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Central Bureau Of Investigation vs Karti P Chidambaram on 11 October, 2017

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

     SLP(C) 20699-700/17
                                                    1

     ITEM NO.9                             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) Nos.20699-20700/2017

     (Arising out of impugned final judgment and order dated 10-08-2017
     in     WP     No.    21305/2017     10-08-2017     in     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)

(With appln.(s) for exemption from filing c/c of the impugned judgment and permission to file additional documents) WITH S.L.P.(C) Nos.21169-21170/2017 (XII) Date : 11-10-2017 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. Rajat Nair, Adv.

Mr. Saurabh Shyam Shamshery, Adv. Mr. Kanu Agarwal, Adv.

Mr. Manan Popli, Adv.

Ms. Swati Ghildiyal, Adv.

Ms. D. Priyanka, Adv.

Mr. Mukesh Kumar Maroria, AOR For Respondent(s) Mr. Kapil Sibal, Sr. Adv.

Ms. Shally Bhasin, AOR Mr. K.V. Vishwanathan, Sr. Adv.

Mr. Vikas Mehta, AOR Ms. Anushree Menon, Adv.

UPON hearing the counsel the Court made the following 18:27:59 IST Reason: O R D E R In the course of hearing, Mr. Tushar Mehta, learned Additional Solicitor General appearing for the petitioner, SLP(C) 20699-700/17 2 the Central Bureau of Investigation, intended to show some documents in sealed covers. Mr. Kapil Sibal, learned senior counsel appearing for the respondent raised serious objections on the ground that the documents cannot be produced for the perusal of the Court in the present special leave petitions that arise from an order for enforcement of the right under Article 21 of the Constitution of India before the High Court and, if filed and seen by the Court, then the respondent will be entitled to copies thereof. It is his further submission that even if it is seen by the Court, the same cannot be relied upon by this Court for adjudging the validity of the “look out circular”.

The submissions of Mr. Sibal are resisted by Mr. Mehta, who unequivocally contends that the documents can be filed and seen exclusively by the Court and he is not obliged under law to serve or supply copies thereof to the counsel for the respondent as they form a part of the case diary.

                 Mr.        Tushar    Mehta,        learned          Additional     Solicitor
       General    submits      that    he     may        be    permitted     to    file     the
       affidavit.      He may do so.

Let the matter be listed on 1st November, 2017, only for hearing this aspect. Needless to say, the interlocutory applications are kept pending.

Learned counsel for the parties shall file their written notes of submission prior to that day.

             (Chetan Kumar)                                             (H.S. Parasher)
              Court Master                                           Assistant Registrar