(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Central Bureau of Investigation _______________________ Petitioner
v.
Karti P. Chidambaram & Ors. ______________________ Respondent(s)
Petition(s) for Special Leave to Appeal (C) Nos. 20699-20700/2017, decided on October 11, 2017
With S.L.P.(C) Nos. 21169-21170/2017 (XII)
The Order of the court was delivered by
Order
1. In the course of hearing, Mr. Tushar Mehta, learned Additional Solicitor General appearing for the petitioner, the Central Bureau of Investigation, intended to show some documents in sealed covers. Mr. Kapil Sibal, learned senior counsel appearing for the respondent raised serious objections on the ground that the documents cannot be produced for the perusal of the Court in the present special leave petitions that arise from an order for enforcement of the right under Article 21 of the Constitution of India before the High Court and, if filed and seen by the Court, then the respondent will be entitled to copies thereof. It is his further submission that even if it is seen by the Court, the same cannot be relied upon by this Court for adjudging the validity of the “look out circular”.
2. The submissions of Mr. Sibal are resisted by Mr. Mehta, who unequivocally contends that the documents can be filed and seen exclusively by the Court and he is not obliged under law to serve or supply copies thereof to the counsel for the respondent as they form a part of the case diary.
3. Mr. Tushar Mehta, learned Additional Solicitor General submits that he may be permitted to file the affidavit. He may do so.
4. Let the matter be listed on 1st November, 2017, only for hearing this aspect. Needless to say, the interlocutory applications are kept pending.
5. Learned counsel for the parties shall file their written notes of submission prior to that day.
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