CHANDIGARH, Dec 7: After 12 days of police custody, former UT chief engineer and prime accused in the kickbacks case, K. K. Jerath was today remanded to judicial custody by UT Judicial Magistrate (Ist Class) Jasbir Singh.Rejecting the prosecution's plea for remanding Jerath to two more days in police custody, the magistrate remanded the accused to judicial custody till December 10.
Meanwhile, the revision petition moved by the prosecution against the judicial remand of the accused, granted by a city court yesterday in two other cases, was today dismissed by Additional District and Sessions Judge S. S. Lamba.
Dismissing the petition, the judge upheld Duty Magistrate Vani Gopal Sharma's orders to treat Jerath in judicial custody from November 27 onwards in FIRs 2 and 3 registered against him by the UT Vigilance Department. The judge maintained that since the state had not applied for police remand of the accused in the other two cases registered against him, he should be regarded to be in judicial custody from the day he surrendered. Arguing on the revision petition, the prosecution contended that the magistrate had earlier not passed orders in cases 2 and 3 against the accused and no police remand in those cases had yet been sought. The defence counsel stated that non-bailable warrants against the accused had been issued in all the three cases, but the magistrate had remanded him to police custody only in the first case. It was submitted that once the accused surrenders, he has to be arrested under Section 73 (2) of the CrPC. "The prosecution can't reserve rights to seek police remand in the other two FIRs tillsome future date," the defence counsel stated.
The prosecution, meanwhile, moved an application in the court of UT Judicial Magistrate Jasbir Singh seeking police remand of the accused in the other two FIRs. Arguments on the application will be held tomorrow.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.