'Be fair to homebuyers': Top court slams CBI for builder-bank nexus probe
New Delhi, March 11 -- The Supreme Court on Wednesday asked the Central Bureau of Investigation (CBI) to be fair to homebuyers in its ongoing investigation into the alleged builder-bank nexus, and pulled up the agency for its reluctance to take up fresh cases involving new builders and for filing charge sheets without custodially interrogating bank officials.
"Going by the way in which the investigation is proceeding, we will have to constitute a monitoring committee headed by a former judge to oversee these investigations. We will not allow the CBI to disappoint millions of homebuyers, as they are now doing," a bench headed by Chief Justice of India Surya Kant said while hearing petitions by homebuyers affected by the subvention scheme.
Under the subvention scheme - a tripartite agreement between the builder, homebuyer and banks - lenders release loans to builders, who undertake to pay the EMIs until a specified cut-off date or until possession of the flat is handed over.
The CBI is probing 28 such cases and was directed in February to examine 44 additional petitions filed by homebuyers who said builders failed to deliver possession while banks pursued them for EMI defaults.
The CBI, represented by additional solicitor general Aishwarya Bhati, said of the 44 fresh petitions, it was willing to probe 20, while suggesting that 22 cases be referred to the economic offences wings (EOWs) of the states where the projects are located. "CBI seemingly wants to wriggle out of its responsibility given by the court by suggesting that the cases be handed over to the concerned EOWs. We disapprove of such a stand," said the bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi.
The court directed the agency to take up the 22 cases as well. "If state police was so fair, they would have carried out an investigation so far. We want you to be fair to the homebuyers," the bench said.
It also directed the agency to specify a timeline for completing the pending probes.
Bhati informed the court that the 22 cases involve new builders with projects spread across several states. The bench responded, "Assuming what you say is correct, should we discriminate between homebuyers then? Matters that we have entrusted you are also across states."
Advocate Rajiv Jain, assisting the court as amicus curiae, pointed out that although the builders in the 22 cases may be different, the lending banks and financial institutions in most cases are common with those already under investigation.The court directed the CBI to register regular cases in all 42 matters within a week and allowed it to seek assistance from the directors general of police of the concerned states for officers from the EOW....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.