REVISED

ITEM NO.301 Court 4 (Video Conferencing) SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 4634/2014

(Arising out of impugned final judgment and order dated 30-04-2014 in CRLA No. 1132/2012 passed by the High Court o Judicature at Bombay)

VIJAY MADANLAL CHOUDHARY & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

([ONLY W.P.(CRL.) NOS. 91/2020, 93/2020, 140/2020, 239/2020, 271/2020, 285/2020, 286/2020, 311/2020, 385/2020, 404/2020, 301/2021, 283/2021, 282/2021.SLP(CRl.) NOS. 618/2020, 3474/2020, 2435/2021, 4834/2021, 4835-36/2021, 5252/2021.T.C.(CRL.) NO. 4/2018.CRL. APPEAL NOS. 391-392/2018 AND DIARY NO. 22529/2018 TO BE LISTED] )

WITH W.P.(Crl.) No. 283/2021 (IA No. 78072/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 76191/2021 - STAY APPLICATION)

W.P.(Crl.) No. 282/2021 (IA No. 76378/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 75123/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 76376/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 75118/2021 - STAY APPLICATION)

SLP(Crl) No. 4834/2021 (IA No. 77263/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 77259/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 77260/2021 - EXEMPTION FROM FILING O.T.)

SLP(Crl) No. 4835-4836/2021

(IA No. 77267/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 77266/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 77268/2021 - EXEMPTION FROM FILING O.T.) Digitally signed by NEETU KHAJURIA Date: 2021.08.18 18:18:55 IST Reason: Signature Not Verified

Crl.A. No. 391-392/2018 (IA No. 87756/2021 - APPLICATION FOR TAGGING/DETAGGING

IA No. 28162/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 27787/2018 - PERMISSION TO FILE LENGTHY LIST OF DATES) W.P.(Crl.) No. 91/2020 (IA No. 37028/2020 - GRANT OF INTERIM RELIEF) T.C.(Crl.) No. 4/2018 (IA No. 59725/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 51388/2021 - INTERVENTION APPLICATION IA No. 59717/2020 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS IA No. 72722/2021 - WITHDRAWAL OF THE COST DEPOSITED) Diary No(s). 22529/2018 IA No. 162424/2018 - CONDONATION OF DELAY IN FILING IA No. 162428/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 162430/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 162432/2018 - EXEMPTION FROM FILING O.T.) W.P.(Crl.) No. 140/2020 (IA No. 23302/2021 - CLARIFICATION/DIRECTION IA No. 51029/2020 - EX-PARTE BAIL IA No. 51028/2020 - EXEMPTION FROM FILING AFFIDAVIT) W.P.(Crl.) No. 93/2020 (IA No. 37431/2020 - EX-PARTE AD-INTERIM RELIEF) SLP(Crl) No. 618/2020 (IA No. 13683/2020 - EXEMPTION FROM FILING O.T. IA No. 60234/2021 - GRANT OF INTERIM RELIEF IA No. 20830/2021 - INTERIM BAIL IA No. 48649/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(Crl.) No. 239/2020 (IA No. 80480/2020 - EXEMPTION FROM FILING O.T. IA No. 90308/2020 - STAY APPLICATION) SLP(Crl) No. 3474/2020 (IA No. 70385/2020 - APPLICATION FOR EXEMPTION FROM FILING TYPED DOCUMENTS IA No. 59525/2021 - CLARIFICATION/DIRECTION IA No. 27759/2021 - CLARIFICATION/DIRECTION IA No. 76660/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 59526/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 78152/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 70383/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

2

IA No. 78151/2020 - INTERVENTION APPLICATION IA No. 101404/2020 - MODIFICATION OF COURT ORDER)

W.P.(Crl.) No. 271/2020

IA No. 92818/2020 - APPROPRIATE ORDERS/DIRECTIONS IA No. 97875/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 96125/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 118722/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 108830/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 97872/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 118719/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 108829/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

W.P.(Crl.) No. 286/2020 (IA No. 97389/2020 - GRANT OF INTERIM RELIEF)

W.P.(Crl.) No. 285/2020 (IA No. 97385/2020 - EX-PARTE AD-INTERIM RELIEF)

W.P.(Crl.) No. 311/2020 (IA No. 103589/2020 - GRANT OF INTERIM RELIEF)

