- There are currently more than 5,000 cases pending before the Tribunal, the majority of which arise from matters relating to the PMLA process.
By Abraham Thomas
PUBLISHED ON JAN 23, 2021 10:31 PM
The increasing dependence on the Court of Appeal, the Money Laundering Act (ATPMLA), which has no boss since September 2019, has forced a lawyer to turn to the Supreme Court and demand that the vacant positions of the chairman and three members be filled urgently .
The ATPMLA deals with sensitive and crucial cases that arise from legal remedies not only under the PMLA, but also under other laws such as the Smugglers and Foreign Exchange Manipulators Act (SAFEMA), the Narcotic Drugs and Psychotropic Substances Act (NDPS) and the Foreign Exchange Management Act (FEMA). and the Benami Real Estate Transaction Prohibition Act.
A petition from Delhi-based attorney Amit Sahni states: “The tribunal is trying to spread justice, especially in the absence of its chairman and three members from the sanctioned strength of four and acute shortage of administrative staff.” The Treasury Department is the only respondent in the petition.
In November 2020, the petitioner asked the government for information under the Law on the Right of Access to Full Dependence on Cases and Vacancies in the Tribunal.
According to the response received, the post of one member became vacant in 2018, followed by that of the chairman and two other members in 2019. “The tribunal is forced to cooperate with its only member and therefore a sufficient number of matters cannot be taken up Absence of chairperson, ”said the petitioner. Around 20 administrative posts at the Tribunal must also be filled.
There are currently more than 5,000 cases pending before the Tribunal, the majority of which arise from matters relating to the PMLA process. Prior to filing the petition, Sahni filed a representation with the government in December 2020 to take reasonable steps to fill the vacancies. However, to date no action has been taken in relation to his request.
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