Face trial like others: Supreme Court to accused

The Supreme Court has made sharp observations on what it described as a growing tendency among wealthy accused to question laws only after being booked under them, instead of facing trial like ordinary citizens.

The remarks came while a Bench led by Supreme Court of India was hearing a petition filed by Delhi-based lawyer Gautam Khaitan, who is accused in a money laundering case linked to the AgustaWestland VVIP helicopter deal.

During the hearing, Chief Justice Surya Kant remarked that individuals with financial means often approach courts to question the law itself once prosecution begins. He said such accused should face trial in the same manner as any other citizen, instead of attempting to stall proceedings by raising broader legal challenges.

Khaitan’s counsel argued that parts of the law under which he has been charged are unfair and should be reconsidered. The court, however, was not persuaded to take up the issue at this stage. Justice Joymalya Bagchi, who was also part of the Bench, agreed that the case was not the right forum to decide such questions.

The Bench noted that similar issues are already pending before the Supreme Court in other cases. Given this, it declined to hear Khaitan’s petition, saying the larger questions can be examined separately when the court takes up those matters.

The judges also pointed out that this was not the first time such an attempt had been made. In the past, the court had taken a similar view when another prominent political leader challenged the powers of enforcement agencies while facing investigation.

At present, the Supreme Court is already reviewing its earlier rulings on various aspects of the money laundering law. Until that review is concluded, the court indicated that individual accused persons cannot use such arguments to delay or derail their cases.

The observation is likely to have wider implications, especially for high-profile economic offence cases, as it sends a clear message that financial status should not determine how one responds to criminal charges.