PMC scam: SC stays HC order allowing shifting of HDIL promoters from jail to their residence
NEW DELHI: The Supreme Court on Thursday partially stayed the Bombay High Court order allowing shifting of HDIL promoters Rakesh Wadhawan and Sarang Wadhawan, accused in the multi-crore Punjab & Maharashtra Cooperative (PMC) Bank scam case, from Mumbai’s Arthur Road Jail to their residence.
A bench comprising Chief Justice S A Bobe and justices B R Gavai and Surya Kant took note of the submissions of Solicitor General Tushar Mehta that the high court order to the extent of allowing their release from prison needed to have stayed.
The law officer said the other aspect of the high court order such as the sale of assets of the accused promoters under the supervision of high court-appointed committee should be allowed to remain operative and the sole objective was with regard to their release from Arthur road jail.
The top court agreed with the submissions. Earlier during the day, the apex court had agreed to consider the plea of enforcement agencies against the high court order to release them from jail and keeping them in their residence under the constant watch of prison guards.
Mehta mentioned before the bench that the PMC bank scam involved Rs 7000 crore and the high court had on Wednesday passed a very “unusual order” while hearing a public interest litigation (PIL).
Mehta told the bench that the father-son are presently lodged under Arthur Road jail in judicial custody and if they are shifted to their residence as per the high court’s order, it would be like bail to them.
The high court had on Wednesday set up a three-member committee for valuating and sale of encumbered assets of Housing Development and Infrastructure Limited (HDIL) to expeditiously recover dues payable by the firm to PMC bank.