SC snubs UP police for arresting Jaypee Infratech IRP Anuj Jain; orders immediate release

The Supreme Court has chastised the UP police for arresting interim resolution professional Anuj Jain for arresting in a case related to Jaypee Infratech on 1 March 2021, and ordered his immediate release from police
custody.

Jain was in custody in police station at Beta-II, District Greater Noida, Uttar Pradesh. He was arrested from Mumbai by the Greater Noida police in connection with an FIR alleging that the Jaypee Infratech, the operator of the 165-kilometer long Yamuna Expressway, and its IRP Anuj Jain have not taken up safety measures suggested by the IIT in its safety audit conducted in 2018 to reduce road accidents.

The court also directed the Investigating Officer not to take any coercive action against the applicant in connection with the subject FIR until further orders.

The supreme court also issued notice to the Investigating Officer Bijender Singh, Sub-Inspector, asking him why appropriate action is not taken against him for taking such drastic action against the applicant.
The IO has been asked to file his personal affidavit explaining the position within two weeks.

The Supreme Court observed that the police official dealing with the case is not familiar with the provision of privilege of interim resolution appointed by the Court, in terms of Section 233 of the Insolvency and Bankruptcy Code.

Meanwhile, the counsel representing Uttar Pradesh government argued before the court that the Investigating Officer was of the view that the applicant may leave India at any time to avoid the prosecution and for securing his presence thought it necessary to arrest him from Mumbai.

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