The Rouse Avenue court on Friday allowed the application moved by the CBI seeking production of Amitabh Jhunjhunwala before a Mumbai Court in connection with a case against Reliance Communications and others. Jhunjhunwala is a former Reliance (ADAG) senior executive.
A transit production warrant has already been issued by a Mumbai court for the production of Amitabh Jhunjhunwala. He was arrested by the ED and was in judicial custody after the ED’s interrogation.
Special Judge (CBI) Hasan Anzar allowed the application after considering the jail authorities’ reply, submissions of the CBI and counsel for inmate Jhunjhunwala.
“Having considered the totality of the facts and circumstances, the present Prisoner Transit warrant is forwarded/signed by the Court, subject to the condition that it would be open to the concerned Jail Superintendent to ensure the execution of the Prisoner Transit Warrant subject to the Section 304 BNSS, 2023, by physically producing in the Mumbai Court,” the court ordered on May 29.
However, the court clarified that it would be open for the In-charge/Superintendent of Prison, Central Jail No. 7, Tihar, New. Delhi, that if he is unable to carry out the order, then he can send a report in terms of Section 304 BNSS, 2023.
While issuing the order, the court also took note of the report regarding the health condition of Amitabh Jhunjhunwala, prepared by the medical board constituted at AIIMS at the request of CBI. It is open in the report that Jhunjhunwala is fit for travel by train or plane.
The court said that the decision as to whether an inmate is fit to travel is based on the medical opinion or advice given by the Doctor to the concerned Jail Superintendent shall be taken as per the rules.
