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1999 DIGILAW 156 (SC)

Jagriti Upbhogta Kalyan Parishad v. Union Of India

1999-02-05

A.S.ANAND, B.N.KIRPAL, V.N.KHARE

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(1) THE Investing Officer of the C.B.I. - Shri Umesh Kumar Goswami has filed his affidavit supported by documents detailing the circumstances under which Shri Vijay Kumar Tiwari was taken into custody and the subsequent events leading to his hospitalisation and the circumstances under which he was shifted to Apollo Hospital. (2) A report has also been filed in respect of establishing the identity of Shri V.K. Tiwari by Shri Arun Kumar Gupta, Superintendent of Police, C.B.I. The report is taken on record. On the basis of the report, we are satisfied that the person detained by the C.B.I, is Shri V.K. Tiwari. (3) ON various occasions, this court had taken a serious note of the manner in which Shri V.K. Tiwari was avoiding his appearance, not only before the District Judge, Amreli in defiance of the directions issued in that court but even in this court. We had expressed our serious concern particularly in our order dated 1 8/09/1998 and 24/09/1998. (4) IN his application I.A. No. 13/98 by which Shri V.K. Tiwari sought recall/ cancellation of the order directing issuance of non-bailable warrants against him, he asserted that he had never flouted the orders of this court. That assertion is not borne out from the record and is apparently false. On 24/09/1998, we had postponed the question of punishing Shri V.K. Tiwari for committing Contempt of court for his willfully flouting the orders of this court and for not carrying out its directions. Shri Rajinder Sachhar, learned Senior counsel appearing for Shri V.K. Tiwari submits that Shri V.K. Tiwari is repentant of his behaviour and may be granted three weeks time to file his response and submit an unqualified apology for his past misbehaviouR.We grant the permission without prejudice to further orders. The affidavit of Shri V.K. Tiwari shall be filed within three weeks. (5) SHRI Rajinder Sachhar, learned Senior counsel also assures us that Shri V.K. Tiwari will on a separate affidavit make a full and correct disclosure regarding his assets and the manner in which the accounts/amounts of M/s. S.B. Petroleum Ltd. had been utilised. Let the needful be done within the same period. (6) SHRI V.K. Tiwari has been admitted in the Apollo Hospital where he is receiving treatment at his own costs. He is, of course, in judicial custody while being lodged in room No. 2525 of Apollo Hospital. Let the needful be done within the same period. (6) SHRI V.K. Tiwari has been admitted in the Apollo Hospital where he is receiving treatment at his own costs. He is, of course, in judicial custody while being lodged in room No. 2525 of Apollo Hospital. He shall not be removed or asked to shift from Apollo Hospital, without taking medical opinion or against medical advice. The C.B.I, would, of course, be at liberty to interrogate him in the Hospital, after obtaining necessary permission from the doctors attending on him. (7) LIST I.As. 15 and 16 after three weeks.