HC tells court to conclude trial against developer Bajwa

The Punjab and Haryana High Court has expressed concern over the prolonged delays in investigations against developer Jarnail Singh Bajwa, noting that some cases have remained pending for more than six years, with certain investigations stretching over a decade without any progress, “what to talk of bringing the accused-respondent to book”.

The assertion came as Justice Sandeep Moudgil set a four-month deadline for the trial court to conclude proceedings in a case of fraud and cheating. The complainant had alleged he was duped of Rs 2.5 crore.

Justice Moudgil asserted the petitioner-applicant Kuldeepak Mittal was seeking directions to the trial court to conclude the trial in the complaint case within three months. Directions were also sought to official respondents to register an FIR against “accused persons for commissioning of offence of cheating and fraud with the applicant-petitioner to the tune of Rs 2.5 crore in 2012, which is the subject matter of the complaint”.

“It is apposite and rather incumbent upon this court to ensure the fulfilment of principle of criminal jurisprudence that ‘justice not only has to be done but it should look to have done’. Therefore, this court feels it expedient for expediting the proceedings before the trial court,” Justice Moudgil asserted.

The court observed the right to a speedy trial was integral to Article 21, while emphasising the qualitative difference between this right and the right of an accused to a fair trial. The Bench asserted speedy trial safeguarded the rights of the accused. But it was required to be balanced against the societal impact of the crime and public confidence in the judicial system.

Justice Moudgil said: “The nature and gravity of crime, persons involved, social impact and societal needs must be weighed along with the right of the accused to speedy trial and if the balance tilts in favour of the former, the long delay in conclusion of criminal trial should not operate against the continuation of prosecution”

Justice Moudgil added the court was being tested by Bajwa for its patience. But “the conduct on his part was still continuing to be that of hardcore criminal, wherein despite the issuance of specific directions by this court to supply bank account details owned by him or any of his firms/company, he is still withholding the material information from the court, which is sufficient for this Court to infer that he is not complying with the directions issued by this court in letter and in spirit”.

Accounts attached

Noting the casual approach adopted by Bajwa, Justice Moudgil directed immediate attachment of all bank accounts mentioned in an affidavit belonging to Bajwa Developers Limited, Bajwa Land Developers and Promoters Private Limited, and Bajwa himself. Mohali Chief Judicial Magistrate was also instructed to ensure the attachment

was executed.