Kankipati Rajesh vs Adjudicating Authority (Delhi High Court)
Delhi High court Frowns on Use of Disconcerting Language in Legal Proceedings by PMLA Adjudication Authorities
Recently, the High Court of Delhi issued an order dated 21.04.2023 in the case of W.P.(C) 3109/2023 & CM APPL. 12095/2023, 19827/2023, highlighting the importance of using standard formats and principles of natural justice in legal proceedings.
The court noted that the Respondent No.1 had used disconcerting language in their order, which had been previously frowned upon by the court in a similar case (Dr. U.S. Awasthi v. State of Uttar Pradesh). Repeated use of templated paragraphs, as though the principles of Natural Justice are mere rhetoric, is not permissible. The present order shall be treated as a warning to the concerned authority to not use such language.
The court warned the concerned authority not to use such language in the future and ordered the Appellate Tribunal, PMLA to ensure that the principles of natural justice were followed in the proceedings.
This order serves as a reminder that the use of standard formats and language in legal proceedings is necessary to ensure that the principles of natural justice are upheld. Any deviations from these standards may lead to action being taken by the court, as was the case here.
It is important for legal professionals to take note of this order and ensure that they follow the principles of natural justice in all legal proceedings. Let’s work together to uphold the integrity of the legal system and ensure justice for all.
The court also permitted the petitioner to approach the Appellate Tribunal, PMLA within a month and directed the tribunal to consider the appeal on facts to determine whether the cross examination was rightly rejected by the Respondent No.1 or not. The court further clarified that its observations on the language used in the impugned order would not have any bearing on the merits of the case.
Let’s take a cue from this order and strive to maintain the highest standards of professionalism in our legal practices. Together, we can uphold the sanctity of the legal system.