The Central Bureau of Investigation (CBI) has come under fire from the Bombay High Court for how it handled the arrests of Chanda Kochhar and her husband Deepak Kochhar in December 2022, branding their detention as an “abuse of power” and “without application of mind.”
The harsh comments were included in the court’s judgement from February 6th, which upheld the couple’s January 9, 2023, temporary bail award. On Monday, the order was made available.
According to the CBI, Chanda Kochhar provided loans to Videocon Group companies—which Venugopal Dhoot promoted—while serving as the CEO and MD of ICICI Bank. According to the agency, Videocon Group invested in a business that Deepak Kochhar created not long after obtaining the loans.
The CBI argued during the closing arguments on the Kochhars’ plea that the arrest was necessary to discover the ICICI Bank conspiracy and was justified because the pair had not cooperated with the investigation.
The high court, however, rejected the agency’s argument, stating that no fresh evidence found throughout the inquiry justified the arrest. Instead, the court stated that they were founded on the same data that the investigating officer had access to in 2022 when he served the couple with notices under Section 41A of the Criminal Procedure Code.
A division bench of justices Anuja Prabhudessai and N. R. Borkar stated that if a person obeys such summons, issued for appearing before police, he should not be arrested unless there are documented reasons.
Senior advocate Amit Desai, who represents the Kochhars, asserted that they have indeed cooperated with the CBI notices and have made two appearances for questioning. The court agreed with Desai’s assertion that refusing to answer questions during interrogation did not amount to non-cooperation, nor did it imply exercising one’s right against self-incrimination.
The bench also closely examined the circumstances surrounding the arrest, raising concerns about why it took place more than three years after a formal complaint was filed. The court emphasised the chronology, stating that the FIR was filed in 2019, but the preliminary investigation continued from 2009 to 2017.
It stated, “The petitioners were not questioned or summoned for over three years from the date of registration of the crime, despite the seriousness of the offence.”
The court also recognised that although investigative agencies are free to question suspects and make subjective decisions about arrests, this freedom is not impervious to judicial review.
The bench criticised the CBI for failing to provide the facts or proof that would have supported the arrest of the Kochhars, saying that “the routine arrest without due consideration of the law amounts to an abuse of power.”
On the other hand, it dismissed Chanda Kochhar’s argument that her arrest was unlawful as it took place after dusk and without a female police officer present.
