The Supreme Court on May 13 stayed a Patna high court order of the same date, directing the police to produce Sahara Group chief Subrata Roy before it for not refunding money to investors. The high court on May 13 took serious objection to Roy not appearing before it, and directed the Bihar DGP to bring him before it on May 16, with the help of the Delhi and U.P. police.
However, hours after the Patna high court passed the order, the apex court stayed it. Kapil Sibal, appearing for Roy, told the Supreme Court that the HC had passed the order against Subrata Roy while hearing the anticipatory bail plea of a person against whom investors had filed a complaint. Roy’s appeal against the HC order said, the HC erred in exercising its powers under section 438 Cr.PC to convert the anticipatory bail proceedings into an omnibus exercise for recovering disputed dues and resolving alleged claims of fraud and cheating involving the public at large in Bihar.
