The Bombay high court on Friday quashed the special court’s order refusing CBI custody of former Congress MLC and a prime accused in the Adarsh housing scam, Kanhaiyalal Gidwani. The special court subsequently remanded Gidwani to CBI custody till April 3.
The CBI had on Thursday challenged the special court’s order in the HC. The special court had refused to extend Gidwani’s custody after accepting the defence lawyer’s argument that Gidwani had already been in custody for 10 days in a bribery case related to the Adarsh scam.
The CBI had moved the HC contending that it could seek the custody of an accused up to 15 days. “Gidwani was in CBI custody for 10 days for his involvement in a graft case. Later, he was in custody for four days in the Adarsh scam. Both are different offences and two separate FIRs have been lodged,” CBI counsel Ejaz Khan argued.
Accepting his argument, Justice R.C. Chavan observed, “The lower court has overlooked the distinction between the two cases. They are separate and distinct offences.”
Noting that Gidwani was arrested in the Adarsh case only on March 21 and his 15-day police custody had not ended, the HC directed the special court to decide the CBI’s application for further custody on merit. The special court after referring to the HC’s order, heard the arguments made by the CBI, as well as the defence counsel. The CBI court ultimately remanded Gidwani to police custody till April 3.