W.P.(Crl.) No. 385/2020 (IA No. 126173/2020 - APPLICATION FOR PERMISSION IA No. 19951/2021 - APPLICATION FOR VACATION OF INTERIM ORDER IA No. 126177/2020 - GRANT OF INTERIM RELIEF)

W.P.(Crl.) No. 404/2020 (IA No. 16319/2021 - APPLICATION FOR PERMISSION IA No. 3968/2021 - EARLY HEARING APPLICATION IA No. 132139/2020 - GRANT OF INTERIM RELIEF IA No. 132137/2020 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS)

SLP(Crl) No. 2435/2021

W.P.(Crl.) No. 301/2021 (IA No. 83801/2021 - EX-PARTE STAY IA No. 83803/2021 - EXEMPTION FROM FILING O.T.)

SLP(Crl) No. 5252/2021 (IA No. 84999/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 87669/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 84987/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 84989/2021 - EXEMPTION FROM FILING O.T. IA No. 87668/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 30-07-2021 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Parties: Mr. Tushar Mehta, SG Mr. S.P.V. Raju, ASG Mr. Aman Lekhi, ASG Mr. K.M. Nataraj, ASG Mr. Rajat Nair, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Anshuman Singh, Adv. Mr. Zoheb Hussain, Adv. Mr. Kanu Agarwal, Adv. Ms. Binu Tamta, Adv. Ms. Shradha Deshmukh, Adv. Mr. Arvind Kumar Sharma, AOR Mr. B.V. Balram Das, AOR Mr. Vikram Chaudhri, Sr. Adv. Mr. Harshit Sethi, Adv. Mr. Keshavam Chaudhri, Adv. Mr. Rishi Sehgal, Adv. Ms. Ria Khanna, Adv. Mr. Raktim Gogoi, Adv. Mr. Kartikeya Singh, Adv. Mr. Sangram S. Saron, Adv. Mr. Vinod Kumar jain, Adv. Mr. Satya Prakash, Adv. Mr. Anand Dilip Dagga, Adv. Mr. Devanshu Yadav, Adv. Ms. Anzu K. Varkey, AOR Mr. Amit k. Nain, AOR Mr. Nikhil Jain, AOR Mr. Avadh Bihari Kaushik, AOR Mr. Kapil Sibal, Sr. Adv. Mrs. Shally Bhasin, AOR Mr. Arshdeep Singh Khurana, Adv. Mr. Prateek Chadha, Adv. Mr. Adit S. Pujari, Adv. Mr. Akshat Gupta, ADv. Ms. Madhavi Agarwal, Adv. Mr. Saurabh Kirpal, Sr. Adv. Mr. Mukul Rohatgi, Sr. Adv. Mr. Mayank Jain, Adv. Mr. Parmatma Singh, AOR Mr. Madhur Jain, Adv.

Mr. Shivinder Mohan Singh, Sr. Adv. Mr. Siddharth Luthra, Sr. Adv. Mr. Mahesh Agarwal, Adv. Ms. Shally Bhasin, Adv. Mr. Shri Singh, Adv. Mr. Abhishek Singh, Adv. Mr. Prateek Gupta, Adv. Mr. Madhur Mahajan, Adv. Ms. Ambika Mathur, Adv. Ms. Padma Venkatraman, Adv. Mr. Asif Ahmed, Adv. Mr. Bharat Monga, Adv. Mr. E. C. Agrawala, AOR Mr. Siddharth Luthra, Sr. Adv. Mr. Nalin Kohli, Adv. Mr. Tarun Dua, AOR Mr. Anant Garg, Adv. Mr. Asif Ahmad, Adv. Mr. Ankit Roy, Adv. Mr Naveen Malhotra, Adv. Ms. Natasha Vinayak, AOR Mr. G.sivabalamurugan, AOR Ms. Christi Jain, AOR Mr. Chirag M. Shroff, AOR Ms. Deepanwita Priyanka, Adv. Mr. Aniruddha P. Mayee, AOR Mr. Satish Pandey, AOR Mr. Prabhoo Dayal Tiwari, Adv. Mr. Umang Tripathi, Adv. Mr. Raghvendra Kumar, Adv. Ms. Radha Tarkar, Adv. Mr. Shivam Sharma, Adv. Mr. Raj Kishor Choudhary, AOR Mr. Varun Raghavan, Adv. Mr. Shakeel Ahmed, Adv. Ms. Malvika Raghavan, Adv. Ms. Richa Pandey, Adv. Mr. Anupam Bhati, Adv. Mr. Nakul Chaudhary, Adv. Mr. Anshuman Sinha, Adv. Mr. Vijay Pande, Adv. Ms. Jaikriti S. Jadeja, AOR Ms. Pragya Sharma, Adv.

Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. V.M. Kannan, Adv. Mrs. Shubhra Kapur, Adv. Mr. Arjun Bhatia, Adv. Mrs. Jaspreet Gogia, AOR Ms. Mandakini Singh, Adv. Mr. Karanvir Gogia, Adv. Ms. Shivangi Singhal, Adv. Ms. Ashima Mandla, Adv. Mr. A.P. Singh, Adv. Mr. Shreyansh Rathi, Adv. For M/S. M. V. Kini & Associates, AOR Mr. Sunil Fernandes, AOR Mr. Swaroop Anand, Adv. Ms. Nupur kumar, Adv. Mr. Prastut Dalvi, Adv. Mr. Darpan Sachdeva, Adv. Mr. Shubham Sharma, Adv. Mr. Malak Manish Bhatt, AOR Mr. Gautam Khazanchi, Adv. Ms. Neeha Nagpal, Adv. Mr. Rahul Chitnis, Adv. Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Mr. Ashok Panigrahi, Adv. Mr. B. Krishna Prasad, AOR Mr. Rohit Sharma, Adv. Mr. Atul Agarwal, Adv. Mr. Kumar Dushyant Singh, AOR Mr. Syed Ahmed Saud, Adv. M/s. Shakil Ahmad Syed, AOR Mr. Balaji Srinivasan, AOR Mr. O. P. Gaggar, AOR Mr. M. T. George, AOR Ms. Rooh-e-hina Dua, AOR Mr. S. K. Verma, AOR

Mr. Rishi Malhotra, AOR Ms. Natasha Dalmia, AOR

UPON hearing the counsel the Court made the following O R D E R

W.P.(Crl.) No.283/2021

This is a fresh matter pertaining to the batch of cases, notified for hearing on 3rd August, 2021.

No ex-parte ad-interim relief can be granted.

The petitioner(s) must first serve advance copy of the petition on the Central Agency and the standing counsel for the State of Maharashtra.

List the matter on 03.08.2021 along with No(s). SLP(Crl.)No.4634/2014 and connected cases.

W.P.(Crl.) No.282/2021, 91/2020, 93/2020, 239/2020, 286/2020, 285/2020, 311/2020, 404/2020

In these writ petitions, besides challenging the constitutional validity of the relevant provision(s), the petitioner(s) are also praying for quashing of proceedings and during the pendency of the writ petition(s) to grant interim relief of staying of further proceedings relating to summons under Section 50 of the Prevention of Money Laundering Act, 2002, issued by the concerned authority and direct no coercive step be taken against the petitioner(s) in connection with the summons so issued.

As regards the first part of the interim relief, not even a single order has been brought to our notice where such relief is granted.

The petitioner(s) are relying on orders passed in other connected cases directing no coercive steps be taken against concerned writ petitioners.

As regards that order, learned Solicitor General commended to us that it is time that even those orders need to be reconsidered. He has relied on order passed by three Judge Bench of this Court to buttress this submission.

As that order has already been passed in few number of cases, which are coming up for hearing on 03.08.2021, it would be appropriate to list these matter(s) along with those cases so that similar orders are passed in all cases with regard to interim relief of no coercive steps, as prayed.

Accordingly, these petitions be listed on 03.08.2021 along with SLP(Crl.)No.4634/2014 and connected cases, on which date, the request to grant ad-interim relief, at least of no coercive steps be taken against the petitioners as granted in the other cases, will be considered.

SLP(Crl.)No.4834/2021

Heard counsel for the parties.

