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A Supreme Court bench of Justices Bopanna and Vikram Nath today issued notice in a plea filed by disabled Bollywood actor Mohammad Naseer seeking bail in a case registered against him by CBI under provisions of Prize Chits Money Circulation Schemes (Banning) Act, 1978.

Naseer who acted in a 2009 film called “Shadow” is blind by birth and has stated in the plea that it is difficult for him to move on his own frequently. When the plea was called for hearing, Sidharth Bhatnagar, Sr.Adv, appeared for Naseer and submitted that the order in his bail reserved two years ago by the Orissa High Court and the judgment is yet to be pronounced since then.

The court on hearing his submissions, issued notice in the plea and ordered it be returnable in three weeks.

The plea, filed through Advocate on Record Swarnendu Chatterjee claims that Naseer was one of the Directors of a company called  M/s Fine Indi Sales Pvt. Ltd.

It is Naseer’s submission in the plea that in July 2009, one Niranjan Sahu lodged a complaint  with in Sahadevkhunmta Police Station, Odisha  alleging cheating and siphoning of funds in the name of chit fund schemes. It is claimed that on July 18, 2009 the complaint was transferred to Crime Branch and got registered.

According to the plea, the Orissa High Court transferred the complaint to CBI. Though the CBI filed chargesheet in 2016 it stated in 2019 on affidavit that "considering the intricacies and magnitude of money laundering in this case at least another one year would be required to complete the Investigation.” It is claimed that CBI has failed to complete investigation till date.

The plea states that Naseer’s name was mentioned in the charge-sheet of CBI from 2016. Though was arrested on July 20, 2009, he was enlarged on bail on the same day. Naseer, throughout the period of investigation, was not arrested. Thereafter, the CBI took him into custody in February 2019 and Naseer’s status remains the same to date.

It is Naseer’s contention that he was taken into custody after more than 2 years of filing the chargesheet for no apparent reason.

With regard to the trial, it is contended that the prosecution has cited 229 witnesses out of which 64 witnesses are from Uttar Pradesh and 18 witnesses belong to Orissa. It's been also alleged that the trial has not progressed substantially and few witnesses have been examined.

According to the plea, delay in adjudication of the case is clearly violating the right to life and personal liberty of Naseer under Article 21.

It is contended that since Naseer has already been in jail for three years, It is duty of the state and right of the person to get speed trial.

For the aforesaid reasons, Naseer has filed this Writ Petition for the direction of the court to issue writ of mandamus against the illegal arrest and for grant of bail.

The plea states that the apex court’s intervention is required to prevent travesty of justice and protection of Article 21 of the Constitution of India, because Naseer has already undergone the detention for 3 years post filing of charge- sheet. The plea also notes that the Orissa High Court has not adjudicated his bail plea for two years.

Advocates Himanshu Nailwal, Aditya Sidhra,  Yashwardhan Singh appeared in the matter along with Senior Counsel Sidharth Bhatnagar and AoR Swarnendu Chatterjee. 

Case title: Mohammad Naseer Vs Enforcement Directorate