The Delhi High Court was informed by the home ministry on Wednesday it never gave any assurance to the UK authorities that no further investigation will be carried out in the case related to Sanjeev Chawla, alleged bookie and key accused in one of cricket's biggest match-fixing scandals that involved former South African captain Hansie Cronje.
The court was informed by the Ministry of Home Affairs (MHA) 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".
Justice Anu Malhotra, after hearing the arguments of the MHA counsel and Chawla, reserved the order on Chawla's plea challenging his 12-day custodial remand in the case and said that the decision will be pronounced on Thursday.
Chawla got an interim relief from custodial interrogation on February 14 when the high court had sent him to Tihar Jail till further orders.
A trial court had on February 13, sent Chawla to 12-day custodial interrogation by Delhi Police, noting that the matter was to be probed further for which he has to be taken to various cities across the nation. He has challenged the custodial remand order in the high court.
Also Read
During the hearing, Additional Solicitor General (ASG) Sanjay Jain, appearing for MHA, submitted that Chawla will remain in Tihar jail and his questioning by the probe agency will be done there itself.
The counsel for Delhi Police Crime Branch, which filed a status report in the matter, said they were adopting the submissions made by the ASG.
He said if the need arises to take Chawla out for investigation, they will seek the court's permission.
"We will abide by the assurances given by the Indian government to the UK authorities. We are ready to use the facility of video conferencing to quiz him from Tihar Jail with a person based outside Delhi," the ASG said.
He said neither the MHA nor Delhi Police gave any such assurance to the UK authorities that no further investigation will be carried out in the case.
He said Chawla has not been brought for a picnic in Tihar jail, he has been brought here to be confronted with the evidence collected in the case.
Senior advocate Vikas Pahwa, representing Chawla, said the probe agency has already investigated the offence of conspiracy against him.
He said the request for extradition sent by the Indian government clearly suggested that the investigation has attained finality and the presence of the accused was required only for the trial.
He contended that any order passed by the court in the matter will have wide ramifications and far reaching consequences and it will have a bearing on other cases internationally.
"They (authorities) are trying to violate their solemn assurance given to the foreign court," he argued.
The ASG also said that the Indian government had categorically stated before the UK court that Chawla was not interrogated so far and he has not made himself available to them.
"We have got him extradited to complete the investigation and proceed with trial in the case. The purpose of assurances was to avoid any double jeopardy and that he should not be made to face trial in any other offences except the ones for which his extradition was done," he said.
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 assurance to the UK authorities that he will 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 to India in February-March 2000.
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.
"He is called to India only to face trial. The authorities have violated their undertaking given to the UK. The charge sheet says the investigation is complete. There is no scope of probe against him," he had said.
The trial court was earlier informed that Chawla, who was extradited from London 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.
Disclaimer: No Business Standard Journalist was involved in creation of this content