Considering the fact that the petitioner (Shyam

Kishore Gupta) is in custody in connection with the stated offence since 13.03.2020, coupled with the fact that the investigation is completed and charge-sheet has also been filed, including the fact that provisional attachment of properties of the petitioner have been confirmed against him and as per the prosecution case, the amount as regards the petitioner is concerned, is only rupees four crores, in the interest of justice, we direct release of the petitioner on interim bail in connection with Complaint Case No.ECIR No.RNSZO/02/2017 dated 25.08.2017 on such terms and conditions to be imposed by the trial Court, making it amply clear that the petitioner should report to the Investigating Officer periodically and also make himself available before the Court whenever the matter is proceeded before the Court.

It will be open to the trial Court to direct the petitioner to deposit his passport with the trial Court and may impose other conditions as may be necessary for the release of the petitioner.

We make it clear that this order has been passed in the facts and circumstances of the present case.

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021, for hearing.

The interim relief to continue till further orders, to be passed by this Court.

9

SLP(Crl) No.4835-4836/2021

List these matters along with Special Leave Petition (Crl.) Diary No.28906/2019 and other connected cases on 3rd August, 2021.

Crl.A.No.391-392/2018

I.A. No.987756/2021 for de-tagging the present criminal appeals from Criminal Appeal No.1269 of 2017 is not pressed. Hence disposed of accordingly.

Learned Additional Solicitor General prays for time to take instructions in reference to relief claimed in I.A. No.89201/2021.

List I.A. No.89201/2021 together with Criminal Appeal Nos.391-392 of 2018 along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

T.C.(Crl.) No.4/2018

I.A. No.72722/2021- This application deserves to be allowed in terms of prayer clause (a) in light of condition No.(iv) of order dated 22.02.2021, which is a self-operating order. We order accordingly.

The amount be released forthwith subject to

verification.

Diary No.22529/2018

List this matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

Liberty is granted to the respondent(s) to file additional paper-book of left out documents, which were part of the record before the High Court.

W.P.(Crl.) No.140/2020

Learned counsel for the petitioner, in all fairness, submits that I.A. No.23302 of 2021 has become infructuous and may be dismissed as such. We order accordingly.

List the writ petition along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

SLP(Crl.) No.618/2020

Mr. Aman Lekhi, learned Additional Solicitor General appearing for the respondent, submits that the co-accused associated in the commission of offence along with the petitioner herein are absconding, as a result of which, the trial has not proceeded so far.

He further submits that he has advised the Investigating Officer to file an application to segregate the trial so far as the petitioner herein is concerned. That application, we are told, is being filed very shortly.

Mr. Sidharth Luthra, learned senior counsel appearing for the petitioner, submits that coaccused has been released on interim bail.

Let copy of that order be placed on record and also an affidavit pointing out as to how parity can be claimed by the petitioner.

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

SLP(Crl.) No.3474/2020

It is not in dispute that the respondent is in custody in connection with some other case. Hence, there is no urgency to consider interim bail application (I.A. No.59525/2021).

Let the application (I.A. Nos.59525/2021 and 101404/2020) be listed together with the main petition on 3rd August, 2021 along with SLP(Crl.)No.4634/2014 and connected cases.

In the event an order to release the respondent herein is passed in the other criminal case, it will be open to the respondent to renew prayer for immediate hearing of interim bail application.

W.P.(Crl.) No.271/2020

Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to pursue other remedies as may be available to the petitioner, including applying for discharge, quashing or bail. That be considered on its own merits in accordance with law. We order accordingly.

W.P.(Crl.) No.385/2020

List I.A. No.1995/2021 - application for vacating of interim order together with the writ petition on 3rd August, 2021 along with SLP(Crl.)No.4634/2014 and connected cases.

SLP(Crl.) No.2435/2021

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

W.P.(Crl.) No.301/2021

Petitioner(s) to serve advance copy of the petition on the standing counsel for the respondent.

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

SLP(Crl.) No.5252/2021

As the provisional attachment order has been made final, which order is the subject matter of challenge in this special leave petition, the petitioner undertakes through counsel to maintain status quo with regard to the property in question until further orders to be passed by this Court.

In that view of the matter, the eviction notice issued on 16th July, 2021 by the office of Joint Director, Directorate of Enforcement, Bengaluru Zonal Office, shall be kept in abeyance till the further hearing of the main petition i.e. SLP(Crl.) No.5252/2021.

