After Day-Long SC Drama, Subrata Roy Gets A Week To Surrender
“I regret the lawyer’s uncalled for statement and are also filing a written unconditional apology from the core of our heart. The lawyer (Rajeev Dhavan ) might have exceeded the brief and made unnecessary comments. It will not happen again…it will not happen again…I do not know what to say..but lordship please withdraw mornings order” SENIOR LAWYER KAPIL SIBAL WHO LATER REPLACED DHAVAN TO CJI.
“There are some seniors who raise their voice and try to browbeat the court. See there is a threshold to our tolerance..we are seriously considering withdrawing designation of such lawyers…. there are some senior advocates who are disrespectful to the court” CJI T S THAKUR TO SIBAL
In a huge relief to Sahara Chief Subrata Roy, the Chief Justice T S Thakur -led bench of the Supreme Court which had almost send him back to Tihar jail in the morning today following heated verbal exchange with his senior lawyer Rajeev Dhavan later in the evening gave him one week to surrender and also agreed to hear his plea for parole extension next Wednesday.
The turning point in the day long drama was when senior lawyer Kapil Sibal who came rushing in for an urgent mentioning just before the bench rose for lunch and tendered an unconditional apology which saved the day for Roy as CJI Thakur told Sibal that “let me consult my brother judges”.
The deft damage control move from Roy and Sahara group’s legal team worked as the bench changed the morning order--–“YOU GO TO JAIL. DON’T TELL US WHAT TO DO. WE ARE CANCELLING ALL INTERIM ARRANGEMENTS. LET ALL CONTEMNORS BE TAKEN INTO CUSTODY” to a much mellowed down “WE ARE GIVING YOU ONE WEEK TO SURRENDER. YOUR PLEA FOR PAROLE EXTENSION WILL BE HEARD NEXT WEDNESDAY” by evening.
DAY LONG DRAMA
“I regret the lawyer’s uncalled for statement and are also filing a written unconditional apology from the core of our heart. The lawyer might have exceeded the brief and made unnecessary comments. It will not happen again…it will not happen again…I do not know what to say..but lordship please withdraw mornings order”, Sibal said.
The CJI then told Sibal: “we were adjourning the matter. We were allowing you to sell properties. Do not think we are enjoying sending somebody to jail it actually pains us. May be he is very eloquent (Dhavan).. Then there are some people who raise their voice and try to browbeat the court. There is a threshold to our tolerance”.
Earlier, in strong words condemning Dhavan’s indecent words towards the court, the CJI had said some people play with the dignity of the court and there were some lawyers who are disrespectful towards the court”
"We are seriously considering withdrawing designation of such lawyers," CJI said.
The CJI said there are some senior advocates who are disrespectful to the court.
In the morning the bench cancelled all interim relief, including the bail granted to Sahara chief Subrata Roy and two others, and directed them to be taken into custody.
It all started when an altercation ensued between Dhavan and CJI Thakur when the lawyer said the group were not involved in the process of selling of properties by the SEBI.
“If you want to be heard, you go to jail. Don’t tell us what to do. All interim arrangements stand cancelled. Condemners are directed to be taken into custody,” the CJI shot back
Dhavan said “it was not a fair statement that they should be sent back to jail. We have deposited Rs. 352 crore already as per the last direction, which is Rs. 52 crore more. It is not a fair statement. You cannot pass such an order,” he kept repeating.
Counsel for SEBI said 58 properties were put on auction and they had sold eight of them, raising Rs. 137 crore. Five of the properties were provisionally attached. The the list of properties given by Sahara to them were those that were already attached, he said.
To this, the bench told him, “You gave a list of properties, which are already attached and you are not cooperating. It’s better if you go to jail.”
The bench asked the Sahara chief to deposit Rs. 300 crore to be allowed to remain on bail.
Dhavan then suggested that the matter be posted for hearing on September 30 when they would argue on it.
Soon after the bench passed the order directing that Roy and the others — Sahara directors Ashok Roy Choudhary and Ravi Shankar Dubey, be taken into custody, Sahara withdrew its counsel and apologised before the bench but the bench it did not mollify the bench which insisted on the harsh step.