A bench comprising Mr Justice S B Sinha and Mr Justice P K Balasubramanyan issued notice on the petition filed by state of Maharashtra, challenging the Bombay High Court order providing anticipatory bail to Mr Dalmiya in April 2006.
The notice is confined only to the limited question whether the remarks made by the High Court in the impugned order should be expunged from the proceeding. The High Court, while granting pre arrest bail to Mr Dalmiya, had remarked that he seems to have been framed by BCCI.
Maharashtra today made a volte-face when it virtually dropped its prayer for cancellation of anticipatory bail granted to Mr Dalmiya.
The High Court had also asked the present BCCI Secretary who was the member of the Board during Mr Dalmiya's tenure as President, whether he was aware of the alleged bungling by Mr Dalmiya and if so, why the complaint was not lodged at that time? "Brooding omnipotence of the state machinery being available at the disposal of the complainant also cannot be ignored," the High Court observed in its order.
The complainant in this case is S K Nair, former Secretary BCCI.