14

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

(NEETU KHAJURIA) COURT MASTER

ANITA RANI AHUJA ASSISTANT REGISTRAR ITEM NO.301 Court 4 (Video Conferencing) SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 4634/2014

(Arising out of impugned final judgment and order dated 30-04-2014 in CRLA No. 1132/2012 passed by the High Court o Judicature at Bombay)

VIJAY MADANLAL CHOUDHARY & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

([ONLY W.P.(CRL.) NOS. 91/2020, 93/2020, 140/2020, 239/2020, 271/2020, 285/2020, 286/2020, 311/2020, 385/2020, 404/2020, 301/2021, 283/2021, 282/2021.SLP(CRl.) NOS. 618/2020, 3474/2020, 2435/2021, 4834/2021, 4835-36/2021, 5252/2021.T.C.(CRL.) NO. 4/2018.CRL. APPEAL NOS. 391-392/2018 AND DIARY NO. 22529/2018 TO BE LISTED] )

WITH W.P.(Crl.) No. 283/2021 (IA No. 78072/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 76191/2021 - STAY APPLICATION)

W.P.(Crl.) No. 282/2021 (IA No. 76378/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 75123/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 76376/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 75118/2021 - STAY APPLICATION)

SLP(Crl) No. 4834/2021 (IA No. 77263/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 77259/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 77260/2021 - EXEMPTION FROM FILING O.T.)

SLP(Crl) No. 4835-4836/2021 (IA No. 77267/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 77266/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 77268/2021 - EXEMPTION FROM FILING O.T.)

Crl.A. No. 391-392/2018 (IA No. 87756/2021 - APPLICATION FOR TAGGING/DETAGGING IA No. 28162/2020 - PERMISSION TO FILE ADDITIONAL

DOCUMENTS/FACTS/ANNEXURES IA No. 27787/2018 - PERMISSION TO FILE LENGTHY LIST OF DATES) W.P.(Crl.) No. 91/2020 (IA No. 37028/2020 - GRANT OF INTERIM RELIEF) T.C.(Crl.) No. 4/2018 (IA No. 59725/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 51388/2021 - INTERVENTION APPLICATION IA No. 59717/2020 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS IA No. 72722/2021 - WITHDRAWAL OF THE COST DEPOSITED) Diary No(s). 22529/2018 IA No. 162424/2018 - CONDONATION OF DELAY IN FILING IA No. 162428/2018 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 162430/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 162432/2018 - EXEMPTION FROM FILING O.T.) W.P.(Crl.) No. 140/2020 (IA No. 23302/2021 - CLARIFICATION/DIRECTION IA No. 51029/2020 - EX-PARTE BAIL IA No. 51028/2020 - EXEMPTION FROM FILING AFFIDAVIT) W.P.(Crl.) No. 93/2020 (IA No. 37431/2020 - EX-PARTE AD-INTERIM RELIEF) SLP(Crl) No. 618/2020 (IA No. 13683/2020 - EXEMPTION FROM FILING O.T. IA No. 60234/2021 - GRANT OF INTERIM RELIEF IA No. 20830/2021 - INTERIM BAIL IA No. 48649/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(Crl.) No. 239/2020 (IA No. 80480/2020 - EXEMPTION FROM FILING O.T. IA No. 90308/2020 - STAY APPLICATION) SLP(Crl) No. 3474/2020 (IA No. 70385/2020 - APPLICATION FOR EXEMPTION FROM FILING TYPED DOCUMENTS IA No. 59525/2021 - CLARIFICATION/DIRECTION IA No. 27759/2021 - CLARIFICATION/DIRECTION IA No. 76660/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 59526/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 78152/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 70383/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 78151/2020 - INTERVENTION APPLICATION

