[ad_1]
MUMBAI: Chanda Kochhar, former CEO and MD of ICICI Bankand her husband Deepak Kochhar approached the Bombay high court vacation bench a day after a trial court extended their police custody following their December 23 arrest by the Central Bureau of Investigation (CBI) in an alleged corruption case over high-value loans. The HC vacation bench said there was “no urgency” after their lawyer said the plea was for quashing of the remand order. The HC added, “On January 2nd you can take circulation.”
The couple contended their arrest was illegal and essentially wanted to argue for interim release and protection of their right to liberty seeking quashing of the remand order. Their only son is due to get married on January 15. Their son and daughter along with their son-in-law were present in court.
The CBI filed its FIR on January 22, 2019 against the KochharsV N Dhoot and Videocon group companies as well as Supreme Energies Pvt Ltd for causing a loss of over 1,730 crore to ICICI Bank by sanctioning loans to Videocon Group of Companies in contravention of rules and policies of ICICI Bank. The CBI arrested Dhoot on December 26, and all were remanded to its custody by a special trial court till December 28.
The Kochhars’ senior counsel Amit Desai and Vikram Chaudhri appeared before the vacation division bench of Justice Madhav Jamdar and Justice S G Chapalgaonkar to mention the matter. They were about to be mentioned when Justice Jamdar reminded the senior counsel of the HC tradition to enable junior lawyers to mention matters during court vacation. It is also part of the HC rules for designated senior advocates. “It is a matter of personal liberty of the accused,” said the senior counsel.
Advocate Kushal Mor then mentioned their plea and said the Kochhars were arrested four long years after the FIR was registered. He said the Kochhars were illegally arrested under the Prevention of Corruption Act in violation of a clause of prior sanction under Section 17A for any offence alleged against a public servant in discharge of official duties.
Mor added the arrest is also in violation of Section 41 A of CrPC, which for an offence that attracts up to seven years’ imprisonment requires police to issue a notice to the accused to seek an explanation and allows arrest only with written reasons.
The HC asked what was the relief being sought. Mor said, “Quashing.” The bench said, “Quashing, no urgency.” Mor said, ”Quashing of remand order.” He added, “For their release, there is urgency.” The HC said, “For release you can also seek bail in regular court.” Mor persisted, “When arrest is itself illegal…interim relief is required.”
The HC said the Kochhars could raise the plea on January 2, 2023, when the regular court hearing begins after vacation.
The CBI allegation is that the accused caused a loss of over Rs 1,700 crore to ICICI Bank and also that a flat worth Rs 5 crore was given to Deepak Kochhar for Rs 11 lakh.
The couple contended their arrest was illegal and essentially wanted to argue for interim release and protection of their right to liberty seeking quashing of the remand order. Their only son is due to get married on January 15. Their son and daughter along with their son-in-law were present in court.
The CBI filed its FIR on January 22, 2019 against the KochharsV N Dhoot and Videocon group companies as well as Supreme Energies Pvt Ltd for causing a loss of over 1,730 crore to ICICI Bank by sanctioning loans to Videocon Group of Companies in contravention of rules and policies of ICICI Bank. The CBI arrested Dhoot on December 26, and all were remanded to its custody by a special trial court till December 28.
The Kochhars’ senior counsel Amit Desai and Vikram Chaudhri appeared before the vacation division bench of Justice Madhav Jamdar and Justice S G Chapalgaonkar to mention the matter. They were about to be mentioned when Justice Jamdar reminded the senior counsel of the HC tradition to enable junior lawyers to mention matters during court vacation. It is also part of the HC rules for designated senior advocates. “It is a matter of personal liberty of the accused,” said the senior counsel.
Advocate Kushal Mor then mentioned their plea and said the Kochhars were arrested four long years after the FIR was registered. He said the Kochhars were illegally arrested under the Prevention of Corruption Act in violation of a clause of prior sanction under Section 17A for any offence alleged against a public servant in discharge of official duties.
Mor added the arrest is also in violation of Section 41 A of CrPC, which for an offence that attracts up to seven years’ imprisonment requires police to issue a notice to the accused to seek an explanation and allows arrest only with written reasons.
The HC asked what was the relief being sought. Mor said, “Quashing.” The bench said, “Quashing, no urgency.” Mor said, ”Quashing of remand order.” He added, “For their release, there is urgency.” The HC said, “For release you can also seek bail in regular court.” Mor persisted, “When arrest is itself illegal…interim relief is required.”
The HC said the Kochhars could raise the plea on January 2, 2023, when the regular court hearing begins after vacation.
The CBI allegation is that the accused caused a loss of over Rs 1,700 crore to ICICI Bank and also that a flat worth Rs 5 crore was given to Deepak Kochhar for Rs 11 lakh.
[ad_2]
Source link
