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Karti P. Chidambaram vs Union Of India on 6 March, 2018

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

     WP(Crl.) No. 51/2018
                                                          1

     ITEM NO.6                                         COURT NO.1                     SECTION X

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

                                     Writ Petition (Criminal) No. 51/2018

     KARTI P. CHIDAMBARAM                                                       Petitioner

                                                         VERSUS

     UNION OF INDIA & ANR.                                                      Respondents

     Date : 06-03-2018 This matter was 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
                                           Mr. Kapil Sibal, Sr. Adv.
                                           Mr. Salman Khurshid, Sr. Adv.
                                           Mr. Vikas Mehta, AOR

     For Respondents
                                           Mr.   Tushar Mehta, ASG
                                           Mr.   D.P. Singh, Adv.
                                           Mr.   Shiv Mangal Sharma, Adv.
                                           Mr.   Rajat Nair, Adv.
                                           Mr.   Manoj Singh, Adv.
                                           Mr.   Kanu Agrawal, Adv.
                                           Mr.   Shrey Kapoor, Adv.
                                           Mr.   Manan Popli, Adv.
                                           Ms.   Sonam Gupta, Adv.

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

Issue notice.

As Mr. Tushar Mehta, learned ASG assisted by Mr. D.P. Singh, learned counsel has entered appearance on behalf of both the respondents, no further notice Signature Not Verified Digitally signed by DEEPAK GUGLANI need be issued.

Mr. Mehta has raised the issue of maintainability Reason:

of the writ petition. Per contra, Mr. Kapil Sibal, learned senior counsel appearing for the petitioner WP(Crl.) No. 51/2018 2 would submit that if steps are taken to take away or curtail the liberty of a person without following the procedure in an enactment, that can be agitated by way of a writ petition and that is a fundamental right.

We may clarify with immediacy that we have noted the above submission only so that it is debated. If we hold in the affirmative with regard to the maintainability of the writ petition, then only we shall advert to the propositions which will relate to constitutional rights.

Needless to emphasize, our present order shall have no impact on any proceedings pending against the petitioner in any Court.

Matter be listed on 8.3.2018.

(Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar