South Asian Insider
SC to hear Gautam Khaitan's plea tomorrow, to affect ongoing cases under black money act
(Agencies) - With the Delhi High court taking a prima facie view that the black money rules notified in April 2016 are incorrect, the central government has now knocked on the Supreme Court's doors. Appearing before the vacation bench of the apex court, solicitor general Tushar Mehta said that the High Court ruling would "affect all ongoing cases under the Black Money Act".
On May 16, the Delhi High court had granted relief to businessman Gautam Khaitan, who is facing a black money and money laundering case.
Gaurav Khaitan had been arrested by the Enforcement Directorate on January 26. According to the prosecution, Khaitan had deposited nearly Rs 6,000 crore in offshore accounts. A chargesheet has also been filed against him in violation of provisions under the Prevention of Money Laundering Act, 2002.
Khaitan had challenged his arrest, and argued that the black money rules were notified by the center before the act itself came into force.
The two judge bench of the Delhi HC had agreed with the argument.
"We are prima facie of the considered view that the official respondents could not have exercised powers granted to it under the provisions of sections 85 and 86 of the said act, prior to the enactment itself coming into force, in terms of the provisions of sub-section (3) of section 1 of the said act", the High Court had said in its May 16 order.The center has now argued that this order will have a detrimental affect on all pending black money cases, since the rules for investigation have been declared invalid. The Supreme Court has agreed to hear the plea on Tuesday.
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