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SC is not district court where you can play with orders

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New Delhi

 The Supreme Court on Monday took serious note of the non-compliance of its earlier order by a crypto-currency scam accused of not sharing his username/passwords with the Enforcement Directorate and said, “We are not a district court where you can play with the orders”.

A bench of Justices DY Chandrachud and Surya Kant warned the accused that it would dismiss his plea for quashing the cases registered against him if he does not comply with the earlier orders of the court.

“Why have you not shared your username and password when it was recorded in our earlier order? We will dismiss your writ petition if there is non-compliance. The Supreme Court is not some district court, where you can play with the orders. You yourself had made the statement that you will share the username and passwords and now there is non-compliance. This is not a Tis Hazari Court,” the bench told advocate PC Sen appearing for one Ajay Bhardwaj.

The bench asked the counsel to inform his client that he has to share the details with the ED and then it will hear him.

Additional Solicitor General Aishwarya Bhati, appearing for ED, said that the accused is not cooperating with the investigating agency and has not shared the relevant details with it.

Senior advocate Siddharth Dave, also appearing for the accused, said all the relevant documents and email ids, and passwords were seized by the Pune Police including that of two crypto-currency wallets.

“ED does not understand the nuances of cryptocurrency but Pune Police does. They have been seized by cryptocurrency wallets’ user id and passwords and even changed my password. They transferred 1800 Bitcoins from my wallet and an FIR has been lodged by the Pune Police against two policemen involved in transferring my Bitcoins,” Dave said.

He said that his client is not shying away from sharing the details of his user ID and password with the ED but it should be done in the presence of his advocate.

Bhati said that these transactions have not taken place through normal banking channels and therefore it is important that the accused, who were running a Ponzi scheme, should share the details with the investigating agency.

She said that one of the accused Amit Bhardwaj has expired while two other brothers and their father is an accused in the case and they should share the details of transactions through which investors were duped.

The bench disposed of the plea filed by Amit Bhardwaj after noting that he has expired and asked Dave to convey to his clients that the username and passwords of cryptocurrency wallets have to be shared by Tuesday.

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