SC directs training for Delhi judges over 'serious lapses' in bail orders
New Delhi (PTI): 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.
During subsequent proceedings, the accused couple sought anticipatory bail, which was rejected by a Sessions Court in December 2018.
However, they managed to secure interim protection from the Delhi High Court later that month, which continued for nearly four years.
A mediation also took place between the parties and the accused undertook to repay Rs 6.25 crore to the complainant but failed to honour the commitment.
Their anticipatory bail pleas were ultimately rejected by the high court on February 1, 2023.
Despite this, the ACMM granted them bail in November 2023, observing that custodial interrogation was not required since the chargesheet had already been filed.
The sessions judge subsequently upheld the order in August 2024, and later, a single judge of the Delhi High Court dismissed the company’s challenge in November 2024.
The apex court came down heavily on the trial court and sessions court for “oversimplifying” the issue and ignoring crucial facts, including the accused’s conduct during earlier proceedings.
“The ACMM, despite being aware of the High Court’s order dated February 01, 2023, proceeded on the simplistic premise that since the chargesheet had been submitted, no useful purpose would be served by taking the accused into custody,” it said, terming the reasoning “untenable” and "bordering on perversity".
The top court also underlined procedural irregularities, including how the accused, after appearing before the court, were allowed to walk free without any formal interim release order until bail was granted a month later.
On the high court’s role, the bench said it erred in treating the matter as a routine bail cancellation plea, overlooking the exceptional circumstances of repeated fraud allegations against the couple.
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BJP to resolve decades-old Gorkha issue within 6 months of forming govt in Bengal: Shah
Kurseong (WB) (PTI): Seeking to strike an emotional chord with the politically crucial hill electorate, Union Home Minister Amit Shah on Tuesday promised that the BJP would resolve the decades-old Gorkha issue within six months if the BJP comes to power in West Bengal.
He said no party other than the BJP could find a solution acceptable to the Gorkhas.
Addressing a rally at Kurseong in Darjeeling district, Shah said the BJP understands the concerns and aspirations of the Gorkhas and would work towards a settlement on their terms.
"Within six months of the BJP forming the government in West Bengal, every Gorkha will have a smile on his face. We will find such a solution to the Gorkha issue that Gorkhas can live in peace," he said.
The Gorkha issue refers to the century-old demand for a separate state in the Gorkha-majority hill districts of north Bengal, although Shah did not utter the words 'Gorkhaland' or 'statehood' in his speech.
Instead, echoing the BJP's long-standing promise of a "permanent political solution" to the hill question, Shah said the issue would be resolved in accordance with the aspirations of the Gorkhas.
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"I am leaving today after promising you that as soon as the BJP government is formed, the decades-old Gorkha issue will be resolved according to the Gorkhas' terms," he said.
The BJP, which has won the Darjeeling Lok Sabha seat in every election since 2009, has consistently promised a permanent political solution to the hill issue without committing itself to a separate state.
The home minister accused the Mamata Banerjee government of refusing to engage with efforts to resolve the issue and said that after becoming home minister, he had convened three meetings on the matter.
"After becoming home minister, I convened three major meetings to resolve the Gorkha issue, but not even once did a representative from Mamata's side attend," Shah said.
"Mamata Didi, we are not dependent on you for a solution to the Gorkha issue. We have appointed an interlocutor who is preparing a report by engaging with Gorkha organisations here and officials of the West Bengal government," he added.
Claiming that the BJP alone understands the concerns of the hill residents, Shah said, "We understand you and your problems. No one except the BJP can resolve the Gorkha issue."
The home minister alleged that the Congress and the TMC had betrayed the people of the hills for decades.
"The Congress and the TMC have done injustice not only to Darjeeling but also to our patriotic Gorkha brothers," he said.
Seeking to broaden the BJP's pitch beyond the Gorkha issue, Shah sought to portray the election as a battle to free north Bengal and the hills from what he called years of neglect and injustice under the TMC rule.
"This election is to free the entire West Bengal from TMC's crimes. In a way, it is an election to gain freedom from the injustice happening for decades in north Bengal and Darjeeling," he said.
Referring to the Sandeshkhali controversy, Shah said, "The whole of West Bengal has decided that it is time for Didi to step down. This election is about protecting our sisters across the state. The Sandeshkhali incident has brought shame to the state."
The BJP leader told the gathering that while Darjeeling had repeatedly backed the BJP, the party needed support from the rest of West Bengal this time.
"For three elections, Darjeeling has been voting for the BJP anyway, but the rest of West Bengal did not provide as much support. But this time, the whole of West Bengal has made up its mind that it's time to oust Didi," he said.
Shah also raised the issue of Gorkhas' names being allegedly deleted from the electoral rolls during the Special Intensive Revision (SIR) exercise.
"The names of some Gorkhas were deleted during SIR. Once the BJP government is formed in West Bengal, all such names will be included in the electoral rolls again," he said.
He further alleged that hundreds of false cases had been slapped on Gorkha activists and promised that these would be withdrawn if the BJP formed the government.
"They have filed hundreds of false cases against our Gorkha brothers and sisters. The results will come out on May 4, and a BJP government will be formed on May 5. Before July 31, the BJP government in West Bengal will withdraw all cases against Gorkha brothers and sisters," Shah said.
The home minister also attacked the Mamata Banerjee government over budgetary allocations for the tribals.
"For tribal development, for Adivasis, for the hills, and for north Bengal, the Mamata government's total budget is Rs 2,000 crore. But for Muslims and madrasas, the Mamata government's budget is Rs 5,800 crore. This injustice will not last much longer," he said.
The demand for Gorkhaland and greater political autonomy for the Darjeeling hills has remained one of the most enduring and emotive political issues in north Bengal, often shaping electoral outcomes in the region.
Successive agitations -- from the Subhash Ghising-led GNLF movement in the 1980s to the later stir spearheaded by Bimal Gurung and the GJM, have repeatedly convulsed the hills.
Yet, despite the BJP's rise in Darjeeling and its continued dominance in the Lok Sabha seat since 2009, the party has so far stopped short of endorsing a separate state as it would have an adverse impact on south Bengal, preferring instead to speak of a "permanent political solution".
