Subrata Roy Gets One Week To Surrender After Day-Long Courtroom Drama
Kapil Sibal rendered an unconditional apology to the Supreme Court on Friday afternoon.
The Supreme Court on Friday sent Sahara chief Subrata Roy back to jail after a heated courtroom exchange but later decided to give him a week’s time to surrender after Roy’s counsel, Senior Advocate Kapil Sibal offered an unconditional apology. The apex court was hearing the ongoing legal tussle between Securities and Exchange Board of India (SEBI) and Sahara.
In the early hours of the hearing, the Chief Justice of India-led bench sent Subrata Roy and the two directors of the Sahara Group back to custody, in Tihar Jail, after being miffed with senior advocate Rajeev Dhavan’s conduct during the hearing. Dhavan is representing the Sahara Group in court.
Following the court’s initial order, Sibal rendered an unconditional written apology for Dhawan’s behaviour and assured the court that such conduct would not be repeated in the future.
I have no words...The statement made by the gentleman (Rajeev Dhavan) should not have been made.Kapil Sibal, Subrata Roy’s Counsel
Heated Exchange
Dhavan had told the court on Friday morning that market regulator Securities and Exchange Board of India is not keeping the group’s lawyers informed of the sale of Sahara assets and the process by which they are being auctioned.
“You (Sahara) have given a list of properties that have been attached by the Income Tax Department. If you (Sahara) don’t want to be heard go back to jail,” the Chief Justice hit back.
Calling this an “unfair remark”, Dhavan added that Sahara has already submitted Rs 352 crore for extension of Roy’s parole.
Angered by Dhavan’s remarks, the apex court ruled that Roy and two company directors should be remanded to custody.
At the request of the learned counsel for the contemnors, post again on Monday i.e. 3rd October, 2016 at 2 P.M. In the meantime, the interim arrangement made by this Court shall stand terminated. The contemnors are given one week’s time to surrender back to custody.Supreme Court’s September 23 order in the morning
Another Hearing For Roy
Sibal then approached the Chief Justice of India at 1:15 pm on Friday afternoon and apologised for the exchange. “I came rushing to court after I heard what happened. It was most unfortunate,” he told the Chief Justice of India TS Thakur.
The CJI observed, “No matter how eloquent and scholarly you might be you cannot raise your voice and throw your weight around. It is not wrong to be persistent but it can be done politely. It’s not that as if it was joyful for us. The situation was such that it was unavoidable.”
But he agreed to reconsider the order remanding Subrata Roy back to custody.
Later in the day, the court gave the Sahara chief and the two directors one week to surrender. Lawyers of the group moved an application seeking an extension of parole, which the Supreme Court will consider on September 28.
CJI’s Comments ‘Unchartitable’: Dhavan
Upset with the Chief Justice of India’s remarks, Dhavan wrote a letter defending his stance by terming the Chief’s comments as “uncharitable” and “unfortunate.”
“It is reported that Mr Kapil Sibal apologised on his client’s behalf. Let me make it clear: I do not apologise for anything said in the court and reject the apology made on my behalf,” Dhavan said in the letter he had written after the hearing,
Hitting out at the Chief Justice of India for remanding Roy and others back to custody, Dhavan writes: “Orders passed in a temper, especially when all conditions are fulfilled is both inappropriate and unbecoming. I respect the institution which I have studied since 1970 and practiced regularly since 1992. It is the duty of a lawyer to tell the judge where there is failure of justice and due process.”
Meanwhile, SEBI informed the apex court on Friday that out of 58 Sahara Group properties that the regulator was permitted to sell, 47 have been attached by the Income Tax department.
Sahara chief Subrata Roy was sent to Tihar jail in 2014 for non-compliance of an order, asked Sahara to pay Rs 10,000 crore, half in cash and half as bank guarantee, to secure Roy’s release from prison. However, on account of Roy’s mother’s demise in May, the apex court permitted his release. Roy got parole extensions on three occasions since June by making regular deposits. His parole was earlier extended till September 23.