Patna High Court directed DGP Bihar to Produce Subrat Roy on 16th May

Today, while hearing the matter of PRAMOD KUMAR SAINI vs State of Bihar and Others, Hon’ble Justice Sandeep Kumar Directed DGP Bihar to produce Subrat Roy on 16th May.

Mr. V.Y. Giri, learned Senior Advocate assisted by Mr.  Naresh Dixit, Advocate, have again filed an interlocutory application which has been affidavited today, but the same could not been numbered. The original interlocutory application has been taken on record. 

Learned Senior Counsel at the very beginning prays for and is permitted to delete paragraph No. 1, 3, 4, 5 and 6 of the aforesaid interlocutory application. Learned Senior Counsel has again made submissions for exemption of Mr. Subrata Roy Sahara from his personal appearance on medical grounds. This prayer for exemption of Mr. Subrata Roy Sahara has been earlier rejected twice on 06.05.2022 and 12.05.2022. 

Considered the certificates granted in favour of the  petitioner, the Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute dated 3rd of May, 2022 which has not mentioned the date of surgery. The certificate of Sahara Hospital which is a hospital owned and controlled by Mr. Subrata Roy Sahara is also ambiguous and if this kind of certificate is accepted, no senior citizen in the country will appear before any Court. It was never the intention of the Court to coerce the petitioner to appear in this Court. The intention of the Court was and is the refund of the hardearned money of the general public at large particularly of the State of Bihar. For this purpose, this Court passed the order of personal appearance of Mr. Subrata Roy Sahara and thereafter rejected, the prayer for exemption from personal appearance of Mr. Subrata Roy Sahara. 

It seems that Mr. Subrata Roy Sahara has been advised to challenge the jurisdiction of this Court in passing this order. The Court is very clear that as a Constitutional Court it has all the powers ‘to do complete justice’ as has been held by the Apex Court in the case of B.C. Chaturvedi Vs. Union of India [AIR 11996 (SC) 484]. Order of this Court is in the interest of justice particularly in the present case where the companies headed by Mr. Subrata Roy Sahara who being the Chairman of the Sahara Group has siphoned off crores of rupees from the citizens of the State of Bihar.

It seems that Mr. Subrata Roy Sahara has no respect for the orders of this Court and he thinks that he is above this Court. Despite various chances given to Mr. Subrata Roy Sahara, he has failed to appear before this Court.  

This Court has no option, but to order the authorities to produce Mr. Subrata Roy Sahara physically in this Court on 16th of May, 2022 (Monday) at 10:30 A.M and the interlocutory application dated 13.05.2022 is hereby rejected.  

The Director General of Police, Bihar, is directed to produce Mr. Subrata Roy Sahara in this Court on 16.05.2022 at 10:30 A.M. (Monday). The Commissioner of Police, Delhi and the Director General of Police, Uttar Pradesh will co-operate with the Director General of Police, Bihar in this matter. 

The office is directed to communicate this order forthwith to the Director General of Police, Bihar, Commissioner of Police, Delhi and Director General of Police, Uttar Pradesh for compliance of this order.  

Put up this case on 16.05.2022 at 10:30 A.M. (Monday) for further hearing.