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New Delhi, May 2: The Monopolies and Restrictive Trade Practices Commission (MRTPC) appeared to have got a new lease of life with the Centre today promising before the Supreme Court to appoint its new chairperson ?soon? ? a post lying vacant for a long time.
The Centre submitted that it would appoint a chairman to MRTPC ?within three weeks?. This was stated by additional solicitor-general Amarendra Saran before a bench comprising Chief Justice R. C. Lahoti, Justice A. R. Lakshmanan and Justice G. P. Mathur, which was hearing a petition filed by Janaradan Prasad Jaiswal.
This is a clear indication that the Competition Commission of India (CCI), which was a threat to the existence of MRTPC, would not be established at least for the time being.
The petitioner, through counsel Anil Kumar Jha, had alleged that many matters relating to restrictive practices adopted by companies were pending adjudication before the MRTPC but in the absence of a chairperson, benches of the commission had not been constituted to hear these matters.
The petitioner had said the hyped Competition Commission, which got mired in a controversy relating to its jurisdiction and selection of a chairperson, has not started functioning yet, creating a hiatus in the adjudication of disputes pertaining to restrictive trade practices.
At this point, Saran stated before the court that the Centre has decided to appoint the chairperson of MRTPC within three weeks.
The court recorded the statement given on behalf of the Union government and adjourned the hearing on the petition.
The Supreme Court had earlier objected to the appointment of a technocrat as CCI chairman. and said that a judicial person should head a commission that would adjudicate cases. It also added that orders of a ?non judicial person? could not be enforced by a court of law which would undermine the dignity of the judiciary. In all the earlier hearings the Centre had vehemently argued against the suggestion of the apex court.
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