The Supreme Court on Thursday set aside the Patna High Court’s order that directed Sahara India Chief Subrata Roy to appear before the court. The top court said the high court exceeded jurisdiction in the matter.
A bench of Justices A M Khanwilkar and J B Pardiwala was hearing a special leave petition filed by Roy challenging two orders of the Patna High Court dated February 11 and April 27. The high court had passed the order while hearing the anticipatory bail application of another person.
WHAT WAS THE HIGH COURT ORDER?
On February 11, the Patna High Court had directed to add Sahara Credit Cooperative Societies Limited and Roy as opposite parties to a bail petition pending before it and later, directed him to personally appear before it.
On April 27, the high court had directed Subrata Roy to appear personally before the court and the Sahara group to come up with a plan for the return of investment of its investors.
WHAT DID SUPREME COURT SAY?
The Supreme Court said that while entertaining anticipatory bails filed by some accused, the high court went on to inquire into matters unrelated to the facts relevant for deciding the application.
The bench of Justices A M Khanwilkar and J B Pardiwala said the enquiry in such proceedings should be limited to the concerned applicant who has come before the court. It added that there should be no attempt to inquire into matters beyond the FIR’s scope of enquiry.
The bench observed that in the present case, the high court kept the application for anticipatory bail pending and issued a notice to third parties to appear before the court. “That, in our opinion, is impermissible and cannot be allowed,” said the bench.
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