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This is an archive article published on December 17, 2010

Apex court stays HC order on registration of case against assistant excise commissioner

A division bench headed by Justice Markandey Katju of the Supreme Court stayed an order passed by a division bench headed by Justice A K Goel of the High Court.

A division bench headed by Justice Markandey Katju of the Supreme Court stayed an order passed by a division bench headed by Justice A K Goel of the High Court. Noted jurist Soli J Sorabjee appeared on behalf of the Punjab government and challenged the order passed by the High Court.

In the special leave petition (SLP),the Punjab government submitted that Rishi Pal and his team members had unearthed tax evasion of over Rs 150 crore.

The SLP reads that “the onslaught of the petitioner (Rishi Pal) against tax evaders and a steep increase in the collection of VAT duty won the petitioner accolades from his department. However,Pal became an eyesore for the mafia and racketeers who are habitual VAT evaders. Rishi Pal’s crusade against unscrupulous elements not only generated revenue for the state but also prevented them from claiming bogus refunds from the government treasury by way of fraudulent purchases”.

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It might be mentioned here that two members of Rishi Pal’s team have died under mysterious circumstances in the past few months and two others have suffered injuries in road accidents.

The High Court had directed the Senior Superintendent of Police (SSP),Ludhiana,to register a criminal case against Pal. The directions were passed by the High Court on a petition filed by Shikha Trading Corporation,Ludhiana. The grievance of the petitioner company was that its premises were illegally sealed on the directions of the officer a few months ago. Aggrieved,the company had moved the High Court which had asked the Commissioner to decide the representation of the company within ten days. The representation was not decided within the stipulated period.

The company again moved the court which issued notices to Pal asking to explain reasons for non-compliance.

On perusal of the documents,the High Court had pointed that in order to conceal its mistake,documents were ante-dated to show that the representation of the petitioner company was decided within the stipulated period.

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