SC rules RK Jain Editor of Excise Law times who has been fearlessly writing for

[CA.BHUPENDRASHAH]

SC rules RK Jain Editor of Excise Law times who has been fearlessly writing for decades cannot be silenced- RK Jain projected  true state of the functioning of CESTAT on administrative side and to some extent on judicial side- By doing so, he had merely discharged the constitutional duty of a citizen enshrined in Article 51A(h)-Indirect Tax Practitioners Association was on wrong side of law-Contents of the editorial by RK Jain in Excise Law Times do not constitute criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971-The object of the editorial was to highlight the irregularities in the appointment, posting and transfer of the members of CESTAT and instances of the abuse of the quasi judicial powers- By writing the editorial which must have caused embarrassment to functionaries of the Central Government and CESTAT and even some members of the petitioner-Association but that cannot be dubbed as an attempt to scandalize CESTAT as a body or interfere with the administration of justice- petition lacks bonafide and is an abuse of the process of the Court- the petition is dismissed- For filing a frivolous petition, the petitioner is saddled with cost of Rs.2 Lakh of which Rs.1 Lakh shall be paid to RK Jain-[/move]