The Supreme Courtroom Tuesday stayed the Bombay Excessive Courtroom order directing the Enforcement Directorate to permit cross examination of 5 individuals by former IPL commissioner Lalit Modi in a case of alleged violation of the International Trade Administration Act (FEMA).
A bench of Justices RF Nariman, Navin Sinha and Krishna Murari sought response from Modi on the ED plea and tagged the matter with different appeals associated to the case.
“In the intervening time, there shall be keep of operation of the impugned judgment and order of the Excessive Courtroom,” the bench stated, whereas issuing discover to Lalit Modi within the matter.
On June 20, 2019, the Excessive Courtroom had put aside three communications of the ED together with considered one of July 8, 2018, to the extent that it refuses to grant cross examination of the individuals whose statements are relied upon by the company.
It had stated, “The Respondent No.1 (ED) is directed to supply cross examination of all individuals on whose statements, it seeks to depend on for adjudication”.
Modi had sought cross examination of former BCCI president N Srinivasan, Peter Griffith, Andrew Wildblood, A Ok Nazeer Khan and D Ok Singh (complainant), whose statements are being relied upon by the ED within the adjudication proceedings.
Lalit Modi had additionally sought joint listening to of all of the individuals served the present trigger notices from the ED which was additionally rejected by the company by communication dated January 8, 2018.
The Excessive Courtroom whereas setting apart the communication of January 8, 2018, stated that ED would take into account the prayer for joint listening to and cross an acceptable order in consonance with ideas of pure justice.
It had additionally put aside the ED’s communication dated August 21, 2018, to the extent it refuses to offer the copy of BCCI to the showcause discover dated July 20, 2011.
The Excessive Courtroom had stated, “The Respondent No.1 (ED) would take into account afresh the request and cross an order in accordance with precept of pure justice”.
The case commenced consequent to grievance dated July 13, 2011 beneath the provisions of FEMA Act made by ED official DK Singh.
On the premise of the grievance, ED had issued the showcause discover dated July 20, 2011 to the BCCI, N Srinivasan, M P Pandov and Lalit Modi.
The premise of the discover was that BCCI had employed advisor – Worldwide Administration Group UK Ltd., (IMG) and funds made to it had been in breach of the FEMA Act.
Lalit Modi and others had been being proceeded in opposition to beneath Part 42 of the FEMA Act, as being individual’s in-charge/ in charge of the then administration of BCCI.