Government @ speed of Light - High Court Order Quashed!
IN a rare and almost impossible feat, the DGFT has undone the effect of the High Court judgement mentioned above – WITHIN A DAY. He has just amended the Notification! Even before the lawyers and clients could get together to celebrate the marvellous victory in the High Court and before the prospective exporters could rush to the DGFT for licence to export cotton yarn, the DGFT outsmarted them. The DGFT has corrected whatever lapse pointed out by the High Court whereby the Circular was quashed. He simply amended the notification and the High Court had held that the DGFT who issued notification on 22.12.2010 is authorized to issue notification for and on behalf of the Central Government.
Now in the amended Notification No. 14(RE-2010)/2009-14 dated 22.12.2010, the “nature of restriction” is, “Export permitted under licence subject to a quantity limit of 720 million Kgs during the Fiscal Year 2010-11 (i.e. upto 31.03.2011) or as notified by DGFT from time to time.” What was stipulated in the Circular is now included in the notification. And everything is now legal and correct.
What if the High Court refuses to stay its order, we have our notifications factory! It is not really worthwhile to fight the Government in Courts – they always have the power to change the rules in the middle of the game or even after the game is over!
Whether the DGFT is right or wrong in undoing the order of the High Court, the fact that he could do it within a day, is a marvellous unparalleled achievement for bureaucracy. THEY COULD ISSUE A NOTIFICATION THE DAY AFTER THE HIGH COURT DELIVERED ITS JUDGEMENT!!!!!!!. If our babus can work with such speed to help the citizens instead of harming them, our country will be a GREAT DEMOCRACY.
DGFT Notification No. 31(RE-2010)/2009-14; Dated March 10 2011 .