The Supreme Court on Wednesday stayed a Delhi High Court order of June 10 that permitted Rajeev Saxena, an approver in a money-laundering case related to the AgustaWestland chopper scam, to go abroad for treatment of multiple ailments.

The vecation bench of Justices Sanjiv Khanna and B. R. Gavai heard the matter regarding the permission granted by the Delhi High Court to Rajeev Saxena, accused turned approver in the AgustaWestland Case, to go abroad on medical grounds. The bench  stayed the High Court order for three weeks, also asked the director of AIIMS to examine Saxena’s mental and physical health and file a report within three weeks.

It also directed Rajeev Saxena’s counsel to seek instructions on whether his sister and sister-in law were willing to stand surety for him by depositing Rs. 5 crore each as guarantee for allowing him to go abroad for treatment of blood cancer and other ailments.

Counsel for respondent Sr. Advocate Meenakshi Arora submitted before the court that he is having sufficient funds to deposit the surety and she further sought time to take instructions from the respondent. The court issued notice to Rajiv Saxena after Sr. Advocate and Solicitor General Tushar Mehta appearing for the Enforcement Directorate submitted that some new facts have surfaced regarding violations of IT and Black Money laws and CBI is going to file an FIR against Saxena soon.

The Supreme Court granted the counsel for respondent three weeks time to seek any further instructions and directed the respondent to be present for examination. The Court further directed the Director of All India Institute of Medical Sciences to examine Rajiv Saxena and submit a report within three weeks. The court also indicated that if anything comes up against the accused then he must stand trial.

Solicitor General Tushar Mehta, appearing for the ED, said certain new facts with regard to other offences have come to light and the CBI is formally going to register an FIR against Mr Saxena shortly.

He said the question of whether Rajeev Saxena would return to India or not has become immaterial and the order permitting him to go abroad needed to be examined in the light of fresh facts.

The court fixed the matter for further hearing after three weeks and till that time the Delhi High Court order has been stayed.

Earlier, the Delhi High Court had allowed Rajiv Saxena to go abroad and receive treatment for blood cancer and other ailments. The Delhi High Court had provided relief to Rajiv Saxena after observing that he had already been granted bail on medical grounds before he was made an approver. Rajiv Saxena was one of the accused named in the chargesheet filed by the ED in the matter of AgustaWestland Scam.

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–India Legal Bureau