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Jagan arrested only in Vanpic case, claims CBI now!

20 Dec, 2012 15:30 IST|Sakshi
Jagan arrested only in Vanpic case, claims CBI now!

Looks like the CBI has opened a can of worms! Reason: When the judge questioned the CBI to name the case in which Jagan was detained, they were at first clueless only to reply later that it was the Vanpic case! This created a murmur among people present in the courtroom as the CBI had always argued that Jagan was arrested in quid pro quo case.

This has created a hot debate in the case of YSR Congress Party president, YS Jagan Mohan Reddy.  The CBI counsel on Wednesday argued that they have arrested Jagan only in Vanpic case and not in other seven elements. To which the presiding judge Seshasayana Reddy asked if this point (of him not being arrested in connection with seven other issues) was brought to the notice of the Supreme Court when the accused had approached the higher court seeking bail.

The judge also fielded some key questions to the CBI, asking, What does the original remand say?
In the custody petition filed by CBI, was it mentioned that they had arrested him in Vanpic case or all the cases? The judge questioned the CBI and directed him to submit a reply.

However, the CBI did not have satisfactory to most of the key questions posed by the High Court judge. Till the time the judge raised these points, it is being learnt that the CBI kept arguing irrelevant points to suit themselves. The CBI also argued that there was no need to give bail to Jagan as they filed charge sheet within a certain time frame. Further, the clear judgment of High Court that if the CBI believed Jagan was correlated with a different case, then it should also believe that they arrested Jagan in those cases too, was changed to suit their convenience and made an attempt to mislead the High Court.

There was an interesting argument in the case of investments on Wednesday. When the trial began, Justice B. Seshasayana Reddy asked the CBI  to clarify on a point. He asked, 'Did Jagan file a bail petition in the Supreme Court under CrPc section 167(2)?' "Had the arguments been carried out on the issue? Taking into account the claims of the latter, had the Court directed Jagan to file bail petition again after the investigation in seven elements was done?" the Judge questioned CBI. Solicitor General Haren Rawal on behalf of CBI answered, "Yes. During the hearing, Jagan's lawyer claimed that they had sought bail under CrPc 167(2). Taking into consideration this too, the Supreme Court rejected Jagan's bail petition."

One of Jagan's counsel, S. Niranjan Reddy took strong objection to this. The counsel said the CBI statement was not true and he made it clear that they had not agrued CrPC 167(2) Section before the Supreme Court. "To apply bail under Section CrPc 167(2), first it should be first done in a lower court. How can one apply to the Apex Court directly," he asked.

The 90-day period was not over at the time the bail was sought, so there's no way we could have argued on the statutory bail. CBI is presenting false arguments in this issue, the counsel said.
As both the sides—CBI counsel and Jagan's counsel arguments were contradictory, the Judge adjourned the hearing after directing them to file affidavits on what happened at the time of Jagan's bail petition in the Supreme Court.

When the trial resumed at noon on Wednesday, both the sides had submitted their affidavits. Raval reiterated that the court should grant bail to Jagan only after the investigation in seven cases were completed. The CBI counsel also cited Supreme Court's statement that Jagan couldn't seek bail till the investigation was over.

The CBI counsel said, Jagan was arrested in Vanipic case. Judge intervenes in again, asked if that is the true, you are not arrested Jagan in other seven elements, then Jagan can come out by applying bail petition for the cases in other chargesheets.

Finally when the CBI counsel admitted that they had arrested Jagan only in the Vanpic case, the judge asked him, "You are telling that Jagan has been jailed for his involvement in the Vanpic case. If that's true, then as you haven't arrested him in other seven cases Jagan can seek bail in the cases where he's been chargesheeted and get out of the prison."

"Show me the counter affidavit which was submitted to the Supreme Court that states that Jagan was not arrested in seven other cases," the judge ordered CBI.
To this, CBI did not have an answer. However, the counsel maintained that the accused was arrested in the Vanpic case.

When the judge realised that the CBI was confused and contradicting its own stand, he adjourned the hearing till Thursday.

-Sakshipost

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