KANWAR JAGAT SINGH Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) These two writ petitions are being taken up together as the impugned orders both dated 01.03.2007 are identical. The circumstances are also the same. The petitioners are seeking the supply of copies of the documents which are in the possession of the respondents because, according to them, those documents help their case. The respondents submitted that the petitioners are not entitled to the documents and would not be relied upon by them in the adjudication proceedings under the Foreign Exchange Management Act, 1999 (hereinafter referred to as 'the said Act'). The petitioners, however, contended that they are not only entitled to copies of documents on which the respondents rely upon, but also those documents which are in the possession of the respondents and which advance the case of the petitioners. This is the entire scope of the controversy in these writ petitions.

(2.) The petitioners have prayed for a writ of certiorari or any other appropriate writ, order or direction in the nature thereof, quashing the communications dated 01.03.2007 issued by the respondents. They also pray for the issuance of a writ of mandamus or any other appropriate writ, order or direction in the nature thereof directing the respondents to furnish all the material available with the Directorate of Enforcement pertaining to the allegations sought to be levelled against the petitioners and in respect of which the petitioners have been asked to show cause. The petitioners have also sought other related reliefs.

(3.) The impugned letter dated 01.03.2007 is in response to the preliminary/short replies dated 15.01.2007 to the show cause notices issued to the petitioners. By virtue of the replies dated 15.01.2007, the petitioners, through their advocate, had requested for supply of the entire documents available with the Directorate of Enforcement pertaining to the show cause notices, including the documents not relied upon. In the impugned letter dated 01.03.2007, it has been noted that the grounds forming the basis of the issuance of the show cause notices, including the nature of contravention and copies of all the relied upon documents under the said Act and the Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000 (hereinafter referred to as 'the said Rules') have already been supplied to the petitioners and receipt thereof has also been acknowledged. In this background, the said communication dated 01.03.2007 informed the petitioners that their request for supply of copies of documents which are not relied upon in the show cause notices could not be acceded to in the following terms:-