SC sets aside judgment on former ED Dy Director

Delhi, Mar 15 (UNI) The Supreme Court today pulled up the Delhi High Court for not complying with its earlier order while setting aside the latter's order directing the CBI to make available files containing notings by Union Finance Minister P Chidambaram to former Enforcement Directorate Deputy Director Ashok Kumar Aggarwal.

Aggarwal, who is under suspension, is facing prosecution for fabricating some documents to frame one businessman Subhash Chand Badjatiya in a false case.

Aggarwal had filed a petition in the High Court seeking directions to the CBI to provide him with the photocopies of files containing notings by Mr Chidambaram.

A Division Bench comprising Justice A R Lakshmanan and Justice Altamas Kabir set aside the February 21 impuged judgment and remanded the case back to the HC for deciding the issue of maintanability of the petition and then the case on merits after perusing the documents.

The SC also directed the CBI to place the concerned files in a sealed cover before the HC.

Earlier, the apex court had directed the HC to decide the issue of maintainability but the latter had dicided the case on merit without deciding the issue of maintaibility.

Senior counsel Ram Jethmalani had appeared for Aggarwal.

The appellant CBI had challenged the HC order on the grounds that the file contailing the notings of the Finance Minister could not be supplied to the accused and the HC judgment must be set aside.

Agarwal is also facing prosecution in a case of disproportionate assets.

UNI