The Supreme Court on Wednesday said economic
offences constitute a class apart with deep-rooted conspiracies and huge loss
of public funds therefore worthy of a serious view.
A bench of Justices Bela M Trivedi and P B Varale
said granting anticipatory bail was "certainly not" the rule.
The court said the accused who continuously avoid to
follow the due process of the law by not attending court and conceal themselves
to derail the proceedings were not entitled to anticipatory bail.
"If the rule of law is to prevail in the
society, every person would have to abide by the law, respect the law and
follow the due process of law," it added.
The bench's remark came when it allowed 16 appeals
of Serious Fraud Investigation Office (SFIO) and cancelled the anticipatory
bail granted to the accused in the over Rs 9,000 crore Adarsh Credit
Cooperative Society embezzlement case.
"It is no more res integra that economic
offences constitute a class apart, as they have deep rooted conspiracies
involving huge loss of public funds, and therefore such offences need to be
viewed seriously. They are considered as grave and serious offences affecting
the economy of the country as a whole and thereby posing serious threats to the
financial health of the country," the bench said.
The law, the court said, aided only the "abiding" and certainly not
its "resistants" and when a chargesheet was submitted in the court,
or in a complaint case, summons or warrant were issued to the accused, they
were bound to submit themselves to the authority of the law.
"If he is creating hindrances in the execution
of warrants or is concealing himself and does not submit to the authority of
law, he must not be granted the privilege of anticipatory bail, particularly
when the court taking cognisance has found him prima facie involved in serious
economic offences or heinous offences," the verdict authored by Justice
Trivedi said.
The top court asked high courts to consider issuing
non-bailable warrants and initiating proclamation proceedings "seriously
and not casually" while hearing the pre-arrest bail pleas of such accused
persons.
In the present case, the bench said, the Ministry of
Corporate Affairs directed the SFIO to investigate into the affairs of 125
companies.
Once investigation was over, the SFIO lodged the
private complaint before the special court against the accused persons
including the respondents, alleging various serious offences under the
Companies Act and the IPC.
The bench while referring to the offence covered
under Section 447 of the Companies Act, said it was made cognisable and the
person accused of it was not entitled to be released on bail or on his bond,
unless twin conditions mentioned in it were satisfied.
"The twin conditions are: (i) that a public
prosecutor should be given an opportunity to oppose the application for such
release; and (ii) where the public prosecutor opposes the application, the
court is satisfied that there are reasonable grounds for believing that he is
not guilty of such offence and that he is not likely to commit any offence
while on bail," the bench said, calling the riders mandatory.
The top court said the Punjab and Haryana High Court
passed the orders granting anticipatory bail to the accused despite the special
court taking cognisance of the alleged offences under the Companies Act including
under Section 447 and other offences under the IPC.
Even the non-bailable warrants were issued from time
to time against the accused and in some cases even the proclamation proceedings
were initiated against them, the court said.
"The said orders have been passed in utter
disregard of the mandatory conditions contained in Section 212(6) of the
Companies Act, and also ignoring the conduct of the respondents accused. Such
orders being in the teeth of the legal position settled by this Court, as also
in the teeth of the Section 212(6) of Companies Act, would fall into the
category of perverse orders and therefore untenable at law," the verdict
said.
The bench said in none of the orders, the high court
"bothered to look" into the proceedings conducted, and the detailed
orders passed by the special court for securing the presence of the accused.
The judicial time of every court, even of the
magistrate's court, was as precious and valuable as that of the high courts and
the Supreme Court, it underscored.
Not allowing the courts to proceed further with the
cases by avoiding execution of summons or warrants, disobeying the orders of
the court, and trying to delay the proceedings by hook or crook, would
certainly amount to interfering with and causing obstruction in the
administration of justice, the bench added.
Calling the orders "perverse and untenable at
law", it said they couldn't be sustained and directed the accused persons
to surrender before the special court within a week from Wednesday.