Directorate Of Enforcement Petitioner(S) v. Karti P. Chidambaram (S).

Factual and Procedural Background

The Supreme Court of India heard the matter involving the Union of India (represented by the learned Additional Solicitor General, Mr. Tushar Mehta) and the respondent (represented by senior advocates Mr. Kapil Sibal and Dr. Abhishek Manu Singhvi) in S.L.P. (Crl.) No. 9360/2018. The case concerned two criminal writ petitions—W.P.(Crl.) No. 363 of 2018 and W.P.(Crl.) No. 739 of 2018—both pending before the High Court of Delhi. In light of “conflicting views of various High Courts,” the Supreme Court decided, sua sponte, to transfer these writ petitions (and their connected criminal miscellaneous applications) to itself for consolidated consideration. The Court also preserved the interim relief earlier granted by the High Court in W.P.(Crl.) No. 739 of 2018 and fixed 26 March 2018 at 2:00 p.m. for the next hearing.

Legal Issues Presented

1. Whether the pendency of conflicting High Court views warranted transfer of W.P.(Crl.) No. 363 of 2018 and W.P.(Crl.) No. 739 of 2018 (with their connected applications) from the High Court of Delhi to the Supreme Court for adjudication.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court, after hearing brief submissions from counsel on both sides, noted that multiple High Courts had issued divergent rulings on the legal questions raised in the pending writ petitions. To avoid inconsistency and ensure authoritative resolution, the bench held that consolidating the cases before the Supreme Court was appropriate. The Court therefore exercised its power to transfer the matters, directed the Delhi High Court Registry to transmit the records, and scheduled a joint hearing. Recognizing the need to maintain the status quo, it continued the interim relief earlier granted by the High Court until the next date of hearing. Finally, the bench acknowledged counsels’ assurances that oral arguments would be concise, thereby facilitating an expedited determination.

Holding and Implications

Holding: The Supreme Court ordered the transfer of W.P.(Crl.) No. 363 of 2018 with Crl.M.A. No. 2151/2018, and W.P.(Crl.) No. 739 of 2018 with Crl.M.A. No. 4539/2018, from the High Court of Delhi to the Supreme Court. The interim relief granted in W.P.(Crl.) No. 739 of 2018 will remain operative until at least 26 March 2018, when the matters will be listed for hearing.

Implications: The immediate effect is procedural consolidation of related writ petitions before the apex court, ensuring a uniform resolution of issues on which High Courts have differed. The order preserves existing interim relief for the respondent but sets no new substantive precedent beyond the transfer itself.