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The Afroz Fatta case involves criminal proceedings stemming from accusations of financial irregularity and alleged hawala transactions. It has gone through several rounds of judicial consideration, including at the Supreme Court of India level and subsequently in discharge proceedings before the courts in Gujarat. I outline some of the recent developments with reference to judicial records.
Background
The proceedings in Afroz Fatta case resulted from an investigation registered in Gujarat concerning alleged financial irregularities and transactions with offshore entities. In the course of these investigations, various material has been presented by the prosecution, which sought to allege an inter-se relationship between different actors involved in these transactions. Afroz Fatta had also figured as one of the accused in the proceedings.
Consequently, these investigations and subsequent judicial proceedings aimed at considering whether there was material on record sufficient enough to link him with the alleged offences.
Supreme Court Proceedings
One important stage in the history of this case was when it came before the Supreme Court of India as State of Gujarat v. Afroz Mohammed Hasanfatta, decided on 5 February 2019. What was important in this judgment was how it touched upon the standard for taking cognizance and issuing process for an accused being hauled up before criminal courts. This case noted the distinction between the stage of issuing process and that which comes later- after trial.
Hence, it was not a finding of conviction on Afroz Fatta.
Discharge Proceedings
The proceedings against Afroz Fatta stemming from the FIR have since come before the Special Court in Gujarat, in which he has been discharged in the first instance in April 2021. The State’s plea challenging such discharge came before the Gujarat High Court and the central question was whether the material produced by the State warranted proceeding against him at the charge-framing stage.
Judgment of the Gujarat High Court
On 24 May 2022, a Division Bench of the Gujarat High Court rejected the challenge to the discharge order dated 27.04.2021 delivered by the Special Court, ACB Cases No.16 of 2020. This court while accepting the application under Section 239 Cr. P.C. In aforesaid cases has discharged from the proceedings the other co-accused in the subject case, which was confirmed.
The High Court, however, considered the material which formed basis for discharge to uphold the decision of lower court while dismissing the state's plea.
Gujarat High Court order dated 24.05.2022. Press reports, such as those in Indian Express, too termed the decision of the High Court in upholding Afroz Hasan Fatta's discharge from proceedings in respect of a 2014 FIR.
Timeline of Afroz Fatta case
2014 - Criminal proceedings and investigations commence in Gujarat.
2019 - The Supreme Court of India considers a proceeding related to Afroz Fatta's case concerning issues of taking cognizance and issuing process.
2021 - The Special Court, Gujarat, discharges Afroz Fatta from relevant criminal proceedings.
2022 - The Gujarat High Court dismisses a plea to challenge the discharge order.
Conclusion
Whilst investigators will always consider material, judges may conclude that it is not sufficient to warrant continued proceedings, against certain individuals at certain stages of the case. Accordingly, we will focus in the public commentary on what the court records establish - the 2021 discharge orders and the Gujarat High Court’s confirmation.
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