Kapil Wadhawan moves HC to challenge the legality of pretrial detention; no orders were approved
MUMBAI: Arrested by the Directorate of Execution (DE) on January 27, he approached the Bombay High Court on Friday to cancel the preventive detention granted by the special court. He stated that several legal and mandatory requirements related to the arrest were not met. It was initially sent to the custody of ED.
The HC did not approve any orders, but postponed the matter until next month for a hearing.
Wadhawan, 46, was arrested by ED on Monday in a money laundering case involving the late gangster Iqbal Mirchi. The case of ED is of alleged money laundering through the creation of phantom companies.
Lead attorney Amit Desai argued before Judge A M Badar that the trial court should have verified compliance with all pre-arrest requirements before returning a defendant. For example, no notice was issued before an arrest, he said, according to section 41A of the code of criminal procedure and several other safeguards were not followed as provided by the Supreme Court.
For the DE, HS Venegaonkar, will present an answer, but in the meantime he said that, since Wadhwan has already filed a bail application before the trial court and since pretrial detention has already been granted, the matter should not be heard. .
Kapil Wadhawan, president and managing director of Dewan Housing Finance Limited (DHFL) was admitted Thursday at JJ State Hospital after complaining of airway discomfort and hypertension. The trial court sent him to judicial custody while he was in the hospital.