“Has any person been sent jail without knowing what crime he has committed and under what provision he has been punished,” he said while contending that Roy was sent to jail while the contempt petition against him was still pending.
He said it is unconstitutional to send a man behind bars for not paying the money and also questioned the order putting a condition of paying Rs 10,000 crore for getting interim bail.
“I appeal to you on behalf of all members of bar on this side to please consider our plea. I have not seen during long years of my practice that court ordered paying Rs 10,000 crore for getting bail,” he said.
“If my client has an apprehension of prejudice then that should be respected. I appeal that lordships should not decide the matter,” he said seeking recusal of the bench.
Senior advocate Rajiv Dhawan also raised similar plea and said that there has been error committed by the court which must be rectified.
“Moments come very rarely when we have to say that lordship has committed mistake. It is very rarely that we have told the bench that you have gone terribly wrong,” he said.
“The order was excess of jurisdiction as your lordships have no power to send him to jail during the pendency of the contempt petition. No offences were made, no process was followed and there was constitutional violation. Your lordships order was void and it must be quashed,” he said.
SEBI, however opposed the stand taken by Roy's counsel, saying that his petition is not maintainable.
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