SC Strikes Finance Ministry For Asking Data From Debts Recovery Tribunals

Finance Ministry

The Supreme Court on Monday has reprimanded the Union Finance Ministry for demanding data from the Debts Recovery Tribunals regarding amounts recovered based on the tribunals’ orders.

A bench comprising Justices Abhay S. Oka and Augustine George Masih criticized the ministry’s approach, stating it could not treat judicial staff of the DRTs as subordinates.

“You are treating the judicial staff as if they are your subordinates,” Justice Oka remarked. He emphasized that the government owed an apology for expecting the tribunals to gather extensive data in such a short time frame. The bench noted, “If you want data to be collected, additional staff as required by the DRT should be provided. This will not be tolerated.” It highlighted that some personnel involved are judicial officers, underscoring the inappropriateness of the ministry’s demands.

The court expressed astonishment that the DRTs were being tasked with such an exercise. It directed the concerned department’s secretary to review the situation and ensure a proper affidavit is filed after examining the court’s orders and relevant materials.

Previously, on September 30, the Supreme Court had issued a notice to the section officer of the Ministry of Finance’s Department of Financial Services, requiring an explanation of how the DRTs could be treated as a Central government department. The court’s firm stance indicates its commitment to upholding the independence of the judiciary and ensuring that judicial bodies are not subjected to undue pressure from executive branches of the government.

The Supreme Court’s intervention highlights the importance of respecting the autonomy of judicial institutions, particularly in matters involving data collection and reporting. It is crucial for government agencies to work collaboratively with judicial bodies while maintaining the latter’s independence and integrity. The expectation for an apology from the government reflects the court’s disapproval of actions that undermine judicial authority.

As the case unfolds, the Supreme Court’s focus remains on ensuring that the functions of the DRTs are not hindered by executive overreach, preserving the sanctity of judicial processes in the financial recovery landscape.