Right To Live With Dignity Extends Even To Incarcerated
The Supreme Court on Tuesday extended the interim bail for Hyderabad-based businessman Abhishek Boinpally in a money laundering case tied to the alleged Delhi excise policy scam.
Justices MM Sundresh and Aravind Kumar decided to postpone the hearing until October 14 because Additional Solicitor General SV Raju was unavailable.
Senior advocate Kapil Sibal, representing Boinpally, highlighted that Boinpally was arrested in October 2022 and referred to the case of AAP leader Manish Sisodia while arguing for bail.
Previously, the Supreme Court observed that Boinpally had been in custody for 18 months and directed his release on interim bail for five weeks. Since then, Boinpally’s interim bail has been periodically extended by the apex court. While granting interim bail, the Supreme Court had instructed Boinpally to surrender his passport and restricted his travel to the National Capital Region (NCR) except for visits to Hyderabad.
The Hyderabad based businessman has challenged the Delhi High Court’s July 3, 2023, order that dismissed his petition questioning the legality of his arrest in 2022. He contested his arrest on the grounds of non-compliance with Section 19 of the Prevention of Money Laundering Act (PMLA), which outlines the procedure for arrests. Section 19 of the PMLA empowers authorized officials of the Enforcement Directorate (ED) to arrest individuals based on material suggesting they have committed an offence punishable under the law.
The Delhi government implemented the excise policy for 2021-22 on November 17, 2021, but abolished it at the end of September 2022 amid corruption allegations. According to the Central Bureau of Investigation (CBI) and the ED, irregularities occurred in modifying the excise policy, with undue favours extended to license holders.
The money laundering case originated from a CBI FIR filed after Delhi Lieutenant Governor V K Saxena recommended a probe into alleged irregularities in the policy’s implementation. It is claimed that Boinpally participated in secret meetings and was involved in a conspiracy to launder money with another accused, Sameer Mahendru, a businessman dealing in liquor.
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