Lawstreet Journal

Supreme Court Reprimands Delhi HC & CMM while Granting Bail to Unitech Promoters, Calls it ‘Shocking Exercise of Judicial Power, Breach of Judicial Discipline’

Lawstreet Journal 23 Mar 2021 1:23am

Image courtesy: Lawstreet Journal Judiciary Supreme Court Reprimands Delhi HC & CMM while Granting Bail to Unitech Promoters, Calls it ‘Shocking Exercise of Judicial Power, Breach of Judicial Discipline’

The Hon’ble Supreme Court went on to reprimand Delhi High Court and a Chief Metropolitan Magistrate (CMM) of Patiala House Courts for entertaining bail applications of Unitech Promoters, Ajay and Sanjay Chandra, when it had specifically denied them bail in August, 2020. 

The matter was heard by the Bench comprising Justices DY Chandrachud and MR Shah. It stayed the bail of the accused as granted by the CMM along with directing the accused to surrender to Tihar Jail by March 22. On January 13, 2021, a status report was filed on behalf of the Delhi Police, Economic Offences Wing, along with an Interlocutory Application to stay the orders of Dr Pankaj Sharma, Chief Metropolitan Magistrate, Patiala House Courts, New Delhi. 

The Bench observed, “ Prima facie, at this stage, we are of the view that the manner in which the accused were granted liberty by the Delhi High Court to move the Metropolitan Magistrate for the grant of bail and the order of the Metropolitan Magistrate are a shocking exercise of judicial power and a breach of judicial discipline", expressed the bench. 

Along with this, the bench also went on to chide the accused for their attempt to "overreach the process of this Court" along with trying to sought and obtain an order of bail "to defeat the control which is being exercised by this Court".

Background of the Case

On July 31, 2015, an FIR was registered at the orders of home buyers of Unitech Limited. By an order dated August 9, 2017, the… Continue Reading...


Tagged: Supreme Court of India   Delhi High Court  
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