Sushree Mohanty
The Supreme Court has passed an order seeking immediate release of Mr. Anuj Jain, the Interim Resolution Professional who was working in the capacity as per the request passed by the Court without forcing any conditions.
The Advocate representing the state of Uttar Pradesh had submitted that the Investigating Officer, Mr. Bijendra Singh, apprehended that Jain may attempt to abscond from India to avoid investigations, and thus it was necessary to remand him in custody
The Division Bench comprising Justice A.M. Khanwilkar and Justice Dinesh Maheshwar expressed their displeasure over the manner the Uttar Pradesh Police investigated the matter.
The court additionally reprimanded the police for taking such extreme steps to detain Mr Jain and stated that
“The police officer dealing with the case is not familiar with the provision of privilege of interim resolution appointed by the Court, in terms of Section 233 of the Insolvency and Bankruptcy Code.”
A First Information Report (FIR) was filed against Mr. Anuj Jain at Police Station Beta-II in District Greater Noida, while he was still holding the office as an Interim Resolution Professional.
Jain was arrested from Mumbai by the Greater Noida Police in the wake of the complaint which affirmed that JIL, which operates the 165-km Yamuna Expressway, and Jain have not taken security measures proposed by the Indian Institute of Technology in its security review directed to help reduce road accidents.
The First Information Report was regarding a road mishap that took place on the Expressway.
The court ordered for an immediate release of Jain who was made to appear before the Court of Chief Judicial Magistrate, Gautam Buddha Nagar and Uttar Pradesh.
Additionally, the bench directed the concerned authorities as well as the investigating officers to not take any steps against the petitioner in contradiction with the Court’s directions until further notification.
The bench, while seeking answers to why no action has been taken against the Investigating officer, Sub-Inspector Bijender Singh for his actions, directed him to produce an explanation on his affidavit about the circumstance and position within fourteen days before the Court.
“We also issue a notice to the Investigating Officer, Bijender Singh, Sub-Inspector, as to why appropriate action is not taken against him for taking such drastic action against the applicant. He shall file his personal affidavit explaining the position within two weeks from today.” read the order.
The Court further said that it will deliberate upon the case at a suitable pace and time and will accept the application filed by the petitioner under Article 32 of the Indian Constitution as a substantive writ.