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2014 DIGILAW 199 (SC)

Massimilano Latorre v. Union of India

2014-02-24

B.S.CHAUHAN, J.CHELAMESWAR

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ORDER : 1. An affidavit has been filed today on behalf of the Union of India, the same is taken on record. 2. According to the affidavit, the Union of India has accepted the opinion of the Law Ministry according to which in the facts and circumstances of the case, the provisions of SUA Act are not attracted in this case. It has further been stated that appropriate steps will be taken to ensure that the charge-sheet reflect the opinion to the decision taken by the Union of India. 3. To that extent, there is no objection by Shri Mukul Rohatgi, learned senior counsel appearing for the petitioner. 4. However, he has raised the issue that in view of the opinion given by the Law Ministry and the acceptance thereof by the Union of India, it will deunde the NIA to investigate or prosecute the petitioner or submit the charge-sheet. 5. The learned Attorney General has disputed this proposition. In view of the earlier order dated 26/4/2013 passed by a three-Judge Bench of this Court in W.P.(C)No.135/2012 etc. and in such a fact situation, it is desirable to hear the parties limited to that extent and on that issue being a pure question of law. However, to meet the technicalities, Mr. Mukul Rohatgi, learned senior counsel has pointed out that he would like to file an application to that effect. 6. If such an application is filed within a week, a reply may be filed within one week thereafter. 7. List the matter after two weeks before three-Judge Bench.