Bombay HC rejects Rakesh Wadhawan’s plea challenging his custody to EOW

The Bombay High Court on Monday rejected the petition filed by Housing Development and Infrastructure Limited’s (HDIL) promoter Rakesh Wadhawan, 69, challenging his custody granted to the Economic Offence Wing (EOW) in an alleged housing scam of Rs 113 crore after filing of the chargesheet in the case.

The EOW, in September 2020, had registered an offence against Rakesh, Sarang Wadhawan other directors of HDIL and its subsidiary firm Guruashish Constructions Pvt Ltd under Maharashtra Ownership of Flats Act (MOFA). They were accused of taking money from 465 homebuyers and not delivering them flats in their project, The Meadows, at Goregaon.

On Monday, Justice PD Naik rejected Wadhawan’s petition saying: “Petition is rejected. Reasons to be recorded separately.”

Wadhawan had challenged the order of the trial court of July 7 this year wherein his custody was granted to the EOW after the chargesheet was filed in the case and cognizance (of the chargesheet) taken by the court.

Niranjan Mundargi, Wadhawan’s advocate, argued that the EOW had already filed the chargesheet in the case and Rakesh has been named in it. “They (EOW) have even filed chargesheet against me (Rakesh). AT the time, I was in custody in another case. Hence, they can’t even say I was not available for questioning and hence require his custody,” argued Mundargi seeking quashing of the remand order.

Additional public prosecutor Arfan Sait opposed the plea citing Supreme Court judgment which said that an accused’s custody can be taken by the investigating agency even after filing of the chargesheet.

In December 2020, the EOW completed the investigation and filed the chargesheet in the case against Sarang Wadhawan and Rakesh Wadhawan. All the while, Rakesh was not arrested in the case.

On February 18, 2021, Sarang Wadhawan was granted bail by the additional session in the case.

Rakesh Wadhawan, then on April 19, 2022, filed a bail plea before the special judge citing parity.

However, the sessions judge on April 29 this year, issued a warrant against Rakesh Wadhawan following an application filed by the EOW seeking his remand in the case.

The court then remanded him to EOW custody which he challenged before the HC.

Published on: Monday, July 11, 2022, 07:31 PM IST