The Supreme Court of India(SC)on Tuesday March 04,2014 ordered custody in jail for Sahara chief Subrata Roy until March 11,2014 after slamming the group’s “dilatory tactics” and trashing its claim of having already refunded investors.
The ardent appeal by Sahara Chief Subrata Roy, who had already tendered his “unconditional apology” to the SC, for suggesting an alternative so as to stave off judicial custody, failed to move the Bench of Justices K S Radhakrishnan and J S Khehar.
''We tried to accommodate you but you said go to hell. We tried again and again so that our orders are complied with but you pushed us in a corner. What do you want us to do? Hold our hands and ask you to pay? If we allow this anymore, every litigant will start behaving in this manner,” the Bench of Justices K S Radhakrishnan and J S Khehar said
Sahara Chief Subrata Roy will be kept in high-security Tihar prison where he will sleep on the floor and eat jail food like an ordinary prisoner "Unlike other jails, where prisoners are categorized under A, B or C category, we don't have such special class. So, he will be kept as an ordinary prisoner,"
"We have two complexes, one at Tihar and the other in Rohini. We have decided to keep him at the Tihar complex where he will be treated like any ordinary prisoner"Tihar Jail Spokesman Sunil Gupta told Apart from Subrata Roy, the bench also ordered that the group's other two directors Ravi Shankar Dubey and Ashok Roy Choudhary be taken into custody letting the woman director, Vandana Bhargava free Sahara Chief Subrata Roy has been sent to Tihar jail till the next hearing on March 11,2014Here is the Supreme Court order on his arrest:1.Contemnors(a person or entity who is guilty of contempt before a judicial or legislative body) are personally present in the Court, including the fifth respondent, who has been brought to the Court by the U.P. Police, in due execution of our non-bailable warrant of arrest.
2. We have heard the senior counsel on various occasions and perused the various documents, affidavits, etc. We have heard the learned counsel and contemnors today as well. We are fully convinced that the contemnors have not complied with our directions contained in the judgment dated August 31, 2012, as well as orders dated December 05, 2012 and February 25, 2013 passed in Civil Appeal No. 8643 of 2012 and 1 of 5I.A. No. 67 of 2013 by a three Judge Bench of this Court.
3. Sufficient opportunities have been given to the contemnors to fully comply with those orders and purge the contempt committed by them but, rather than availing of the same, they have adopted various dilatory tactics to delay the implementation of the orders of this Court. Non-compliance of the orders passed by this Court shakes the very foundation of our judicial system and undermines the rule of law, which we are bound to honour and protect. This is essential to maintain faith and confidence of the people of this country in the judiciary.
4. We have found that the contemnors have maintained an unreasonable stand throughout the proceedings before SEBI, SAT, High Court and even before this Court. Reports/analysis filed by SEBI on 18.02.2014 make detailed reference to the submissions, documents, etc. furnished by the contemnors, which indicates that they are filing and making unacceptable statements and affidavits all through and even in the contempt proceedings. Documents and affidavits produced by the contemnors themselves would apparently falsify their refund theory and cast serious doubts about the existence of the so-called investors. All the fact finding authorities have opined that majority of investors do not exist.
Preservation of market integrity is extremely important for economic growth of this country and for national interest.
Maintaining investors' confidence requires market integrity and control of market abuse. Market abuse is a serious financial crime which undermines the very financial structure of this country and will make imbalance in wealth between haves and have nots.
5. We notice, on this day also, no proposal is forthcoming 2 of 5to honour the judgment of this Court dated 31st August, 2012 and the orders passed by this Court on December 05, 2012 and February 25, 2013 by the three Judge Bench. In such circumstances, in exercise of the powers conferred under Articles 129 and 142 of the Constitution of India, we order detention of all the contemnors, except Mrs. Vandana Bhargava (the fourth respondent) and send them to judicial custody at Delhi, till the next date of hearing. This concession is being extended towards the fourth respondent because she is a woman Director, and also, to enable the contemnors to be in a position to propose an acceptable solution for execution of our orders, by coordinating with the detenues. Mrs. Vandana Bhargava, who herself is one of the Directors, is permitted to be in touch with the rest of the contemnors and submit an acceptable proposal arrived at during their detention, so that the Court can pass appropriate orders.
6. List on March 11, 2014 at 2.00 p.m. All the contemnors be produced in Court on that date. Mrs. Vandana Bhargava, the fourth respondent, to appear on her own. However, liberty is granted for mentioning the matters for preponement of the date, if a concrete and acceptable proposal can be offered in the meantime.
Note
Subrata Roy, after issuance of a non-bailable arrest warrant by the court, had been kept in a guest house in Lucknow by the Uttar Pradesh police for the last three days
Subrata Roy was in police custody at a forest department guest house in Lucknow's Kukrail
We
are now implementing our orders," Justices KS Radhakrishnan and JS
Khehar said before passing a short order sending Roy to judicial custody
at the close of court hours at 4 pm after hearing arguments for two
hours. This was despite the Sahara Group chief 's personal entreaties
seeking more time and urging the court to "have faith" in him that he
would pay up.
"I beg the court with folded hands to save us," Roy said at one point, offering to sell all assets to pay the sum. "We are la ..
"I beg the court with folded hands to save us," Roy said at one point, offering to sell all assets to pay the sum. "We are la ..
which sent him to Tihar Jail till he either offered a bank guarantee or made a concrete offer to pay.
"We are now implementing our orders," Justices KS Radhakrishnan and JS Khehar said before passing a short order sending Roy to judicial custody at the close of court hours at 4 pm after hearing arguments for two hours. This was despite the Sahara Group chief 's personal entreaties seeking more time and urging the court to "have faith" in him that he would pay up.
"We are now implementing our orders," Justices KS Radhakrishnan and JS Khehar said before passing a short order sending Roy to judicial custody at the close of court hours at 4 pm after hearing arguments for two hours. This was despite the Sahara Group chief 's personal entreaties seeking more time and urging the court to "have faith" in him that he would pay up.
the top court which sent him to Tihar Jail till he either offered a bank guarantee or made a concrete offer to pay.
the top court which sent him to Tihar Jail till he either offered a bank guarantee or made a concrete offer to pay.
the top court which sent him to Tihar Jail till he either offered a bank guarantee or made a concrete offer to pay.
"We are now implementing our orders," Justices KS Radhakrishnan and JS Khehar said before passing a short order sending Roy to judicial custody at the close of court hours at 4 pm after hearing arguments for two hours. This was despite the Sahara Group chief 's personal entreaties seeking more time and urging the court to "have faith" in him that he would pay up.
..
"We are now implementing our orders," Justices KS Radhakrishnan and JS Khehar said before passing a short order sending Roy to judicial custody at the close of court hours at 4 pm after hearing arguments for two hours. This was despite the Sahara Group chief 's personal entreaties seeking more time and urging the court to "have faith" in him that he would pay up.
..
Sahara is a honest and patriotic organisation which has done lot for our country (Every sports sponsered by them and In every natural calamities they have given tremendous support).
ReplyDelete