FEMA – Natwar Singh Loses - Supreme Court frowns on Delay Tactics - Noticee is not entitled to copies of documents not relied upon - The principles of natural justice are not intended to operate as roadblocks to obstruct statutory inquiries
THE appellant Natwar Singh is ROYAL, an EX IFS Officer and a Former Minister, facing charges under FEMA. He went right up to the Supreme Court against a notice issued by the FEMA Authority.
The Supreme Court held,
The extent of applicability of principles of natural justice depends upon the nature of inquiry, the consequences that may visit a person after such inquiry from out of the decision pursuant to such inquiry. The right to fair hearing is a guaranteed right. Every person before an Authority exercising the adjudicatory powers has a right to know the evidence to be used against him. However, disclosure not necessarily involves supply of the material. All such documents relied on by the Authority are required to be furnished to the noticee enabling him to show a proper cause as to why an inquiry should not be held against him though the Rules do not provide for the same. Such a fair reading of the provision would not amount to supplanting the procedure laid down and would in no manner frustrate the apparent purpose of the statute. Duty of adequate disclosure is only an additional procedural safeguard in order to ensure the attainment of the fairness and it has its own limitations.
Before parting : The Supreme Court observed, “We are constrained to take note of the fact that it is on account of continuous unreasonable requests on the part of the appellants, the Adjudicating Authority could not deal with the complaint expeditiously which is required to be disposed of within one year from the date of receipt of the complaint.”
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