Subrata Roy challenges detention by apex court

Jailed Sahara group chairman Subrata Roy on Wednesday filed a fresh petition in the Supreme Court describing the order sending him in judicial custody “illegal and unconstitutional”.

The plea made by his legal representative sought immediate release of Roy by issuing a “writ in the nature of Habeas or other writs, order or direction for release of the petitioner from the illegal custody”.

A bench of justices K S Radhakrishnan and J S Khehar is to take up the petition on Thursday, despite Sahara’s counsel urging for hearing before a different bench as the arguments were critical of the order passed by them on March 4.

“It is a little embarrassing to argue that this order should not have been passed. It is a matter of deep embarrassment that I have to argue before you that your order is wrong. But if your lordship wants to hear it, I will proceed,” senior advocate Ram Jethmalani submitted before the bench.

The bench, however, said that they wanted to first go through the petition.
Jethmalani, earlier in the day, pleaded before a three-judge bench presided by Chief Justice P Sathasivam for urgent hearing saying that Roy’s custody abridged his fundamental right to life and liberty. The bench agreed to get the matter listed at 2 pm.

As the matter came up before the special bench of justices Radhakrishnan and Khehar, Jethmalani pointed out towards a Constitution bench decision that laid down the principle that a bench could recall its order if it subsequently thought the order required correction. He also urged the court to first decide whether they would wish to hear the contentions against their own order.

Hearing the contempt petition against the Sahara chief by the Securities and Exchage Board of India, the same bench had on March 4 sent Roy to judicial custody under the extraordinary jurisdiction of the Supreme Court under Article 129 and 142 of the Constitution to maintain the rule of law.