NAGPUR, JULY 4: Inspector R A Sayyad, investigating officer (IO) in the bogus degree and marklists scam, is facing a contempt notice from the High Court bench here for `willful disobedience and flouting a sessions court directive' by not transferring prime accused Yadav Kohchade to jail after his police custody remand was reverted to a judicial custody.In a simultaneous development, Kohchade's revision application challenging the first class judicial magistrate (JMFC)'s order remanding him to a 14-day police custody, a day after the special court had sent him to judicial custody, has been transferred to the court of Special Judge R S Deshmukh.
On June 28, Kohchade was remanded to judicial custody by Special Judge P G Thombre after the police had failed to furnish the requisite production warrant to seek transfer of his custody which was till then with the Anti-Corruption Bureau (ACB). The accused was thus sent to Central Jail and his bail plea, moved on a previous occasion, was scheduled for a hearing onJune 30.
However, on June 29, the police obtained the production warrant from JMFC Court No.2 that remanded Kohchade to police custody for 14 days and got the accused transferred to Sitabuldi police station from the jail.
Kohchade's lawyers moved the Special Judge, P G Thombre, against this on June 30 stating that the lower court had no authority to interfere with the matter under consideration by the special court.
That, the police acted in haste to frustrate the bail plea proceedings by going for a production warrant without a mandatory permission from the special court.
The special court had then stayed the JMFC's order for two days while directing that Kohchade be sent back to jail under judicial custody. It is the contention of the counsel for the accused that despite such order, the police did not transfer his custody to jail till 5 pm on July 1.
It is contended that this amounted to willful disobedience and flouting of specific directives of the court.
The notices are returnable within aweek.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.