NEW DELHI: ED will contest an order passed by Supreme Court on Dec 13 putting on hold all investigation against Chennai-based ' lottery king ' Santiago Martin , where the apex court, in an ex-parte interim order, barred the agency from unlocking and looking into the contents of his iPhone 15 Pro and electronic devices seized from his employees during last month's searches on his premises. The top court has also put on hold summons issued to Martin for two months. Sources in the agency said the court order was "unprecedented" as it had put on hold all investigation against Martin "indefinitely" and also stopped the agency from routine work related to the probe, such as examining the seizure documents and devices, and summoning the accused.
"These days, all documents and communications are digitally stored, either in phones or laptops/computers. Where do you look for evidence if you don't recover them from phones or other digital devices?" a source said. An SC bench of Justices Abhay S Oka and Pankaj Mithal, while posting the matter for Feb 17, accepted Martin's prayer to "issue an ex-parte interim order directing the respondents not to access and copy the contents of mobile phone iPhone 15 Pro", besides other electronic devices (phones, laptops/computers) seized from his employees.
The court also accepted his request for "ex-parte interim order staying the effect and operation of summons" issued to him. The agency, Martin argued in his petition, wanted his presence in the ED o.