Mumbai, Feb.16, 2005:
The Bombay High Court today deferred till February
21 the hearing on petitions filed by gutka barons
Rasiklal Manikchand Dhariwal and Jagdish Joshi.
Both Dhariwal and Joshi are challenging non-bailable
warrants issued by a special court against them for
their failure to appear in a case of alleged nexus
with the underworld.
Adjourning the matter, Justice R M S Khandeparkar
and Justice P V Kakade also extended till February
21 their order restraining police from executing warrants
against Dhariwal and Joshi.
CBI counsel Raja Thakre and prosecutor Purnima Kantharia
on behalf of Mumbai police sought time to file their
reply to the petitions and urged for an adjournment
till February 21.
Dhariwal and Joshi pleaded that the Crime Branch
had summoned them for questioning but they had informed
police about their inability to come to India at this
juncture as their NRI status would be disturbed.
The gutka barons submitted that they were required
to stay abroad for a certain number of days in a year
to maintain NRI status and coming here would disqualify
them.
They further said that there was no provision in
the CrPC to issue warrants as they were merely required
for questioning by police to help in the investigations.
They argued that a warrant could be issued only if
a person was required to appear before a court and
not otherwise.
Both of them had offered to cooperate in the investigations
by appearing at a later date, the court was told.
(ANI)