Bail must be granted argues Jagan’s counsel
The Special CBI Court which is hearing the two bail pleas filed by YSR Congress Party president and Kadapa MP YS Jagan Mohan Reddy adjourned the case to Nov 28.
Jagan Mohan Reddy had filed two petitions last week seeking bail one a statutory plea under Section 167 (2) CrPC and the other a regular petition under Section 437 of the CrPC.
After hearing the arguments presented by lawyers from the CBI and those representing Jagan, Judge U. Durga Prasad adjourned the case to Nov 28.
Seeking the release of his client Jagan Mohan Reddy under section 167 (2) CrPC, senior counsel Padmanabha Reddy argued that that “no power on earth could stop a person from getting bail except if the case was such in nature that it warranted the awarding of death or 10 years imprisonment”.
The CBI had failed to conclude its investigations in the case even after a lapse of six months and was not able to file the charge sheet in the stipulated 90 days period, Padmanabha Reddy, told the court.
“Keeping Jagan in jail will amount to perpetuating an illegality as the section 167 (2) clearly calls for enlargement on bail after the lapse of 90 days,” Padmanabha Reddy said.
There is nothing new that the CBI has unearthed against Jagan in the case pertaining to Sandur Power, Bharathi Cements, Raghuram Cements, Penna Cements, Group, Dalmia Cement, companies located in Kolkata and Mumbai and Indu Projects along with Lepakshi Knowledge Hub, the counsel argued.
From the CBI side, Balla Ravindranath its lawyer argued that Jagan’s counsel was trying to mislead the court. They had gone in appeal to the Supreme Court where the court told Jagan specifically not to apply for bail till further orders.
Countering this argument, Padmanabha Reddy said that his client never approached the SC on Section 167 (2) as at that time Jagan had not completed the statutory 90-day period imprisonment. He also said that bail under this section has to be sought in the trail court and not the apex court.
The CBI advocate also quoted Article 141 of the Constitution and said the Supreme Court orders are binding on all courts. He argued that the Supreme Court verdicts cannot be interpreted according to the needs of his client and the bail plea must be rejected.
Niranjan Reddy another counsel for Jagan Mohan Reddy said that SC verdicts have to be taken in the context and facts relating to a particular case and cannot be applied blankly.
He also said that though there are cases pending in Mumbai against Jagan, there is no reason that he should not get bail in this CC 8 pertaining to the first charge-sheet.
He also told the court that Jagan Mohan Reddy had been granted bail in charge sheets two, three and four after executing surety bonds stipulated by the court.
The CBI has grossly failed in its duty of completing investigation in the prescribed period. The intention of this agency is to harass Jagan Mohan Reddy, he said.
The judge after hearing the arguments adjourned the case to Nov 28, 2012.
Time line of Jagan’s case
On Nov 5, 2010 Congress MLA P. Shankar Rao writes a letter to HC seeks investigation in to assets of Y S Jagan Mohan Reddy.
As the Congress high command does not give permission for ‘odarpu yatara’, YS Jagan quits Congress Party on Nov 29, 2010. Also quits Lok Sabha seat and gives up primary membership of Congress.
With a week of his leaving the Congress, his business organizations receive notices from Income tax Department.
IT department says that Jagan’s enterprises must pay Income Tax on all the investments that have been made in them
Jan 24, 2011 - HC takes ‘Suo moto’ cognizance of Shankar Rao’s letter.
March 14, 2011 TDP asks the HC be made party to the petition filed by Shankar Rao
The TDP submitted copies of the very same documents submitted by Shankar Rao.
July 12, 2011, HC orders investigation in to investments in Jagan’s organizations by the CBI.
The CBI with lightning speed gets in to investigation mode and calls several people to depose before it.
With in two weeks, on July 26, 2011 a preliminary report was submitted by the CBI to the HC in a sealed cover.
After a perusal of the report the HC ordered a full fledged investigation by the CBI. From the very next day the harassment of Jagan begins.
In Aug 2011, the CBI files a FIR and forms 29 teams and conducts raids on Jagati Publications and other country wide establishments and business houses of the Jagan and his business associates.
On Aug 30, 2011 Enforcement Directorate files cases against Jagan.
After four months of extensive investigations on Jan 02, 2012 Jagati Publications auditor Vijay Sai Reddy is arrested and after 90 day of his arrest the CBI files first charge sheet on March 31, 2012.
Charge sheet usually means preliminary report after completion of investigations.
But the CBI resorted to a wily game by submitting memos to the court on April 02, 2012.
It submitted a plea to the court that it has to further investigate the case.
Under case CC No. 8 the CBI court received the first charge sheet on April 27, 2012.
Subsequently on April 23 and May 05, 2012 two more charge sheets were framed and filed in the CBI court.
Taking up the case for hearing filed through the first charge sheet, the court summoned the accused Jagan Mohan Reddy to be present in the court on May 28, 2012.
Without even seeking the facts from Jagan, the CBI had filed three charge sheets. And from May 25, 2012 for three days the CBI had questioned Jagan continuously from morning to evening.
All the three days Jagan had briefed the media on the questions asked by the CBI and that the answers provided by him.
Though he was scheduled to appear before the court on May 28 morning, the CBI arrested him on the evening of May 27, 2012 citing the reason that Jagan was not cooperating with the CBI in investigations.
On 28 they presented him in the CBI court and sought his custody for 15 days.
As Jagan was arrested as accused in the case CC 8 on the first charge sheet in which the investigations were completed the court rejected the plea of the CBI.
The court sent Jagan to judicial custody. The CBI then went in appeal to HC.
It questioned the lower court’s verdict rejecting the permission for CBI custody of Jagan.
The CBI in its appeal said as the crimes were of a specific nature and that they were filing special charge sheet.
The court while granting permission for a special charge sheet said that all the crimes were listed in the FIR and the investigation officers were aware of all the facts and though the arrest may be for a single crime in the list, it should be taken as Jagan being arrested for all crimes in the FIR,
On May 29, 30 the court decides to hear cases filed under second and third charge sheets.
Jagan seeks bail by filing petition in Supreme Court on July 27, 2012.
After hearing the case in its order on Oct 05, 2012 said that after the investigations were completed in the case the petitioner gets the right to apply for bail.
Jagan has been so far been granted bail in charge sheets two, three and four.
Jagan files two petitions in CBI court seeking bail - a statutory bail plea under Section 167 (2) and the other under Section 437 CrPC. Both the parties presented argument only bail plea under section 167 (2).
After hearing the arguments the judge adjourned the case to Nov 28.
- Sakshipost
