The Bombay High Court has passed an order allowing one of the main accused in the Speak Asia scam to have his police interrogation video recorded – a decision that could have farreaching implications for public prosecutors arguing against anticipatory bail applications (ABA) filed by alleged criminals.
When ABAs come up for hearing, the most common argument public prosecutors make is that the accused had not been cooperating with investigations, making custodial interrogation necessary.
But last week, Justice Abhay Thipsay of the Bombay HC acceded to the request made by Ashok Bahirwani, the General Secretary of the All India Speak Asia Panel lists’ Association, giving him a chance to prove that he had, in fact, been cooperating with the Economic Offences Wing (EOW) of the Mumbai Police,which is investigating the scam.
If Justice Thipsay’s order sets a precedent, cops could soon be dealing with private video cameras inside police stations, to go with the regular media posse outside.
Speak Asia allegedly duped over 12 lakh investors to the tune of Rs 1,300 crore, by assuring them lucrative returns through a multi-marketing pyramid model. Bahirwani, one of the main accused, is facing charges of cheating, criminal breach of trust and criminal conspiracy.
The EOW had been calling Bahirwani for interrogation for the past few months,and finally accused him of not cooperating. In October this year, Bahirwani wrote a latter to the EOW, specifically asking what kind of cooperation he was expected to extend, but the EOW served him a notice saying he could be arrested within 72 hours.
It was at this point that Bahirwani firstfiledforanticipatorybailintheSessions Court, which rejected his application on November 1. At the same time, he was directed to present himself at the EOW’s office at the Mumbai Police Headquarters while investigations were on.
Bahirwani claims he did this; but whenheapproachedtheHighCourtto appeal against the sessions court decision to reject his bail, the EOW again alleged that he had not been cooperating with them. It is then that Bahirwani’s lawyers came up with their unique request. Advocates Shrikant Bhat and Ahmad Abdi asked that their client’s interrogation be recorded to counter the constant allegations levelled by at him by the EOW.
Special Public Prosecutor P D Gharat did not oppose the request, and Justice Thipsay passed the order, allowing interrogation to be recorded “at the expense of the applicant”.
Interestingly, ever since Justice Thipsay’s order on December 7, the EOW hasn’t called Bahirwani in for interrogation. The court is likely to hear his anticipatory bail application again on Monday.
Courtesy:
Sunil.Baghel@timesgroup.com
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=MIRRORNEW&BaseHref=MMIR/2012/12/17&PageLabel=9&EntityId=Ar00900&ViewMode=HTML
But last week, Justice Abhay Thipsay of the Bombay HC acceded to the request made by Ashok Bahirwani, the General Secretary of the All India Speak Asia Panel lists’ Association, giving him a chance to prove that he had, in fact, been cooperating with the Economic Offences Wing (EOW) of the Mumbai Police,which is investigating the scam.
If Justice Thipsay’s order sets a precedent, cops could soon be dealing with private video cameras inside police stations, to go with the regular media posse outside.
Speak Asia allegedly duped over 12 lakh investors to the tune of Rs 1,300 crore, by assuring them lucrative returns through a multi-marketing pyramid model. Bahirwani, one of the main accused, is facing charges of cheating, criminal breach of trust and criminal conspiracy.
It was at this point that Bahirwani firstfiledforanticipatorybailintheSessions Court, which rejected his application on November 1. At the same time, he was directed to present himself at the EOW’s office at the Mumbai Police Headquarters while investigations were on.
Bahirwani claims he did this; but whenheapproachedtheHighCourtto appeal against the sessions court decision to reject his bail, the EOW again alleged that he had not been cooperating with them. It is then that Bahirwani’s lawyers came up with their unique request. Advocates Shrikant Bhat and Ahmad Abdi asked that their client’s interrogation be recorded to counter the constant allegations levelled by at him by the EOW.
Special Public Prosecutor P D Gharat did not oppose the request, and Justice Thipsay passed the order, allowing interrogation to be recorded “at the expense of the applicant”.
Interestingly, ever since Justice Thipsay’s order on December 7, the EOW hasn’t called Bahirwani in for interrogation. The court is likely to hear his anticipatory bail application again on Monday.
Courtesy:
Sunil.Baghel@timesgroup.com
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=MIRRORNEW&BaseHref=MMIR/2012/12/17&PageLabel=9&EntityId=Ar00900&ViewMode=HTML
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