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SC does not give CBI custody
of former Delhi HC judge
May 07, 2003 13:09 IST
The Central Bureau of Investigation on Wednesday suffered a setback when the Supreme Court rejected its plea for custody of former Delhi High Court judge Shameet Mukherjee in connection with the investigation into a land scam in the Delhi Development Authority.
The apex court said the trial court can consider grant of further police remand of Shameet Mukherjee irrespective of a high court order granting him interim bail.
A bench comprising Justice S Rajendra Babu and Justice G P Mathur passed this order on an appeal filed by Additional Solicitor General R N Trivedi on behalf of the CBI.
Trivedi had sought police custody as the CBI needed to confront Mukherjee with the other co-accused in the case and investigate their role in the passing of orders for consideration of money and other benefits.
"No interference is called for in the high court order in view of the submissions by the respondent's counsel that the high court order does not come in the way of the trial court to consider further grant of court remand of the accused," the bench said.
The Delhi High Court had on Monday rejected Mukherjee's plea for regular bail but granted interim bail for a period of 30 days after the expiry of CBI custody on May seven, on health grounds of his wife and mother.
In his bail application, Mukherjee's counsel had pleaded that the former judge be enlarged on bail as his wife and mother were ailing and that he was ready to cooperate with the investigating agency.
On May one, he was produced before Special Judge V K Jain who remanded him to seven-day CBI custody while rejecting his bail plea.