Delhi High Court Stays Trial Against Bina Modi In Case Over Alleged Assault On Samir Modi

The Delhi High Court on Wednesday stayed the trial court proceedings initiated against industrialist Bina Modi and senior lawyer Lalit Bhasin in connection with an alleged assault of Godfrey Philips India (GPI) executive director Samir Modi during a board meeting in 2024.

Justice Saurabh Banerjee passed the interim order in the pleas filed by Modi and Bhasin challenging a trial court order summoning them in the matter.

The trial court in February had taken cognizance of the offences in the chargesheet filed by the Delhi Police and had issued summons to all three accused, including Bina Modi's personal security officer Surendra Prasad, over allegations of assaulting Samir Modi.

Senior Advocate Mukul Rohatgi appeared for Bina Modi and argued that there was no incident of any nature which could have prompted the trial court for passing the summoning order.

He said that the interim order was liable to be set aside since the trial court has drawn incorrect conclusions against the IO and proceeded on the assumption that the investigating officer had means to “exonerate” anyone, much less Bina Modi, as if the IO was acting as the “deciding authority in a case that he is investigating.”

Rohatgi said that the findings of the trial court were without any basis.

Issuing notice on the pleas, the Court granted four weeks' time to the Delhi Police to file a status report. It also asked the parties to file their written synopsis.

“In the meanwhile, there shall be a stay on the pending proceedings…,” the Court said.

As per the Delhi Police, Samir Modi, on May 30, 2024, had gone to the GPI office to attend a board meeting as the executive director.

He claimed that Prasad had then stopped him from entering the boardroom on Bina Modi's instructions and assaulted him when he insisted on attending.

Samir Modi, in his complaint, alleged that his right index finger was broken and required surgical intervention with insertion of a screw and wire. The medico-legal certificate described the injury as grievous. CCTV footage of the incident was also collected.

Samir Modi further alleged that when he informed Bina Modi about the assault, she asked him to sit down and allow the meeting to proceed, and that Bhasin also insisted the meeting continue despite his injuries.

Title: Bina Modi v. State & Anr and other connected matter