Appearing for Roy in the Supreme Court, Ram Jethmalani told a bench headed by Justice K S Radhakrishnan that 65-year -old Roy is in police custody.
Jethmalani also pleaded to the court for recalling of NBW issued by it on February 26.
He submitted that the special bench, comprising Justices Radhakrishnan and J S Khehar, which heard the case be assembled today to hear his application.
Justice Radhakrishnan, who sat with Justice Vikramajit Sen, however, said that it is not possible for the special bench to assemble today.
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