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Hindustan Zinc Divestment: Supreme Court Says No To Recall Of CBI Investigation Order

Hindustan Zinc Divestment: Supreme Court Says No To Recall Of CBI Investigation Order

NDTV
Tuesday, February 08, 2022 03:34:37 AM UTC

The top court on November 18, 2021 had directed the CBI to register a regular case and proceed in accordance with law.

The Supreme Court Monday dismissed as withdrawn a plea by the Centre seeking to recall the top court's certain directions related to registration of CBI probe into the government decision for 26 per cent stake sale in Hindustan Zinc Ltd (HZL) in 2002.

The top court on November 18, 2021 had directed the CBI to register a regular case and proceed in accordance with law after noting that there is sufficient material in relation to the 26 per cent disinvestment of HZL by the Union government.

A bench comprising Justices D Y Chandrachud and Surya Kant took note of the submission of Solicitor General Tushar Mehta that he sought to withdraw the plea to pursue other remedies in law, including a review. The matter was then dismissed as withdrawn.

At the outset, the bench said, "That is a recall application. Here, you are saying that the Court found sufficient material for registration of a regular case, but I will now establish before you that there was no sufficient material for the registration of a regular case, and that in fact, the material is to the contrary? That cannot be the basis of a recall application." Mehta submitted that foundational facts unfortunately presented by the CBI are factually incorrect and pointed how the plea for recall is "necessitated, justified and maintainable".

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