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Supreme Court of India 2023-09-21 dismissed

Pvt. Ltd. & Ors vs Anil Rishiraj & Anr

Bench: 2 — Abhay S. Oka, Sanjay Karol

In Brief

This case concerns whether enforcement officers could still file criminal complaints under the Foreign Exchange Regulation Act (FERA) after it was repealed by the Foreign Exchange Management Act (FEMA) in 2000. FERA allowed a two-year \"sunset period\" for pending cases. The Supreme Court held that enforcement officers validly authorised under FERA retained the authority to file complaints during this sunset period. The Court rejected a narrow reading that would have prevented all FERA prosecutions after repeal, adopting instead the principle that repealing legislation should not render its saving clauses meaningless. The appeal was dismissed and the trial directed to expedite the complaint.

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Foreign Exchange Regulation Criminal Procedure Statutory Interpretation Repealing Legislation

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