Delhi High Court – Police Asked to Explain Arrest Move Despite Protection
Delhi High Court – The Delhi High Court has asked the city police to clarify how an investigating officer was permitted to pursue the arrest of an accused who was already covered by interim court protection. The court has directed the concerned senior police officer to review the circumstances behind the approval and submit a detailed report.
Court Seeks Review of Police Travel Approval
Justice Prateek Jalan instructed the Deputy Commissioner of Police concerned to examine the approval granted for an officer’s visit to Mumbai in connection with the case. The officer had reportedly sought permission to conduct an investigation that included searching for and arresting the accused, even though protection from coercive action had been granted by a lower court.
The court said the report should explain how the request was processed, forwarded and approved despite the judicial order that was in force at the time.
Case Linked to Alleged Share Transaction Fraud
The direction came during the hearing of an anticipatory bail plea filed by Amit Jain, who is accused in a cheating case involving an alleged amount of Rs 5.63 crore. The complaint relates to a proposed deal concerning 25,000 unlisted shares of the National Stock Exchange.
According to the case records, the allegations concern a financial transaction linked to the proposed sale or transfer of unlisted NSE shares. Jain has approached the court seeking protection from arrest while the police investigation continues.
RTI Documents Placed Before High Court
During the hearing, Jain’s lawyer submitted additional material, including a response obtained through the Right to Information Act. The documents were cited to show that the investigating officer had sought permission to travel to Mumbai for investigation purposes, with the request referring to a search and possible arrest of the accused.
The request was reportedly connected not only to the present FIR but also to another case. It was allegedly initiated by the investigating officer, forwarded through the Station House Officer and later approved by the Assistant Commissioner of Police.
Interim Protection Was Already in Force
The documents placed before the court indicated that the approval was granted on May 8. At that time, Jain was protected by an interim order passed by a sessions court. The Delhi High Court subsequently extended interim protection to him on May 14.
The court is now examining whether the police approval process properly considered the existing judicial protection. The direction for a report is intended to establish the sequence of decisions taken by officers handling the matter.
Police Say Accused Joined Investigation
The prosecution informed the High Court that Jain had participated in the investigation when required. However, it said that some documents were still needed from him for further examination of the allegations.
The court has not made any final observation on the merits of the cheating case or the anticipatory bail request. The matter is scheduled to come up for further hearing on July 14.
Delhi Gymkhana Eviction Hearing Put on Hold
In a separate matter, the Delhi High Court directed the Centre’s Estate Office not to proceed with an eviction hearing involving Delhi Gymkhana Club at its Safdarjung Road premises.
Justice Avneesh Jhingan asked the authorities to ensure that the hearing listed before the Estate Officer on July 7 is deferred until the high court takes a decision in the matter. The order temporarily prevents further action in the eviction proceedings while the legal challenge remains pending before the court.