RK Jain takes on CESTAT
RK Jain, the crusading editor of ELT and Centax Publications has written a hard hitting editorial on CESTAT.
In December 1991, he had addressed a letter to the then Chief Justice of India, Shri M.H. Kania , complaining that as the Customs, Excise and Gold Control Appellate Tribunal ( CEGAT ) was without a President for the last over six months the functioning of the Tribunal was adversely affected, in that, the Benches sit for hardly two hours or so, the sittings commence late at about 10.50 a .m., there is a tendency to adjourn cases on one pretext or the other so much so that even passing of interim orders, like stay orders, etc., is postponed and inordinately delayed, and the general tendency is to work for only four days in a week. The work culture is just not there. Three directions were sought, namely,
"( i ) the immediate appointment of the President to the CEGAT , preferably a senior High Court Judge;
(ii) order an enquiry into the malfunctioning of the CEGAT ; and
(iii) issue all other directions as your Lordship may deem fit and necessary."
This letter was directed to be treated as Public Interest Litigation – see R.K. JAIN Vs UNION OF INDIA - 2002-TIOL-405-SC-Constitution.
In his latest editorial, highly critical of the “gold in shoes” case, he asks, “ IS CESTAT PUSHING “ GOLD IN SHOE SOLES” DOWN THE THROAT?
Click here for explosive piece.