New Delhi [India], September 24 : The Delhi High Court has raised serious concerns over "judicial indiscipline and impropriety" after finding that subordinate courts granted protection from arrest to an accused in a property fraud case despite repeated rejection of his anticipatory bail applications, including by the Supreme Court.
Justice Girish Kathpalia, while dismissing the fifth anticipatory bail plea in the matter, noted that both a Magistrate and an Additional Sessions Judge had entertained applications and stayed arrest even after the High Court and the apex court had declined relief.
The court said such conduct undermined judicial discipline within the hierarchy.
"The irresistible conclusion is that it appears to be a case of judicial indiscipline," the judge observed, directing that copies of the order be sent to the Registrar General for placing before Inspecting Committees of the two judicial officers concerned, and also to the Delhi Police Commissioner for necessary action.
The court further recorded that the accused and his counsel had concealed material facts regarding earlier dismissals, misleading subordinate courts. It also expressed concern over the role of the investigating officer, who failed to disclose the rejection of bail applications before the lower courts.
On merits, the plea was rejected as the High Court held there was no change in circumstances since the dismissal of earlier applications.
Arguments that forged property documents had surfaced and that a co-accused had repaid part of the cheated amount were deemed insufficient.
The court reiterated that bail courts are not recovery forums and repayment does not absolve an accused of criminal liability.