SC Bats for Victim-centric Approach, Refuses to Entertain Plea for Consolidation of FIRs
New Delhi: Observing that a victim-centered approach was necessary, the Supreme Court on Thursday refused to entertain a plea from investors to refer 53 FIRs pending in seven states to the clubs regarding alleged fraud of Rs 49 million.
The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, did not accept the arguments of senior advocate Aman Lekhi, who appeared on behalf of the accused Upendra Nath Mishra and Kali Prasad Mishra.
This led to the claim being withdrawn. Several criminal cases are pending against the accused in Odisha, Chhattisgarh, Jharkhand, Gujarat, Maharashtra, Goa and Andhra Pradesh.
Referring to previous apex court orders ordering merger of FIRs in major fraud cases, the bench said that instead of a victim-centric judicial approach, pro-accused orders were passed in the name of FIR merger and speedy trial.
“What will happen to the rights of victims of such crimes?”, the CJI said while rejecting the order to join FIRs. he asked. Citing recent amendments to the criminal law, the CJI said the rights of victims are now recognised.
The board said that each case of fraud is different and separate as the victim and the amount defrauded are different, adding that of course the accused remains the same.
“I cannot bludgeon FIRs for investigation,” the bench said, adding: “Victims of such frauds are also invisible victims of a judicial system that does not care about them.”
The CJI asked, “Is it fair to ask the victims of your crime to come to one place from different places for the convenience of the accused?” he said.
Justice Bagchi stated that every crime of fraud, cheating and conspiracy is separate and different and asked why the victims of such crimes should suffer.
