‘Constitute spl benches for quick disposal of cases involving huge government revenue’

Justice SM Subramaniam made the observation while disposing of a plea moved by Dalmia Refractories seeking a direction to the State government to issue permit to transport mines from one place to another owned by the company. The judge added that a Grouping Section functioning inside the court should be utilised for collecting cases involving large-scale revenue that are pending before the High Court for many years.

“Large-scale State revenues are at stake and many persons are taking undue advantage of the pendency of the writ petitions for unjust gains, which can never be tolerated and allowed by the courts. Thus, the Registrar General is directed to issue appropriate instructions to the Registry to collect all those writ petitions where large-scale State and central revenues are involved and list those matters without causing any undue delay by obtaining necessary orders from the Chief Justice, if necessary by constituting special benches for speedy disposal of those cases,” the judge held.

The judge added that the growing tendency on writ side is that such petitions involving large-scale revenue, more specifically Income-Tax, Customs, Excise, Mines and Minerals, etc., interim orders were in force for several years and the nation’s properties were being looted or misused or taken undue advantage of.

“Such a situation is absolutely unconstitutional… anything under the earth belongs to the government and it is the Nation’s property, which belongs to ‘we the people of India’. Thus, no one can be allowed to extract without adhering to the Act, rules and regulations, and any violations are to be treated seriously and all these persons must be liable for all consequences,” Justice Subramaniam noted.

The HC pointed out that many cases related to government revenues were not listed before the court. There were allegations that these petitions were not listed on account of bundles being misplaced or various other reasons, including corrupt activities, he said, adding that actions should be initiated against officials responsible for lapses, negligence and dereliction of duty.