Mahesh Langa, a journalist with The Hindu, has approached the Gujarat High Court challenging a magistrate's decision to remand him to police custody for ten days, after his October 8 arrest in a case involving allegations of Goods and Services Tax (GST) fraud.
The matter was mentioned before the Bench of Justice Sandeep Bhatt.
Senior Advocate Jal Unwala appeared for Langa and informed the Court that the plea challenges the magistrate's remand order against the journalist. In his plea, Langa has contended that the magistrate court passed the remand order without any application of mind.
The plea was mentioned yesterday and was briefly taken up by the Court today.
"The magistrate straight away grants 10 days remand in an offence of 420 (cheating) Indian Penal Code... The judgment of the Supreme Court says that it is not by the gravity of the offence," Senior Advocate Unwala argued during the hearing.
The Court today asked the counsel to serve copies of the plea on the State and kept the matter for hearing on October 14 (Monday).
The Court also asked the State's counsel to get instructions by then.
Langa was arrested on the morning of October 8 by the Detection of Crime Branch (DCB) along with three others in Gujarat.
This was after 13 firms and their owners were booked for allegedly committing fraud while claiming input tax credit (ITC), based on a complaint by the Directorate General of GST Intelligence (DGGI).
The police alleged that the GST fraud resulted in a loss to the government exchequer, with the accused obtaining ITC through fake bills. The first information report (FIR) claimed that over 220 benami firms were established using forged documents as part of the scheme.
Langa's counsel today submitted that the Department's entire case revolved around nearly 220 shell companies, of which Langa has been linked by the authorities to one, namely DA Enterprise. In his plea, Langa asserted that there is nothing to show that he was not even remotely connected to the working or affairs of this company.
His counsel further pointed out today that Langa was not even named in the first information report (FIR). Rather, only his cousin's name finds mention as a witness, he said.
"Out of these 220 companies, (the alleged link to me) is just one company known as DA Enterprise... This company has two partners, one is Manoj Bhai and one is Kavita Ben...Now Manoj Bhai happens to be my cousin brother ... Manoj is shown as a witness by the Investigating Officer," Senior Advocate Unwala said.
The plea has also argued that Langa's arrest was politically motivated and only aimed at ensuring that he does not pursue journalistic activities.
During today's hearing, the State counsel replied that they were yet to receive a copy of the plea in order to make a response.
"Supply papers today," Justice Bhatt told Langa's counsel, before adjourning the case till Monday.