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SC asks former Bhushan Steel CFO Nitin Johri to approach HC, while hearing his bail plea

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Published : Jun 10, 2020, 8:42 PM IST

The Supreme Court bench on Tuesday told former Bhushan Steel CFO, Nitin Johri's lawyer, Mukul Rohatgi, to approach the High Court and not the apex court, while hearing a bail plea that was moved in the top court. Johri was arrested by the Serious Fraud Investigation Office for fraudulent activities, including filing false documents with various banks.

SC
SC

New Delhi: While hearing the bail plea of former Bhushan Steel CFO, Nitin Johri, the Supreme Court bench led by the Chief Justice of India, SA Bobde, told Johri's lawyer, Mukul Rohatgi, to approach the High Court and not the apex court.

"Our jurisdiction should not be used like this by people. Issues should be raised before the High Court. This is an appellate court."

Solicitor General, Tushar Mehta, also contended before the court that in serious economic matters like this one where thousands of crores are involved, instead of Section 438 plea for bail, they file Article 32 plea challenging the PMLA provisions and therefore, on parity bail granting issue remains.

Rohtagi opposed saying that the apex court has upheld the right to move Article 32 plea and how can he be stopped from doing that.

"How can they say half the people go to SC and others go to HC?," questioned Rohtagi.

Submitting further he says that provision has been passed in the parliament and the same order should be passed in all these cases.

CJI responded saying that jurisdiction of the court doesn't change and it has been exercised in many places earlier.

"We are not saying that you are wrong in law. But you are wrong in coming here. We are not saying there is no power. We are saying we choose not to exercise it," said CJI.

SG sought time from the court to file a reply as a lot of matters challenging PMLA provisions have been filed.

The court asked him to make a list of all matters and categorize which matter raise which point and at what stage, before adjourning the matter.

Also read: India keeping a close eye on ongoing Pakistan Air Force war games

New Delhi: While hearing the bail plea of former Bhushan Steel CFO, Nitin Johri, the Supreme Court bench led by the Chief Justice of India, SA Bobde, told Johri's lawyer, Mukul Rohatgi, to approach the High Court and not the apex court.

"Our jurisdiction should not be used like this by people. Issues should be raised before the High Court. This is an appellate court."

Solicitor General, Tushar Mehta, also contended before the court that in serious economic matters like this one where thousands of crores are involved, instead of Section 438 plea for bail, they file Article 32 plea challenging the PMLA provisions and therefore, on parity bail granting issue remains.

Rohtagi opposed saying that the apex court has upheld the right to move Article 32 plea and how can he be stopped from doing that.

"How can they say half the people go to SC and others go to HC?," questioned Rohtagi.

Submitting further he says that provision has been passed in the parliament and the same order should be passed in all these cases.

CJI responded saying that jurisdiction of the court doesn't change and it has been exercised in many places earlier.

"We are not saying that you are wrong in law. But you are wrong in coming here. We are not saying there is no power. We are saying we choose not to exercise it," said CJI.

SG sought time from the court to file a reply as a lot of matters challenging PMLA provisions have been filed.

The court asked him to make a list of all matters and categorize which matter raise which point and at what stage, before adjourning the matter.

Also read: India keeping a close eye on ongoing Pakistan Air Force war games

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