The Hindu Business Line : IT industry decries arrest of Baazee.com CEO

"We are dismayed with what has happened. To make such an arrest is strange, and moves towards a draconian approach. We strongly disfavour it," the Nasscom President, Mr Kiran Karnik, told reporters on the sidelines of TiEcon India 2004 here.

Nasscom has sought an immediate release of Mr Bajaj even as the legal case proceeds. Asked whether the Information Technology Act 2000 needed an amendment in the light of the debate generated after Mr Bajaj's arrest following the Multimedia messaging service (MMS) case, Mr Karnik said, "if it is because of the wording in the IT Act that such a thing can happen, then we surely need to amend the Act.''

He pointed out that the auction company and its CEO had fully co-operated with the authorities.

"We do not want to comment on the legal aspects of the Baazee.com case, which is a matter for lawyers and the legal system.

"However, we understand that the company and Mr Bajaj (the CEO) had co-operated voluntarily and fully with the investigating authorities. All the evidence is on record and available. In such a situation, the arrest and detention of Mr Bajaj is uncalled for and not expected in a mature democracy like ours," he said.

As a global and responsible technology industry and the most attractive destination for service, India needed to ensure that it does not send out the wrong signals to global customers and investors.

"While the law must take its own course - without favour or fear - such a peremptory arrest in a case like this is not only an extreme and completely unnecessary step, it verges on draconian measures that do not fit into our self-image as a civilised, modern democracy," he said.

He recounted that a few years ago when a CEO of an IT company was detained abroad, the Indian Government had worked closely with the association and conveyed strongly that such a step was not acceptable. "We don't expect the Government to do this in our own country," he said.

On whether the Nasscom would take up the issue with the Communications Minister, Mr Dayanidhi Maran, Mr Karnik said, "We will do all that we can to first get him released. I am sure courts will do a fair trial."

He admitted that the auction sites needed to be cautious about what they put up but pointed out, "Sometimes, some things get in... But such an arrest is not called for."

Bail plea hearing: Meanwhile, the Delhi High Court would hear the Delhi Police on Tuesday on the bail application of Mr Bajaj. Judge Vikramjit Sen issued the notice to the Delhi Police to be returnable by Tuesday.

Mr Bajaj moved the bail application in the High Court today after a trial court rejected his plea on December 18 and remanded him in judicial custody till December 24.

When contacted, Mr A.S. Chandhiok, counsel for Mr Bajaj, said, "We have moved the bail application. Our plea is that there is no offence made for even his prosecution. The matter is coming up for hearing tomorrow."

Mr Saurabh Srivastava, Executive Chairman of Xansa India and an industry veteran, termed the arrest as a "knee-jerk reaction" and cited the US where Web sites given served a notice to take the offensive material off its site.

"A portal has a lot of people posting a lot of stuff. It is impossible for a CEO to go through it and know the contents. There is no mechanism to monitor such a thing," he said adding, "It is a new area for us and we need to build our own legal case." This incident would also have a huge business impact, he added.

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