In a sharp message to those playing hide-and-seek with the justice system, the Supreme Court has made it unequivocally clear—those who dodge court summons, obstruct warrants, or vanish from the radar when trial calls cannot expect the shield of anticipatory bail.
The ruling came while dealing with a case involving Aditya Sarda and others, accused in a sprawling financial fraud linked to the Adarsh Group. After initial summons went unanswered and non-bailable warrants piled up, the accused continued to evade proceedings. They even went underground, only to later reappear with a High Court order in their favor—a decision now overturned.
“The law helps those who respect it—not those who resist it,” declared the bench, putting a firm stop to the trend of accused individuals disappearing at the first sign of legal heat, only to re-emerge wrapped in protective legal orders.
According to the Court, once a chargesheet is filed or summons are issued, the accused is duty-bound to appear. Failing that, especially when serious economic or criminal allegations are in play, they forfeit the privilege of seeking pre-arrest bail. The apex court warned that allowing such individuals to bypass arrest while flouting the law would corrode the foundation of justice itself.
The judgment highlighted the failures of the High Court in ignoring serious red flags: repeated attempts to secure the accused’s presence, including bailable and non-bailable warrants and proclamation proceedings, were brushed aside. Not a single High Court order had engaged with those glaring facts.
The Special Leave Petitions before the top court were filed by the Serious Fraud Investigation Office (SFIO) after the Punjab and Haryana High Court granted bail to the accused, even though their anticipatory bail had been earlier denied by a Special Court.
Delving into the case, the Supreme Court noted that the Adarsh Credit Cooperative Society Limited had illegally funneled ₹1,700 crore in loans to 70 entities under the Adarsh Group, violating basic cooperative banking norms. These loans were distributed using forged financials, and in clear violation of rules barring companies from being members of such societies.
The top court directed the accused to surrender within a week, asserting that anticipatory bail is an extraordinary relief—not a hiding spot for fugitives of the law. “To delay the process, to conceal oneself, to frustrate the court’s authority—these are not acts the law will protect,” the court said, laying down a hard line against such courtroom cat-and-mouse games.
Justice, in this ruling, knocked loudly—and this time, the door is not opening for those who weren’t home when it first came calling.
