The Delhi High Court on Friday directed Union Government to file a status report in a plea moved by alleged cricket bookie Sanjeev Chawla seeking quashing of the remand order against him.
The Single Bench of Justice Anu Malhotra has also ordered for Chawla to be transferred to Tihar prison, for time being, from the police custody of the Crime Branch.
The plea was moved assailing the Magistrate's order dated 13/02/2020, wherein Chawla was remanded to police custody for a period of 12 days.
The Petitioner has challenged his police remand by arguing that police had already filed charge-sheet against him for offences under sections 420 and 120B of IPC. The cognizance for the same was taken on 23/07/2013.
It is also highlighted that in the said charge-sheet there's no mention of any further investigation and no leave till date has been sought from the Court for further investigation.
Since Chawla is a citizen of the UK, extradition proceedings had to be carried out to ensure his presence in India. During that proceedings, it was informed to the British courts by the Indian authorities that the investigation against him is complete and charge-sheet has been filed.
Petitioner has also highlighted the Letters of Assurances given by the Ministry of Home Affairs to the UK government on 28/02/17 and 22/09/17 respectively.
In these letters, the Union Government had given its sovereign assurances stating that the Petitioner during his detention in pre-trial and post-conviction will be kept at Tihar Jail.
Relying on the said LoAs, the court has directed the Union Government to file its status report on the issue. The court believes that since these Letters of LoAs were issued by the government, the same should be heard on the matter.
In light of the same, the court has scheduled the next date of hearing on February 19.
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