Sending bail pleas at penultimate time to parties “frustrates” very purpose of hearing, says court

New Delhi, May 6 (PTI) A Delhi court Wednesday came down heavily on an administrative officer of the court for sending bail applications and the replies at the penultimate time to the concerned parties and not in advance, saying it it “frustrates” the very purpose of hearing.  The judge further said that in most of the matters which are listed for hearing through video conferencing, the applications were also being sent to the parties and the judicial officer in a dis-organised manner

According to the directions of the district judges, since matters are being heard through video conferencing due to lockdown in the country in wake of COVID-19 pandemic, the administrative officer should send the bail application and all other documents to the concerned parties by mail or through WhatsApp

Additional Sessions Judge Gaurav Rao directed the In-charge of the bail filing section of the Saket district court to ensure that the reports being sought from the jail, the investigating officer or an authority or department, be mailed to the concerned judicial officer as well as supplied to the concerned parties well in advance.   The judge further said that non-compliance of the directions shall be dealt with strictly.  The observations came when a medical report of the accused sought from Tihar Jail Superintendent was not received for the third time.  The court was hearing through video-conferencing an interim bail application of former CMD of Religare Enterprises Ltd (REL) Sunil Godhwani, arrested in a case related to alleged misappropriation of funds at Religare Finvest Ltd (RFL), on the ground that he was suffering from sleep apnea (potentially serious sleep disorder in which breathing repeatedly stops and starts).  It had on earlier sought his medical report from the jail authorities.  During the hearing, the Additional Public Prosecutor informed that court that he has not been supplied with the copy of the bail plea or the reply or any report.  “No report has been received from the Jail Superintendent.... This is the third time when no report has been received. During the video conferencing, inquiries were made from the bail filing section officials as well as Computer Branch officials however no satisfactory reply could be received,” the court said in its order.  Further senior advocates Rebecca John, appearing for Godhwani and Mohit Mathur, appearing for Religare, said that non-receipts of report not only wastes the time of the court but was also causing harassment to their clients and all the concerned parties.  “I am constrained to observe that in most of the matters which are listed for hearing through video conferencing, the bail applications and the replies are being sent at the penultimate time and not in advance which frustrates the very purpose of hearing. Further they are being sent in a dis-organised manner.   “It is therefore directed that the In-charge bail filing section shall ensure that the reports as are being sought whether from the jail or the investigating officer or the concerned authority or department be mailed to the concerned judicial officer as well as be supplied to the concerned parties well in advance. Non-compliance shall be dealt with strictly. Bail Filing section shall supply the reports as received by them after making noting regarding receiving, to the judicial officer and to the concerned parties in advance,” the judge said.  The court directed that the medical report be mailed or supplied to the concerned parties positively on or before May 11 and listed the matter for further hearing on May 14.  It also directed ED’s Special Public Prosecutor Nitesh Rana, to ensure that the report is received from the Jail Superintendent/ hospital and supplied to the parties positively by May 11.  Former Fortis Healthcare promoters Malvinder Singh and his brother Shivinder, former CEO of REL Kavi Arora and former CFO of RFL Anil Saxena were also arrested by the Economic Offences Wing (EOW) of the Delhi police for allegedly diverting RFL''s money and investing in other companies.  The counsel for the complainant RFL had earlier told the court that loans were disbursed to shell companies known to the promoters and the ultimate beneficiary was RHC Holding company, of which Shivinder was a shareholder.  RFL is a group firm of REL - Religare Enterprises Ltd, which was earlier promoted by Malvinder and his brother Shivinder.  The EOW registered an FIR in March last year after it received a complaint from RFL''s Manpreet Suri against Shivinder, Godhwani and others.  "They put RFL in a poor financial condition by disbursing loans to companies with no financial standing and controlled by them. The companies to which the loans were disbursed willfully defaulted in repayments and caused a loss to RFL to the tune of Rs 2,397 crore," the police had alleged.  ED filed a money laundering case against the accused based on the EOW case. PTI URD UK RKS RKSRKS