Remain present in court, HC to Subrata
The Bombay High Court on Tuesday directed Sahara group chairman Subrata Roy Sahara to appear before the special court and face proceedings in framing of charges that are likely to be conducted on Wednesday. The HC has also asked the Sahara group promoter to file a discharge plea on Wednesday itself, giving temporary relief from an earlier special court ruling which barred him from filing a discharge plea.
A single-judge bench of Justice Rajesh Ketkar was hearing a criminal writ petition filed by Roy, challenging the orders of a special Securities Exchange Board of India (SEBI) court. The special court had passed an order on May 18, barring Roy from filing a discharge application.
The orders were passed after Roy failed to appear before the court to face the framing of charges proceedings. He had sought exemption from the court citing acute gastroenteritis.
In his petition before Justice Ketkar, Roy claimed that the order of the special court has deprived him from his right to seek discharge from the entire proceedings.
Senior counsel Rajiv Chavan, appearing for Roy, cited the relevant provisions from the Code of Criminal Procedure (CrPC) and argued that his client’s rights have been curtailed by the special court. He also assured the bench that his client would personally remain present in the special court on the next date of hearing which is scheduled for June 7.
SEBI counsel objected the petition on the ground that Roy has delayed the proceedings time and again on the pretext of filing a discharge plea. He told the bench that Roy has failed to comply with his own undertaking, which he had earlier submitted to another bench of the HC stating that he will not miss a single hearing in the special court.
After hearing both the sides, Justice Ketkar asked Roy to submit an undertaking stating that he would not skip any hearing in the future and that he would file his discharge plea on Wednesday itself and won’t cause further delay in the proceedings.
Roy, along with three others, has been named by SEBI in a private complaint before the Bandra Court in 2012. The regulatory authority has claimed that Roy has violated several provisions of SEBI and the Company’s Act. He has been granted bail in 2015 and is out since then.