SC pulls up probe agencies: ‘Do you want everyone behind bars?’ | India News

NEW DELHI: Dismissing an appeal filed by the Serious Fraud Office (SFIO) challenged a tentative amount of bail granted to a defendant accused of financial fraud, the Supreme Court on Friday objected to the way investigative authorities challenged all orders at and said they should stop thinking that all defendants need to go to jail during the investigation.
Judge’s Bench Sanjay Kishan Kaul and MM Sundresh, who also previously expressed concern about authorities making arrests on a regular basis despite the defendant’s cooperation in the investigation, said it was necessary to change the mindset that everyone is imprisoned.
“Do you want people behind bars? Don’t think that everyone should be behind bars. Someone has been released on bail and strict conditions have been imposed on him while allowing bail. Why would you want to keep the swords hanging from them? How was the judgment of swindler (adopted by Allahabad high court) wrong? ” the bench asked at the beginning of the hearing.
Feeling the mood of the bench, the general counsel added Sanjay Jain said he would seek direction from the SFIO of the court’s concern and seek a week’s time.
However, the bench refused for time and dismissed SFIO’s plea without giving formal notice to the defendant, Vishwanath Guptawho filed prior notice through his attorney Avi Tandon to ensure that no adverse order was passed against him without hearing him.
In February 2018, the Ministry of Corporate Affairs (MCA) ordered the SFIO to investigate the affairs of 11 companies under the Rotomac Group of Companies. In May 2020, the MCA issued a penalty to the SFIO to prosecute all defendants after an investigation report was filed. The sanction given is also to prosecute 21 people VNG Group companies as well as that of Vishwanath Gupta, who later approached Allahabad HC, which released him on prior bail last August.
The highest court, in a series of orders, considered individual liberty an important aspect of its constitutional duty and that arrests were not made in the usual manner when a defendant was cooperating in an investigation. investigate and have no reason to believe her or him. will flee or interfere with the investigation. In October last year, they adopted guidelines whereby if a defendant cooperates with the investigation and is not arrested during the investigation, they will not be detained at the time the indictment is filed. The guidelines also state that the trial court cannot refuse to hear the charge simply because the defendant has not been previously arrested and presented.
SC previously said that a concern is that trial courts have shown reluctance to grant bail to defendants despite many incentives to release bail and realize that it is necessary to change the mindset of the defendants. trial courts.
“It is not possible that everyone has to be put behind bars under any circumstances. The court said bail should be encouraged, not jailed, and noted that the investigation drags on for many years and during that time people should not languish in jail, which also causes a state of affairs. Overcrowding in prisons.

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