unconstitutional functioning of DRT ? Any comments
Querist :
Anonymous
(Querist) 20 February 2011
This query is : Resolved
PUBLIC INFORMATION FOR
DEFENDANTS IN DRT
Whereas Judicial Tribunals i.e. Hon DRT and Hon DRAT have been
established under RDDBFI Act for adjudication of claims by Banks,
borrowers are hereby informed that:
1. To separate Executive from Judiciary and to give Judicial Freedom
in adjudication the Hon Constitution Bench of Supreme Court of
India has held in Madras Bar Association vs. R.Gandhi & Union of
India in Civil Appeal 3067/2004 & 3717/2005 Para 56(xiii)…."The
Administrative support for all Tribunals should be from
Ministry of Law & Justice. Neither the Tribunals nor its
members shall seek or be provided with facilities from the
respective sponsoring or parent Ministries or concerned
Departments.” (emphasized)
2. Inspite of the Hon. Supreme Court Constitutional Bench judgement,
Ministry of Finance still maintains administrative control of Hon DRT
& DRAT.
3. The Ministry of Finance officials are Board Directors of Banks who
inturn are applicants in the Hon DRT and at the same time they are
administrative regulators and paymasters of the said Tribunals in
clear violation of separation of Executive and Judiciary as provided
for in the Constitution.
borrowersrightsforum@gmail.com
KANDE VENKATESH GUPTA
(Expert) 20 February 2011
Respected sir, Very interesting topic you have raised. Please enlight the members of LCI with full particulars so that any aggrieved person can challenge the very authority of the presiding officer in passing the orders where he is controlled by the party to the proceeding.
Querist :
Anonymous
(Querist) 21 February 2011
mr Gupta
I have filed a WP in High Court praying for closure of DRT as it is functioning unconstitutionaly. The WP has been admitted but the Ministry of Finance has not yet filed its counter even after 5 months.
I have also issued notices to Ministry of Finance about contempt of Hon supreme Court judgment. I intend to file the contempt petition in couple of weeks.
