HC seeks progress report of NDCCB scam trial from designated court
| Date :22-Sep-2020 |
Staff Reporter :
NDCCB scam trial to resume from September 24
Nagpur bench of Bombay High Court, on Monday, directed the designated court of Additional Chief Judicial Magistrate (ACJM) trying Rs 152 crore Government Security (Gilt) scam case, popularly known as NDCCB scam, to submit the progress of the trial. The scam had hit Nagpur District Central Co-Operative Bank (NDCCB) in 2002 and since then the criminal trial and enquiry progressed at a snail’s pace. The High Court also noted that following Standard Operating Procedures (SOPs) issued, the designated court of ACJM S R Totla had started recording testimony of the witness on September 19.
Cross-examination is slated on September 24. The trial itself started in November 2019 following a stern order passed by the High Court lamenting about inordinate and unjustified delay of 17 years. A division bench consisting of Justice Atul Chandurkar and Justice N B Suryawanshi also allowed respondents including Sunil Kedar, Animal Husbandry Minister of Maharashtra, to file their response. The court was hearing an application moved by original petitioner Omprakash Kamdi and others seeking resumption of trial which came to a grinding halt due to COVID-19 pandemic. The applicant’s counsel Adv Shreerang Bhandarkar claimed that since the court of ACJM S R Totla had been named as designated court and a majority of prosecution witnesses had deposed, the trial could be re-started and completed using social distancing norms and ensuring proper sanitisation.
Since this is the designated court entrusted with this single matter, it can be easily heard following all SOPs, he claimed. In November 2019, the trial court had finalised charges of criminal breach of trust, misappropriation, forgery, criminal conspiracy in NDCCB scam. Sunil Kedar, the then Saoner MLA who is now a minister in Maharashtra Cabinet, and eight others have been made accused in this case and charges have been framed under Sections 406, 409, 468, 471, 120-B and 34 of the Indian Penal Code against them. Kedar was Chairman of NDCCB when the scam took place in 2002. Other accused persons against whom charges were finalised include stock-broker Ketan Seth (Mumbai), Mahendra Agrawal, Shreeprakash Poddar, former GM of NDCCB K D Chaudhari, then chief accountant Suresh Peshkar, Subodh Bhandari, Kanan Mewawala, Nandkishor Trivedi, Amit Verma. Criminal Investigation Department (CID) had filed chargesheet against all accused before the CJM way back on November 22, 2002.
The trial has been expedited by the High Court in 2019, directing the CJM court to hold day-to-day hearing and finish it within three months. “The justice administration system owes an explanation to the society for such inordinate delay, especially when public money to the tune of Rs 150 crore and interests of unsuspecting victims, largely poor agriculturists and depositors are at stake,” the High Court had noted while directing the trial court not to delay the matter any further. On Monday, the High Court asked Additional GP Deepak Thakre to convey order to the presiding judicial officer of the designated court and get the progress report.