The Delhi High Court on Monday reserved for judgment a petition filed by former External Affairs Minister Natwar Singh and his son Jagat challenging denial of access to all existing documents used by the Directorate of Enforcement (ED) in the ongoing probe into the money trail in the multi-million dollar Iraqi oil-for-food scam.
In a temporary relief to both, a Division Bench led by Justice T S Thakur granted interim stay to ED proceedings until the verdict is pronounced by the court on Singh’s petition.
A single Bench of the High Court had on July 5 rejected the claims of the father-son duo for release of 83 documents compiled by Special Envoy to the US Virendra Dayal and now in the possession of the ED.
Dismissing their plea for access, Justice B D Ahamed had expressed his inability to grant their request on the ground that there was no prevalent law in the country which compels the prosecution to reveal all documentary evidence to the accused.
The court’s observations had come after Additional Solicitor General (ASG) P P Malhotra had contended before it that the Singhs were not entitled to documents irrelevant to the specific allegations against them.
The ASG had submitted that the entire ongoing probe would be put to jeopardy if the duo stumbled on documents, which may deal with “other persons” currently under the ED scanner.
On the other hand, Arvind Nigam, counsel for Natwar Singh, had countered that denial of documents by the ED was violative of the fundamental rights of the Singhs for a fair trial, specially when the Justice R S Pathak Inquiry Committee report on the scam had exonerated them of any financial or other misdemeanors.
... contd.