NEW DELHI: Supreme Court Wednesday reserved its verdict on whether or not an accused is entitled to get on the pre-trial stage paperwork that are in possession of Enforcement Directorate however not relied upon by the company in cash laundering circumstances and questioned the company on the justification for taking a “inflexible method” by denying such paperwork to the accused.
A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih requested the company whether or not withholding clinching paperwork in favour of an accused wouldn’t violate the accused’s rights granted underneath the Structure.
“What troubles us is that when there could be a clinching doc, which may be very a lot there, very a lot exists, and solely due to procedural angles, the accused doesn’t get that doc. Does it not have an effect on Article 21? Now, the regulation has progressed, the interpretation of the Structure has progressed. Can we are saying now that there’s a doc in existence, however relying upon some technicalities, you’ll not get it?” the bench requested extra solicitor basic S V Raju.
Raju stated an accused has the proper to get unrelied upon paperwork solely after framing of costs, and until the trial begins. He stated handing over all paperwork to accused would hamper probe within the case.
The courtroom, nonetheless, requested him how an accused may defend his case on the time of in search of bail if he didn’t have these paperwork which have been in his favour.
A bench of Justices Abhay S Oka, Ahsanuddin Amanullah and Augustine George Masih requested the company whether or not withholding clinching paperwork in favour of an accused wouldn’t violate the accused’s rights granted underneath the Structure.
“What troubles us is that when there could be a clinching doc, which may be very a lot there, very a lot exists, and solely due to procedural angles, the accused doesn’t get that doc. Does it not have an effect on Article 21? Now, the regulation has progressed, the interpretation of the Structure has progressed. Can we are saying now that there’s a doc in existence, however relying upon some technicalities, you’ll not get it?” the bench requested extra solicitor basic S V Raju.
Raju stated an accused has the proper to get unrelied upon paperwork solely after framing of costs, and until the trial begins. He stated handing over all paperwork to accused would hamper probe within the case.
The courtroom, nonetheless, requested him how an accused may defend his case on the time of in search of bail if he didn’t have these paperwork which have been in his favour.
