LAW FOR ALL

Subrata Roy Sahara =NO MIND GAMES - Writ - Declaration that that arrest order is null and void - Habeas corpus for release of petitioner - Petitioner asked the Judges to recuse from the case - Apex court held that demand for recuse is a calculated mind game - rejected - disobedience of the court order not tenable and court has got power to implement the same under contempt of court - held that The companies adopted a demeanour of defiance constituting a rebellious behaviour, not amenable to the rule of law. - the Code of Civil Procedure, 1908 and the other allied provisions referred to above, are not applicable to actions emanating out of the SEBI Act. So also, rule 6 of Order XIII of the Supreme Court Rules, 1966, has no applicability, with reference to the SEBI Act. -The submission of the learned counsel for the petitioner, so as to avoid his arrest and detention, based on the judgment rendered by this Court in Jolly George Varghese & Anr. v. Bank of Cochin, (1980) 2 SCC 360, being inapplicable to the facts and circumstances of this case, was liable to be rejected - and further held that The law laid down by this Court in Jaswant Singh v. Virender Singh &Ors., 1995 Supp. (1) SCC 384, has been found to be fully applicable to the facts of this case, particularly the mannerism and demeanour exhibited bythe petitioner and some of the learned counsel. Our recusal from the case sought on the ground of bias, has been found to be devoid of any merit.- writ was dismissed =Subrata Roy Sahara …. Petitioner versus Union of India and others …. Respondents= 2014 ( May.Part) http://judis.nic.in/supremecourt/filename=41502