The Supreme Court on Monday described a two-decade-old legal principle that prioritises the accused's right to a fair and speedy trial as "old-fashioned," asserting that contemporary jurisprudence equally emphasises justice for victims of crime.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made this observation while hearing a bail petition from D.S. Chhokar, a former Haryana MLA and real estate developer. Chhokar has been in custody for 16 months on allegations of siphoning hundreds of crores of rupees from homebuyers' deposits. His plea for regular bail was previously rejected by the Punjab and Haryana High Court.
When senior advocate Narender Hooda argued on Chhokar's behalf, citing prolonged incarceration and the rights of the accused, the bench responded that the law had long favoured the accused. "That is old-fashioned. The new jurisprudence is for protection of rights of those who have suffered because of crimes," the court stated.
The bench emphasised that safeguarding homebuyers' interests is of paramount importance. Instead of seeking a response from the Enforcement Directorate (ED) on the bail plea, the court directed Chhokar to present a comprehensive plan to repay the homebuyers "whom you have ex-facie duped."
The Chhokar family, which controls several real estate firms, undertook a project to build 1,500 flats on a 10-acre plot in Gurgaon's Sector 68 in 2017. Their company collected approximately Rs 363 crore from homebuyers but allegedly misappropriated the funds, leading to a case under the Prevention of Money Laundering Act filed by the ED.
On April 6, the Punjab and Haryana High Court rejected Chhokar's bail plea, noting his active involvement in misappropriating funds. The court observed that the petitioner was accused of siphoning off hundreds of crores of rupees from homebuyers who had booked flats in the affordable housing project developed by Sai Aaina Farms Pvt Ltd.
The High Court also dismissed Chhokar's arguments that as a former MLA and senior citizen with deep roots in society, he would not abscond, and that other co-accused (his sons) had been granted bail. Referring to Chhokar's past attempt to flee, which required a joint effort by the ED and Delhi Police to thwart, the court found the ED's apprehension of flight risk to be reasonable.
