Rights of victim as important as those of accused, says SC

New Delhi: Terming a two-decade-old jurisprudence giving primacy to right of accused to fair and speedy trial and their release to avoid prolonged pretrial incarceration as "old-fashioned", Supreme Court on Monday said the present jurisprudence gives equal weightage to justice for victims of crime.

The remark came from a bench of CJI Surya Kant and Justice Joymalya Bagchi on a petition filed by DS Chhokar - a former Haryana MLA and realtor in custody for 16 months for allegedly siphoning hundreds of crores of rupees from homebuyers' deposits against promised flats - seeking regular bail after having been turned down by the Punjab and Haryana HC.

Homebuyers' interest more important than ED response: SC
When senior advocate Narender Hooda argued about long incarceration and rights of accused, the CJI-led bench said for long jurisprudence has favoured rights of the accused. "That is old-fashioned. The new jurisprudence is for protection of rights of those who have suffered because of crimes," the SC said.

The bench said ensuring homebuyers' interest is of paramount importance. Instead of seeking response from Enforcement Directorate on Chhokar's bail plea, SC asked him to present a comprehensive plan to repay homebuyers "whom you have ex-facie duped".

The Chhokar family, which owns several real estate firms, undertook the project of building 1,500 flats on a 10-acre plot at Gurgaon's Sector 68 in 2017. Their firm collected around Rs 363 crore from homebuyers and allegedly misappropriated or misutilised the funds, leading to registration of a case by the ED under the Prevention of Money Laundering Act.

Finding Chhokar's active involvement in misappropriating funds, the high court on April 6 rejected the realtor's bail plea, saying, "It is apparent on record that the petitioner is accused of siphoning off hundreds of crores of rupees of homebuyers who booked flats in the affordable group housing project being developed by Sai Aaina Farms Pvt Ltd (SAFPL)."

The Punjab and Haryana HC had also rejected Chhokar's bail plea, which was filed on grounds that as a former MLA and a senior citizen, who had deep roots in society, he would not abscond and that other co-accused (his sons) have been granted bail.

Referring to the past conduct of the builder who had tried to flee and that it took a joint effort by ED and Delhi Police to foil the escape bid, the HC said ED's apprehension that Chhokar is a flight risk was reasonable.


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