Zaynali Badami, Kirit P Mehta School of Law
The issue of dysfunctional Appellate Tribunals formed under various provisions of the Prevention of Money Laundering Act, 2002, Benami Transactions Prohibition Amendment Act, 2016, Smugglers and Foreign Exchange Manipulators Act, 1976 and various Act governed by the Central Government Industrial Tribunal has become a matter of mundane run-of-the- mill exercise for not only litigants but also various High Courts.
The respective Appellate Tribunals established by and under the Central Government under Section 28(4) of the Prevention of Money Laundering Act, 2002, Section 46 of the Benami Transactions Prohibition Amendment Act, 2016 and Section 12 of the Smugglers and Foreign Exchange Manipulators Act, 1976, having its principal seat at New Delhi have been vacant for a prolonged and enduring period of time and continues to remain vacant till date, resulting in floodgate of litigations by way of Writ Petitions being filed against the Provisional Attachment Orders passed by the Enforcement Directorate and Confirmatory Orders passed by the Ld. Adjudicating Authority respectively against the attachment of properties in already burdened High Courts.
