The Supreme Court on Wednesday gave Tulu Mondal interim relief, pausing his arrest warrant until November 17. Mondal must return from Dubai by this date to get three weeks of protection from police. While he seeks legal help, Bengal police will continue to probe his alleged Rs 52-crore criminal transactions.
The protection lasts three weeks after his arrival, but Bengal police can continue probing alleged Rs 52-crore criminal transactions and pursue witnesses
The Supreme Court on Wednesday kept in "abeyance" the non-bailable warrant and proclamation issued against Md Nazibuddin Mondal aka Tulu Mondal, said to be an illegal mining kingpin and wanted by the Bengal government, subject to the condition that he returns to India from Dubai by November 17.
If Mondal returns to India by November 17, as he has assured through his senior advocate Mukul Rohatgi, Bengal police will not take any coercive action against him for three weeks after his return, the apex court said.
Mondal must use this three-week protection window to approach legal remedies for his liberty, while the police investigation will continue unabated.
If Mondal fails to return by November 17, the warrant and proclamations previously upheld by Calcutta High Court will revive.
A bench of Justice Dipankar Datta and Justice Sheel Nagu passed the order while disposing of Mondal's appeal challenging the September 22 judgment passed by Calcutta High Court that upheld the order passed by the Suri additional chief judicial magistrate in Birbhum -- a non-bailable warrant and, thereafter, a proclamation to secure the presence of the petitioner.
The bench on Tuesday and Wednesday heard arguments by Rohatgi and two other senior counsels, Kishore Datta and Siddhartha Dave, on behalf of Mondal, who they said was a victim of a political witch-hunt. Solicitor-general Tushar Mehta and additional solicitor-general S.V. Raju for the Bengal government opposed any relief to Mondal, saying he had fled the country with his family in May this year and settled in Dubai.
The Bengal government told the court that Mondal was involved in criminal transactions worth ₹52 crore, and even if he received relief, necessary conditions should be imposed to prevent him from intimidating or influencing witnesses. Mehta assured the court that if Mondal returned to India, no coercive action would be taken against him for three weeks, but the probe would continue.
Rohatgi said his client was willing to return to India and cooperate with investigators.
After hearing both sides, Justice Dipankar Datta, who headed the bench, dictated the order.