confuse the authorities and delay the process.
While the Lucknow Police went to Roy’s residence at Sahara Shaher on Thursday evening, he was not to be found. The Sahara chief surfaced on Friday morning claiming he was not absconding but had gone to meet doctors in connection with his mother's health. He said he was willing to surrender and pleaded he be placed under house arrest till March 4 so that he could be with his mother.
Ordering that he be taken into police custody, the court of the chief judicial magistrate, Lucknow, said that the police could decide where to keep Roy till March 3, when he would be taken to New Delhi to appear before the apex court. Speaking to media persons, Sahara counsel Satish Kishanchandani reiterated that Subrata Roy intended to present himself before the SC on March 4.
According to sources, the options before the police are to keep Roy in the lock-up or in some police building under guard or in a state guest house. "The option of keeping Roy in his own home under house arrest can also be explored," said a source, requesting anonymity.
On Friday morning, Subrata Roy's counsel Ram Jethmalani informed the SC that his client was in police custody and pleaded that the court recall the non-bailable warrant.
He also requested that the special bench comprising justices Radhakrishnan and JS Khehar, which was hearing the case, be assembled to hear his application. However, justice Radhakrishnan, who sat with justice Vikramajit Sen, said that would not be possible.
The court had on February 20 come down heavily on the Sahara Group for not refunding Rs 20,000 crore of investors money despite its order and summoned Subrata Roy, Ravi Shankar Dubey, Ashok Roy Choudhary and Vandana Bhargava, directors of its firms Sahara India Real Estate and Sahara India Housing Investment to be personally present before it on February 26.
A day earlier, it had rejected Subrata Roy's plea for personal exemption stating: “It involves not only the integrity of the Supreme Court but judges and lawyers involved in the matter. It is said that the order of the Supreme Court is not being complied with. We may retire but we will ensure that our orders are complied with.”
Earlier in January, the apex court had barred Subrata Roy and other directors from leaving the country until the two group firms furnished all the relevant documents pertaining to the source