The Supreme Court has directed the immediate release of Mr. Anuj Jain, the InterimResolution Professional who was working in the capacity pursuant to the order passed by the Court without imposing any conditions.
It was submitted by the counsel appearing for the state of Uttar Pradesh that the Investigating Officer, Mr. Bijendra Singh, was of the view that the applicant may leave India at any time to avoid the prosecution and for securing his presence throughout, it was necessary to arrest him.
“We are appalled to see that the manner in which the Uttar Pradesh Police has handled this case emanating from F.I.R. No.0098/2021, registered at Police Station Beta-II in District Greater Noida, including to take the extreme step to arrest the Interim Resolution Professional, Mr. Anuj Jain, who was working in that capacity pursuant to the order passed by the Court and entrusted with the functioning of the Company in question. It is seen that the police official dealing with the case is not familiar with the provision of privilege of interim resolution appointed by the Court, in terms of Section 233 of the Insolvency and Bankruptcy Code.” , stated the bench consisting of Justice A.M. Khanwilkar and Justice Dinesh Maheshwar.
While issuing notice to the Investigation Officer, the court ordered, “. . .we direct immediate release of the applicant, Anuj Jain, who is presently in the custody of Police Station, Beta-II, District Greater Noida, Uttar Pradesh and had been produced today i.e. 02.03.2021 before the Court of Chief Judicial Magistrate, Gautam Buddh Nagar, Uttar Pradesh. We further direct the Investigating Officer not to take any coercive action against the applicant in connection with the subject F.I.R. until further orders. We also issue a notice to the Investigating Officer, Bijender Singh, Sub-Inspector, as to why appropriate action is not taken against him for taking such drastic action against the applicant. He shall file his personal affidavit explaining the position within two weeks from today.”