DRT & DRAT in contempt

Querist : Anonymous (Querist) 13 October 2010 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 against borrowers, the borrowers are hereby informed that:
1. As presently structured the Judicial Tribunals Hon DRT & DRAT are functioning under the Ministry of Finance, Banking Division which is part of the Executive Branch of Government. for regulation,
supervision and financial payments.
2. To separate Executive from Judiciary and 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 the
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)
3. In contempt of the Hon Supreme Court judgement the Hon DRT & DRAT are still functioning under the supervision & control of Ministry of Finance, Banking Division.
4. The Banking Division officers are Board Directors of Banks who 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.
5. Borrowers who are victims of unfair and unconstitutional supervision and functioning of Hon DRT & DRAT should approach for legal help.
Borrowers Rights Forum

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s.subramanian (Expert) 13 October 2010
Yes. it is a matter of serious concern to be thought over seriously.

J. P. Shah (Expert) 13 October 2010
There is need to challenge such a situation in HC. Thanks for bringing out such an important issue for bank borrowers and it involves crores of rupees.

R.Ranganathan (Expert) 14 October 2010

The matter has to be taken up with the highest authority i.e. Parliament through MPs if necessary, for implementation of the SC order.

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