The former cabinet minister of Uttar Pradesh, Swami Prasad Maurya, and his daughter Sanghmitra Maurya, have been declared 'absconders'. An MP-MLA court has pronounced the father-daughter duo as fugitives in a criminal case after they repeatedly failed to respond to the summons and present themselves in court.
This whole affair relates to Sanghmitra Maurya's alleged matrimonial fraud by remarrying without a legal divorce.
Deepak Swarnkar claims to be Sanghmitra's first husband, a claim she denies. He has filed a case against Swami Prasad Maurya, Sanghmitra, and others, alleging assault, abusive language, threats to life, and conspiracy.
The case was filed in Lucknow's MP-MLA court. It is reported that the court had issued three summons, two bailable warrants, and one non-bailable warrant, yet despite this, Swami Prasad Maurya and Sanghmitra did not appear before the court. Therefore, the court has declared them absconders.
Source: aajtak
Now, let's explore what it means to be declared an offender or fugitive by the courts, and what implications this holds?
When is someone declared a fugitive?
If a court has issued a non-bailable warrant against an accused and despite repeated notices and summons, the accused does not surrender, they are declared a 'fugitive' or an 'absconder'.
The announcement is issued by the court and legally, it's referred to as a 'proclamation for an absconding person' rather than a fugitive.
When a person is declared a fugitive, the police post this notice at the person's residence. Additionally, if the court orders, it can also be published in the local newspaper.
The provisions for issuing a proclamation for an absconding person are included in Section 84 of the new Indian Civil Security Code.
In what cases is a person declared a fugitive?
Not all cases lead to someone being declared a fugitive. It only happens in cases where a non-bailable warrant has been issued against the accused and they are failing to respond to repeated notices of surrender. The court may proclaim the accused a fugitive, irrespective of whether there is evidence against them or not.
Under Section 84 of the Indian Civil Security Code, accused individuals of serious crimes may be declared fugitives.
The section also stipulates that if an accused has committed an offence that carries a jail term of more than ten years, life imprisonment, or the death sentence, then they are declared a fugitive.
What happens after being declared a fugitive?
Under Section 85 of the Indian Civil Security Code, the court can order the attachment or seizure of the movable and immovable properties of the accused if declared a fugitive.
If the accused surrenders within 30 days, the court may cancel the seizure order of their property. If the accused does not surrender, after six months, their property is transferred to the state government. In addition, if the accused surrenders within two years or is arrested and proves that they did not intentionally abscond, their property may be returned. If the property has been sold, the proceeds will be given to them.
What options does a declared fugitive have?
An accused must surrender within 30 days of being declared a fugitive. Additionally, the accused may appeal against the decision to a higher court but must do so within 30 days.
