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A special court on Thursday directed the CBI to take “immediate urgent steps” to bring accused Kapil Wadhawan and Dheeraj Wadhawan to Taloja Central Jail in Navi Mumbai from Uttar Pradesh.
The two promoters of DHFL, booked by the CBI and ED in Mumbai in connection with the alleged fraud in the Yes Bank case, were taken last month to Uttar Pradesh by CBI officers in connection to another case.
Last week, the court had said that the officers had not prima facie followed the law in taking the custody of the accused from the prison without informing it.
Special Judge M G Deshpande said on Thursday that the two are facing a number of cases and their custody can be ordered to be taken by concerned courts. “However, it has to be noted that no request letter, along with production warrant, was received by this court from the court in Lucknow. It is prima facie clear that police/CBI authorities, without informing this court, in whose judicial custody both the accused are, have taken their custody from superintendent of Taloja jail and straightaway taken them to UP,” the court said.
The lawyers for Wadhawans had said that neither they nor the families of the accused were informed before they were taken to UP. Following this, the court had issued notices to the jail superintendent and the CBI officers.
The court said, “There is every possibility that the UP court may transfer the custody of the accused to various other courts and various other courts may transfer (the same) to other courts. All this is likely to create serious consequences and this court will not be able to trace where the accused are. Hence, the CBI shall take immediate urgent steps to restore… both accused to Taloja Jail and submit its report to this court.”
It added this was an initial order and the application by the two challenging their transfer to UP will be heard when the CBI files a detailed reply.
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