(R. Banumathi and A.S. Bopanna, JJ.)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7523/2019
P. Chidambaram __________________________________ Petitioner;
v.
Directorate of Enforcement _________________________ Respondent.
(For Admission and I.R. and IA No. 126394/2019-Exemption From Filing C/C of the Impugned Judgment)
With
SLP(Crl) No. 7525/2019 (II-C)
P. Chidambaram __________________________________ Petitioner;
v.
Central Bureau of Investigation _______________________ Respondent.
(For Admission and I.R. and IA No. 126403/2019-Exemption From Filing C/C of the Impugned Judgment)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7523/2019, decided on August 26, 2019
The Order of the court was delivered by
Order
SLP(Crl.) No. 7525 of 2019:
1. In this petition, the petitioner has challenged the order of the High Court dated 20.08.20191 in and by which the High Court has declined to grant anticipatory bail in CBI No. RC220-2017-E-0011 registered under Section 120-B IPC & Section 420 IPC and Sections 8, 13(2) read with Section 13(1)(d) of the Prevention of Corruption act, 1988.
2. It is submitted by the learned senior counsel for the petitioner that after dismissal of the petition for anticipatory bail by the High Court, the petitioner has approached the Supreme Court challenging the said order. The grievance of the petitioner is that an opportunity of hearing has not been given to the petitioner in spite of direction dated 21-8-20192 for early hearing. It is stated that subsequently, the petitioner has been arrested on 21st August, 2019. Since the petitioner has been arrested, in view of the judgment of the Constitution Bench reported in Shri Gurbaksh Singh Sibbia v. State of Punjab4, we find that this special leave petition has become infructuous. The special leave petition is, accordingly, dismissed as having become infructuous.
3. The petitioner is at liberty to work out his remedy in accordance with law. The contentions raised by both the parties are left open to be considered at the appropriate stage. Pending application(s), if any, shall also stand disposed of.
SLP(Crl.) No. 7523 of 2019:
4. We have heard the arguments of Mr. Kapil Sibal, learned senior counsel appearing on behalf of the petitioner, in full.
5. Learned counsel appearing on behalf of the respondent-Directorate of Enforcement has filed the counter affidavit.
6. Learned counsel for the petitioner requests time till tomorrow to file response to the counter affidavit. Learned counsel may do so by tomorrow i.e. 27th August, 2019 before the hearing commences.
7. For hearing respondent-Directorate of Enforcement, list the matter tomorrow i.e. 27th August, 2019 at 12.00 noon.
8. Interim protection granted on 23.08.2019 to the petitioner shall continue till tomorrow i.e. 27th August, 2019.
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1 P. Chidambaram v. CBI, 2019 SCC OnLine Del 9703
2 P. Chidambaram v. CBI, SLP (Cri) Diary No. 30075 of 2019, order dated 21-8-2019 (SC)
3 P. Chidambaram v. Directorate of Enforcement, SLP (Cri) Diary No. 30078 of 2019, order dated 21-8-2019 (SC)
4 (1980) 2 SCC 565 : 1980 SCC (Cri) 465
