FERA case: SC stays proceedings against TTV Dhinakaran

The Supreme Court Monday stayed the proceedings of a Chennai court relating to the 1996 Foreign Exchange Regulation Act (FERA) case lodged against AMMK leader TTV Dhinakaran.

A bench headed by Chief Justice issued a notice to Dhinakaran and sought his reply on the petition filed by the Enforcement Directorate challenging the Madras High Court order of June 25, 2018.

The bench, also comprising Justice Sanjiv Khanna, was not in agreement with the ED that the trial should continue during the pendency of the appeal before the apex court.

The probe agency had filed an appeal against the high court order by which lower court was directed to order the ED to provide copies of the documents of the case to Dhinakaran.

The high court had also dispensed with the appearance of Dhinakaran except when ordered by the trial court.

The case against Dhinakaran was that he allegedly acquired USD 1,04,93,313 in foreign exchange without obtaining permission from the Reserve Bank of India and deposited it in the current account of Dipper Investments Ltd, a company incorporated in the British Virgin Islands, and having account with Barclays Bank in the UK.

Advocate Binu Tamta, appearing for the ED opposed the high court direction for supplying certain documents of the case to Dhinakaran and said proceedings in the trial court be allowed to continue.

However, the bench said "if the trial will progress without the documents in the hand of the accused, it would mean that the ED appeal is allowed".

Senior advocate A M Singhvi, appearing for Dhinakaran, submitted that the documents sought are in the government file but the ED was not supplying them.