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MUMBAI: Bombay high court on Tuesday gave Central Bureau of Investigation (CBI) till Friday to file its response to a petition filed by Venugopal Dhoot former promotor and managing director of Videocon group of companies against his arrest and prosecution.
The CBI represented by advocate Kuldeep Patil sought a week’s time to seek instructions as Dhoot’s petition was filed on Monday. The HC bench of Justices Revati Mohite Dere and Prithviraj Chavan gave CBI till January 13 by which time they would file their response to Dhoot’s plea.
Dhoot, 72, was arrested on December 26, 2022 by the CBI.
Through his lawyer Sandeep Ladda, he sought urgent hearing as he said he has a “99 percent’’ heart blockage. He is seeking an order to declare his arrest as illegal and stay his remand, thus release him. He has sought quashing of the First Information Report (FIR) registered by Central Bureau of Investigation (CBI), Banking Securities and Fraud Branch in the bank loan fraud case, and the remand orders against him and to stay all further investigation.
Meanwhile, lawyers Mathew Nedumpara on behalf of National Lawyers Campaign for Judicial Transparency and Reforms and Subhash Jha on behalf of advocate Ghanshyam Upadhyay “as advocates and vigilant citizens”, sought to intervene and want a recall of the bail granted on Monday by the HC bench to co-accused Chanda Kochhar, the former CEO and MD of ICICI Bank and her husband Deepak Kochhar.
The HC said it would consider whether the intervention be allowed, on Friday.
Dhoot, a resident of Aurangabad, said in his petition the “Investigating Officer has illegally arrested and taken custody of the Petitioner till 10 January 2023 in gross violation of Sections 41(arresting powers) and 41A (notice when offence is punishable with only up to seven years’ jail term) of the Code of Criminal Procedure, 1973 and constitutional rights protected under Article 14 (right to equality) 19(1)(d) (to move freely) and 21(right to life and liberty) of the Constitution of India.’’
His petition says that the remand orders of the special CBI court dated December 26, 28 and 29, 2022 directing custody till January 10, 2023 is in “gross violation’’ of the laws governing arrests and “ex facie an abuse of authority and process of law.’’ His plea before the HC said the trial court “mechanically’’ held that Dhoot had not cooperated with CBI and remanded him to custody on his arrest which the CBI effected “carelessly’’ and “without application of mind.’’
The CBI represented by advocate Kuldeep Patil sought a week’s time to seek instructions as Dhoot’s petition was filed on Monday. The HC bench of Justices Revati Mohite Dere and Prithviraj Chavan gave CBI till January 13 by which time they would file their response to Dhoot’s plea.
Dhoot, 72, was arrested on December 26, 2022 by the CBI.
Through his lawyer Sandeep Ladda, he sought urgent hearing as he said he has a “99 percent’’ heart blockage. He is seeking an order to declare his arrest as illegal and stay his remand, thus release him. He has sought quashing of the First Information Report (FIR) registered by Central Bureau of Investigation (CBI), Banking Securities and Fraud Branch in the bank loan fraud case, and the remand orders against him and to stay all further investigation.
Meanwhile, lawyers Mathew Nedumpara on behalf of National Lawyers Campaign for Judicial Transparency and Reforms and Subhash Jha on behalf of advocate Ghanshyam Upadhyay “as advocates and vigilant citizens”, sought to intervene and want a recall of the bail granted on Monday by the HC bench to co-accused Chanda Kochhar, the former CEO and MD of ICICI Bank and her husband Deepak Kochhar.
The HC said it would consider whether the intervention be allowed, on Friday.
Dhoot, a resident of Aurangabad, said in his petition the “Investigating Officer has illegally arrested and taken custody of the Petitioner till 10 January 2023 in gross violation of Sections 41(arresting powers) and 41A (notice when offence is punishable with only up to seven years’ jail term) of the Code of Criminal Procedure, 1973 and constitutional rights protected under Article 14 (right to equality) 19(1)(d) (to move freely) and 21(right to life and liberty) of the Constitution of India.’’
His petition says that the remand orders of the special CBI court dated December 26, 28 and 29, 2022 directing custody till January 10, 2023 is in “gross violation’’ of the laws governing arrests and “ex facie an abuse of authority and process of law.’’ His plea before the HC said the trial court “mechanically’’ held that Dhoot had not cooperated with CBI and remanded him to custody on his arrest which the CBI effected “carelessly’’ and “without application of mind.’’
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