Supreme Court Orders Release & Criticizes Police Handling of Case, Investigating Officer Restrained

The Supreme Court criticized the Uttar Pradesh Police for improperly handling the case, leading to the arrest of the Interim Resolution Professional. The Court directed the immediate release of the applicant and restrained the Investigating Officer from taking coercive action. The Court scheduled a hearing in two weeks, emphasizing the need to address the issue seriously. The Investigating Officer was required to provide an explanation within two weeks, and the release order was to be promptly communicated to relevant authorities for Mr. Anuj Jain's unconditional release.

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Issues: Improper handling of a case by Uttar Pradesh Police leading to the arrest of the Interim Resolution Professional, violation of privilege under Section 233 of the Insolvency and Bankruptcy Code, and the directive for immediate release of the applicant.

Improper Handling by Uttar Pradesh Police:
The Supreme Court expressed dismay at the Uttar Pradesh Police's handling of the case, particularly the arrest of the Interim Resolution Professional, Mr. Anuj Jain. The Court noted that the police official involved seemed unaware of the privilege granted to the interim resolution professional by the Court under Section 233 of the Insolvency and Bankruptcy Code. The Court emphasized the need to address this issue thoroughly, treating the application as a substantive writ petition under Section 32 of the Constitution of India.

Immediate Release Directive:
In response to the situation, the Court issued a directive for the immediate release of Mr. Anuj Jain, who was in custody at Police Station Beta-II in District Greater Noida, Uttar Pradesh. The directive also prohibited the Investigating Officer from taking any coercive action against the applicant related to the FIR until further orders. Furthermore, the Court issued a notice to the Investigating Officer, Mr. Bijender Singh, to explain why appropriate action should not be taken against him for his drastic actions. Mr. Singh was required to file a personal affidavit within two weeks to clarify his position.

Future Proceedings:
The Court scheduled the writ petition for a hearing after two weeks. Additionally, the Court ensured the immediate communication of the release order to the concerned Judge's office and Police Station Beta-II in District Greater Noida, Uttar Pradesh. The Registrar(Judl.) of the Court was tasked with personally informing the concerned Judge's office via telephone to ensure Mr. Anuj Jain's release without imposing any conditions.

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