SUPREME COURT SETS ASIDE ANTICIPATORY BAIL IN LAND SCAM CASE, WHILE SAFEGUARDING PERSONAL LIBERTY IS CRUCIAL, THE GRAVITY OF THE OFFENCE CANNOT BE IGNORED

On 7 July 2023, In a significant development, the Supreme Court of India has set aside the anticipatory bail granted by the High Court in a land forgery case and directed a thorough investigation into the matter. The judgment, delivered by Honorable Justices Surya Kant and C.T. Ravikumar, highlights the seriousness of the alleged offences and the need for custodial interrogation in order to uncover the truth.

Supreme court emphasized the importance of striking a balance between individual rights and the interests of justice. It noted that while safeguarding personal liberty is crucial, the gravity of the offence cannot be ignored. The bench stated, "The alleged offences of forging documents for transferring ownership of land worth crores of rupees are grave in nature."

The case pertains to an elderly couple who claim to have been victims of a well-orchestrated fraud. They allege that forged documents, including a power of attorney and a sale deed, were used to transfer their valuable land to the accused. The court expressed concern over the suspicious nature of the transactions and the discrepancies in the execution and registration processes.

Highlighting the vulnerability of the victims, the court observed, "The Appellants are elderly couple. Being NRIs, the majority of their time is spent abroad... They have stated that they were not in India at the time of execution of the disputed sale deed." It further stated, "The Appellants have seemingly fallen prey to a well-orchestrated conspiracy hatched to rob them of their highly valuable property."

In light of these circumstances, the Supreme Court directed the Commissioner of Police, Gurugram, to constitute a Special Investigation Team (SIT) to take over the investigation. The SIT will be headed by an officer of the rank of Deputy Superintendent of Police and will have the power to subject the accused, buyers, and officials to custodial interrogation. The court stressed the need for a fair and unobstructed investigation to uncover the truth.

The judgment also emphasized the significance of cooperation from the authorities. The Court directed the authorities of the National Capital Territory of Delhi to extend full cooperation in verifying the authenticity of the alleged power of attorney. It further clarified that no interlocutory or interim orders passed by the Civil Court shall hamper the ongoing investigation.

The Supreme Court's decision in this case aims to address land scams and organized crimes related to land transactions, which have been a persistent issue in India. The judgment serves as a reminder of the importance of protecting vulnerable individuals and communities, ensuring justice, and restoring public trust.

The Commissioner of Police, Gurugram, has been entrusted with monitoring the day-to-day progress of the investigation. The Court expects the investigation to be concluded within two months from the date of the order.

Date of Decision: July 7, 2023

Pratibha Manchanda & Anr.   vs State of Haryana & Anr.