Directorate of Enforcement Vs Rajni Kohli & Ors. (Patiala House Courts, New Delhi)
In a recent ruling, the Patiala House Courts, New Delhi addressed the use of video conferencing in investigations during the case of Directorate of Enforcement Vs Rajni Kohli & Ors. The court emphasized that when trials can be conducted via video conferencing, there is no justification for not applying similar methods in investigations, particularly in cases where custodial interrogation is deemed unnecessary. This ruling arose from the unique circumstances surrounding the non-applicant’s inability to return to India due to factors beyond his control.
Background of the Case
The non-applicant, Rajni Kohli, had been granted anticipatory bail on November 15, 2022, with specific conditions that included depositing ₹7.10 crores and returning to India by November 28, 2022, to cooperate with the investigation. Kohli complied with the financial condition but failed to return to India as required. Instead, he submitted an application seeking an extension due to medical reasons, which raised questions regarding his commitment to the investigation.
On December 21, 2022, the Directorate of Enforcement (ED) filed for the cancellation of Kohli’s bail, arguing that his failure to return constituted a violation of the bail conditions. The ED also suggested that Kohli might be attempting to influence witnesses or avoid the investigation process altogether.
Court Proceedings and Legal Questions
The case saw various proceedings, including an order on April 25, 2023, where the court concluded that Kohli’s failure to return was not a deliberate breach of the bail condition, as it was tied to health issues and subsequent travel bans. The court framed two significant questions for consideration: whether Kohli’s non-appearance was deliberate and if a breach due to circumstances beyond his control could lead to bail cancellation.
