SC issues notice on plea to fill vacancies at PMLA Tribunal

The petition filed by a lawyer, Amit Sahni, pointed out that pendency of cases at the Appellate Tribunal were causing immense hardship to litigants as the post of the tribunal’s Chairman has been vacant since September 2019.

The Supreme Court on Friday issued a notice on a petition to fill up vacancies in the Appellate Tribunal under the Prevention of Money Laundering Act (PMLA).

A three-judge bench headed by Justice Ashok Bhushan noted the hardship pointed out by the petitioner and posted the matter for hearing after four weeks. (HT FILE PHOTO).

The petition filed by a lawyer, Amit Sahni, pointed out that pendency of cases at the Appellate Tribunal were causing immense hardship to litigants as the post of the tribunal’s Chairman has been vacant since September 2019. Three members on the bench of the tribunal had retired and presently the appellate body had a single member to adjudicate sensitive and crucial cases arising out of appeals under Smugglers and Foreign Exchange Manipulators Act (SAFEMA), the Narcotic Drugs and Psychotropic Substances Act (NDPS), Foreign Exchange Management Act (FEMA), and the Prohibition of Benami Property Transactions Act, besides PMLA.

A three-judge bench headed by Justice Ashok Bhushan noted the hardship pointed out by the petitioner and posted the matter after four weeks. The bench, also comprising Justices RS Reddy and MR Shah even sought the response of the Centre on the petition and allowed the petitioner to serve his plea directly to the office of the Solicitor General.

The Delhi-based lawyer in his petition said, “The tribunal is struggling to dispense justice particularly in the absence of its Chairman and three members out of sanctioned strength of four and acute shortage of administrative staff.” He made the Ministry of Finance the sole respondent in the petition.

In November 2020, the petitioner sought information from the government under the Right to Information Act on total pendency of cases and vacancies in the Tribunal.

As per the reply received, the post of one Member fell vacant in 2018 followed by that of the Chairman and two other Members in 2019. “The Tribunal is constrained to function with its sole member and therefore sufficient number of matters cannot be taken up in absence of Presiding Officers,” the petitioner said. About 20 administrative posts at the Tribunal also need to be filled up.

Presently, over 5000 cases are pending with the Tribunal of which the bulk of matters arise out of proceedings under PMLA. Before filing the petition, Sahni filed a representation before the government in December 2020 for taking adequate steps to fill the pending vacancies. However, no action has been taken on his request till date.