reply to the petition filed by Amit Sahni, who said the appointments to the tribunal should be made on a priority basis.
“The Supreme Court in numerous cases has held that justice delayed is justice denied. The tribunal in New Delhi is struggling to dispense justice, particularly in the absence of its chairman and three members out of sanctioned strength of four and acute shortage of administrative staff,” Mr. Sahni, represented by advocate Preeti Singh, said in his plea.
The tribunal deals with sensitive and crucial matters pertaining to the Prevention of Money Laundering Act, 2002 (PMLA), the Smugglers and Foreign Exchange Manipulators Act. 1976 (SAFEMA), The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), the Foreign Exchange Management Act, 1999 (FEMA) and The Prohibition Of Benami Property Transactions Act, 1988 (PBPT).
Mr. Sahni stated that in August 2019, many newspapers reported that the government had cleared former Delhi High Court judge, Justice Sunil Gaur, as chairman.
But the appointment was not notified and the post of chairman continued to be vacant. The tribunal is constrained to function with its sole member and therefore sufficient number of matters could not be taken up, Mr. Sahni said.
“The very object for constituting tribunals is to supplement the functions of High Courts and other courts and to ensure that the consumer of justice gets speedy redress to his grievances,” the petition said.
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