Orders launch, points discover: SC ‘appalled’ as cops arrest court-appointed IRP for Jaypee

The arrest of an Interim Resolution Professional appointed by the Supreme Court in a case regarding the debt-ridden Jaypee Infratech Limited (JIL) by the Uttar Pradesh Police had the court docket fuming and ordering his rapid launch.
A bench headed by Justice A M Khanwilkar, which stated it was “appalled to see” what had occurred, additionally issued present trigger discover to the investigating officer “as to why appropriate action is not taken against him for taking such drastic action against the applicant”, and requested him to “file his personal affidavit explaining the position within two weeks”.
The bench, additionally comprising Justice Dinesh Maheswari, was listening to an utility by the IRP Anuj Jain, appointed underneath the Insolvency and Bankruptcy Code and entrusted with the functioning of the ailing firm until the decision course of to resurrect it’s determined.
Jain was picked up from Mumbai on Monday by the Greater Noida Police in reference to an FIR which alleged that JIL, which operates the 165-km Yamuna Expressway, and Jain haven’t taken security measures recommended by the IIT in its security audit performed in 2018 to scale back highway accidents. The FIR was in reference to an accident on the Expressway on February 23.
“We are appalled to see that the manner in which the Uttar Pradesh Police has handled this case…registered at Police Station Beta-II in District Greater Noida, including to take the extreme step to arrest the Interim Resolution Professional…the police official dealing with the case is not familiar with the provision of privilege of interim resolution appointed by the Court, in terms of Section 233 of the Insolvency and Bankruptcy Code.”
The UP authorities counsel instructed the court docket that the investigating officer “was of the view that the applicant may leave India at any time to avoid the prosecution and for securing his presence thought it necessary to arrest him from Mumbai”.
The bench stated it “will examine this aspect of the matter elaborately at appropriate time by treating this application as substantive writ petition filed by the applicant under Article 32 of the Constitution of India”.
Ordering Jain’s “immediate” launch, it additionally requested the police “not to take any coercive action against the applicant in connection with the subject FIR until further orders”.