SC stays Bombay HC order giving relief to Lalit Modi

Appearing for the Enforcement Directorate, Solicitor General Tushar Mehta, asked the court to stay the High Court order

The Supreme Court on Tuesday stayed the 2019 Bombay High Court order, which asked the Enforcement Directorate to consider a plea by fugitive Lalit Modi, who wanted to cross-examine the BCCI officials in connection with alleged FEMA violation case.

The High Court asked the ED to consider afresh a request for giving Modi the reply of BCCI to their show-cause notice in 2011.

A bench of Justices R F Nariman, Navin Sinha and Krishna Murari ordered, “Issue notice. In the meanwhile, there shall be stay of operation of the judgment and order of the High Court.”

The ED approached the top court against June 20, 2019, High Court order which had directed it to reconsider the issue of forwarding the reply of the BCCI to Modi against their 2011 show-cause notice.

Modi, former chairman of the IPL, was aggrieved with the January 2018 order of the ED's adjudicating authority, which declined to grant cross-examination of N Srinivasan, Peter Griffith, Andrew Wildblood, A K Nazeer Khan, and D K Singh (complainant), whose statements are being relied upon by the ED in adjudication proceedings. This was evident from the 2011 show cause notice, issued by BCCI, Modi claimed.

The High Court had said that the ED would consider afresh the request made by Modi and pass an order in accordance with natural justice.