MANOHAR LAL SHARMA versus CENTRAL BUREAU OF INVESTIGATION & ORS.

MANOHAR LAL SHARMA versus CENTRAL BUREAU OF INVESTIGATION & ORS.

Since a SIT constituted under directions of the Supreme Court is already seized of the matters relating to black money and its terms of reference cover the issues raised in the petition, and an official Multi Agency Group is investigating the Panama Papers with status reports to the SIT, no further directions or intervention by the Court are necessary.

Parties
Petitioner: Manohar Lal Sharma; Respondents: Central Bureau of Investigation & Ors.
Jurisdiction
India
Judgment Date
09 October 2017
Procedural Posture
Writ Petition (criminal) No. 65 of 2016 / Disposition After Hearing and Affidavits
Outcome
Petition disposed of as concerns are already being addressed by existing mechanisms (SIT and MAG).
Legal Topics
Tax Evasion, Money Laundering, Offshore Bank Accounts, Public Interest Litigation, Regulation of Securities Market
Constitutional Law Criminal Law Public Interest Litigation Finance Law Tax Evasion Money Laundering Offshore Bank Accounts Regulation of Securities Market

Case Brief

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Parties

Manohar Lal Sharma

Petitioner

Central Bureau of Investigation & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) No. 65 of 2016 / Disposition After Hearing and Affidavits

Legal Issues

  1. 1 Whether the Supreme Court should direct CBI to investigate Indian individuals/entities named in the Panama Papers and register FIRs against SEBI officials and others for alleged inaction and irregularities.
  2. 2 Whether a separate Special Investigation Team (SIT) is required to investigate the Panama Papers leaks in addition to the one already constituted.

Ratio Decidendi

Since a SIT constituted under directions of the Supreme Court is already seized of the matters relating to black money and its terms of reference cover the issues raised in the petition, and an official Multi Agency Group is investigating the Panama Papers with status reports to the SIT, no further directions or intervention by the Court are necessary.

Court Disposition

Petition disposed of as concerns are already being addressed by existing mechanisms (SIT and MAG).

Orders

  • No further directions necessary as the issues are covered by SIT's terms of reference and being investigated by MAG reporting to SIT.
  • Further reports of MAG to be submitted to the SIT; MAG to comply with directions of SIT or the Court in pending WP(C) No.176 of 2009.