The Supreme Court on Thursday declined to direct the arrest of industrialist Anil Ambani in connection with the CBI investigations into alleged financial irregularities involving his companies. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi stated that the court is extremely reluctant to order the arrest of any individual, emphasizing that the primary focus should be on the collection and preservation of evidence and the protection of witnesses.
Court's Stance on Arrests
“The Supreme Court has repeatedly said it will be extremely shy of directing the arrest of any individual. Importance must be given to the collection and preservation of evidence and protection to witnesses,” the bench observed. The court further clarified that while monitoring investigations, it does not express any opinion on the correctness of arrest or non-arrest of any person. “For effective investigation, the agencies are best suited to determine how to proceed,” Chief Justice Kant said.
Rejection of ADAG's Plea
The bench turned down a plea by Anil Dhirubhai Ambani Group (ADAG) to insert a line in the order stating that the Supreme Court had not formed an opinion on the merits of the case and that the court monitoring the probe does not imply the opposite. Senior advocates Kapil Sibal and Shyam Divan, representing ADAG, repeatedly urged the bench to include such a line, but their request was not accepted.
Continuous Mandamus Jurisprudence
The Supreme Court noted that the continuous mandamus jurisprudence, which was devised during the monitoring of the CBI probe into the Jain-Hawala scam in the Vineet Narain case in the 1990s, is a principle the court should be proud of. However, the court acknowledged that observations made during the monitoring of investigations caused immense collateral damage to the reputations of many. “The consequences were devastating. That is why we are not commenting on the investigations,” the Supreme Court clarified.
CBI's Progress in the Case
Appearing for the CBI, Solicitor General Tushar Mehta informed the court that the agency has so far registered nine FIRs against different ADAG entities. In seven of these FIRs, the total sum involved is Rs 27,337 crore. Mehta outlined the broad contours of the investigations and the progress made, stating that four people have been arrested and 31 lookout circulars have been issued.
Arguments Over Arrest
When senior advocate Abhishek Bhushan, appearing for the complainant, persisted with his complaint that the agencies had not arrested Anil Ambani, Kapil Sibal countered by saying that the only agenda seemed to be to get Anil Ambani arrested. “He has cooperated with the investigation and is not a flight risk,” Sibal argued. Shyam Divan added that attachment orders against two companies — Reliance Power and Reliance Infra — have caused a loss of reputation to these entities. Despite repeated attempts by Sibal and Divan to persuade the bench to include a line stating that the court had not expressed any opinion on the merits of the case, the bench did not accept the request.
