SHAHID BALWA Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The aforementioned writ petitions lay challenge to a common order dated 03.01.2013 passed by the Special Director, Directorate of Enforcement, New Delhi (in short DOE). The impugned order has resulted in, the request made by the petitioners by way of a common application dated 12.12.2012, for cross examination of persons whose names and details are set out in paragraph 4 of their application, being declined.

(2.) The petitioners before me claim that this is resulted in breach of the principles of natural justice. It may be pertinent to note, at the very outset, that the proceedings before the Special Director, DOE have not concluded, as yet. It may also be relevant to record that, this is a second round of litigation before this court. In the first round, the petitioner had approached this court, by way of two separate writ petitions bearing nos.6358/2012 and 6360/2012, seeking copies of final replies filed by other noticees apart from the petitioners herein; who are arrayed as respondents in the complaint filed by DOE. The said writ petitions were disposed of by an order dated 05.10.2012, directing respondents to give replies, if any, filed by other noticees after the petitioners had filed their final reply. It is not disputed before me that the respondents have complied with the said direction and have supplied copies of replies of other noticees.

(3.) Before I deal with the contentions of the petitioners raised before me, I may briefly touch upon the circumstances which have led to the institution of the present petitions :-