Subrata Roy's lawyers prepare fresh line of argument for release

With Sahara chief Subrata Roy's efforts to sell his two iconic overseas hotels running into the Supreme Court's (SC) 60-day deadline for use of Tihar Jail's conference room for negotiations, his lawyers are preparing a fresh line of argument to secure his release on the grounds that he has already completed the maximum prison term of six months in the 'contempt of court' case for which he was put behind bars.

"The question to be debated is whether there is a reasonable limit for how long someone can be incarcerated under present circumstances or if the six months' limit prescribed under the Contempt of Courts Act applies", says Gopal Sankaranarayanan, senior advocate, SC.

Roy has spent more than six months in jail for his defiance to appear before SC in the matter pertaining to the issue of optionally fully convertible debentures by two Group companies. Roy's lawyers are of the view that an order of infinite imprisonment violates the fundamental rights guaranteed to a citizen under Article 21 of the Constitution. Sahara's counsel Ram Jethmalani has said, "Article 21 has been violated and no opportunity was given to Subrata Roy."

SC lawyer Abhishek Manu Singhvi said, "Although currently I am not arguing the case, in my professional opinion, the continued incarceration may well be held to be a violation of his right to life under Article 21 and a firm ground for a curative petition."

Another SC lawyer on condition of anonymity said, "Although the Supreme Court has unlimited powers, the question is whether such extraordinary powers of the apex court can eclipse even the fundamental rights of an individual?"