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2018 Supreme(Bom) 2257

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.C. Dharmadhikari, Bharati H. Dangre, JJ.
New Delhi Television Limited - Appellant
Versus
Reserve Bank Of India Foreign Exchange Department Central Office - Respondent
W.P. No. 2026 of 2017
Decided On : 26-06-2018

Advocates Appeared:
Janak Dwarkadas, Adv., Fereshte Sethna, Adv., Pawan Sharma, Adv., Sumit Garg, Adv., Shreema Doshi, Adv., Lokesh Aidasani, Adv., Venkatesh Dhond, Adv., Prasad Shenoy, Adv., Mansi Mahida, Adv., Parag Sharma, Adv., Hiten Venegaonkar, Adv., D.P. Singh, Adv., Priya Singhania, Adv., Satya Prakash, Adv., Anjan Chanda, Adv., Praful Wable, Adv., S.P. Singh, Adv., Dona Datta, Adv.

Headnote:

Constitution of India - Article 226 - Writ of mandamus - Petition under Article 226 of the Constitution of India and prior to its amendment, the petitioner desires that court should issue a writ of mandamus or any other writ, order or direction analogous to that writ, directing respondent no. 1 to writ petition to guide the petitioner in making of an application styled as an application for compounding and to take on file and determine the compounding application within the time frame prescribed by the Foreign Exchange (Compounding Proceedings) Rules, 2000 (hereinafter referred to as "Compounding Rules") or such other time frame as may be prescribed by this court - Held, political parties and outfits in power in opposition ought to know that just as Defence Forces, Police and the Judiciary, it is important that institutions do not betray public trust and confidence. By its very name, it is the Directorate of Enforcement and it enforces stringent laws like the FEMA and the PMLA. Such institutions are the custodians of our foreign exchange resources, they safeguard and protect them by properly managing and administering them. They ensure that there is balance, much less in payment. If they are looked upon as guardians of citizens rights, then, it is time that those in power and opposition realise that they should not act in a manner which gives the public at large an impression that these vital institutions are but puppets in the hands of politicians - Agencies like RBI etc. are also pillars of our democracy - Earlier we realise that in their meaningful existence lies our safety and of our legal rights the better it would be – Court pray do not have to observe anything like this and everybody will leave out these institutions from unnecessary attacks, uncalled for criticism and do not try to overpower or overreach them – Ordered Accordingly

JUDGMENT

S.C. Dharmadhikari, J -In view of the detailed orders passed by this court from time to time, the writ petition is admitted.

2. Rule. Respondents waive service. By consent of all parties, Rule is made returnable forthwith and the writ petition is finally disposed of by this judgment.

3. By this petition under Article 226 of the Constitution of India and prior to its amendment, the petitioner desires that this court should issue a writ of mandamus or any other writ, order or direction analogous to that writ, directing respondent no. 1 to this writ petition to guide the petitioner in making of an application styled as an application for compounding and to take on file and determine the compounding application within the time frame prescribed by the Foreign Exchange (Compounding Proceedings) Rules, 2000 (hereinafter referred to as "the Compounding Rules") or such other time frame as may be prescribed by this court.

4. Then, prayer clause (b) claims the following relief:-

"(b) that this Hon''ble Court may be pleased to issue a writ of prohibition, or any writ, order or direction analogous to the writ of prohibition, restraining the Respondent No. 2 from proceeding with adjudication proceedings in the SCN No.F.No.T-4/2D/2015 dated 13 November 2015 until the decision of Respondent No. 1 on the compounding applications which will be filed by the Petitioner after guidance is forthcoming."

5. It is in pursuance of this prayer clause, which we have reproduced, that the petitioner amended the writ petition and sought the following reliefs:-

"(a1) wholly in the alternative to prayer clause (a), that this Hon''ble Court may be pleased to issue a writ of certiorari, or any writ, order or direction analogous to the writ of certiorari, calling for the records of the case and after going through the same and examining the legality thereof to quash and/or cancel the letters/orders dated 24 January 2017 addressed by the Respondent No. 1 to the Petitioner purporting to return compounding applications on grounds that ''guidance'' is liable to be sought thereon by the Petitioner;

(a2) that this Hon''ble Court may be pleased to issue a writ of certiorari, or any writ, order or direction analogous to the writ of certiorari, calling for the records of the case and after going through the same and examining the legality thereof to quash and cancel the letter/order/direction dated 6 March 2017 issued/passed by Respondent No. 2 to Respondent No. 1 in relation to the compounding applications of the Petitioner;

(a3) that this Hon''ble Court may be pleased to issue a writ of certiorari, or any writ, order or direction analogous to the writ of certiorari, calling for the records of the case and after going through the same and examining the legality thereof to quash and cancel the Order sheet/Hearing Note dated 20 April 2017 passed by Respondent No. 2;

(a4) that this Hon''ble Court be pleased to strike down and declare that the proviso to Rule 8(2) of the Foreign Exchange (Compounding Proceedings) Rules, 2000 inserted vide 2017 Notification introduced by the Foreign Exchange (Compounding Proceedings) Amendment Rules, 2017, ultra vires, unconstitutional, non est and violative of Article 14 of the Constitution of India;

(a5) that this Hon''ble Court may be pleased to issue a writ of certiorari, or any writ, order or direction analogous to the writ of certiorari, calling for the records of the case and after going through the same and examining the legality thereof to quash and cancel the letters dated 15 December 2018 and 1 January 2018 issued by Respondent No. 1 to the Petitioner in relation to seek guidance from the AD Bank;

(a6) that this Hon''ble Court may be pleased to issue a writ of certiorari, or any writ, order or direction analogous to the writ of certiorari, calling for the records of the case and after going through the same and examini

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