The Supreme Court (SC) has issued a mandamus order to the government to strictly follow the Consumer Protection Act, 1998 while taking action against anyone even if he/she is involved in illegal activities.
Acting upon a Public Interest Litigation (PIL) filed by advocate Jyoti Baniya, a division bench of Justices Khil Raj Regmi and Gauri Dhakal said, “Legal provisions must be followed while taking action against anyone. Prosecute after taking advice from the government attorney.”
The apex court ordered the authorities to produce any case to a concerned district court if anyone violates the Act but not decide any case like a court of law.
The petitioner moved the apex court seeking its order to the Prime Minister’s Office and Cabinet, the Ministry of Industry and Commerce and the Department of Commerce (DoC) claiming that the DoC had illegally taken action against hundreds of businessmen violating the Act.
The petitioner also claimed that the DoC had taken action against 2184 businessmen in 2002 and more than 2000 in 2003 without producing them before any court of law.