IA No. 101404/2020 - MODIFICATION OF COURT ORDER) W.P.(Crl.) No. 271/2020 IA No. 92818/2020 - APPROPRIATE ORDERS/DIRECTIONS IA No. 97875/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 96125/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 118722/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 108830/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 97872/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 118719/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 108829/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(Crl.) No. 286/2020 (IA No. 97389/2020 - GRANT OF INTERIM RELIEF) W.P.(Crl.) No. 285/2020 (IA No. 97385/2020 - EX-PARTE AD-INTERIM RELIEF) W.P.(Crl.) No. 311/2020 (IA No. 103589/2020 - GRANT OF INTERIM RELIEF) W.P.(Crl.) No. 385/2020 (IA No. 126173/2020 - APPLICATION FOR PERMISSION IA No. 19951/2021 - APPLICATION FOR VACATION OF INTERIM ORDER IA No. 126177/2020 - GRANT OF INTERIM RELIEF) W.P.(Crl.) No. 404/2020 (IA No. 16319/2021 - APPLICATION FOR PERMISSION IA No. 3968/2021 - EARLY HEARING APPLICATION IA No. 132139/2020 - GRANT OF INTERIM RELIEF IA No. 132137/2020 - PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS) SLP(Crl) No. 2435/2021 W.P.(Crl.) No. 301/2021 (IA No. 83801/2021 - EX-PARTE STAY IA No. 83803/2021 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 5252/2021 (IA No. 84999/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 87669/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 84987/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 84989/2021 - EXEMPTION FROM FILING O.T. IA No. 87668/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 30-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE KRISHNA MURARI

HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

For Parties: Mr. Tushar Mehta, SG Mr. S.P.V. Raju, ASG Mr. Aman Lekhi, ASG Mr. K.M. Nataraj, ASG Mr. Rajat Nair, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Anshuman Singh, Adv. Mr. Zoheb Hussain, Adv. Mr. Kanu Agarwal, Adv. Ms. Binu Tamta, Adv. Ms. Shradha Deshmukh, Adv. Mr. Arvind Kumar Sharma, AOR Mr. B.V. Balram Das, AOR Mr. Vikram Chaudhri, Sr. Adv. Mr. Harshit Sethi, Adv. Mr. Keshavam Chaudhri, Adv. Mr. Rishi Sehgal, Adv. Ms. Ria Khanna, Adv. Mr. Raktim Gogoi, Adv. Mr. Kartikeya Singh, Adv. Mr. Sangram S. Saron, Adv. Mr. Vinod Kumar jain, Adv. Mr. Satya Prakash, Adv. Mr. Anand Dilip Dagga, Adv. Mr. Devanshu Yadav, Adv. Ms. Anzu K. Varkey, AOR Mr. Amit k. Nain, AOR Mr. Nikhil Jain, AOR Mr. Avadh Bihari Kaushik, AOR Mr. Kapil Sibal, Sr. Adv. Mrs. Shally Bhasin, AOR Mr. Arshdeep Singh Khurana, Adv. Mr. Prateek Chadha, Adv. Mr. Adit S. Pujari, Adv. Mr. Akshat Gupta, ADv. Ms. Madhavi Agarwal, Adv. Mr. Saurabh Kirpal, Sr. Adv. Mr. Mukul Rohatgi, Sr. Adv. Mr. Mayank Jain, Adv. Mr. Parmatma Singh, AOR Mr. Madhur Jain, Adv. Mr. Shivinder Mohan Singh, Sr. Adv. Mr. Siddharth Luthra, Sr. Adv. Mr. Mahesh Agarwal, Adv. Ms. Shally Bhasin, Adv. Mr. Shri Singh, Adv. Mr. Abhishek Singh, Adv. Mr. Prateek Gupta, Adv. Mr. Madhur Mahajan, Adv. Ms. Ambika Mathur, Adv. Ms. Padma Venkatraman, Adv. Mr. Asif Ahmed, Adv. Mr. Bharat Monga, Adv. Mr. E. C. Agrawala, AOR Mr. Siddharth Luthra, Sr. Adv. Mr. Nalin Kohli, Adv. Mr. Tarun Dua, AOR Mr. Anant Garg, Adv. Mr. Asif Ahmad, Adv. Mr. Ankit Roy, Adv. Mr Naveen Malhotra, Adv. Ms. Natasha Vinayak, AOR Mr. G.sivabalamurugan, AOR Ms. Christi Jain, AOR Mr. Chirag M. Shroff, AOR Ms. Deepanwita Priyanka, Adv. Mr. Aniruddha P. Mayee, AOR Mr. Satish Pandey, AOR Mr. Prabhoo Dayal Tiwari, Adv. Mr. Umang Tripathi, Adv. Mr. Raghvendra Kumar, Adv. Ms. Radha Tarkar, Adv. Mr. Shivam Sharma, Adv. Mr. Raj Kishor Choudhary, AOR Mr. Varun Raghavan, Adv. Mr. Shakeel Ahmed, Adv. Ms. Malvika Raghavan, Adv. Ms. Richa Pandey, Adv. Mr. Anupam Bhati, Adv. Mr. Nakul Chaudhary, Adv. Mr. Anshuman Sinha, Adv. Mr. Vijay Pande, Adv. Ms. Jaikriti S. Jadeja, AOR Ms. Pragya Sharma, Adv.

Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. V.M. Kannan, Adv. Mrs. Shubhra Kapur, Adv. Mr. Arjun Bhatia, Adv. Mrs. Jaspreet Gogia, AOR Ms. Mandakini Singh, Adv. Mr. Karanvir Gogia, Adv. Ms. Shivangi Singhal, Adv. Ms. Ashima Mandla, Adv. Mr. A.P. Singh, Adv. Mr. Shreyansh Rathi, Adv. For M/S. M. V. Kini & Associates, AOR Mr. Sunil Fernandes, AOR Mr. Swaroop Anand, Adv. Ms. Nupur kumar, Adv. Mr. Prastut Dalvi, Adv. Mr. Darpan Sachdeva, Adv. Mr. Shubham Sharma, Adv. Mr. Malak Manish Bhatt, AOR Mr. Gautam Khazanchi, Adv. Ms. Neeha Nagpal, Adv. Mr. Rahul Chitnis, Adv. Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Mr. Ashok Panigrahi, Adv. Mr. B. Krishna Prasad, AOR Mr. Rohit Sharma, Adv. Mr. Atul Agarwal, Adv. Mr. Kumar Dushyant Singh, AOR Mr. Syed Ahmed Saud, Adv. M/s. Shakil Ahmad Syed, AOR Mr. Balaji Srinivasan, AOR Mr. O. P. Gaggar, AOR Mr. M. T. George, AOR Ms. Rooh-e-hina Dua, AOR Mr. S. K. Verma, AOR Mr. Rishi Malhotra, AOR

Ms. Natasha Dalmia, AOR

UPON hearing the counsel the Court made the following O R D E R

W.P.(Crl.) No.283/2021

This is a fresh matter pertaining to the batch of cases, notified for hearing on 3rd August, 2021.

No ex-parte ad-interim relief can be granted.

The petitioner(s) must first serve advance copy of the petition on the Central Agency and the standing counsel for the State of Maharashtra.

List the matter on 03.08.2021 along with No(s). SLP(Crl.)No.4634/2014 and connected cases.

W.P.(Crl.) No.282/2021, 91/2020, 93/2020, 239/2020, 286/2020, 285/2020, 311/2020, 404/2020

In these writ petitions, besides challenging the constitutional validity of the relevant provision(s), the petitioner(s) are also praying for quashing of proceedings and during the pendency of the writ petition(s) to grant interim relief of staying of further proceedings relating to summons under Section 50 of the Prevention of Money Laundering Act, 2002, issued by the concerned authority and direct no coercive step be taken against the petitioner(s) in connection with the summons so issued.

As regards the first part of the interim relief, not even a single order has been brought to our notice where such relief is granted.

The petitioner(s) are relying on orders passed in other connected cases directing no coercive steps be taken against concerned writ petitioners.

As regards that order, learned Solicitor General commended to us that it is time that even those orders need to be reconsidered. He has relied on order passed by three Judge Bench of this Court to rebut this submission.

As that order has already been passed in few number of cases, which are coming up for hearing on 03.08.2021, it would be appropriate to list these matter(s) along with those cases so that similar orders are passed in all cases with regard to interim relief of no coercive steps, as prayed.

Accordingly, these petitions be listed on 03.08.2021 along with SLP(Crl.)No.4634/2014 and connected cases, on which date, the request to grant ad-interim relief, at least of no coercive steps be taken against the petitioners as granted in the other cases, will be considered.

SLP(Crl.)No.4834/2021

Heard counsel for the parties.

Considering the fact that the petitioner (Shyam

Kishore Gupta) is in custody in connection with the stated offence since 13.03.2020, coupled with the fact that the investigation is completed and charge-sheet has also been filed, including the fact that provisional attachment of properties of the petitioner have been confirmed against him and as per the prosecution case, the amount as regards the petitioner is concerned, is only rupees four crores, in the interest of justice, we direct release of the petitioner on interim bail in connection with Complaint Case No.ECIR No.RNSZO/02/2017 dated 25.08.2017 on such terms and conditions to be imposed by the trial Court, making it amply clear that the petitioner should report to the Investigating Officer periodically and also make himself available before the Court whenever the matter is proceeded before the Court.

