SC bats for victim-centric approach in fraud cases

Observing that a victim-centric approach is needed, the Supreme Court on Thursday refused to entertain a plea seeking a direction to club 53 FIRs pending in seven states in relation to alleged duping of Rs 49 crore from investors.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi did not agree to the submissions of senior advocate Aman Lekhi, appearing for the accused Upendra Nath Mishra and Kali Prasad Mishra. 

 This led to withdrawal of the plea. 

Several criminal cases are pending against the accused in Odisha, Chhattisgarh, Jharkhand, Gujarat, Maharashtra, Goa and Andhra Pradesh.

Referring to previous apex court judgments which ordered consolidation of FIRs in big fraud cases, the bench said instead of a victim-centric judicial approach, pro-accused judgments were being passed in the name of consolidation of FIR and speedy trial.

“What will happen to the rights of the victims of such crimes,” the CJI asked, while refusing to order consolidation of the FIRs.

The CJI referred to recent amendments in criminal law and said now the rights of victims have been acknowledged. 

Every case of fraud is distinct and separate as the victim and the defrauded amount are different, the bench said, adding that, of course, the accused remains the same.

“For investigation, I cannot club the FIRs,” the bench said, adding, “such victims of fraud are also invisible victims of the judicial system, which did not think about them”.

“Is it fair to ask the victims of your crime to come from different places to one place at the convenience of the accused,” the CJI said.

Justice Bagchi said every crime of fraud, cheating and conspiracy is separate and distinct and asked why should the victims of such offences suffer.