The Supreme Court has on Thursday set aside the order of the Patna High Court summoning Sahara India Group head Subrata Roy Sahara in an unrelated anticipatory bail case.
The High Court has asked Sahara to appear in court with a plan to refund the deposits of investors that had matured before the next date of hearing. The court also sought Roy’s presence before it.
Earlier on Wednesday, the Supreme Court expressed displeasure with the interim orders passed by the Patna High Court in connection with Roy in relation to an anticipatory bail plea of a third person.
The bench of Justices A.M. Khanwilkar and J.B. Pardiwala observed that the High Court, in an anticipatory bail application under Section 438 CrPC, had exceeded its jurisdiction.
In the previous order, the Patna High Court had noted that the Sahara Group through different entities have been collecting investments from the public at large even a month back and their contention that they do not have money is not reasonable.
In view of the same, it was observed that Sahara Group is duty bound to return the maturity amount to the investors and honour their commitment. However, the directions were made by the High Court with respect to the return of investment, but while exercising jurisdiction under Section 438 CrPC.
The Bench had clarified that it is not expressing the opinion that the High Court cannot pass such orders in the exercise of power under other/relevant provisions of the law, but the same, definitely, cannot be done while exercising power under Section 438 CrPC in an application for anticipatory bail.
On May 13, the Top Court stayed the High Court’s direction. It had also stayed a February 11 order by the high court directing to add Sahara Credit Cooperative Societies Ltd and Roy as opposite parties to a bail petition pending before it and later, directed him to personally appear before it. The court on April 27 had directed Roy to personally appear before it. Then he moved the Supreme Court against the High Court orders.