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Lately, the Calcutta High Court discerned that a indict for a criminal or quasi-criminal substance cannot be granted to dangle over the head of a citizen in perpetuity without the permission of the concerned authority without coming to a cessation as to whether or not there is material in the accusation. Therefore, rescinding a 26-year-old show cause notice provided to a man by the Enforcement Directorate (ED). The case of Surendralal Girdharilal Mehta ahead of the high court was that the show cause notice which was supplied by the Special Director, Enforcement Directorate, on 14th January 1991 and the ruling proceeding under Section 51 of the Foreign Exchange Regulation Act (FERA) has not been progressed since then.
His assertion was that despite of his constant requests that no documents has been furnished to him and which is clearly responsible for transgressing his right under Article 21 of the Constitution of India by keeping the proceeding undecided for 26 years. The authorities asserted that Mehta on no occasion asked or requested that the adjudication proceeding should be stimulated further in order to complete the proceedings quickly and easily, that being the case, he cannot grumble of the set back and cannot ask for revocation of the show cause notice and the adjudication proceeding only on the pretext of delay.
The court after looking into the case and hearing the assertions made by the both the parties’ contemplated that in this case it was tangential to consider that the petitioner did not urge for expeditious closure of the adjudication process and pronounced that it was imperative upon the respondent authorities to meticulously progress with the adjudication and should have completed the same on time. He further added that the considering the nature of accusations involved in this case the decision should have been constructed judiciously and significantly court averred that this was in regard with the public interest therefore vitally important to uphold public credence in the adjudication process.
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