Saradha Scam: High drama as court applies Sec 409 against Madan Mitra

The section has been incorporated on the ground that, it had been inadvertantly dropped earlier.

By: Press Trust of India | Kolkata | Published: February 10, 2015 4:31:25 am

A city court Monday night incorporated section 409 of IPC (criminal breach of trust by a public servant) against jailed West Bengal Transport Minister Madan Mitra in Saradha chit fund scam case on a plea by CBI amid high drama in the court room with a section of lawyers demanding a hearing before passing any order.

Additional chief judicial magistrate Haradhan Mukhopadhyay incorporated the Section on the ground that the it had been inadvertantly dropped earlier.

CBI had moved the court seeking incorporation of Section 409 of IPC which allows a chargesheet to be filed against an accused within 90 days of arrest. The IPC Sections slapped against Mitra, who was arrested on December 12 last year in connection with the Saradha scam, mandated the chargesheet to be filed within 60 days of arrest. He had been charged under sections 420 (cheating) and 120B (criminal conspiracy) of IPC.

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Mitra had last Friday filed a bail plea in the Alipore District and Sessions Judge’s Court and it is scheduled to come up for hearing on February 11.

The bail petition was filed apparently to take advantage of the prosecution’s failure to file the chargesheet within the statutory period of 60 days, which led to former TMC MP Srinjoy Bose getting bail. Bose too was arrested in connection with the Saradha scam.

There was high drama in the court room today with a section of lawyers demanding that the defence counsel be heard before passing any order. They also said that as a senior lawyer died Sunday, they were not attending court as a mark of respect to the departed colleague and as such the judge should not pass any order in this matter.

Mukhopadhyay, however, remained firm and said that he would pass the order today itself.

The verbal tussle continued between these lawyers and the judge for a few hours before the matter was resolved and the court finally passed the order.

Mitra is now being held in Alipore Correctional Home.

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