Upholds Second Proceedings Under Collection of Statistics Act: “Statistical Data Vital for Economic Policy-Making”: Karnataka HC

In a significant ruling, the High Court of Karnataka, headed by Justice M. Nagaprasanna, upheld the validity of the second proceedings under the Collection of Statistics Act, 2008, against M/S. Masturlal (Pvt.) Ltd. The court dismissed the petitioner’s claim of double jeopardy and emphasized the paramount importance of statistical data for economic policy-making.

The case pertained to the petitioner’s failure to furnish required statistical data to the Government of India’s National Sample Survey Office, thus violating Section 15(1) of the Collection of Statistics Act, 2008. In a previous proceeding, the petitioner had pleaded guilty, paid a fine, and the case was closed.

However, the respondent initiated a second proceeding under Section 15(2) of the Act, as the petitioner failed to furnish the necessary data even after the first conviction. The petitioner contended that this amounted to double jeopardy, as they were being vexed twice for the same offense.

Justice M. Nagaprasanna firmly rejected the double jeopardy claim, asserting that the second proceeding under Section 15(2) operates distinctly from the earlier conviction under Section 15(1). The court stressed that statistical data plays a pivotal role in economic policy-making and is crucial for meeting challenges posed by globalization and liberalization.

“The Act’s rigorous provisions aim to ensure diligent submission of statistical data, which forms the backbone of economic planning and policy formulation for the nation,” stated Justice Nagaprasanna in the judgment.

Furthermore, the court directed the concerned court to conclude the proceedings expeditiously and within six months from the receipt of the order.

This ruling reinforces the significance of adhering to statutory requirements in providing accurate statistical data, as it has far-reaching implications on economic development and international compliances.

Date of Decision: 28th July 2023

M/S. MASTURLAL (PVT.) LTD. vs GOVERNMENT OF INDIA

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