MUMBAI: Bombay high court on Friday concluded hearing and reserved for orders an application filed by Yes Bank founder Rana Kapoor challenging his custody by Central Bureau of Investigation (CBI) in the Avantha case without an arrest.
His counsel Vijay Agrawal said there was no compliance of a requirement under the law of first issuing a section 41A CrPC notice to seek his explanations before arrest.
Arguing before Justice P D Nail he said the special court granted custody as sought by the agency, contrary to the tenets of law.
Aggarwal argued that there cannot be custody of a person without arrest.
Hiten Venegaonkar for CBI said since Kapoor was in already in judicial custody in another he custody could be sought and no fresh arrest was needed.
Aggarwal said the CBI stand cannot change. He also argued that rather than seeking bail in the matter, Kapoor’s custody is to be declared illegal and he should be released forthwith.
His counsel Vijay Agrawal said there was no compliance of a requirement under the law of first issuing a section 41A CrPC notice to seek his explanations before arrest.
Arguing before Justice P D Nail he said the special court granted custody as sought by the agency, contrary to the tenets of law.
Aggarwal argued that there cannot be custody of a person without arrest.
Hiten Venegaonkar for CBI said since Kapoor was in already in judicial custody in another he custody could be sought and no fresh arrest was needed.
Aggarwal said the CBI stand cannot change. He also argued that rather than seeking bail in the matter, Kapoor’s custody is to be declared illegal and he should be released forthwith.
