Show Cause Notices by DRI to be Valid Retrospectively
THE Government is all set to introduce a Bill in the Monsoon Session of Parliament to retrospectively amend Section 28 of the Customs Act to validate Show Cause Notices issued by DRI and DGCEI.
In Commissioner of Customs Vs. Sayed Ali & Anr. - , the Supreme Court had held that only jurisdictional Customs Officers who will be competent to issue Show Cause Notices. Now the Government is determined to undo the Supreme Court judgement retrospectively.
It is reported that DRI alone has issued Show Cause Notices involving duty of over Rs. 7500 Crores and the Government does not want evaders to get benefitted on a mere technical ground of jurisdiction. But then who was responsible for this technical lapse?
Why should we have a Supreme Court if its orders are to be undone by retrospective legislation? Why can't the Government pass a law that notwithstanding anything declared by any Tribunal or Court including the Supreme Court of India, the LAW as declared by the Under-Secretary in the Board will prevail? They should also get the Constitution amended to stipulate that no decision of any officer of the Department from Sepoy upwards can be questioned in any court of law. Any person who files a case in any Tribunal or Court should be awarded exemplary fine and eventually we can reduce the huge pendency in the courts as other Government Departments will also get similar laws passed and finally we can close down the Courts. The Executive can then serve this country without inconvenient interference from the Judiciary.