Supreme Court Acknowledges Longstanding Marginalization of Victims, Declaring They’ve Been ‘Pushed into a Corner’

The Supreme Court of India emphasized the imperative of a victim-centric approach in the criminal justice system while rejecting a plea to consolidate multiple FIRs related to a chit fund scam. Chief Justice Surya Kant, leading a three-judge Bench, highlighted the ongoing neglect of victims’ rights, stating that the system has overly focused on the accused, often sidelining those who have suffered financial ruin. The case revolved around Upendra Nath Mishra, an accused in a large-scale scam involving Micro Finance Limited, probing the complexities of jurisdiction in criminal conspiracies.

During the proceedings, senior advocate Aman Lekhi argued for the consolidation of FIRs on the grounds of efficiency in prosecution, but the Bench rebutted, asserting that each act of wrongdoing necessitates individual consideration and jurisdiction. Justices Joymalya Bagchi and Vipul M. Pancholi reiterated that the criminal acts create separate territorial jurisdictions for trial. The Court underscored that allowing such consolidations would place an undue burden on the victims, many of whom are financially vulnerable and would need to travel significant distances to participate in legal proceedings.

The Chief Justice pointed out that the plea for consolidation would exacerbate the already challenging situation faced by the victims, many of whom are low-income individuals who invested their life savings. He reiterated that these victims should not be forced to navigate a system designed for the accused’s convenience, asserting the need for systemic reform to prioritize victim rights within the framework of criminal law. Following the Court’s refusal to entertain the plea, the accused’s counsel withdrew the application, reflecting the growing recognition of the need for change within the justice system.