New Delhi: Overruling two of its previous orders, a three-judge Bench of the Supreme
Court has held that separate offences committed by a person against others, even
though flowing from similar transactions, should not be clubbed together and
transferred to one place for trial.
The ruling was handed down by a Bench comprising chief justice B N Kirpal, justice K
G Balalkrishnan and justice Arijit Pasayat on a petition filed by a former Director
of Golden Forest (India) Ltd, who had been accused of defrauding people of their
monies.
The company had collected crores of Rupees from the general public for purchasing
the land and promised that the amount would be returned after expiry of the maturity
period fixed through cheques.
When monies were not returned and complaints were received by the Punjab government,
the Vigilance Department registered FIRs against the director, Rajesh Sayal, as a co-
accused in the cases registered against the company.
The accused moved the High Court seeking clubbing of the cases together for trial at
one place and the High Court relying on a judgement of the apex court allowed the
plea.
On an appeal being preferred before the apex court by the state government, the
three-judge Bench asked the accused as to what was the provision of law under which
the cases against him could be heard together.
PTI