Supreme Court stays Bombay HC order favouring Lalit Modi in FEMA 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 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.
The #SupremeCourt on Tuesday stayed the #BombayHighCourt's 2019 order in favour of fugitive businessman #LalitModi (@LalitKModi), who had sought to cross-examine BCCI officials in connection with alleged FEMA violation case.— IANS Tweets (@ians_india) October 27, 2020
Photo: IANS (File) pic.twitter.com/5LOtfMjPPF
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.
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