The Delhi High Court was knowledgeable by the house ministry on Wednesday it by no means gave any assurance to the UK authorities that no further investigation will probably be carried out within the case associated to Sanjeev Chawla, alleged bookie and key accused in a single of cricket’s greatest match-fixing scandals that concerned former South African captain Hansie Cronje.
The court docket was knowledgeable by the Ministry of Home Affairs (MHA) that for the aim of a good trial, Chawla, who was lately extradited from the UK, has to be confronted with the proof gathered in opposition to him to “unearth the conspiracy and identify the other persons involved”.
Justice Anu Malhotra, after listening to the arguments of the MHA counsel and Chawla, reserved the order on Chawla’s plea difficult his 12-day custodial remand within the case and mentioned that the choice will probably be pronounced on Thursday.
Chawla bought interim aid from custodial interrogation on February 14 when the excessive court docket had despatched him to Tihar Jail until further orders.
A trial court docket had on February 13, despatched Chawla to 12-day custodial interrogation by Delhi Police, noting that the matter was to be probed further for which he has to be taken to numerous cities throughout the nation. He has challenged the custodial remand order within the excessive court docket.
During the listening to, Additional Solicitor General (ASG) Sanjay Jain, showing for MHA, submitted that Chawla will stay in Tihar jail and his questioning by the probe company will probably be completed there itself.
The counsel for Delhi Police Crime Branch, which filed a standing report within the matter, mentioned they have been adopting the submissions made by the ASG.
He mentioned if the necessity arises to take Chawla out for investigation, they’ll search the court docket’s permission.
“We will abide by the assurances given by the Indian government to the UK authorities. We are ready to use the facility of video conferencing to quiz him from Tihar Jail with a person based outside Delhi,” the ASG mentioned.
He mentioned neither the MHA nor Delhi Police gave any such assurance to the UK authorities that no further investigation will probably be carried out within the case.
He mentioned Chawla has not been introduced for a picnic in Tihar jail, he has been introduced right here to be confronted with the proof collected within the case.
Senior advocate Vikas Pahwa, representing Chawla, mentioned the probe company has already investigated the offence of conspiracy in opposition to him.
He mentioned the request for extradition despatched by the Indian authorities clearly recommended that the investigation has attained finality and the presence of the accused was required just for the trial.
He contended that any order handed by the court docket within the matter may have large ramifications and far-reaching penalties and it’ll have a bearing on different circumstances internationally.
“They (authorities) are trying to violate their solemn assurance given to the foreign court,” he argued.
The ASG additionally mentioned that the Indian authorities had categorically acknowledged earlier than the UK court docket that Chawla was not interrogated to date and he has not made himself out there to them.
“We have got him extradited to complete the investigation and proceed with trial in the case. The purpose of assurances was to avoid any double jeopardy and that he should not be made to face trial in any other offences except the ones for which his extradition was done,” he mentioned.
Chawla has challenged within the excessive court docket the trial court docket’s order sending him to police custody saying that through the extradition proceedings, the MHA had given assurance to the UK authorities that he will probably be stored in Tihar jail solely to face trial.
Chawla is alleged to have performed a central position in conspiring with Cronje to repair a South African tour to India in February-March 2000.
Cronje, who died in a aircraft crash in 2002, was additionally concerned, police had informed the court docket.
Chawla’s counsel had earlier informed the court docket that he was a British nationwide and whereas searching for his extradition, the Indian authorities had given diplomatic assurances to the UK that he will probably be stored at Tihar Jail throughout his detention in pre-trial and post-conviction.
“He is called to India only to face trial. The authorities have violated their undertaking given to the UK. The charge sheet says the investigation is complete. There is no scope of probe against him,” he had mentioned.
The trial court docket was earlier knowledgeable that Chawla, who was extradited from London on February 13, was concerned in fixing of 5 matches and has to be taken to numerous locations and confronted with sure individuals so as to unearth the bigger conspiracy.
The British court docket paperwork say Chawla is a Delhi-born businessman who moved to the United Kingdom on a enterprise visa in 1996, however continued to make journeys to India.