The Delhi High Court on February 20 permitted the Delhi Police to interrogate Sanjeev Chawla, alleged bookie and key accused in one of cricket's biggest match-fixing scandals that involved former South African captain Hansie Cronje, in Tihar jail only till February 28.
Justice Anu Malhotra said Chawla, who was extradited from the UK on February 13, will remain lodged in Tihar Jail during the trial and conviction, if any, in the case, as per the assurance given by the Indian government to the foreign authorities.
The court also said the interrogation will be allowed only till February 28, after which the period of 15 days of his arrest would come to an end.
It said after this period, no further permission for interrogation of Chawla in relation to this case can be granted.
"Investigating agency in the matter is permitted to conduct the interrogation of the petitioner (Chawla) at the Tihar Jail complex only in terms of the timeline stipulated in terms of Section 167(2) of the CrPC," the court said in its 76-page judgment pronounced in the evening.
It also asked the Delhi Police to ensure that Chawla is treated with dignity during the course of the investigation and the interrogation.
The order came on Chawla's plea challenging his 12-day custodial remand in the case.
The court noted that Additional Solicitor General Sanjay Jain had submitted that Chawla will not be investigated or interrogated in relation to any offence other than that punishable under sections 420 (cheating)/120B (criminal conspiracy) of the Indian Penal Code.
"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," it said.
The high court also directed the jail superintendent to adhere to the letters of assurances given by the MHA to the UK authorities.
Chawla has challenged in the high court the trial court's order sending him to police custody, saying that during the extradition proceedings, the MHA had given assurances to the UK authorities that he would be kept in Tihar jail only to face trial.
Chawla is alleged to have played a central role in conspiring with Cronje to fix a South African tour of India in February-March 2000.
He earlier got an interim relief from custodial interrogation on February 14 when the high court sent him to Tihar Jail till further orders.
A trial court had on February 13 sent Chawla on a 12-day custodial interrogation by the Delhi Police, noting that the matter was to be probed further for which he had to be taken to various cities across the nation. He had challenged the custodial remand order in the high court.
The high court was informed by the Ministry of Home Affairs (MHA) that it never gave any assurance to the UK authorities that no further investigation will be carried out in the case related to Chawla.
The MHA said that for the purpose of a fair trial, Chawla, who was recently extradited from the UK, has to be confronted with the evidence gathered against him to "unearth the conspiracy and identify the other persons involved".
Senior advocate Vikas Pahwa, who is representing Chawla, said that the probe agency has already investigated the offence of conspiracy against him.
He added that the request for extradition sent by the Indian government clearly suggested that the investigation had attained finality and the presence of the accused was required only for the trial.
Cronje, who died in a plane crash in 2002, was also involved, police had told the court.
Chawla's counsel had earlier told the court that he was a British national and while seeking his extradition, the Indian government had given diplomatic assurances to the UK that he will be kept at Tihar Jail during his detention in pre-trial and post-conviction.
The trial court was earlier informed that Chawla, who was extradited on February 13, was involved in fixing of five matches and has to be taken to various places and confronted with certain people in order to unearth the larger conspiracy.
The British court documents say Chawla is a Delhi-born businessman who moved to the United Kingdom on a business visa in 1996, but continued to make trips to India.
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