Last month, after the Jessop factory caught fire for the fourth time, a state's minister suspected foul play and recommended investigation into the matter. Soon, the state government and the fire department slammed sections 435 (mischief by fire or explosive substance with intent to cause damage), 436 (mischief by fire or explosive substance with intent to destroy house) and 120B (criminal conspiracy) against Pawan Ruia.
In turn, the Ruia Group questioned the legality of the FIRs and knocked the doors of the Calcutta High Court to quash the order. However, the court asked the CID (probing into the matter) not to take any coercive action against Ruia if he cooperates with the investigation.
The Barrackpore Court order (where the CID appealed for Ruia's arrest) is in line with the Calcutta High Court order.
"The court order proves that Pawan Ruia is cooperating with the CID in the probe and just needs some more time to appear before them", a Ruia Group spokesperson said.
After the West Bengal government moved ahead to acquire the closed factories of Jessop and Dunlop in February this year, four incidents of fire was reported from the Jessop factory.
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While the Ruia Group stated that its chairman, Pawan Ruia cannot be held responsible for the fire or had any connection to it since the state government passed the Bill to acquire it in February, the state police pressed for FIRs against the industrialist.
"He is unnecessarily delaying the matter. We hope he pays heed to the summon and cooperates with the investigation process", an officer in the state's CID branch said.
A spokesperson from the Ruia Group said that the industrialist was taken ill on November 2 as he made the move to board a flight to come back to Kolkata and is under medical treatment.
"Ruia was about to board a flight back from New Delhi when he was taken ill. At the moment, he is under medical treatment and the doctors have recommended rest. Thus, we have sought more time from the CID before he appears", the spokesperson from Ruia Group said.
He added that the necessary flight tickets from New Delhi to Kolkata, the boarding pass, the medical certificate and bills from the Moolchand Hospital in New Delhi near Defence Colony (where Ruia is admitted) have been submitted to the CID for their perusal.
"The state Assembly has passed the Bill to takeover Dunlop and Jessop and is now paying the wages of the workers in Jessop. Pawan Ruia (chairman of Ruia Group) doesn't hold any position in this company or have shares in Jessop. Thus how can there be an FIR against him", the Ruia Group's spokesperson said adding that the Group isn't responsible for what happens in the factory as the takeover Bill has been passed.
Crucially, while the Dunlop India Limited (Acquisition and Transfer of Undertaking) Bill, 2016, and Jessop and Company Limited (Acquisition and Transfer of Undertaking) Bill 2016 is yet to obtain the necessary signature from the Governor and the President (in case of Jessop) to become an Act, which transfers the promoters' shares to the state government, the government began to pay wages to a section of the workers in the Jessop factory.
The Ministry of Corporate Affairs shows Soumitra Ghose, Satyadeo Mishra and Baisali Ghoshal as the directors of the company in question which has a paid-up capital of 61.51 crore.
The state government has accused Jessop for flouting the 2013 High Court Order which instructed Jessop to repair the walls, clear bushes and tighten security at the factory. While the management sought help to set up police camps, the other two orders were not followed.
From October 10-18, three cases of fire were reported at Jessop. While the first two were not reported, the last fire drew in the state government's suspicion about foul play going on inside the factory.