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'Appalled' By UP Police Arresting Interim Resolution Professional, Supreme Court Issues Show-Cause Notice To Officer

Mehal Jain
3 March 2021 8:50 AM GMT
Appalled By UP Police Arresting Interim Resolution Professional, Supreme Court Issues Show-Cause Notice To Officer
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The Court observed that the police official was not familiar with the IBC provisions giving privilege to IRP

The Supreme Court has stated that it is "appalled" by the arrest of a court-appointed Interim Resolution Professional (IRP) Anuj Jain by the Uttar Pradesh police in a criminal case and ordered his release forthwith. Jain was arrested from Mumbai by the Greater Noida police in connection with an FIR alleging that the Jaypee Infratech Limited (JIL) and its IRP Anuj Jain have not taken up...

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The Supreme Court has stated that it is "appalled" by the arrest of a court-appointed Interim Resolution Professional (IRP) Anuj Jain by the Uttar Pradesh police in a criminal case and ordered his release forthwith.
Jain was arrested from Mumbai by the Greater Noida police in connection with an FIR alleging that the Jaypee Infratech Limited (JIL) and its IRP Anuj Jain have not taken up safety measures suggested by the IIT in its safety audit conducted in 2018 to reduce road accidents.
The bench of Justices A. M. Khanwilkar and Dinesh Maheshwari on Tuesday sought a personal affidavit from the IO concerned.
"We are appalled to see that the manner in which the Uttar Pradesh Police has handled this case emanating from F.I.R. No.0098/2021, registered at Police Station Beta-II in District Greater Noida, including to take the extreme step to arrest the Interim Resolution Professional, Mr. Anuj Jain who was working in that capacity pursuant to the order passed by the Court and entrusted with the functioning of the Company in question. It is seen that the police official dealing with the case is not familiar with the provision of privilege of interim resolution professional appointed by the Court, in terms of Section 233 of the Insolvency and Bankruptcy Code", said the bench.
Mr. R.K. Raizada, senior counsel appearing for the State of Uttar Pradesh, on instructions, submitted that the Investigating Officer, Mr. Bijendra Singh, was of the view that the applicant may leave India at any time to avoid the prosecution and for securing his presence thought it necessary to arrest him from Mumbai.
"We will examine this aspect of the matter elaborately at appropriate time by treating this application as substantive writ petition filed by the applicant under Section 32 of the Constitution of India and to be numbered accordingly", observed the bench
In the meantime, the court directed immediate release of the applicant, Anuj Jain, who is presently in custody of Police Station, Beta-II, District Greater Noida, Uttar Pradesh and had been produced on Tuesday before the Court of Chief Judicial Magistrate, Gautam Buddh Nagar, Uttar Pradesh.
The bench further directed the Investigating Officer not to take any coercive action against the applicant in connection with the subject F.I.R. until further orders.
"We also issue notice to the Investigating Officer, Bijender Singh, Sub-Inspector, as to why appropriate action is not taken against him for taking such drastic action against the applicant. He shall file his personal affidavit explaining the position within two weeks from today", required the bench.

Click here to read/download the order



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