SC QUASHES PATNA HC ORDER TO SUMMON SUBRATA ROY| 15 July, 2022

The Supreme Court on July 14 quashed the Patna high court’s order directing the police to bring Sahara Group chief Subrata Roy before it, after he failed to appear before the court in compliance of its order. A bench, headed by Justice A.M. Khanvilkar, said that the high court had erred in passing the order while hearing the anticipatory bail plea of people who were facing arrest for the non-refund of investors’ money.

The apex court said that the high court was to decide whether bail was to be given, and it was not right to direct the appearance of a third person and to take upon itself the task of examining the issue of refund of investors’ money in the bail petition.

The HC passed the order while hearing the various anticipatory bail pleas filed in cheating cases against non-banking finance companies (NBFCs). It directed the Bihar DGP to bring Subrata Roy before it after he failed to appear despite deadlines set by the court.

Roy rushed to the Supreme Court immediately after the Patna high court order as the apex court had stayed operation of the order. The court quashed the order after hearing Subrata Roy and the state government.