HC raps CJM for not completing NDCCB trial
   Date :14-Sep-2019

 
Nagpur bench of Bombay High Court, on Friday, issued contempt notice to Chief Judicial Magistrate (CJM) and sought his explanation by October 5 for not completing the trial of Rs 152 crore Government Security (Gilt) scam, which had rocked Nagpur District Central Co-operative Bank (NDCCB) 17 years ago.
A division bench consisting of Justice Sunil Shukre and Justice Milind Jadhav came down heavily upon the judicial officer for not completing the criminal trial involving then NDCCB Chairman and Saoner MLA Sunil Kedar, in three months as directed and rejected his application seeking further time. The High Court minced no words while denouncing the inordinate delay in completion of criminal trials despite specific time-frame stipulated twice.
The Supreme Court has already set a time-frame of one year for all criminal prosecutions initiated against elected representatives and the High Court’s order expediting criminal case had increased the worries of Congress leader. But the trial which is languishing for last one-and-a-half decades did not move an inch, due to stay obtained by some accused from principal seat of High Court.
According to applicant Omprakash Kamdi, the High Court in March 2019 had directed the completion of trial within three months and unfortunately the wheels of criminal justice moved very slowly during last six months. The applicant sought action against CJM and respondent-accused for stalling the criminal trial.
The CJM, in his communication submitted to the registry, stated that Mumbai bench had stayed the trial and hence he was unable to proceed with the matter and sought more time. But the High Court while rejecting this application observed that the CJM should have placed these facts before the High Court long ago so that the issue could have been dealt with.
Kedar was Chairman of NDCCB when the scam took place in 2002. The earlier special auditor had indicted Kedar for causing loss to NDCCB and had directed him to pay Rs 129.31 crore with interest to the bank. He had challenged the order before then Co-operation Minister Harshawardhan Patil who had ordered a ‘de novo’ (afresh) inquiry.
The High Court, in its March 5 order, had directed the court of Chief Judicial Magistrate to preferably hold day-to-day hearing and sought completion of trial within three months.
This was for the second time the Nagpur bench had stipulated a specific time-frame for completion of NDCCB scam case languishing since last 17 years. The High Court had directed trial court to complete the criminal trial within one year way back on December 23, 2014, but the same could not be done due to stay granted by a single judge bench of Bombay High Court on a plea filed by Sanjay Agrawal, the mastermind and Director of Home Trade, who never appeared before Nagpur courts. Agrawal had moved Bombay High Court challenging territorial jurisdiction of various courts to try Gilt scam and a stay was granted by a single judge bench on December 19, 2014. Just four days later, a division bench of co-ordinated bench of High Court at Nagpur had directed completion of trial languishing for years due to technical reasons to complete it within next 12 months by holding day-to-day hearing.
When the orders of single bench were brought to the notice of Nagpur bench, it had once again triggered a jurisdictional war, with a division bench consisting of Justice Bhushan Gavai and Justice Murlidhar Giratkar expressing its unhappiness over the stay granted by a single judge to a case pending before Nagpur court when orders of severance were clearly issued. The High Court had also pulled up State Government for not bringing this order on record for last four years. As a result, the criminal trial was in limbo.
Adv Shreerang Bhandarkar appearing for the petitioner Omprakash Kamdi, contended that on April 7, 2018 the High Court here had clarified the position and noted that it had no applicability in pending case here. As a result, the High Court had directed CJM to submit details of criminal trial pending before his court. The CJM had submitted record and proceedings in Regular Criminal Case No 147 of 2002 before the Registrar (Judicial) and cited orders of single judge granting stay to the trial and expressed readiness to complete the trial within two months.
The respondents including MLA Sunil Kedar had protested against expediting trial apprehending that it would not be possible to complete the trial in such a short span and contended that such sweeping directions would result in denial of free and fair trial to his client.
The High Court had granted patient hearing to all sides and rejected this contention while observing that trial ought to have been completed long back and remained pending without any justification and had directed CJM to complete it within three months. Adv Shreerang Bhandarkar appeared for the petitioner. AGP Mehroz Pathan (State), Adv Akshay Naik (Kedar), Adv D V Siras (NDCCB GM) represented the respondents.