Supreme Court stays Bombay HC order favouring Lalit Modi in FEMA case

Published: 27 October, 2020 21:40 IST | IANS | Mumbai

The Bombay High Court had asked the Enforcement Directorate to consider afresh a request for giving Modi the reply of BCCI to their show cause notice in 2011

Lalit Modi
Lalit Modi

The Supreme Court on Tuesday stayed the Bombay High Court's 2019 order in favour of fugitive businessman Lalit Modi, who had sought to cross-examine BCCI officials in connection with alleged FEMA violation case.

The Bombay High Court had asked the Enforcement Directorate to consider afresh a request for giving Modi the reply of BCCI to their show cause notice in 2011. The agency appealed the order in the apex court.

Solicitor General Tushar Mehta, representing the EC, urged the top court to stay the High Court order.

After a brief hearing in the matter, a bench comprising Justices Rohinton Fali Nariman, Navin Sinha and Krishna Murari said: "Issue notice. In the meanwhile, there shall be stay of operation of the impugned judgment and order of the High Court."

Lalit Modi approached the High Court against the decisions, in August 2017 and January 2018, of the Director of Enforcement, as an adjudicating authority under the Foreign Exchange Management Act, 1999 and Foreign Exchange Management (Adjudication Proceedings and Appeals) Rules, 2000.

He has contended that the Director's order rejects Modi's application for a copy of the reply filed by BCCI, the main notice in the show cause notice issued in July 2011, which was also issued to him.

Modi's grievance with the January 2018 order was it declines to grant cross examination of five persons, namely N. Srinivasan, Peter Griffith, Andrew Wildblood, A. K. Nazeer Khan, and D. K. Singh (complainant), whose statements are being relied upon by the ED in adjudication proceedings evident from the 2011 show cause notice, issued by BCCI to Modi.

The High Court had said that the ED would consider afresh the request made by Modi and pass an order in accordance with natural justice. Modi had also challenged the January 2018 decision, stating it did not permit a joint hearing to all the noticees to the notice dated July 20, 2011.

Keep scrolling to read more news

Catch up on all the latest Crime, National, International and Hatke news here. Also download the new mid-day Android and iOS apps to get latest updates.

Mid-Day is now on Telegram. Click here to join our channel (@middayinfomedialtd) and stay updated with the latest news

This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever

Sign up for all the latest news, top galleries and trending videos from Mid-day.com

Subscribe
loading image
This website uses cookie or similar technologies, to enhance your browsing experience and provide personalised recommendations. By continuing to use our website, you agree to our Privacy Policy and Cookie Policy. OK