New delhi: In a rare order, the Supreme Court has directed two judicial officers to undergo mandatory training for seven days at the Delhi Judicial Academy after outlining “serious lapses” in bail orders in an alleged fraud case of Rs 1.9 crore.
The order asking an additional chief metropolitan magistrate (ACMM) and a sessions judge to undergo training at the academy was passed in a verdict by the top court by which it allowed the appeal of M/S Netsity Systems Pvt Ltd against a series of bail orders that had gone in favour of the accused couple, Shiksha Rathore and her husband.
Quashing the bail granted by the ACMM, which was later upheld by the sessions court and the Delhi High Court, the bench, in its September 25 judgement, asked the accused to surrender before the trial court within two weeks.
“Before parting, we would be failing in our duty if we turned a blind eye to the manner in which the ACMM granted bail to the accused and the Sessions Judge refused to interfere with such grant of bail,” Justice Amanullah, who authored the verdict, said.
The judgment went on, “We deem it appropriate that the judicial officers who passed the orders dated November 10, 2023 and August 16, 2024 shall undergo special judicial training for a period of at least seven days.”
The top court requested the Delhi High Court chief justice to make “appropriate arrangements” to train the judicial officers with the particular focus on sensitising them on how to conduct judicial proceedings, particularly in matters involving decisions of superior courts and the level of “weightage” that is entailed.
The verdict also directed that the judge chairing the Judicial Education & Training Programme Committee, Delhi High Court, should also be apprised of it.
The apex court was critical of the role played by the investigating officer (IO) in the case for his submission that the custodial interrogation of the accused was not needed and, moreover, the chargesheet was already filed.
“We would not shut our eyes to the role(s) played by the IOs either. The stand(s) taken by them before the court(s) below speak volumes. Accordingly, the Commissioner of Police, Delhi, is directed to personally conduct an enquiry into the conduct of the IOs and take appropriate action, as deemed necessary. Needful be done on a priority basis,” it ordered.
The ACMM, as a result, was directed to expedite the trial and bring it to conclusion.
“(Apex court) Registry is directed to communicate this Judgment to the Registrar General, Delhi High Court, for being placed before the learned Chief Justice and the learned Chairperson, Judicial Education & Training Programme Committee, forthwith,” it said.
The matter traces back to a complaint filed in 2017 alleging that the couple took Rs 1.9 crore from Netsity Systems Pvt Ltd on the promise of transferring land.
Investigation revealed that the land was already mortgaged and subsequently sold to a third party.
Following an order of the ACMM, an FIR was registered at Preet Vihar Police Station in 2018. The Supreme Court criticised lower courts for oversimplifying a case involving a couple accused of repeated fraud. Despite prior bail rejections, procedural lapses allowed them temporary freedom, which the apex court deemed “untenable”
and irregular. with agency inputs