On a day of dramatic developments topped by suspense and mystery, the 65-year-old chief of the Sahara group was taken to the court of chief judicial magistrate Anand Kumar Yadav, who rejected his request to be allowed to be under house arrest and remanded him to police custody.
Interestingly, for more than six hours Roy remained in his home after the arrest till the police took him in a convoy of high-end cars to the CJM's court, which sat specially on a holiday on account of "Shivratri".
But it was not clear as to where the police would keep him till it produces him in the Supreme Court and a lawyer said it was left to the discretion of the police.The CJM directed that it was police's responsibility to produce Roy before the Supreme Court by the deadline of 2pm on March 4 for alleged contempt for non appearance in on Thursday in a case of non-refund of over Rs 20,000 crore to investors.
The two-day cat-and-mouse game ended this morning when Roy, who police failed to find at his residence in Sahara Sahar in the posh Gomti Nagar area during a raid on Thursday, issued a statement and called police to his home.
A battery of lawyers also failed to get Roy any relief after the Supreme Court refused to take up his application for recall of the NBW on Friday. A last-ditch effort was made before the court before lunch break but the court refused to entertain any plea.
Roy's counsel Vinod Shahi said the Sahara chief was in police custody. It was left to the police's discretion to keep him whereever they deem fit, he said.
Early in the morning, Roy issued a two-page statement claiming that he was not absconding and was ready to "unconditionally" follow the Supreme Court's direction.
"Roy has been arrested and will be produced in court later today," SP Trans-Gomti Habibul Hasan said.
Minutes after his arrest, Roy's son Seemanto addressed a hurriedly-called press conference in Delhi and said his father was cooperating with the authorities and he had wilfully submitted before the police.
There were initially conflicting reports with speculation that Roy could himself be present at the press meet in Delhi. A team of Delhi police at the hotel venue added to the suspense. Another report said that he may still be in Lucknow.
Seemanto also said that arrest would not impact the business of the group, which claims to have a networth of over Rs 68,000 crore with lakhs of employees.
Senior advocate Ram Jethmalani told a Supreme Court bench headed by Justice KS Radhakrishnan that Roy is in police custody in Lucknow and pleaded for recall of NBW issued on February 26.
He submitted that the special bench, which is hearing the case, should take up the application today itself. But, his plea was turned down as the judge said it is not possible for the special bench to assemble today.
The day started with Subrata Roy issuing a signed two-page statement, claiming he was not absconding and was ready to "unconditionally follow" Supreme Court's direction.
Before lunch, senior lawyer Ravishankar Prasad made another attempt get Roy out of police custody just before the lunch break.
However, without the bench rose for the recess without heeding to his plea.
Roy had sought exemption from personal appearance on the ground of ill-health of his 92-year-old mother.
The Sahara chief had approached the apex court on Thursday tendering an "unconditional apology" for his non-appearance in a contempt case and sought recall of the NBW.
Moving the court a day after it issued the NBW to be executed by March 4, Roy admitted that he had "erred" by his non-appearance under a bonafide belief that the court will permit him personal exemption from appearance for one day.
Besides seeking recall of the NBW, Roy had sought a stay of the operation of its order during pendency of his plea.
The order to arrest Roy was issued after his failure to appear before the apex court in the contempt case arising out of non-refund of Rs 20,000 crore to investors by two of his companies.
However, the three directors of Sahara Group, who were also summoned along with Roy, had appeared in the court.
The court had on February 20 come down heavily on the Sahara group for not refunding the investors' money despite its order and summoned Roy, Ravi Shankar Dubey, Ashok Roy Choudhary and Vandana Bhargava, directors of its firms Sahara India Real Estate Corp Ltd (SIREC) and Sahara India Housing Investment Corp Ltd (SHIC) to be personally present before it.
'I shall hate myself if I absconded'
In a press release on Friday, Subrata Roy said that he would hate himself if he ever had to run away from law in his life. Below is a verbatim copy of Subrata Roy Sahara's press release:
Last evening I had gone out of Sahara Shaher, Lucknow, to consult with a panel of doctors with certain medical reports of my mother and then I had gone to a lawyer's house also.
I was informed by my family members that police had come and they said something to media amd then whole media in the country started saying that I am absconding?
I am not that human being, who will abscond. Infact, being a law-abiding citizen, I shall hate myself to do any such thing ever in my life.
There is no direction against me by Hon'ble Supreme Court in its order dated 31.08.2012 & 05.12.2012 and inspite I am facing all of this.
I am absconding? I have started hating myself. Now I can't handle this level of agony and humiliation. I feel ashamed and sad for some negative minded, emotionally confined media people (like few journalists vomited venom against Sahara today who were some time back thrown out of Sahara) and who are probably not remained as human being. They are bullying and indulging in character assassination of a son who is trying to perform his emotional duty towards his ailing mother, in my absence, I shall never forget in my life those people.
A lot of people advised me to get admitted in some hospital and I can remain there as it is the general practice to avoid courts on medical grounds, however, I hate to do such drama.
I have already informed police to do their duty as per direction of Hon'ble Supreme Court.
I am in Lucknow and with folded hands and with all humility I appeal to the Hon'ble Judges that if Hon'ble Court can allow to live me with my ailing mother under house arrest till 3rd of March 2014.
But I leave it now on the Hon'ble Judges. If they call me today at Delhi, I shall reach there, or whatever direction Hon'ble Supreme court shall give to me today, I shall unconditionally follow.
I am sending this letter to all media, to Hon'ble Judges.
Subrata Roy Sahara
(With inputs from PTI)
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