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The High Court of Delhi has allowed Delhi State Police to interrogate Sanjay Chawla, who was involved in one of the biggest cricket scandals in Tihar jail till Feb 28. The bench comprising of Justice Anu Malhotra said that the interrogation will be held till February 28 as his 15-day arrest period will complete. And the court directed the state police to handle Chawla with dignity during the course of interrogation.
Since Chawla is a citizen of the United Kingdom, the court directed the state police to comply with the Letter of Assurances sent by the Ministry of Home Affairs to the United Kingdom Government. It is also directed that Chawla will continue in Tihar Jail till the completion of the proceedings in assurance given by the Indian Government to the UK Government. It is also said that during the proceedings, the Indian authorities was to inform the British courts that the investigation is done and charge-sheet has been filed. On the other side the petitioner challenged stating that the Delhi State Police had already remanded him and also had filed the charge-sheet u/s 120B and 420 of Indian Penal Code and the cognisance of the matter was already been taken.
The petitioner also contended the Letter of Assurances already given by the Ministry to the UK Government on 28/02/17 and 22/09/17 respectively. The counsel for Delhi State Police submitted his counter arguments stating that ministry never gave any Letter of Assurances to the UK government stating no further investigation can be made in the present matter. Furthermore, the counsel for police stated that Chawla will not be investigated u/s 120B and 420 which speaks about criminal conspiracy and cheating in the Indian Penal Code. And also said that for the purposes of fair trail, Chawla has to be confronted with the evidence gathered against him to “unearth conspiracy and identify the other persons involved.”
The court highlighted that 'The investigating agency may utilise the technology of video conferencing as submitted by the ASG for conducting the investigation and interrogation to the extent as prayed in the application of the state dated February 13 submitted before the trial court. As regards any follow-up action required for the investigation and interrogation to the extent permitted hereinabove, the state may seek the permission of the trial court seized of the matter.'
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