Sacked IPL commissioner Lalit Modi today moved the Bombay High Court seeking that the Enforcement Directorate give him documents which formed the basis of a show cause notice against him for FEMA violations in the 2009 IPL tournament in South Africa.
The ED, on July 20, 2011, had issued show cause notice against Modi under the Foreign Exchange Management Act (FEMA) regarding a bank account opened in South Africa by BCCI and IPL ahead of the cricketing event.
The agency had on March 21 this year issued another notice to Modi initiating adjudication proceedings against him and directed him to appear before it on April 1 for a personal hearing.
Modi's solicitors appeared before the ED on his behalf and sought a copy of the documents relied on by the agency.
"Since the show cause notice was issued, the petitioner's solicitors have been writing letters to the ED seeking access to the documents relied upon for issuance of notice and adjudication proceedings. On September 22, 2011 the agency said documents would be given but on December 16, the agency refused saying the documents pertaining to Modi have been attached with the notice," Modi's petition states.
The petition seeks the court to direct the respondent to grant inspection of the documents and set aside the decision of the agency dated December 16, 2011, refusing access, "or direct the respondent to recall the show cause notice", the petition stated.
A division bench of Chief Justice Mohit Shah and Justice M S Sanklecha has posted the matter for hearing on August 22.
Last week, the same bench had granted relief to Shashank Manohar, former president of BCCI, by setting aside and quashing the adjudication notice issued against him by ED in the same issue.
According to ED, five crore dollars were transferred to a bank account in South Africa opened by BCCI and IPL governing council prior to the 2009 IPL tournament.
