An IPS officer, Mr. Amitabh Gupta, wrote a letter granting permission to the Wadhwan brothers, Kapil Wadhwan and Dheeraj Wadhwan to travel to a hill-station in Bombay during the lockdown.
The Wadhwan brothers are promoters of Dewan Housing Finance Corporation (DHFL) and have allegedly committed money laundering against the founder of Yes Bank. The Bombay High Court dismissed the Public Interest Litigation (PIL) saying that there was no urgency to hear the case.
The petition claimed that
- Justice Gupta failed to take any action against Officer Gupte
- Abused his position as the Principal Secretary of Home Department and;
- Failed to take any action against the officer or to suspend him.
It also claimed that:
- The IPS officer, Amitabh Gupta had no authority to issue the letter.
Arguments before the Court
The petitioner is an Advocate, Shakil Ahmed claimed that the report submitted that:
- Amitabh Gupta received a warning and;
- He had sought 15 days more.
He noted that “Gupta had flouted the quarantine rules by issuing the letter. There ought to be a probe to find out whether there was any quid pro quo in granting the said permission.”
Advocate Vivek Shukla challenged the State ordered inquiry citing misconduct in issuing the letter through the Manoj Saunik Commission. There was also a fear that this issue of the letter might interfere with the brothers’ court case.
The Government Pleader, PP Kakade claimed that:
- The allegation against the IPS Officer lacks merit and;
- The Wadhwan brothers are already in custody.
Gupta claimed that he wrote the letter for the Wadhwan brothers when the lockdown started. and Anil Deshmukh, the Home Minster backed him up by saying that Gupta did not do it under anyone’s pressure.
The court said that there was a serious challenge to the locus of the present Petitioner to seek any relief in the case. Additionally, there was nothing in the matter to suggest any urgency. Hence, no ad-interim relief to be granted. The petition would further come up in due course, said Justice Gupte.
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