The has formally clarified that appeals challenging penalties stemming from alleged contraventions of the now-repealed , are to be adjudicated under the court’s . Justice Ananya Bandyopadhyay overruled a preliminary objection raised by the , which had argued that such appeals, filed under the , should be classified as civil revenue matters on the High Court’s . The decision ensures that cases involving substantive originating under the older statutory regime do not lose their criminal character due to the change in administrative legislation.
The legal challenge was brought before the court by four appellants—Barun Kumar Chattopadhyay, Chandranath Chatterjee, Pradyot Kumar Dutta, and Gurupada Chowdhary—who were seeking to contest an originally dated . This order, passed by the Special Director of the , had imposed a of ₹2,00,000 on each of the appellants. The had previously upheld these penalties in a judgment delivered on . The appellants subsequently sought to challenge these findings before the High Court, asserting that their rights to criminal appeal were preserved by the of the law.
The had relied heavily on the precedent established in the case of , arguing that because the appeal was filed under , it must follow the procedural routing reserved for civil revenue matters. The agency contended that modern exchange control violations are essentially civil in nature and that the court's rules should govern the proceedings.
However, the Court rejected this classification, emphasizing that the underlying in the present matter remains a penal liability accrued under the repealed FERA. Justice Bandyopadhyay’s ruling centered on the specific protections afforded by , read in conjunction with . The court observed that these provisions serve as a vital legislative bridge, ensuring that the transition from FERA to FEMA did not extinguish the penal nature of past contraventions or the procedural remedies associated with them.
Legacy of and Transitional Justice
In her order, Justice Bandyopadhyay articulated that the
behind the repeal of FERA was never to strip ongoing legal disputes of their substantive character. While
provides a path for appeals to the High Court, the procedural routing is intrinsically linked to the origin of the liability itself. The court stated:
"
preserve the clear
that offences and penal contraventions committed under the repealed FERA continue to be governed by FERA provisions, thereby avoiding the obliteration of the criminal or penal nature of accrued liabilities."
By applying this logic, the court concluded that invoking does not transform a criminal-originating penalty into a civil revenue matter. The survival of the liability, as guaranteed by the , necessitated that the procedural remedy remain within the framework of the . This distinction prevents the procedural "obliteration" of the legal status of the appellants' cases, allowing them to maintain their challenge as criminal appeals.
Upholding Across State Lines
A significant component of the court's reasoning involved the principle of . The court noted that co-accused entities involved in the same set of circumstances—specifically, the corporate entity and an employee named Sri B.C. Mallick—had already successfully challenged the identical adjudication and appellate orders before the . In those instances, the Delhi High Court had accepted the challenges under its and subsequently set aside the impugned orders on their merits.
The emphasized that it would be fundamentally inconsistent to treat the present appellants differently than their co-accused simply based on a jurisdictional technicality. The record further clarified that one of the appellants had originally filed a criminal appeal before the Delhi High Court, which granted them the liberty to withdraw and file in the appropriate High Court within West Bengal. Maintaining the criminal character of the appeal was essential to ensure that identical penal adjudications received consistent judicial treatment across different jurisdictions.
Finalizing the Procedural Pathway for Future Hearings
The court’s final order is a definitive dismissal of the ’s attempt to reclassify the appeals. By upholding the applicability of the , the ruling provides clarity for similar legacy cases that may still be working their way through the appellate process decades after the transition to the modern FEMA regime.
"In view of the statutory scheme of
, 1999 read with
, and supported by the
established in CRLA No. 330 of 2008, this Court holds that the present appeals, assailing a penal sanction rooted in FERA contraventions, are maintainable as a Criminal Appeal before this Court,"
the order concluded.
With the preliminary objection successfully overruled, the court has directed that the matters be listed for a on the merits on . This date marks the next stage for the appellants, who will now have the opportunity to contest the validity of the original ₹2,00,000 penalties within the forum of a criminal appellate proceeding. The ruling serves as a reminder that even as legislative frameworks evolve, the fundamental character of historical remains protected by statutory .
statutory interpretation - transitional liabilities