2023 (12) TMI 18 - HC - Customs

Petition Dismissed: Seized Gold Ornaments Disposal Instructions Ruled Ultra Vires; Petitioner Lacked Standing.

The HC dismissed the petition challenging Circular instructions for disposing of seized gold ornaments within three months, ruling it ultra vires the ... Maintainability of Public Interest Litigation - seizure of jewellery / ornaments worth Rs. 50,000/- Constitutional validity of Circular instruction No. 22/2022-Customs dated 06th September, 2022 and Circular instruction No. 27/2021-Customs dated 03rd December, 2021 - mandating compulsory disposal and sale to RBI of all gold ornaments/ jewellery within three months from the date of seizure - ultra vires Section 150, 125 and 110(2) of the Customs Act, 1962 and violative of Articles 14, 21, 31 and 300A of the Constitution of India. HELD THAT:- This Court is of the view that the present petition is not maintainable as it is a settled principle of law that an aggrieved person must approach the Court. The standing doctrine characteristic is that a potential litigant must be injured by the action it is challenging. In the opinion of this Court, the petitioner is a stranger, who has not been adversely affected by either of the impugned Circular Instructions as none of his ornaments or articles or jewellery items have been seized. Undoubtedly, the rule of locus standi is relaxed in case of public interest litigation, but that is to be done only to ensure that the poor or socially and economically backward or persons with disability are not denied their rights. In a public interest case, there need be no litigant, if a problem is deemed by the Court as worthy of attention. The concept of public interest litigation, as stated hereinabove, is linked to the enforcement of the social and economical rights in India. At this stage, learned counsel for the petitioner states that the petitioner has filed the present Public Interest Litigation as jewellery / ornaments worth as low as Rs. 50,000 can be seized at the airport and sold immediately - This Court is of the view that any individual who owns gold jewellery/ ornaments and who travels by air is not economically or socially backward and can approach the Courts directly. The present petition which has been filed as Public Interest Litigation is held to be non-maintainable and the same is dismissed alongwith pending application. ISSUES PRESENTED AND CONSIDERED - Whether public interest litigation is maintainable to challenge Circular Instructions mandating compulsory disposal and sale to the Reserve Bank of seized gold jewellery within three months; whether such Instructions are ultra vires the Customs Act or violative of Articles 14, 21, 31 and 300A of the Constitution; whether the Instructions unlawfully fail to differentiate between seized and confiscated jewellery and between jewellery with design/emotional value and other forms of gold. ISSUE 1 - Maintainability of the Public Interest Litigation Legal framework - Standing doctrine requires an aggrieved person to be injured by the action challenged; locus standi is relaxed in public interest litigation to protect poor, socially and economically backward, or other disadvantaged persons. The public interest jurisdiction is invoked where enforcement of social and economic rights or protection of those unable to approach courts is necessary. Precedent treatment - The Court relies on established principles permitting representative or pro bono publico actions only where the litigant demonstrates connection to those disadvantaged groups or where systemic denial of justice exists; public interest jurisdiction is not a carte blanche for strangers to challenge administrative action absent a sufficient nexus. Interpretation and reasoning - The petitioner is a stranger with no allegation that his own ornaments have been seized; the challenged Instructions have not caused him a personal injury. The relaxation of locus standi in public interest matters is aimed at ensuring access to justice for the poor and marginalized, not to enable non-affected private individuals to litigate policy directives. The Court notes that individual owners of seized jewellery who are not socio-economically disadvantaged can approach courts directly. Ratio vs. Obiter - Ratio: A public interest petition is non-maintainable where the petitioner lacks sufficient nexus or personal injury and is not representative of the disadvantaged classes that public interest litigation is meant to protect. Obiter: Remarks on the appropriate scope of PIL emphasizing protection of vulnerable groups. Conclusion - The public interest petition is non-maintainable for want of locus standi and is dismissed. ISSUE 2 - Allegation that the Circular Instructions are ultra vires the Customs Act and constitutionally violative (Articles 14, 21, 31, 300A) Legal framework - Challenge to administrative instructions on grounds of ultra vires and constitutional violation requires a live controversy by an affected person; substantive review requires adjudication of whether the impugned instruction exceeds statutory authority or infringes fundamental rights. Precedent treatment - The Court reiterates that substantive review of the validity of executive instructions is appropriate only when aggrieved parties with locus approach the Court; previous jurisprudence permits such review but does not relax the basic requirement of a justiciable interest in every case. Interpretation and reasoning - The petitioner's substantive arguments that the Instructions fail to differentiate between types of gold articles and that conversion of jewellery into bars causes irreparable loss are not adjudicated on merits because the petition is non-maintainable. The Court confines itself to the threshold question of standing and does not decide whether the Instructions are ultra vires or unconstitutional. Ratio vs. Obiter - Ratio: Where standing is absent, the Court will not adjudicate on ultra vires or constitutional grounds. Obiter: Observations that substantive claims must be raised by affected individuals who can seek relief for alleged deprivation of property or other rights. Conclusion - No determination made on ultra vires or constitutional validity of the Instructions due to dismissal on maintainability grounds. ISSUE 3 - Alleged failure to differentiate between 'seized' and 'confiscated' goods and between jewellery with sentimental/design value and other gold Legal framework - Administrative instructions must be interpreted and applied consistently with statutory definitions and procedural safeguards; distinctions between seizure and confiscation and between types of property are relevant to remedies and restoration. Precedent treatment - The Court refers to the principle that rules or instructions may be struck down if arbitrary or if they ignore material distinctions required by law, but such review presupposes an affected party bringing a concrete challenge. Interpretation and reasoning - The petitioner's contention about lack of differentiation is noted but not adjudicated. The Court finds that policy review on such distinctions requires a litigant with a real stake and declines to proceed further in the absence of such a litigant. Ratio vs. Obiter - Ratio: Courts will not examine alleged arbitrariness or failure to make statutory distinctions where the petitioner lacks locus. Obiter: The suggestion that converting ornaments into bullion may preclude restitution and cause irreparable loss if proven by an affected party. Conclusion - Alleged failure to differentiate remains untested; the issue is left open for affected persons to raise in appropriate proceedings. RELATED PROCEDURAL OBSERVATIONS - The Court emphasizes that public interest litigation should be directed to remedying systemic neglect or protecting those denied access to justice; it is not intended to substitute for individual actions by persons who are not socially or economically disadvantaged and who can approach the courts directly. The petition and pending applications are dismissed on that basis.