
KOCHI: The High Court has dismissed the petition filed by Chennai Smart Creations owner Pankaj Bhandari, alleging that his arrest and remand in the Sabarimala gold robbery case were illegal. Justice A Badaruddin's order found that the SIT's proceedings were legal. Bhandari is the ninth accused in the gold theft of the Kattilepalli of the temple and the 12th accused in the Dwarapalaka sculpture case.
The petitioner argued that the background and reason for the arrest were not informed and this was a violation of the norms prescribed by the Supreme Court. He was not allowed to contact his lawyer. His relatives or friends were not informed about the arrest. No remand report was provided. Hence, the further proceedings in the FIR should be cancelled, the petitioner demanded.
However, the prosecution presented the notices (including in English) prepared and handed over in connection with the arrest in each case. The exact details of the crime were included in them. Copies of the notices were also handed over to S. Rajasekhar, who accompanied the petitioner when he arrived for questioning. It was also clarified that Bhandari's lawyer was informed over the phone.
Warrant is sufficient
The High Court assessed that a warrant is sufficient to clarify the circumstances and reasons for the arrest. If it is an arrest without a warrant, it is sufficient to explain why the arrest was made and what the crime was. The investigation team has issued two notices and certified in this case. It cannot be assumed that Rajasekhar, who was accompanying the petitioner, is a stranger. The lawyer has been informed about the arrest over the phone. The remand report was handed over later. The delay in producing him before the magistrate is due to the distance of travel. Therefore, there is no lapse in the procedures of the SIT,' the High Court assessed.