LI Network
Published on: December 04, 2023 at 12:49 IST
In a recent judgment, the Delhi High Court has underscored the significance of the principles of natural justice, emphasizing that they are not mere “mantras” but foundational precepts crucial for ensuring fairness in procedures and upholding an individual’s right to respond to allegations.
A division bench comprising Justice Yashwant Varma and Justice Shailender Kaur made this observation while dismissing a petition filed by Kiran Juneja.
The petition challenged an order issued by the Additional Secretary in 2020, which upheld the confiscation of gold bars by the authorities.
The primary contention of Juneja was that the order violated the principles of natural justice, asserting that she was entitled to one additional opportunity of hearing before the concerned authority.
The court, in its judgment, rejected Juneja’s argument, stating that despite being given notice on two occasions, no one appeared on her behalf, leading the competent authority to proceed ex parte.
“Ultimately, whether the asserted violation of some facet of natural justice has tainted the procedure adopted by the respondent is an issue of fact and which would ultimately guide courts to consider whether interference is warranted,” noted the bench.
The court firmly dismissed the plea, finding no justification for interference with the impugned order. It also rejected reliance on other orders passed by Revisional authorities that permitted the re-export of gold bars carried by passengers of foreign origin.
The court pointed out that these orders did not address the Baggage Rules, 2016, which govern the issue of the importation of gold.