The Supreme Court on Tuesday declined to give an early hearing to the petition challenging the continued detention of Brazil-born British citizen A E Pinto who is a key accused in the multi-crore urea scam of 1995.
The apex court also questioned the petition seeking issuance of writ of habeas corpus filed by Pinto's wife Engenia Teles Pinto who sought permission for her husband to leave the country.
"How a writ of habeas corpus can be issued?" a Bench comprising Chief Justice K G Balakrishnan and B S Chauhan said while noting that Pinto has been on bail in the case.
The Bench said it would hear the matter in the routine course and dismissed the application for early hearing.
Pinto's counsel Wills Mathews said the condition imposed by the Delhi High Court has restricted his movement which in all practical purpose was like detention.
The accused was in jail till October 29, 2002, after which he was granted bail with the condition that he will not leave India without permission of the court.
Later on November 11, 2005, the Delhi High Court allowed him to go to London for eight weeks for treatment subject to his furnishing Rs 40 lakh bank gurantee.
The wife of the accused said her 63-year old husband was suffering from cancer and paralysis and needed medicare but has been languishing in the country as he could not furnish the Rs 40 lakh bank guarantee ordered by the High Court to enable him leave the country.