NRI property fraud cases can’t be treated lightly: Punjab and Haryana High Court
Taking cognisance of the growing menace of fraudulent usurpation of NRI-owned properties, the Punjab and Haryana High Court has asserted that such offences have far-reaching ramifications extending well beyond individual transactions and cannot be equated with conventional criminal cases.
Justice Harpreet Singh Brar asserted: “This case is yet another example of a disturbing trend that is steadily gaining ground, wherein unscrupulous individuals take advantage of NRIs, particularly those who are unable to visit India frequently or manage their properties here.”
The assertion came as Justice Brar refused to grant anticipatory bail to an accused, a nambardar, linked to the alleged illegal sale of valuable land in Ludhiana.
The court observed that vulnerable property owners were “defrauded through forged documents. The misuse of Powers of Attorney often resulting in sale of their properties at grossly undervalued rates.”
Describing the magnitude of such deceit as “symptomatic of systemic abuse”, Justice Brar asserted “absence is weaponised and legal safeguards are routinely undermined”.
Justice Brar made it clear that these were not mere individual disputes but breaches of trust that struck at the institutional core of the legal and economic fabric.
“These offences are rooted in a breach of trust and stand on a different pedestal than conventional criminal offences in terms of criminal jurisprudence as they not only impact the personal and financial security of the victims but also have cascading effects on public trust in the real estate ecosystem, and ultimately, the economic stability of the state,” Justice Brar stated.
Terming the gravity of such acts as extending “far beyond individual transactions”, Justice Brar warned that “they corrode institutional credibility and social conscience”.
The bench held that the court “cannot afford to treat such cases lightly while considering the grant of bail”.
Justice Brar’s observations came in a matter where property owned by an NRI in Ludhiana West — measuring 14 kanals and worth several crores — was allegedly sold through impersonation for just Rs 30.20 lakh. It was brought to the court’s attention that cheques amounting to Rs 30 lakh were never even presented for encashment.
“It is strange that Sub-Registrar at the time of execution of sale deed allowed the presentation of cheques instead of demand drafts,” the bench asserted.
Justice Brar added the facts and circumstances of the case clearly indicated that the petitioners and other co-accused were part of a larger conspiracy.
The bench added that custodial interrogation was necessary to unravel the involvement of other accused, including revenue officials.
Justice Brar also directed the Deputy Commissioner, Ludhiana, to take necessary disciplinary action against the petitioner nambardar, and to file a compliance report in this regard.
The matter pertains to FIR registered on February 27 under multiple provisions of the BNS and Registration Act at Economic Offences Wing, Vigilance Bureau, Ludhiana.
Punjab