SC directs Supertech chairman to move HC challenging his arrest

NEW DELHI: The Supreme Court on Friday asked Supertech chairman R K Arora to move high court against his arrest after he submitted that he was arrested in violation of the SC order which directed that only one out of 20 projects be put under insolvency proceedings and allowed him to complete the housing projects by getting Rs 2,000 crore foreign investments.
Senior advocate Mukul Rohatgi, appearing for Arora, told a bench of Justices Aniruddha Bose and Bela M Trivedi that the apex court had passed order in May by which it had directed that only one of its projects - Ecovillage 2 in Greater Noida West - would be proceeded under Insolvency and Bankruptcy Code (IBC). Rohatgi said that Arora's arrest is in the teeth of the apex court's order which would derail the process to bring foreign investment of Rs 2,000 crore which was allowed by the court to complete the construction of housing projects. He said that the delay in the process would also hamper the interest of 17,000 homebuyers who are waiting to get possession of their flats.
The bench, however, said that the issue could be examined by the high court also and raised the question why Arora approached the apex court directly. Rohatgi replied that Article 32 allowed one to approach SC directly when one's liberty is taken away. He said that the arrest was illegal also because he was not given reasons in writing by the agency to arrest him.
After a brief hearing, the bench disposed of the plea and allowed the petitioner to approach high court.
It also requested the HC to grant an expeditius hearing on his plea.