2016 (1) TMI 1298 - HC - Indian Laws

Supply of copy of ECIR along with all the documents and annexures which had not been given to the petitioner - Held that - Additional Solicitor General Government of India has handed over a photocopy of the ECIR to Mr.Kapil Sibal learned senior counsel appearing for the petitioner. But the copy of ECIR supplied does not contain any annexures or attending documents. The photocopy of the documents which have been seized from the residence and other premises of the petitioner shall be furnished to either the petitioner or his authorised representative who shall approach the office of the CBI on 08.01.2016 at 10 30 a.m. Since the respondents have taken a decision of handing over a copy of the ECIR and photocopy of the documents seized from the premises of the petitioner no lis remains to be decided.The grievance of the petitioner stands completely redressed so far as the prayer in this petition is concerned.

Summary

Issues:
1. Petitioner seeking directions for supply of specific documents from Enforcement Directorate.
2. Petitioner requesting documents seized by CBI during a raid.
3. Respondents' submission regarding furnishing photocopies of seized documents.
4. Decision on providing copies of ECIR and seized documents.
5. Disposal of the petition and related application.

Analysis:
1. The petitioner had sought directions against the Enforcement Directorate for the supply of a copy of ECIR/02/HQ/HIU/2015 and related documents not provided earlier. The petitioner also requested the CBI to provide copies of documents seized during a raid on their premises. It was argued that these documents were necessary to respond to inquiries by the Enforcement Directorate.

2. During the hearing, the Additional Solicitor General representing the Government of India assured that providing photocopies of the seized documents would not be an issue. A photocopy of the ECIR was handed to the petitioner's counsel, but it lacked annexures and accompanying documents. It was decided that photocopies of the seized documents would be given to the petitioner or their authorized representative at the CBI office on a specified date.

3. Following the decision to provide copies of the ECIR and seized documents, it was concluded that there was no further dispute to be resolved. The petitioner's concerns were deemed addressed with the decision to furnish the requested documents, thereby resolving the main prayer in the petition.

4. Consequently, the petition was disposed of, indicating that the matter was settled with the resolution of the document supply issue. Additionally, a related application became irrelevant due to the disposal of the main petition, and it was disposed of accordingly. The order was directed to be provided directly under the Court Master's signature.

5. In summary, the judgment addressed the petitioner's requests for specific documents from the Enforcement Directorate and those seized by the CBI, with the respondents agreeing to provide photocopies of the required materials. The resolution of these document-related issues led to the disposal of the petition and a related application, ultimately resolving the matter at hand.