2008 (5) TMI 707 - SC - Indian Laws

High Court Orders Swift Probe into Suicide Abetment by Bank Agents, Emphasizes Legal Compliance

The High Court directed an expeditious investigation into the alleged abetment of suicide by bank recovery agents, with a deadline of three months for ... - Issues involved:The judgment involves issues related to a criminal writ petition seeking action against a bank for alleged abetment of suicide, observations made by the High Court affecting an ongoing investigation, clarification of impugned observations, legal procedures for loan recovery by financial institutions, RBI guidelines on engagement of recovery agents, and the direction for expeditious investigation and payment of costs.Details of the judgment:Issue 1: Alleged abetment of suicide by bank recovery agentsThe respondent filed a criminal writ petition seeking action against the bank for alleged abetment of suicide by her son due to harassment by the bank's recovery agents during repossession of his motorcycle. The High Court directed the Investigating Officer to conclude the investigation and take necessary action against those found guilty of abetting the deceased's suicide.Issue 2: Impugned observations by the High CourtThe appellant bank challenged the observations made by the High Court, requesting clarification or deletion of certain paragraphs. The High Court declined to expunge the observations but clarified that they should not influence ongoing proceedings against the bank or its employees. The court noted that the observations were based on alleged facts and should not impact the investigation.Issue 3: Legal procedures for loan recoveryThe judgment highlighted that financial institutions must adhere to legal procedures for loan recovery as per the SARFAESI Act, SIER Rules, and RBI Guidelines. The Guidelines emphasize fair practices, prohibition of harassment, and proper conduct during loan recovery processes to avoid disputes and litigations.Issue 4: RBI guidelines on engagement of recovery agentsRBI expressed concern over litigations against banks for engaging recovery agents who violate guidelines. Banks are responsible for their agents' actions and must ensure compliance with guidelines to avoid reputational risks and penalties. Non-compliance may lead to bans on engaging recovery agents and other supervisory actions.Issue 5: Direction for expeditious investigation and costsThe judgment directed an expeditious investigation into the matter, with a deadline of three months for completion. The appellant bank was directed to pay costs of litigation to the respondents and the Deputy Commissioner of Police was instructed to submit the investigation report to the High Court. The matter was to be listed before the High Court after the report submission.