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Supreme Court - Daily Orders

Central Bureau Of Investigation vs Karti P Chidambaram on 20 November, 2017

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

                                                                             OUT TODAY
     ITEM NO.55                           COURT NO.1                SECTION XII

                               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 (C) No(s).20699-20700/2017

     (Arising out of impugned final judgment and order dated 10-08-2017
     in WP No.21305/2017 & WP No.20798/2017 passed by the High Court Of
     Judicature At Madras)

     CENTRAL BUREAU OF INVESTIGATION                                 Petitioner(s)

                                                 VERSUS

     KARTI P CHIDAMBARAM & ORS.                                      Respondent(s)

     (IA No.73335/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.73336/2017-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS and IA No.74845/2017-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS and IA No.76436/2017-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS

     WITH
     ITEM NO.55.1 - SLP(C) No.21169-21170/2017 (XII)

     Date : 20-11-2017 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE A.M. KHANWILKAR
                         HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

     For Petitioner(s)             Mr.   Tushar Mehta, ASG
                                   Mr.   Shiv Mangal Sharma, Adv.
                                   Mr.   Saurabh Shyam Shamshery, Adv.
                                   Mr.   Rajat Nair, Adv.
                                   Mr.   Manan Popli, Adv.
                                   Ms.   D. Priyanka, Adv.
                                   Ms.   Swati Ghildiyal, Adv.
                                   Mr.   Shrey Kapoor, Adv.
                                   Mr.   Adit K., Adv.
                                   Ms.   Nupur Sharma, Adv.
                                   Mr.   Mukesh Kumar Maroria, AOR

     For Respondent(s)   Mr. Kapil Sibal, Sr. Adv.
     SLP(C)-20699-700/17 Mr. Gopal Subramanium, Sr. Adv.
Signature Not Verified

Digitally signed by
                         Mrs. Shally Bhasin, AOR
SATISH KUMAR YADAV
Date: 2017.11.20
17:23:05 IST

     SLP(C)-21169-170/17 Mr.
Reason:
                                         Raju Ramachandran, Sr. Adv.
                         Mr.             K.V. Vishwanathan, Sr. Adv.
                         Mr.             Vikas Mehta, Adv.
                         Ms.             Anushree Menon, Adv.
SLP(C)Nos.20699-20700/2017 .... (contd.)


                                           - 2 -
                      UPON hearing the counsel the Court made the following
                                         O R D E R

S.L.P.(C)Nos.20699-20700/2017 In pursuance of our earlier order wherein certain suggestion was given, Mr. Tushar Mehta, learned Additional Solicitor General has filed a note. Let the note be kept on record.

Having heard Mr. Mehta, learned Additional Solicitor General for the petitioner and Mr. Kapil Sibal, learned senior counsel and Mr. Gopal Subramonium, learned senior counsel for respondent no.1 and keeping in view the note submitted by learned Additional Solicitor General wherein he has expressed that he has taken instructions for allowing respondent no.1-Karti P. Chidambaram to leave the country on certain terms and conditions, it is directed that the first respondent is permitted to go to United Kingdom for the purpose of admitting his daughter in the aforesaid college during 01st December 2017 to 10th December 2017 and he shall file an affidavit with regard to grant or non-grant of admission after his return before this Court.

Be it noted, the prayer of the respondent is to go from 01 st December to 10th December 2017 for the purpose of admission of his daughter at Selwyn College, Cambridge, United Kingdom.

Additionally, the first respondent shall file an undertaking within three days indicating his flight details and that he will come back by 10th December 2017. Needless to say, if the undertaking is not complied with, the 1st respondent shall face such consequences as may be deemed fit and proper.

The respondent must clearly understand, the present order is passed as an ad interim measure and without prejudice to the contentions to be advanced by both the parties when the main Special Leave Petitions are finally heard and, therefore, this order should not be cited in any court of law to further any kind of cause that will hinder the investigation or anything else.

We may hasten to add that the present order has been passed regard being had to the consent given by the petitioner and, SLP(C)Nos.20699-20700/2017 .... (contd.)

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therefore, does not reflect upon the legality or otherwise of the Look-out Circular.

Matter be listed in the third week of January 2018 along with connected Special Leave Petitions.

             (Subhash Chander)                       (H.S. Parasher)
                AR-cum-PS                          Assistant Registrar