Arrest of Chanda Kochhar, her husband in loan fraud case amounted to abuse of power by CBI: HC
Mumbai (PTI): The arrest of ICICI Bank's former Managing Director and Chief Executive Officer (CEO) Chanda Kochhar and her husband Deepak Kochhar by the Central Bureau of Investigation (CBI) in a loan fraud case was "without application of mind and due regard to the law", amounting to an "abuse of power", the Bombay High Court has said.
A division bench of Justices Anuja Prabhudessai and N R Borkar had on February 6 held the Kochhars' arrest as illegal and confirmed a January 2023 interim order passed by another bench granting them bail.
In the order made available on Monday, the court said the CBI has been unable to demonstrate the existence of circumstances or supportive material based on which the decision to arrest was taken.
The absence of such circumstances renders the arrest illegal, it said.
"Such routine arrest without application of mind and due regard to the law amounts to an abuse of power," the court said.
The court also refused to accept the probe agency's contention that the arrest was made as the Kochhars were not cooperating with the probe and said the accused had a right to remain silent during interrogation.
"The right to silence emanates from Article 20(3) of the Indian Constitution, which gives an accused the right against self-incrimination. Suffice it to say that exercise of the right to remain silent cannot be equated with non-cooperation," it said in the order.
The CBI arrested the couple on December 23, 2022, in the Videocon-ICICI Bank loan case.
They immediately moved the high court challenging the arrest and sought for the same to be declared illegal, and by way of interim order, sought to be released on bail.
On January 9, 2023, the court, in an interim order, granted the Kochhars bail, noting that the CBI had made the arrest casually and mechanically and without application of mind.
In the February 6 order, the bench noted that section 41A of the Criminal Procedure Code (CrPC) was introduced to avoid routine arrests.
It cited that this provision restricts the power to arrest when an accused person complies with the notice issued by the police to appear for questioning and mandates that an arrest shall be made only when the police are of the opinion that it is necessary.
The court held that while it was within the domain of the investigating agency to interrogate an accused and to arrive at a subjective satisfaction on the issue, the same was not "wholly immune from judicial reviewability".
"The court can consider whether the reasons for deprivation of liberty are rational, reasonable or fanciful," it said.
The bench further said that the first information report (FIR) against the Kochhars was registered in 2019, and they were summoned for questioning only in 2022.
"Despite the gravity of the offence, the petitioners (Kochhars) were not interrogated or summoned for a period of over three years from the date of registration of the crime," it said.
From June 2022, the Kochhars have been appearing before the CBI as and when notices under section 41A were issued to them, the bench said.
The CBI had claimed that the Kochhars were arrested as they were not cooperating with the probe and that their custodial interrogation was required to unearth the entire gamut of conspiracy.
Apart from the Kochhars, the CBI had also arrested Videocon group founder Venugopal Dhoot in the case. The high court granted him bail in January 2023 in its interim order.
The probe agency has alleged that private sector lender ICICI Bank had sanctioned credit facilities to the tune of Rs 3,250 crore to the companies of Videocon Group promoted by Dhoot in violation of the Banking Regulation Act, Reserve Bank of India's guidelines, and credit policy of the bank.
The CBI had named the Kochhars, Dhoot along with Nupower Renewables (NRL) managed by Deepak Kochhar, Supreme Energy, Videocon International Electronics Ltd and Videocon Industries Ltd as accused in the FIR registered in 2019 under the Indian Penal Code sections related to criminal conspiracy and provisions of the Prevention of Corruption Act.
The agency has alleged that the ICICI Bank sanctioned credit facilities to the tune of Rs 3,250 crore to these companies in violation of norms.
It further claimed that as a part of quid pro quo, Dhoot made an investment of Rs 64 crore in Nupower Renewables through Supreme Energy Pvt Ltd (SEPL) and transferred SEPL to Pinnacle Energy Trust managed by Deepak Kochhar through a circuitous route between 2010 and 2012.
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Here's how netizens, media outlets projected Ashwini Kumar's bomb threat as 'Lashkar-e-Jihadi'
Mumbai: Mumbai was thrown into panic late on Thursday night when police received a WhatsApp message warning of a large-scale terror attack during the Ganesh festival. The message, written in the name of a jihadi group called “Lashkar-e-Jihadi,” claimed that 14 Pakistani terrorists had entered Mumbai with 400 kilograms of RDX loaded in 34 vehicles.
