TMI Blog2016 (4) TMI 1229X X X X Extracts X X X X X X X X Extracts X X X X ..... litate communication between the petitioners and investigating agency. Application stands allowed to above extent. - W.P.(Crl) 2757/2015 & Crl.M.A. Nos. 3806/2016, 3396/2016 & 17536-38/2015 - - - Dated:- 6-4-2016 - Pratibha Rani, J. For the Petitioners : Kapil Sibal, Amit Sibal, Ankur Chawla, Aditya Dhawan, Kanika Singh, Aamir Khan, Ram Jethmalani, Lata Krishnamurti, P. R. Mala, Chirag Madan, Anirudh Anand, Ajay Awasthi For the Respondents : P. S. Patwalia, Sanjeev Bhandari, Surya Narayan Singh, Shrawan Dogra, D. K. Thakur ORDER As per directions of Hon'ble the Chief Justice, the matter has been listed before the Single Bench. Crl.M.A.No.3806/2016 1. Feeling handicapped due to the conditions imposed on CBI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, seizure memos and all investigation done by respondent No.1. 4. Civil Writ Petition was admitted and after hearing learned counsel for the parties, the Division Bench of High Court of Himachal Pradesh in para 9 of the order dated 01.10.2015 formulated questions (11 in number) for determination in this writ petition. 5. While dealing with C.M.P. No.10271/2015 filed in C.W.P. No.4063/2015, following directions have been issued by the Division Bench of High Court of Himachal Pradesh :- 10. Notice in the aforesaid terms. There is a prima facie case in favour of the petitioners and the balance of convenience is also in their favour. Petitioners will suffer irreparable loss and injury in case interim directions are not issued at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordance with law as and when dossier is complete. Another condition imposed on the CBI is not to file challan without the express leave of the Court. 8. Mr.P.S.Patwalia, learned ASG for CBI/respondent No.1 has submitted that in the application seeking modification/vacation of order dated 01.10.2015, the CBI wants all the conditions imposed to go and to be given free hand to interrogate the petitioners for the reason that if an accused comes for interrogation with the protection from the Court, he is not cooperative. 9. The submission made by Mr.Ashok Sharma, learned ASGI before High Court of Himachal Pradesh that there is no proposal of petitioners arrest at this stage, is no longer valid in the changed circumstances as this situat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ASG for the CBI has submitted that no such leave was applied. 13. So far as condition No.2 imposed on the CBI and submissions made by learned ASGI are concerned, it is a case of disproportionate assets wherein interrogation of the petitioners is required. Learned ASGI has already made a statement before the High Court of Himachal Pradesh that there is no proposal to arrest the petitioners at this stage . Mr.P.S. Patwalia, learned ASG for CBI has submitted that now the stage is ripe for interrogation of the petitioners. 14. At this stage, the matter is still under investigation. The petitioners are yet to join the investigation and account for the alleged disproportionate assets. At this stage, no such presumption can be drawn aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
