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Former Uttar Pradesh minister and Rashtriya Shoshit Samaj Party (RSSP) president Swami Prasad Maurya and his daughter Sanghmitra Maurya have been declared fugitives by the court. Lucknow’s ACJM III (MP/MLA Court) Alok Verma’s court has declared former minister Maurya and his former MP daughter Sanghmitra fugitives after they did not appear continuously in the case filed in the case of marrying fraudulently without divorce. Let us try to know when a person is declared a fugitive and what consequences can be faced if this happens.
The recent case is of a dispute between Deepak Kumar Swarnkar, who lives in Golf City, Lucknow, and former BJP MP Sanghmitra Maurya. The court of ACJM III (MP/MLA) Alok Verma had summoned Maurya and his daughter and three other accused thrice. Apart from this, bailable warrants were also issued against them twice and non-bailable warrants once. Despite this, when the accused did not appear in the court, the court declared them fugitives.
What is a fugitive called in the language of law?
Although in common parlance the word fugitive is used for such people, but in the language of law it is called declaration of absconding person. The property of the accused declared fugitive can also be confiscated. According to Supreme Court advocate Ashwini Dubey, when a person does not appear despite the court’s order, does not appear in court even after the court’s summons, does not cooperate in the investigation in the eyes of the court in any such case in which he is an accused, in such a situation the court declares someone a fugitive.
Earlier action was taken as per Section 82 and 83 of CrPC. Under Section 82 of CrPC, the accused was first declared a fugitive. Then under Section 83 his property was confiscated.
Attachment can be stopped on appearance
If the accused appears himself after being declared a fugitive, then the court can also dismiss the action of attachment etc. against him. If the accused does not appear himself and sends his lawyer, then his lawyer has to tell within a week when the accused will appear in the court. If this does not happen, then attachment proceedings can be initiated against the accused.
When declared a fugitive, the accused has the right to appeal against the lower court’s decision in the High Court. Usually, in this situation, an appeal is made in the High Court within 30 days of the lower court’s order. If the accused delays filing the appeal, he also has to give the reason for it.
Trial can go on even in the absence of the accused
Advocate Ashwini Dubey says that now the Indian Civil Security Code (BNSS) has been implemented. It also talks about trial in absentia. That is, a trial can go on against an accused in court even in his absence.
Advocate Dubey says that earlier there was no such provision in the CrPC that the trial could go on in the absence of the accused. Then after declaring someone a fugitive, his property was confiscated and his photo etc. was publicized through different media. No further action was taken. Now in BNS, an accused will first be declared a fugitive. Then his property will be confiscated and a trial can also be conducted in the court.
