‘We owe explanation to people for delay in punishing NDCCB scam accused’

Saoner MLA Sunil Kedar, who filed his nomination on Friday with much fanfare, received a jolt from Nagpur bench of Bombay High Court the same day, which directed the Chief Judicial Magistrate (CJM) to immediately proceed to complete the trial of Rs 152 crore Government Security (Gilt) scam that had rocked Nagpur District Central Co-operative Bank (NDCCB) 17 years ago.

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.

The High Court also directed to register the application moved by original petitioner Omprakash Kamdi as separate Public Interest Litigation and issued notice to all respondents.

The criminal case pending since 2002 has not moved an inch in last 17 years, lamented a division bench consisting of Justice Sunil Shukre and Justice Milind Jadhav while making some critical comments about the judicial system about inordinate delay in dealing with a case involving a scam of over Rs 150 crore.

“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 noted while directing the trial court not to delay the matter any further.

The High Court also asked the Principal District Judge to furnish names of all Presiding Officers who had occasion to deal with NDCCB scam trial since December 23, 2014 when the High Court had directed completion of trial within one year, an order which was followed only in breach so far.

“This will enable us to examine the issue of contempt of court appropriately,” the High Court noted while making it amply clear that it would not spare judicial officers who flouted the order citing some flimsy technical reason.

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 had sought action against CJM and respondent-accused for stalling the criminal trial. The CJM had claimed that Mumbai bench had stayed the trial and hence he was unable to proceed with the matter.

The High Court during last hearing had rejected the request to extend the time and issued a show cause notice to CJM as to why contempt proceedings should not be initiated against him. In response, the CJM submitted that he had joined on June 10, 2019 and by that time the record of criminal case was transferred to Mumbai Bench.

The High Court had directed trial court to complete the criminal trial within one year way back on December 23, 2014, but 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 triggered a jurisdictional war and a division bench here had expressed its unhappiness over the stay granted by a single judge to a case pending before Nagpur Court when orders of severance were clearly issued.

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. He charged the Saoner MLA with sabotaging the trial and stalling criminal process.

The High Court also directed the trial court to immediately call record of criminal case No.147 of 2002 and start trial against all accused (except Sanjay Agrawal) without any delay and hold day-to-day trial. In case Mumbai courts require any papers pertaining to Agrawal, same should be separated and sent to the court, the High Court directed while removing all legal hurdles in way of NDCCB scam trial.

Adv Shreerang Bhandarkar appeared for the petitioner. AGP Mehroz Pathan (State), Adv Mukesh Samarth (NDCCB), Adv Akshay Naik (Kedar), Adv D V Siras