3 min readOct 27, 2011 03:38 AM IST
First published on: Oct 27, 2011 at 03:38 AM IST
In A classic example of ‘lack of coordination’,an accused was arrested twice in the same case by two different departments probing the same complaint. Omprakash Bajaj,who was arrested in 2007 by the Economic Offences Wing (EOW) of the CBI and freed on bail,was arrested earlier this month for the same offence by the state EOW.
Claiming “double jeopardy”,the accused has moved the Sessions Court,seeking bail and also wants to be let off in the case on the same grounds.
With both cases registered on identical allegations and charges,Bajaj in his bail application claimed the CBI began its investigation in 2007 and he was sent behind bars then. “I have already been arrested and released in the same case by the CBI. Again,the state police began investigations in the case and arrested me. There is no coordination between the two departments,” he stated in his application. Bajaj has been booked under several sections of the Indian Penal Code for forgery and cheating.
There is a universally accepted principle that bars a person from being tried more than once for the same offence. In the past,many accused have benefited by such a blunder,either leading to them being discharged from the case or even acquitted.
According to the EOW,Bajaj had opened an account with Dena Bank under the name of Annapurna Cooperation Housing Society and encashed stolen and forged dividend warrants. Subsequently,the amount was transferred into an account of M/s Calcutta Fruit Traders. The case,which was first lodged with the CBI,was eventually registered with the Shivaji Park police station,which was later transferred to the state EOW.
“Although two different departments are investigating the same case,evidence gathered is different,” said additional public prosecutor J V Kenjalkar. A similar case is also registered with the Cuffe Parade police,although his custody has still not been taken in that case,Bajaj claimed in his application.
Protection against double jeopardy is a fundamental right guaranteed under Article 20 of the Constitution of India. Accordingly,no person can be prosecuted and punished for the same offence more than once.
Claiming that he has no role in the case and has been wrongly implicated,Bajaj pleaded that he should be let off as it amounts to “double jeopardy”. “Let the accused claim anything,let the court decide if or not the case leads to double jeopardy,” Kenjalkar added.
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