Deepak Kochhar and Chanda KochharImage Credit source: File Photo : PTI
The arrest of former ICICI Bank MD-CEO Chanda Kochhar and her businessman husband Deepak Kochhar had already been declared 'illegal' by the Bombay High Court. When the detailed order of the High Court in this regard came out on Monday, the action of CBI has been put in the dock on many aspects. Coming down heavily on the CBI, the High Court said that it had arrested the Kochhar couple by 'abusing power'.
On February 6 itself, the Bombay High Court had passed an order declaring the arrest of the Kochhar couple as 'illegal'. Besides, his interim bail was also approved. However, the full order of the court in this case became available only on Monday 19th February.
'Chanda-Deepak have the right to remain silent'
During the hearing of the case, CBI had argued that the Kochhar couple were not cooperating in the investigation, hence they were arrested. On this, the High Court taught the CBI the lesson of law and said that the accused has the right to remain silent during interrogation. Article 20(3) of the Indian Constitution grants them the right to remain 'silence'. This is their fundamental right. This behavior of his cannot be compared with 'non-cooperation in investigation'. On this basis the court rejected the CBI's argument.
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The court did not stop here, it also put in the dock the arrest of the Kochhar couple under Section 41A of the Code of Criminal Procedure (CrPC). The court said that arrest under this section removes routine arrest, but it also has its limitations. Under this provision, arrest can be made only when the police has full confidence that the accused has committed a crime. There should also be supporting evidence for this. Whereas CBI can interrogate the accused under its powers, whereas its action like arrest comes completely under the purview of judicial review.
Court's seal on bail of Chanda-Deepak Kochhar
In the Bombay High Court, Justice Anuja Prabhudesai and Justice N.R. Borkar's division bench had on February 6 confirmed its own order of January 2023. Then another bench of the High Court passed an interim order and granted interim bail to Chanda and Deepak Kochhar immediately after their arrest.
The case of the arrest of Kochhar couple is related to Chanda Kochhar's alleged wrongful giving of loan to Videocon Group when he was the head of ICICI Bank. Taking advantage of his position, he provided this loan to Videocon. In return, Videocon helped Chanda Kochhar's husband Deepak Kochhar, who works in the renewable energy sector, in his business.
Apart from the Kochhar couple, the CBI had also arrested Videocon Group founder Venugopal Dhoot in the case. He was also granted bail by the High Court in an interim order in January 2023.
Source: www.tv9hindi.com
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