BENGALURU: The Karnataka High Court on Friday refused to stay criminal proceedings against Chamarajpet Congress MLA Zameer Ahmed Khan under the provisions of the Prevention of Corruption Act by the Lokayukta police. Dismissing an interlocutory application filed by Khan who challenged the case registered by the Lokayukta police, Justice K Natarajan said: “The court cannot go into the merits of the case at this stage, and therefore, I am of the view, that further investigation cannot be stayed at this stage”.
The special public prosecutor BB Patil, representing the Lokayukta police, objected to the application and contended that the Lokayukta received the letter from the Enforcement Directorate as they have already registered an FIR under the Prevention of Money Laundering Act. While investigating, they found that Khan’s assets are 2,031 per cent disproportionate to his known sources of income.
The records were sent to the Lokayukta, and were verified by the SP. After he was satisfied with the documents, he filed an FIR against Khan in 2022.
Therefore, the matter requires investigation, he argued. Khan’s counsel claimed that the police should collect the source report, and then place it before a senior officer. After the officer is satisfied that the accused’s assets are disproportionate to the known source of income, only then, an FIR should be filed. But in this case, he argued, the Lokayukta police have not made any preliminary inquiry before filing an FIR, and hence the criminal proceedings are not sustainable, he argued.
Loan given without papers
Lokayukta SPP stated that the income tax returns filed by Khan showed an annual income of Rs 20 lakh to 25 lakh against his net income of Rs 2.80 crore from 2010 to 2020. He has deposited Rs 8.48 crore in cash in bank accounts during the same period and Rs 1.84 crore in cash was deposited in a bank account during demonetisation.
Khan had claimed he has invested Rs 22 crore for his house and the site, whereas the actual cost is Rs 55.35 crore. It was also stated that the documents collected by the Income Tax Department and ED show that Khan, using his position, has secured a loan of Rs 31.03 crore without supporting documents. No repayment was made, and no legal action for nonpayment was taken. The cash was deposited in various accounts and later transferred to Khan’s account.