HC denies Malvinder’s request for physical meeting with counsel


The Delhi High Court has refused to direct prison authorities to facilitate physical meetings between ex-Fortis promoter Malvinder Mohan Singh and his counsel outside of Tihar jail. 

While denying Singh’s request, the court noted that its extraordinary powers were not meant to be exercised at the disposal of the “affluent” accused, who do not leave any stone unturned to “arm-twist” the law to achieve their “scrupulous” ends.

Justice Chandra Dhari Singh noted that Singh, arrested for alleged misappropriation of funds from Religare Finvest Ltd. along with others, is alleged to have swindled the proceeds of crime to the tune of ₹2,397 crores.

“Economic offences are detrimental not only to the economy of the nation but also to the society at large. The underprivileged and downtrodden are often at the receiving end of the after-effects of such offences,” the High Court said in its May 6 order.

Singh, facing litigations in various forums in connection with the case, had sought directions to be issued to the superintendent of Tihar jail to facilitate physical meetings with his advocate at the Delhi High Court Mediation Centre.

On December 7, last year, a local court rejected Singh’s request to consult physically with his lawyers outside jail premises, while in custody. Singh wanted physical consultation to prepare for proceedings against him before the Supreme Court, High Courts of Delhi and Chandigarh, and various other district courts and forums.

The local court had said that Singh’s application cannot be entertained “for the reason that there is no provision in CrPC (The Code of Criminal Procedure) or any other law, which permits this court to allow such application”.

“Even otherwise the accused — Malvinder Mohan Singh, who has filed this application, has not referred to any provision of law, in support of the same,” the court had said.

The Centre’s counsel Amit Mahajan submitted that Singh’s petition was devoid of merits and was nothing but an abuse of process while seeking its dismissal.

Taking note of the facts of the case, Justice Singh said “there is no reason to interfere” with the order passed by the local court.

The High Court said its “extraordinary writ jurisdiction cannot be exercised to give special treatment to the petitioner by facilitating physical meetings for him with his counsel.

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Printable version | May 15, 2022 11:40:50 pm |