PAREENA SWARUP versus UNION OF INDIA

PAREENA SWARUP versus UNION OF INDIA

Amended/proposed provisions of the Act and Rules ensuring independence and proper judicial safeguards for tribunal appointments are in tune with the constitutional scheme and principles as laid down by the Supreme Court; such provisions are approved and must be implemented.

Parties
Petitioner: Pareena Swarup; Respondent: Union of India
Jurisdiction
India
Judgment Date
30 September 2008
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Disposition Following Hearing and Approval of Amended Provisions
Outcome
Writ petition disposed of; amended/proposed provisions approved.
Legal Topics
Separation of Powers, Independence of Judiciary, Public Interest Litigation, Money Laundering, Appointment and Service Conditions of Tribunal Members
Constitutional Law Administrative Law Separation of Powers Independence of Judiciary Public Interest Litigation Money Laundering Appointment and Service Conditions of Tribunal Members

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Parties

Pareena Swarup

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Disposition Following Hearing and Approval of Amended Provisions

Legal Issues

  1. 1 Whether provisions of Prevention of Money-laundering Act, 2002 and related Rules regarding constitution of Adjudicating Authorities and Appellate Tribunal violate the constitutional scheme of separation of powers and guarantee of independent judiciary

Ratio Decidendi

Amended/proposed provisions of the Act and Rules ensuring independence and proper judicial safeguards for tribunal appointments are in tune with the constitutional scheme and principles as laid down by the Supreme Court; such provisions are approved and must be implemented.

Court Disposition

Writ petition disposed of; amended/proposed provisions approved.

Orders

  • Respondent-Union of India directed to implement amended/proposed provisions as expeditiously as possible, not later than six months from date of receipt of judgment.
  • No costs.