Extraordinary Power U/S 482 CrPC Can't Be Exercised At Disposal Of Affluent Accused Who Arm-Twists Law To Achieve Scrupulous Ends: Delhi High Court

The Delhi High Court has observed that extraordinary powers of High Court under Section 482 of Code of Criminal Procedure are not meant to be exercised at the disposal of the affluent accused who do not leave any stone unturned to arm-twist the law of the land and administrative machinery to achieve their scrupulous ends.

Justice Chandra Dhari Singh dismissed a plea filed by Religare Finvest's ex Promoter, Malvinder Mohan Singh in connection with Religare Finvest scam case, challenging the order dated 7th December 2021 passed by the Trial Court which had dismissed his request to consult physically with his lawyers outside jail premises, while in custody, in order to prepare for proceedings before the Supreme Court, High Court and various district courts.

The plea also sought directions to the Jail Superintendent to facilitate physical meetings with the Advocate while in custody at the Delhi High Court Mediation Centre.

Mohan had also challenged the Impugned Order and any proceedings emanating therefrom, for failing to secure the his right to an adequate representation, under Article 21 of the Indian Constitution, read with Delhi Prison Rules, 2018.

The Court was of the view that the use of extraordinary power under sec. 482 of CrPC is required to be reserved only for extraordinary cases, where the judicial discretion and indulgence is warranted as per the facts of the case.

Thus, the Court noted that the accused along with others was alleged to have been swindled the proceeds of crime by the ED to the tune of 2397 Crores. In this backdrop, the Court added:

"Economic offences are detrimental not only to the economy of the nation but also the society at large. The underprivileged and downtrodden are often at the receiving end of the after-effects of such offences. Extraordinary powers of this Court are not meant to be exercised at the disposal of the affluent accused who do not leave any stone unturned to arm-twist the law of the land and administrative machinery to achieve their scrupulous ends."

The Court opined that the extraordinary writ jurisdiction cannot be exercised to give special treatment to Mohan by facilitating physical meetings for him with his counsel.

"Inherent powers of the Court are meant to be exercised to prevent the abuse of the process of any Court, however the petitioner under the garb of the liberty to approach the Court under the said provision is attempting to commit gross misuse of process," it added.

The Court said that sec. 482 CrPC is meant to secure the ends of justice cannot be otherwise subverted to circumvent the scheme of the Code.

"In light of the aforesaid, this Court does not find any cogent reason or any substantial ground to invoke its extraordinary jurisdiction to grant the relief that is being sought by the petitioner," the Court concluded.

Accordingly, the plea was dismissed.

FIR No. 50/19 was registered by Economic Offence Wing of Delhi Police on the complaint of Manpreet Singh Suri, Authorised Representative of Religare Finvest Limited under sec. 409, 420 and 120B of IPC.

According to the said FIR, the accused persons were alleged to have an absolute control in Religare Enterprises Ltd. and it's subsidiaries who allegedly put RFL in "poor financial condition" by advancing loan to companies having no financial standing and control by the said accused persons. According to the FIR, the accused persons in connivance with each other swindled public money to the tune of Rs.2397 crores.

Furthermore, it was alleged that such entities wilfully defaulted in repaying the loans and thereafter caused wrongful loss of about Rs. 2397 Crores to RFL. The FIR also states that the said discrepancies were noted by the Reserve Bank of India.

Malvinder Mohan Singh was arrested on 11.10.2019 in the present FIR. First charge sheet was filed on 06.01.2020 and cognizance of the offence was taken on 15.01.2020 by the Court. Thereafter, supplementary chargesheet was also filed in the matter.

Case Title: MALVINDER MOHAN SINGH v. ENFORCEMENT DIRECTORATE & ANR

Citation: 2022 LiveLaw (Del) 445

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