Anti-Dumping Duty levy can only be for a limited period – Supreme Court

IN THE SUPREME COURT OF INDIA

The Relevant Text of the Order as follows :

32. Access to judicial review is a valuable right conferred upon citizens and persons aggrieved; the Constitution arms the High Courts and this court with powers under Articles 226 and 32. At the same time, barring exceptional features necessitating intervention in an ongoing investigation triggered by a complaint by the concerned domestic industry, judicial review should not be exercised virtually as a continuous oversight of the DA’s functions. This court has cautioned more than once, that judicial review is to be exercised in a circumspect manner, especially where final findings are rendered by the DA.

33. For the foregoing reasons, this court is of the opinion that the impugned orders, i.e., the order dated 28.08.2018 issuing specific directions for anti-dumping investigation into articles imported from EU; the order dated 22.07.2019 (initiating contempt proceedings against the DA) and the order dated 05.08.2019 have to be set aside. The first two orders are accordingly set aside. The third order (dated 05.08.2019), to the extent that it directs the replacement of the incumbent DA, is set aside. The appeals are allowed in the above terms, without order on costs.