SC recommends mechanism similar to US Judicial Panel on multidistrict litigation set up for multiple FIRs
On the last occasion, the Supreme Court asked the Centre to come up with some solutions in the writ petition seeking transfer and clubbing of 29 FIRs registered against an accused, who has been in custody for duping people and collecting money from them, to an appropriate Investigating Agency.
FollowThe Supreme Court on Tuesday recommended establishing a mechanism similar to the United States of America’s Judicial Panel on Multidistrict Litigation set up to, inter alia, resolve matters in which multiple FIR's are registered against a particular person in multiple states. The top court has also sought the Centre's response proposing solutions to tackle such multiplicity of cases.
A Bench comprising Justices L Nageswara Rao and BR Gavai heard the submissions made by senior advocate, Kapil Sibal appearing on behalf of Radhey Shyam, Chief Managing Director of Future Maker Life Care Private Limited elucidating that the Code of Criminal Procedure, 1973 (CrPC) itself has solutions to the issue at hand, according to LiveLaw report.
On the last occasion, the Supreme Court asked the Centre to come up with some solutions in the writ petition seeking transfer and clubbing of 29 FIRs registered against an accused, who has been in custody for duping people and collecting money from them, to an appropriate Investigating Agency.
According to LiveLaw report, at the onset Sibal informed the Court that he had conferred with Solicitor General of India, Tushar Mehta, who had conveyed that he would leave the issue of bail to the wisdom of the Court. With respect to the issue of transfer and clubbing of cases he had intimated that he would be open to any reasonable solution.
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The report further said Sibal submitted that he had perused the decision of the Supreme Court in State of Punjab v. Rajesh Syal, AIR 2002 SC 3687, as had been indicated on an earlier occasion to act as an impediment to his case. In Syal, the Apex Court had treated each deposit agreement between a victim and accused as separate transactions. The Bench was apprehensive that it being a judgment passed by a 3-Judge Bench, might pose a problem in the present matter and a reference had to be made to a larger bench. Sibal argued that his case is distinguishable as therein the provisions applicable were Sections 218 and 220 of the CrPC. Moreover, in Syal, the charges had already been framed – “This has nothing to do with 218 and 220. These are provisions with respect to investigation. We are at the stage of investigation. It is only in one case that charge has been framed.”
As Mehta was not present at the hearing, the Bench suggested Sibal to argue his bail application. Sibal’s brief submission in this regard was that his client was in jail since the year 2018, according to LiveLaw report.
“Only argument on bail is that he has been in jail since 2018 and today we are in 2022.”
As the Bench was unable to find Shyam’s bail application, Sibal emphasised that an interlocutory application seeking bail on the ground of the prevalent Covid-19 situation had been filed, the LiveLaw report said.
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“There is an interlocutory application for interim bail qua Covid-19, milords.”
However, the Bench insisted that he file a bail application, for consideration of the Court next week. Assuring the Bench that he'll file a proper application, he sought for an interim bail in the context of Covid, the report added.
“File a bail application, we will have it next week. Ask Solicitor to give a note of his suggestion in the main matter. What should we do in a case like this where multiple FIRs are filed, and anything that this court can do.”
The Bench stated – “We asked the Solicitor for his comments because of this problem continuing for a very long time.”
Referring to the Osha ETS. proceedings in the United States of America, Justice Rao apprised Sibal, that in the said matter multiple cases were filed before different Circuits. The Judicial Panel on Multidistrict Litigation clubbed all the matters filed in separate circuits and sent it to the 6th circuit. The Bench suggested exploring the possibility of a similar mechanism being adopted in India, the LiveLaw report said.
The Bench asked Sibal to file the bail application, which it would consider on Monday. It was further clarified that the Bench would only consider the bail application and will not monitor the payments to be made to the complainants by Shyam.
(This report was published in www.livelaw.in on January 18, 2022.)
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