Regarding basic facilities, CESTAT Bench not better placed than Bar – RK Jain
In a recent meeting to welcome the new President of CESTAT, RK Jain, the legendary Secretary of the Bar Association said,
CESTAT commands the number one position among all similar Tribunals. Our institution disposes cases involving huge stakes and having much implication for the exchequer and national economy. It is almost on par with High Court as appeal from our Tribunal lies to Hon'ble Supreme Court in very many cases. Also, our Hon'ble Judicial Members are eligible for appointment as High Court Judges and we had number of Members who became Judges of High Court later. Our Technical Members had headed the Revenue Board and other high positions in the Revenue Department before joining the Tribunal and even after going from the Tribunal.
Our Tribunal has celebrated its Silver Jubilee recently. But, we don't have our own building so far. The Members of the Bar are rendering assistance to the Bench even without the basic facilities such as Chambers, Canteen, Service Centre with Photo-copying, Fax and Internet facilities and there is shortage of space for Bar Library. We are fully aware of the fact that in the matter of having basic facilities required for conducive judicial working, the Hon'ble President and Hon'ble Members of the CESTAT are no better placed than the Members of the Bar. The Ministry of Finance should take more interest in this regard.
We, at the Bar, are aware that the role of the Judges is difficult - they have to satisfy everyone - the parties to the cause, the appellate courts - even the loser should be a satisfied person with reasoning given against him. We are proud that orders passed by our Tribunal have been approved by the highest court of the land, in several cases though in some recent decisions the Apex Court has expressed expectations for more detailed and rational orders from the CESTAT.