A copy of the order was made available on Thursday. Sankaran sought the high court to quash the remand orders passed by the special court after filing of the chargesheet on the ground that the special court had not taken cognisance of the chargesheet.
The Bombay High Court has dismissed an application filed by Hari Sankaran, the former vice chairman of IL&FS, claiming that he is in illegal detention, as the special court had not taken cognisance of the prosecution complaint (chargesheet) submitted by the Serious Fraud Investigation Office (SFIO).
Justice Revati Mohite Dere in the order of April 19 noted that in the present case, the accused persons were protracting the proceedings and directed the special court to take a decision on taking cognisance of the complaint expeditiously.
A copy of the order was made available on Thursday. Sankaran sought the high court to quash the remand orders passed by the special court after filing of the chargesheet on the ground that the special court had not taken cognisance of the chargesheet. Sankaran, who was arrested by the SFIO on April 1, 2019, sought to be released.
The SFIO had filed its complaint before the special court on May 30, 2019. As per Sankaran's plea, the court had since then passed orders time and again extending his judicial custody, but had not taken cognisance of the complaint till date.
The SFIO's advocate Hiten Venegavkar had earlier submitted to the high court that due to the COVID-19 pandemic restrictions, transfer of judges and multiple applications filed by the accused in the case, cognisance of the complaint could not be taken. Justice Dere in the order noted that as per the Roznama (daily court proceeding records) on several dates, it is at the behest of the accused persons that the matter was adjourned, as the accused had raised an objection to taking cognizance of the complaint.
“Cognisance of any complaint has to be taken expeditiously,” the court said and directed the trial court to decide the issue of cognisance as expeditiously as possible. “In the present case, prima facie, it appears that the accused (non-applicant) have been protracting the proceedings. It is always open to an accused to challenge the cognisance taken by the court, in the event, cognisance is taken by the court,” the order said.
(With PTI inputs)