It will be open to the trial Court to direct the petitioner to deposit his passport with the trial Court and may impose other conditions as may be necessary for the release of the petitioner.

We make it clear that this order has been passed in the facts and circumstances of the present case.

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021, for hearing.

The interim relief to continue till further orders, to be passed by this Court.

24

SLP(Crl) No.4835-4836/2021

List these matters along with Special Leave Petition (Crl.) Diary No.28906/2019 and other connected cases on 3rd August, 2021.

Crl.A.No.391-392/2018

I.A. No.987756/2021 for de-tagging the present criminal appeals from Criminal Appeal No.1269 of 2017 is not pressed. Hence disposed of accordingly.

Learned Additional Solicitor General prays for time to take instructions in reference to relief claimed in I.A. No.89201/2021.

List I.A. No.89201/2021 together with Criminal Appeal Nos.391-392 of 2018 along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

T.C.(Crl.) No.4/2018

I.A. No.72722/2021- This application ought to be allowed in terms of prayer clause (a) in light of condition No.(iv) of order dated 22.02.2021, which is a self-operating order. We order accordingly.

The amount be released forthwith subject to

verification.

Diary No.22529/2018

List this matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

Liberty is granted to the respondent(s) to file additional paper-book of left out documents, which were part of the record before the High Court.

W.P.(Crl.) No.140/2020

Learned counsel for the petitioner, in all fairness, submits that I.A. No.23302 of 2021 has become infructuous and may be dismissed as such. We order accordingly.

List the writ petition along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

SLP(Crl.) No.618/2020

Mr. Aman Lekhi, learned Additional Solicitor General appearing for the respondent, submits that the co-accused associated in the commission of offence along with the petitioner herein are absconding, as a result of which, the trial has not proceeded so far.

He further submits that he has advised the Investigating Officer to file an application to segregate the trial so far as the petitioner herein is concerned. That application, we are told, is being filed very shortly.

Mr. Sidharth Luthra, learned senior counsel appearing for the petitioner, submits that coaccused has been released on interim bail.

Let copy of that order be placed on record and also an affidavit pointing out as to how parity can be claimed by the petitioner.

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

SLP(Crl.) No.3474/2020

It is not in dispute that the respondent is in custody in connection with some other case. Hence, there is no urgency to consider interim bail application (I.A. No.59525/2021).

Let the application (I.A. Nos.59525/2021 and 101404/2020) be listed together with the main petition on 3rd August, 2021 along with SLP(Crl.)No.4634/2014 and connected cases.

In the event an order to release the respondent herein is passed in the other criminal case, it will be open to the respondent to renew prayer for immediate hearing of interim bail application.

W.P.(Crl.) No.271/2020

Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to pursue other remedies as may be available to the petitioner, including applying for discharge, quashing or bail. That be considered on its own merits in accordance with law. We order accordingly.

W.P.(Crl.) No.385/2020

List I.A. No.1995/2021 - application for vacating of interim order together with the writ petition on 3rd August, 2021 along with SLP(Crl.)No.4634/2014 and connected cases.

SLP(Crl.) No.2435/2021

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

W.P.(Crl.) No.301/2021

Petitioner(s) to serve advance copy of the petition on the standing counsel for the respondent.

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

SLP(Crl.) No.5252/2021

As the provisional attachment order has been made final, which order is the subject matter of challenge in this special leave petition, the petitioner undertakes through counsel to maintain status quo with regard to the property in question until further orders to be passed by this Court.

In that view of the matter, the eviction notice issued on 16th July, 2021 by the office of Joint Director, Directorate of Enforcement, Bengaluru Zonal Office, shall be kept in abeyance till the further hearing of the main petition i.e. SLP(Crl.) No.5252/2021.

List the matter along with SLP(Crl.)No.4634/2014 and connected cases on 3rd August, 2021.

(NEETU KHAJURIA) COURT MASTER

ANITA RANI AHUJA ASSISTANT REGISTRAR