It warned of blasts that could kill as many as one crore people. Authorities immediately declared a high alert, and the case was handed over to the Crime Branch while the Anti-Terrorism Squad and other security agencies were put on standby.
Within hours, the threat made national headlines. Television channels and online portals reported the possibility of a terror strike, repeatedly linking the message to Pakistan-based groups.
The incident was projected as yet another attempt to destabilize Mumbai, and the supposed involvement of a jihadi outfit quickly gained traction across the media. However, a swift investigation by Mumbai Police traced the origin of the message to a very different source.
By Saturday, police had tracked down and arrested Ashwin Kumar Supra, a 50-year-old astrologer and Vastu consultant living in Sector 79 of Noida. Originally from Patna, Kumar admitted during interrogation that he had sent the message using the name of his former friend Firoz. In 2023, Firoz had lodged a fraud case against him at Phulwari Sharif police station in Patna, leading to Kumar’s three-month imprisonment. Seeking revenge, Kumar attempted to frame Firoz by posing as a jihadi terrorist. Police recovered his mobile phone, SIM cards, and other digital devices used in the hoax.
When the threat first came to light, social media was flooded with heated reactions. Journalist @Manju_IBNews wrote, “Another election around the corner!” while user @kv_mcu posted an aggressive comment demanding to “ban Islam and burn the Quran,” calling for mass deportations and tying the incident to culture and religion. In response, @RIMMS51979 countered sharply, saying, “Caller Name is Ashvini kumar what will you burn now.” Another user, @Valkyrie00777, questioned the credibility of the threat, pointing to contradictions in the claim that 14 terrorists had entered India with 34 bombs and 400 kilograms of RDX. Meanwhile, @Liberal51601607 remarked, “Terrorists have no religion.. Anyone..?”
Fact-checkers also weighed in. @zoo_bear (Mohammed Zubair) accused NDTV of omitting crucial context, posting: “Adani's TV hasn't mentioned that the accused Ashwini Kumar sent the bomb threat message to Mumbai police in the name of his friend Firoz to frame him.” The fact-check website Aazad Fact Check (@AazadFactCheck) published a detailed rebuttal, saying the story had quickly evolved into a propaganda tool. It noted that the supposed intelligence about “human bombs in vehicles” was technically flawed and described the entire sequence as “a pure example of Indian narrative building before a false flag operation.”
Adani's TV hasn't mentioned that the accused Ashwini Kumar sent the bomb threat message to Mumbai police in the name of his friend Firoz to frame him. https://t.co/17nZxYOrql
— Mohammed Zubair (@zoo_bear) September 6, 2025
After Ashwini Kumar’s arrest, the tone of the online conversation shifted sharply. Activist @ShabnamHashmi posted, “Ashwini Kumar 50 Year Old Astrologer from Noida has been arrested for sending these threats in the name of a Muslim. This is how Sangh sleeper cells are spreading hatred. Stop the Hate factory! Vote Out the Vote Chori Gang.” Journalist @indscribe (Shams Ur Rehman Alavi) observed that newspapers splashed the initial threat on front pages but buried the arrest details inside. “When the guy gets caught, the same newspapers don't publish his photo, relegate it to page 14 or reduce it to a single column… Interest gone after ‘name’ found,” he wrote.
Ashwini Kumar 50 Year Old Astrologer from Noida has been arrested for sending these threats in the name of a Muslim. This is how Sangh sleeper cells are spreading hatred
— Shabnam Hashmi (@ShabnamHashmi) September 6, 2025
Stop the Hate factory !
Vote Out the Vote Chori Gang pic.twitter.com/IzpLjWVJgu
Other users highlighted systemic and political angles. @shfique13 argued that there are now “two laws” in the country—one protecting those aligned with the government and another used to suppress truth-tellers. @SoodRajive claimed the episode was staged, alleging Kumar had been paid to frame a minority and calling it “a staged toolkit drama.” User @hussain2577 wrote sarcastically, “Such an innocent n bright person. Plzz grant him bail, Garland him, Give him BJP membership form.” Another account, @Sangliyana, remarked, “Risking his life just to frame a Muslim boy. This is what 11 years corrupting mind.” Finally, @rsbisht__ argued that Kumar’s only aim was to trap Firoz, linking it to what he described as rising hatred against Muslims in Uttar Pradesh under the Modi and Yogi administrations.
