9911796707
|
Home
Issues involved:
Challenge to writ petition against Settlement Commission's decision based on Supreme Court judgment; Applicability of High Power Committee's role in resolving disputes between government departments; Settlement Commission's role and jurisdiction in resolving disputes; Jurisdiction of the High Court under Articles 226 and 227 for judicial review. Analysis: 1. Challenge to writ petition against Settlement Commission's decision: The respondent's counsel raised a preliminary objection to entertaining the writ petition filed by the Revenue against the Settlement Commission's decision. He argued that the Supreme Court's judgment emphasized avoiding litigation between different government entities to protect the government exchequer. The counsel contended that the writ petition should be referred to the High Power Committee as per the Supreme Court's directive. However, the Additional Solicitor General argued that the Settlement Commission is not a litigant but an adjudicatory body under the Customs Act, and the actual litigants are the Revenue Department and private respondents. The judge agreed that the High Power Committee's involvement is not warranted in this case as the conditions specified for its intervention were not met. 2. Applicability of High Power Committee's role: The judge referenced previous Supreme Court decisions emphasizing the formation of the High Power Committee to settle disputes between government departments and undertakings to avoid unnecessary litigation. However, in the present case, involving private individual litigants and the Revenue Department, the judge found that the private respondents had utilized the settlement provision to resolve the matter before the Commission. The judge concluded that the Settlement Commission's role is to adjudicate and mediate disputes in accordance with the law, making it unnecessary to involve the High Power Committee. 3. Settlement Commission's role and jurisdiction: The judge highlighted that the Settlement Commission's function is to settle disputes between parties, such as the Revenue Department and private individuals, without resorting to further legal procedures. The Commission's power to adjudicate and mediate cases, including the recovery of dues after settlement, was emphasized. The judge rejected the argument that the Settlement Commission should be considered a litigant, as it acts as a neutral party to facilitate settlements within the framework of the Customs Act. 4. Jurisdiction of the High Court under Articles 226 and 227: The judge affirmed the exclusive jurisdiction of the High Court to decide the matter, citing the power of judicial review under Articles 226 and 227 as a fundamental feature of the Constitution. Referring to past Supreme Court decisions, the judge emphasized that this jurisdiction cannot be curtailed, even by constitutional amendments. The judge concluded that the High Court's authority for judicial review is inviolable and essential for upholding the rule of law, dismissing the argument for referring the matter to the High Power Committee. 5. Final directives: The judge directed the parties to file necessary affidavits for the upcoming hearing, ensuring an expeditious resolution before the bank guarantee's expiration. The judge maintained the status quo and kept other points open for further arguments during the final hearing of the writ petition, except for the issue of the writ petition's maintainability in relation to the High Power Committee's formation, which was extensively addressed in the judgment.
|
