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The Calcutta High Court has cancelled the bail granted to a builder in a cheating and criminal breach of trust case related to a redevelopment dispute in north Kolkata. The court found that the magistrate court's bail order issued in 2018 had serious procedural defects, including lack of proper authentication and failure to consider the complainant's objections. The case involves an elderly tenant who alleged that the developer stopped paying displacement rent and failed to provide the promised flat after redevelopment. The High Court also ordered police protection for the complainant and recommended improved judicial training on recording court orders.
The Calcutta High Court has set aside the bail granted to builder Suvendu Saha in a case involving allegations of cheating and criminal breach of trust connected to a redevelopment project in north Kolkata. Justice Uday Kumar cancelled the bail granted by a magistrate court in 2018 and also quashed subsequent orders that allowed the relief to continue. Advertisement
During the hearing, the High Court examined the original bail order and found several procedural irregularities. The court observed that the order lacked proper authentication and appeared to be either unsigned or only partially initialled. It also noted that the order did not clearly record the reasons for granting bail and failed to address the objections raised by the complainant.
The court stated that personal liberty is an important principle in criminal law but cannot be protected through an order that ignores established legal procedures. According to the court, an order passed without proper reasoning, authentication or consideration of the victim's concerns cannot be allowed to remain in force.
The dispute stems from a redevelopment arrangement in north Kolkata involving an elderly widow who was a tenant in a residential property. In 2014, she entered into a tripartite redevelopment agreement with the property owner and the developer's construction company. As per the agreement, the developer was required to demolish the existing structure and construct a new building.
Under the terms of the arrangement, the developer was supposed to provide temporary accommodation and pay monthly displacement rent during the construction period. The agreement also stated that the complainant would receive a self-contained residential flat in the newly constructed building after the project was completed within about 24 months.
However, according to the complaint, the developer allegedly stopped paying the displacement allowance after taking possession of the property and did not deliver the promised flat within the agreed timeline. The complainant then approached the Cossipore police station in Kolkata and filed a criminal complaint accusing the builder of cheating and breach of trust.
Following the complaint and subsequent directions from the High Court, the builder was arrested during the investigation. Soon after the arrest in 2018, a magistrate court granted him bail. The complainant later challenged that bail order before the High Court, arguing that the lower court had granted relief without properly examining the seriousness of the allegations and the risks involved.
While reviewing the matter, the High Court noted that the magistrate had exercised discretion without following proper legal standards. The court observed that the bail order neither recorded detailed reasoning nor addressed concerns raised by the complainant regarding possible intimidation of witnesses.
The High Court further pointed out that judicial orders must clearly reflect the reasoning behind them and must follow proper procedural requirements, including authentication and compliance with criminal court rules. Any lapse in these aspects, the court said, weakens the credibility of the judicial process and may result in miscarriage of justice.
Apart from cancelling the bail, the High Court also issued directions to protect the complainant. It asked the Kolkata Police Commissioner to ensure continuous and adequate police protection for the elderly woman and her family, considering the concerns expressed during the proceedings.
The court also took a broader view of the issue and recommended institutional measures to prevent such lapses in the future. It directed the Director of the West Bengal State Judicial Academy to include a specific training module on proper recording and authentication of judicial orders. The module is to be included in both induction training for new judicial officers and refresher courses for serving judges.
Source PTI
FAQ
1. What decision did the Calcutta High Court take in the redevelopment dispute case?
The Calcutta High Court cancelled the bail granted to builder Suvendu Saha in a case involving allegations of cheating and criminal breach of trust. The court set aside the bail order originally granted by a magistrate court in 2018 after finding serious procedural defects in how the order was issued.
2. Why did the High Court cancel the builder's bail?
The court found several irregularities in the lower court's bail order. It observed that the order lacked proper authentication, appeared unsigned or only partially initialled, and did not clearly record the reasoning for granting bail. The order also failed to address objections raised by the complainant, which the High Court considered a significant procedural lapse.
3. What is the background of the dispute?
The case arises from a redevelopment agreement involving an elderly tenant in north Kolkata. In 2014, the tenant entered into a tripartite agreement with the property owner and the developer for reconstruction of the building. The developer was required to demolish the existing structure, construct a new building and provide the tenant with a self-contained flat in the redeveloped property.
4. What allegations were made by the complainant?
The complainant alleged that after taking possession of the property, the developer stopped paying the promised displacement rent and did not provide the flat within the agreed timeline of about 24 months. Based on these allegations, a criminal complaint for cheating and breach of trust was filed at Cossipore Police Station.
5. What did the High Court say about the importance of proper judicial orders?
The High Court stated that while personal liberty is an important principle in criminal law, bail orders must follow proper legal procedures. Judicial orders must include clear reasoning, proper authentication and consideration of the victim's objections. The court noted that failure to follow these requirements can weaken the credibility of the judicial process.
6. Did the court issue any directions regarding the complainant's safety?
Yes, the High Court directed the Kolkata Police to provide continuous and adequate police protection to the elderly complainant and her family. The order was issued considering concerns raised during the hearing regarding possible intimidation or safety risks.
7. What institutional measures did the court recommend?
The court recommended improvements in judicial training to prevent similar procedural lapses in the future. It directed the West Bengal State Judicial Academy to include a specific training module on proper recording and authentication of judicial orders. This module will be part of both induction programmes for new judicial officers and refresher courses for serving judges.
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