Supreme Court refuses to order arrest of Anil Ambani in bank fraud case
On the demand for arrest, Solicitor General Tushar Mehta appearing for the probe agencies said “there are other FIRs, they are still investigating” and it’s “little too early to say there is decision either way”.
Bhushan said he had attached a copy of the chargesheet with an affidavit filed before the court and added “they have already arrested people whom they say were acting at the instructions of the kingpin and the kingpin is not arrested”.
The Supreme Court on Friday refused to give directions for the arrest of Anil Ambani in connection with the bank loan fraud case against Anil Dhirubhai Ambani Group (ADAG) of companies, saying that it was up to the investigating agencies to take a call. The top court underlined the matter involving public money requires a thorough and time-probe probe so that public confidence is maintained.
“General principle is that for an effective investigation or to take an investigation to a logical conclusion, there are cases where custodial interrogation becomes imperative. There are certain circumstances also depending on…We leave it to the wisdom of the investigating authorities as of now without expressing any opinion. Let us see how they proceed and what they do,” Chief Justice of India Surya Kant presiding over a two-judge bench said.
The bench also comprising Justice Joymalya Bagchi was hearing a plea by former Union secretary E A S Sarma seeking a court-monitored probe into the cases of alleged bank loan fraud involving the ADAG. The CJI made the remark as Advocate Prashant Bhushan appearing for Sarma said the CBI had filed a chargesheet in two cases in Mumbai wherein it had named Anil Ambani as the “kingpin” but had not arrested him so far.
Bhushan said he had attached a copy of the chargesheet with an affidavit filed before the court and added “they have already arrested people whom they say were acting at the instructions of the kingpin and the kingpin is not arrested”.
Justice Bagchi said the SC had repeatedly advised caution in arresting someone unless it was unavoidable. He said the agencies need to focus on collection of evidence, preservation, protection and production of witnesses “rather than the sensationalisation of investigation through arrest”. The judge added “even if the allegations are grave, if there is cooperation…, the examination of evidence and witnesses is not jeopardised, “we are not going to put the cart before the horse”.
Justice Bagchi said “on one hand, we are going to develop a jurisprudence like…Pankaj Bansal…Again when we monitor investigation, (if) we activate enforcement agencies like bloodhounds will be actually going contrary to the law we are laying down”. In the Pankaj Bansal case, the SC while underscoring the principles of personal liberty had mandated serving written grounds of arrest to the accused.
The judge said whether to arrest an accused or not is the subjective decision of the probe agency. On the demand for arrest, Solicitor General Tushar Mehta appearing for the probe agencies said “there are other FIRs, they are still investigating” and it’s “little too early to say there is decision either way”.
Senior Advocate Kapil Sibal appearing for Anil Ambani wondered how the petitioner had got the chargesheet copy when the court had not taken cognisance of it yet. “I am a little pained. Cognisance has not been taken by the court. How does he have the chargesheet? Except the court and the agency, how does he have the chargesheet”, adding the petitioner’s “only agenda is to arrest Anil Ambani…If chargesheet stands filed, I will defend myself. I have cooperated every time… I have not sought anticipatory bail.”
The CJI said “that’s why we are not saying anything”.
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