In a dramatic twist, the Supreme Court has suspended all proceedings against Rathi Steel and Power Ltd and its executive director Kushal Kumar Agarwal in the high-profile money laundering case involving the coal allocation scam. The top court's move follows the company and its executive filing a challenge to the Enforcement Directorate's prosecution complaint and the procedure of their summoning.
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The Supreme Court bench, headed by Judges Abhay Oka and Ujjal Bhuyan, quoted new provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which make it a requirement that accused persons must be heard before they can be summoned to trial.
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Counsel for Rathi Steel contended that this right had been breached, since the trial court failed to issue a show-cause notice or a hearing prior to issuing summons.
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The Enforcement Directorate had opposed the stay, alleging the case was subject to the older criminal procedure laws and cautioning against delay.
In spite of ED's opposition, the Supreme Court had seen substance in the plea of the company and directed a stay on all proceedings pending further orders, giving the substantial temporary relief to both Agarwal and Rathi Steel.
This stay may be followed by precedent in similar cases when new procedural protection under BNSS is invoked.
Sources: Economic Times, Supreme Court of India Cause List