In order to expedite the legal scrutiny of the NBFC ( Chit Fund) related cases the High Court of Tripura has asked the state government appoint necessary number of special prosecution counsel to ‘chase up the chargesheets submitted by the SIT’ within two weeks. The Division Bench of Chief Justice Indrajit Mahanty and Justice SG Chottopadhyaya while hearing a PIL regarding the Chit Fund cases also directed that steps be taken to attach of the assets of the accused fraudsters.
Advocate Pursuttam Roy Barman, who appeared in the case as amicus curie said, the High Court had taken strong exception to the way for the last eight years the case pending and the common depositors who lost their money were awaiting for the return of their hard earned money.
“After the much publicised Chit Fund (NBFC) frauds that were committed in Tripura the state government had formed an SIT which filed 71 chargesheets against 480 persons- most of whom were holding important positions in the companies and were residents of other states. The SIT investigating into the cases showed them ‘absconder’ and no further steps were forthcoming. They were never arrested and remained at large for the last eight years”, said Roy Barman
The High Court in its order said, “the Government should appoint special prosecution counsel to chase up the charge sheet submitted by the SIT, since, we are of the considered view that specially appointed counsel would be less burdened with work and would have more time and interest to prosecute the charge sheet submitted. Accordingly, we so direct that necessary number of counsel may be appointed in various Courts where all the charge sheets have been submitted by the SIT within a period of two weeks from today. They shall in turn submit weekly reports to the Head of the SIT which shall ensure that all necessary steps as required from the prosecution is taken up at an early date”
“. In particular”, the Division Bench said, “ we direct that the steps for attachment of the properties of the accused need to be taken up at the earliest and we call upon the Special Judges of the Special Courts also to take up these issues with the due urgency that the matter deserves. Further report on the status of the prosecution may be filed prior to the next date”.
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Then the High Court added : (Since), several of the accused persons as well as the assets of the accused Companies and of Directors are located outside the State of Tripura we called upon the Union of India to issue necessary instructions to the learned ASGs where requests are sent from the State of Tripura pertaining to any action that needs to be taken vis-a-vis the attachment of the properties of the accused. The learned ASGs of the various states may be requested to extend the kind assistance in enforcement of law. In the present case, the IG heading the SIT may make such requests to the concerned ASGs of the State through the office of the ASG, Tripura who is requested to extend his kind assistance in this regard”.
“It is further brought to our notice in the present affidavit that 3(three) of the FIRs have been transferred to the CBI. Insofar as the said 3(three) cases are concerned, the learned ASG is directed to file an affidavit within four weeks containing the present status report of the said cases”.
The State government was also directed to put out advertisement in all local newspapers as well as through the medium of social media as well as television so that people may be made aware so that they could lodge their claim statements along with necessary documents before the authority created by the State.
The case was listed for January 4 next year.
