A special court on Monday issued notices to CBI officers who took custody of Dewan Housing Finance Corporation (DHFL) promoters Kapil Wadhawan and Dheeraj Wadhawan from Taloja jail and took them to UP, stating that the transfer was ‘prima facie not as per law’.
Wadhawan’s lawyers had moved the special court complaining that the two were taken to UP from Taloja jail without the court’s permission or knowledge. The brothers had been taken by train. The court had called for the jail superintendent’s explanation.
On Monday, the special court under the Prevention of Money Laundering Act (PMLA) said it appears they have been handed to CBI officers, Lucknow without intimation to it. Wadhawans are in judicial custody of the court in a money laundering case concerning Yes Bank. The court said the record prima-facie indicates that no request letter is forwarded by the court concerned in UP either to CBI or to it.
“It appears that the Superintendent, Taloja jail without prior intimation to this court straightway handed the accused persons to the authority concerned,” the court stated, adding that till date it has not received any letter from a Lucknow court.
It then noted that it has been informed that both are undergoing CBI custody till Monday, which is further extended till Wednesday. “Law requires some procedure to be followed by the investigating authority concerned who wants the accused transferred for the investigation pending before him. The way in which both accused have been handed to the authority concerned by the superintendent, is prima-facie not as per law,” it said.
It then called for a detailed report from the Taloja jail authority seeking explanation how they were handed over without the court’s knowledge. It also issued notices to the CBI officers who took custody of the brothers to submit a detailed report why they did not follow the law scrupulously.
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