The Union government, along with the Income Tax department, has approached the Supreme Court of India seeking the transfer and consolidation of multiple bank fraud cases involving Anil Ambani and Reliance Communications Limited (RCom) to the Delhi High Court. These cases, currently dispersed across various High Courts, include allegations of fund diversion and misuse by the telecom giant [Union of India v Anil Dhirajlal Ambani].
A Supreme Court Bench led by Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, has adjourned the matter, granting the government two additional weeks to compile and submit comprehensive data on the cases pending in different High Courts.
Senior Advocate Zoheb Hossain, representing the Income Tax authorities, informed the court that similar cases are pending in the Delhi and Bombay High Courts. CJI Kant suggested that the Delhi High Court should first adjudicate these matters, and its decisions could subsequently influence proceedings in the Bombay High Court. “There is no delay in the Delhi High Court. Thus, your priority should be obtaining a verdict there. Whether it favors or opposes you is secondary. After that, you may urge the Bombay High Court for a resolution,” remarked CJI Kant.
However, Hossain argued that this approach would result in a multiplicity of proceedings across different legal forums. “Article 139A(2) was incorporated to prevent such scenarios. This is a central statute concerning the Black Money Act. Prolonged delays undermine the statute’s purpose of retrieving black money hidden abroad,” emphasized Hossain.
CJI Kant noted the possibility of counter-demands to transfer Delhi High Court cases to Bombay. In response, Hossain highlighted that 15 to 20 cases in Delhi are poised for final hearings, with pleadings and written submissions completed. Conversely, proceedings in Bombay have stalled.
More Read
Hossain requested the matter be postponed to allow Solicitor General Tushar Mehta to present arguments. “May I request an adjournment? I am merely assisting, with the Solicitor General leading. Significant revenue implications are at stake. A large batch of cases in each High Court causes delays in proceedings related to foreign black money. Multiple High Courts are currently addressing the same issue,” Hossain explained.
The Supreme Court has agreed to adjourn the matter, allowing time for the government to prepare a comprehensive list of RCom-related cases and plan for expedited proceedings due to substantial public interest concerns.
