ANJANA BATHEJA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Mindbogglirig situation has arisen in these proceedings. One Chander Prakash is facing trial before Sh. V.K. Jain, Special Judge CBI Court Delhi for the offences punishable under Sections 420/467/468/471 read with Section 120-B of the Indian Penal Code and Sections 13(2), 13(1)(d) of Prevention of Corruption Act. He is on bail. Since he was on bail, he made on application for release of his passport for going to Hongkong where he has a business. In order to ensure his presence on the date of hearing, Learned Special "Judge has passed an order which has overtones of keeping his mother and wife as hostages as he has directed the petitioner not only to deposit their passports but also deposit Rs. 1 Lac by way of F.D.R if he wants his passport to be released.

(2.) Forced by circumstances, the petitioner- after depositing their passports went to Hongkong where he fell seriously ill. There was nobody to look after him at Hongkong. Consequently, his mother and wife moved an application for releasing their passports before the learned Special Judge but their applications were dismissed vide order dated 4.3.2002 though an offer to keep the sister of the accused as another hostage was made as they offered to deposit the passport of the sister of the accused and also to furnish the bank guarantee.

(3.) Through this petition they have challenged not only the legality and nationality of the impugned order but its propriety and harshness. It is pertinent to mention here that since the release of the accused, he has been regularly attending court proceedings even during brief sojourns to Hongkong. More so his appearance was also exempted till the framing of charges.