By Deepak Tijori Justice Gadkari said the court cannot decide on granting “ex-parte” ad-interim relief without hearing the respondent authorities and asked the public prosecutor to file a reply to the plea. The HC will hear the plea next on July 29.
The Bombay High Court on Tuesday sought a response from the Mumbai Police in a plea by businessman Raj Kundra, arrested in the adult films case, alleging that his arrest was illegal as he was not served legal notices as per law. The court said it cannot decide on granting interim relief and pass an order without hearing respondent authorities and adjourned the hearing in the plea.
The petition, senior advocate Aabad Ponda and advocate Subhash Jadhav, stated that Kundra’s name is not mentioned in the FIR. It alleged that the police searched Kundra’s office and, therefore, had directed him to remain present at the crime branch office. The petition also claimed that he was arrested without being served a notice in violation of laws safeguarding a person from arrest when the offense carries less than seven years of imprisonment.
Public prosecutor Aruna Pai, for the police, submitted that due procedure was followed by the prosecution and that Kundra was given due notice under section 41A of the CrPC.
The matter was listed before the single-judge bench of Justice Revati Mohite-Dere, however, as the same was not available for ‘judicial work’, the case was mentioned before a single-judge bench of Justice A S Gadkari.
Justice Gadkari said the court cannot decide on granting “ex-parte” ad-interim relief without hearing the respondent authorities and asked the public prosecutor to file a reply to the plea. The HC will hear the plea next on July 29.