Times of India: New Delhi: Saturday, August 22, 2015.
Delhi
Police's failure to execute a non-bailable arrest warrant against an
ex-director of a liquidated UB Group company, coupled with a 'lecture' on how
police functioned, forced the Supreme Court to issue contempt of court notice
to the commissioner of Delhi Police on Friday.
A bench of
Justices J Chelameswar and A M Sapre was shocked by the 'lecture' given in the
report filed by a senior official of Delhi Police's south district on the
manner in which the police functioned despite its failure to execute the arrest
warrant issued by the apex court.
Before
issuing contempt notice to the police chief, the bench said if this was the
approach of the police towards implementing the apex court's orders, it would
be better that such a force was wound up.
The case
related to a cheating case filed by one Gandharb Singh Bhadwal against Mcdowell
Krest Finance Ltd and its directors including Vijay Mallya. Since the company
went into liquidation in 2000, both the trial court as well as the Delhi High
Court had dismissed the complaint of cheating. However, the SC had entertained
the appeal and issued notices to the respondents.
Except one
ex-director, Krishna Murthy, all other respondents were served notices and
entered appearance before the SC through their counsel. Murthy's repeated
absence led to issuance of non-bailable arrest warrant against him on September
1 last year.
An additional
sessions judge in the Saket court in south Delhi had informed the SC on
February 17 that several efforts were made to execute the NBW against Murthy
but he was not found at his address 3, Billary Road, Raja Mahal Villas
Extension, Bangalore, where he was a tenant. "One last ditch attempt is underway
and the NBW has been issued returnable on March 12 through deputy commissioner
of police (south)," the sessions judge had said.
On July 6,
the bench headed by Justice Chelameswar said, "We deem it fit to direct
the commissioner of police, Delhi, to take appropriate steps for securing the
execution of non-bailable warrant issues against Krishna Murthy
expeditiously." However, on Friday, the police reported failure in
executing the NBW.
Bhadwal had
alleged that he had deposited Rs 55,000 with Mcdowell Krest Finance Ltd in
1996, which subsequently changed its name to Krest Finlease Ltd. The fixed
deposit matured in 1997 but was forcibly renewed and retained despite repeated
reminders. He said he had contacted the Company Law Board to get back the money
but was informed in January 2004 that the company had gone into liquidation.
The company was, in fact, wound up on the basis of Madras High Court's July 3,
2000 order on an application by Canara Bank.
Through the
RTI Act, Bhadwal got to know that ex-directors of the company had not given
back the firm's assets and that was the alleged reason for his money not being
returned. He filed a complaint before the metropolitan magistrate for registration
of a cheating case against the ex-directors. But the magistrate dismissed it.
His appeal before the sessions judge too was dismissed.
The Delhi
High Court dismissed Bhadwal's appeal on April 30, 2012 saying, "This
court cannot exercise its inherent power to make a civil dispute the subject
matter of criminal trial."
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