2008 (1) TMI 403 - HC - Customs

Summary

Issues:

1. Tampering with judicial record and reversal of decision without notice.
2. Missing file from the Tribunal branch for almost a year.

Issue 1: Tampering with judicial record and reversal of decision without notice

The judgment discusses a case where an order was initially passed allowing redemption of gold on payment of a fine, but later, the order was changed to "Order reserved," and the appeal was dismissed. The High Court emphasized that once an order is written and signed, it cannot be altered or reversed without proper notice to the parties involved. The court expressed serious concerns about the integrity of the judicial process if such changes are allowed without due process. The court highlighted the importance of maintaining the sanctity of judicial records to ensure consistency and fairness in legal proceedings. Consequently, the High Court requested the President of the Customs, Excise and Service Tax Appellate Tribunal to conduct an inquiry into the matter to ascertain the facts and take necessary steps to address the issue. The court set a deadline of three months for the conclusion of the inquiry.

Issue 2: Missing file from the Tribunal branch for almost a year

The judgment also mentions that the file related to the case was missing from the Tribunal branch for nearly a year after the initial order was passed. This missing file raised concerns about the proper handling and maintenance of essential documents in the Tribunal. The court did not delve into the specifics of how or why the file went missing but noted the significance of maintaining complete and accessible records for the effective administration of justice. By highlighting the absence of the file, the judgment indirectly underscores the need for stringent protocols and safeguards to prevent such lapses in record-keeping within the judicial system. The court's decision to request an inquiry into the matter aimed to address not only the issue of tampering with the judicial record but also to investigate the circumstances surrounding the missing file, ensuring accountability and transparency in the functioning of the Tribunal.

This detailed analysis of the judgment provides a comprehensive understanding of the issues raised and the court's directives to address the concerns regarding tampering with judicial records and the missing file from the Tribunal branch.