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HC dismisses Raju plea on CBI custody

The counsel for the accused had filed a petition in the high court challenging the custody and said that the accused were already interrogated.

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The high court of Andhra Pradesh on Friday dismissed a petition filed by the accused in Satyam Computer scam against sending them to Central Bureau of Investigation (CBI) custody.

The court has allowed the CBI to continue to interrogate the accused, including the founder of the company B Ramalinga Raju, his brother B Rama Raju, ex-CFO of the company Srinivas Vadlamani and two auditors — S Gopalakrishnan and Srinivas Talluri.

The counsel for the accused had filed a petition in the high court challenging the custody and said that the accused were already interrogated by an investigating agency — the Criminal Investigation Department (CID) of Andhra Pradesh — and there was no provision for another agency to interrogate the accused. The counsel quoted earlier judgments of the Supreme Court in similar situations.

However, the CBI counsel argued that the investigation agency had taken the accused into custody after registering a fresh complaint. The earlier complaint on which the CID acted was not valid while filing the second complaint, the counsel added. The rules say that the investigating agencies should take the accused into custody for questioning within 15 days of granting the judicial remand. The CID followed the rule book and took the accused into custody within the prescribed time limit.

However, with the CBI registering a fresh case, the Supreme Court’s earlier judgments would not have any bearing on the fresh custody, the CBI counsel argued.

The counsel for the accused had also raised an objection to lodging the accused in a cell in the Central Crime Station (CCS) in Hyderabad. The counsel pointed out that there was no proper sanitation in the cells and the accused had to encounter rodents during the night, making it difficult for them to have a good sleep. However, the CBI counsel said the accused were being given all the comforts.

After hearing the arguments, justice KC Bhanu dismissed the petition and allowed the CBI to continue to have the accused in the custody
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