PIL in Supreme Court for filling up of Pending Vacancies in Appellate Tribunal

PIL in Supreme Court for filling up of Pending Vacancies in Appellate Tribunal

A plea was filed in the Supreme Court of India (SC) seeking direction to the Centre to fill the pending vacancies at Appellate Tribunal, Prevention of Money Laundering Act (ATPMLAT), New Delhi Advocate Amit Sahni filed a Public Interest Litigation (PIL) before the SC stating that the Government has failed to take adequate steps on the filling of vacant posts in the Appellate Tribunal.

It was further mentioned that the Appellate Tribunal was finding it difficult to impart justice particularly due to the absence of its Chairman and three members out of sanctioned strength of four and acute shortage of administrative staff.

The PIL further stated that the SC in numerous cases have held that justice delayed is justice denied but the Appellate Tribunal, New Delhi, deals with sensitive and crucial matters pertaining to Prevention of Money Laundering Act, 2002 (PMLA), Smugglers & Foreign Exchange Manipulators Act 1976 (SAFEMA), The Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS), Foreign Exchange Management Act, 1999 (FEMA) and The Prohibition Of Benami Property Transactions Act, 1988 (PBPT).

The Appellate Tribunal has been struggling to impart justice due to a shortage of requisite staff. There is also a shortage of administrative staff including, Registrars, Private Secretaries, Court Master, etc. and there are total of 23 vacant posts.

It was further stated in the PIL that in August 2019 it was reported by the media that the Government had suggested the name of Justice Sunil Gaur who was the former Judge of the Delhi High Court, to be appointed as a Chairman of the Appellate Tribunal, New Delhi. However, the said appointment was not notified and the post of Chairman is still lying vacant since then.

It plea said "The Tribunal is mandated to consist of a Chairman, who has to be a retired Judge of the Top Court or High Court & four members, who can be from the fields of law, finance & management. But the Tribunal is constrained to function with its sole member & therefore a sufficient number of matters cannot be taken up in absence of presiding officers".

The PIL further emphasized the point that in 2018 one post of member fell vacant and in 2019 the tenure of the Chairman and two members completed. The Appellant Tribunal is functioning with its sole member and hence sufficient number of matters cannot be taken due to the absence of Presiding Officers.

It was pointed out that the Appellant Tribunal hears appeals against Court orders in various cases including matters related to money laundering cases filed by the Enforcement Directorate, or other authorities under various Acts. However, the functioning of the Tribunal has been hampered due to vacancies.

The plea also mentioned that the petitioner has also made a representation to the government for expeditious filling of vacancies at the Appellant Tribunal but no step has been taken by the government upon the same till date.

The PIL added, "The very object for constituting Tribunals is to supplement the functions of the High Courts and the other Courts and to ensure that the consumer of justice gets speedy redressal to his grievances".

It stated that "Due to a large number of unfilled vacancies hampering the progress of the functioning of the Tribunal. Therefore there is an imminent need for expediting the process of selections & appointments to ensure speedy justice".