New Delhi, Mar 18 The Delhi High Court on Wednesday stayed trial court proceedings against industrialist Bina Modi and senior lawyer Lalit Bhasin in a case of alleged assault of Godfrey Philips India (GPI) executive director Samir Modi during a board meeting in 2024.
Justice Saurabh Banerjee issued notices on petitions filed by Samir Modi's mother, Bina Modi, and Bhasin challenging the summons issued to them. The court directed the Delhi police to file a status report in four weeks.
"In the meanwhile, there shall be a stay of pending proceedings (in the trial court)," the court said, listing the matter for further hearing on July 29.
Calling the case "complete perversity," senior counsel appearing for the petitioners argued that the trial court's decision was without any basis, based on the assumption that the police cannot "exonerate" any person during investigation.
The senior counsel said the CCTV footage showed no case of assault and that Samir Modi attended the meeting for two hours before the alleging assault on him.
The trial court on February 10 took cognisance of the matter and issued summons to Bina Modi, Bhasin, and Bina Modi's personal security officer Surendra Prasad, who allegedly assaulted Samir Modi. They were directed to appear on May 7.
While the police charge sheet filed on March 1, 2025, named Prasad as an accused with sufficient prima facie material, it stated there was absence of enough evidence to prosecute Bina Modi and Bhasin. However, acting on a "protest petition" by Samir Modi, the trial court held that conspiracy or common intention could be inferred from circumstances.
"Further, it is a matter of trial and for the prosecution to lead evidence and to prove the allegations levelled against the accused persons and for the defence to counter them. The Investigating Officer cannot be a deciding authority in a case that he is investigating, that too on the basis of the statement of one of the accused that the other accused persons have not committed any offence," the court of judicial magistrate said, finding sufficient prima facie material against Bina Modi and Bhasin.
Allowing the protest petition, the judicial magistrate said, "At the stage of taking cognizance, a meticulous evaluation of evidence is neither warranted nor permissible and the material on record, though circumstantial, forms a prima facie chain pointing towards a meeting of minds between the accused persons which is sufficient at this stage to proceed with the trial."
According to the prosecution, Samir Modi went to the GPI office on May 30, 2024, to attend a board meeting as executive director. He alleged that Prasad, acting on Bina Modi's instructions, stopped him from entering the boardroom and assaulted him when he insisted on attending.
The complaint said his right index finger was broken and required surgical intervention with insertion of a screw and wire. The medico-legal certificate described the injury as grievous. CCTV footage of the incident was also part of the material collected.
Samir Modi further alleged that when he informed his mother about the assault, she asked him to sit down and allow the meeting to proceed. He claimed Bhasin also insisted the meeting continue despite his injuries.
