BENGALURU: The special court for Lokayukta cases pointed out that investigation officers, giving a go-by to accused top officials while filing chargesheets in most cases, depend on the status, position, power and influence of the culprits without assigning any reasons.
This despite incriminating materials against them, said the court and directed the Lokayukta DGP to take up further investigation into the multi-crore Transferable Development Rights (TDR) scam in Bruhat Bengaluru Mahanagara Palike (BBMP) and submit the report within two months.
Judge KM Radhakrishna passed the order, while rejecting the application filed by four accused to discharge them from the case taken up suo motu in 2019 with respect to TDR in Kowdenahalli village in Bengaluru East taluk. The chargesheet was filed by then SP Uma Prashanth of the Anti-Corruption Bureau. The court, however, discharged Geetha HR, Assistant Engineer, BBMP, from the case.
“The note sheet found on pages 1277 to 1307 of Book-C in the chargesheet, prima facie unfurls the involvement of not only accused No 1 to 8, 10 but also officials of the TDR section of Mahadevapura. Particularly, the Superintending Engineer (Road Infrastructure), Deputy Commissioner, Joint Commissioner, Additional Commissioner including Special Commissioner (Planning) and Commissioner of BBMP by involving the village accountant, surveyor, assistant revenue officer of Horamavu and others, in committing the alleged offences.
The most unfortunate action on the part of the investigation officer is giving go-by to all these officials and laying the chargesheet with incomplete investigation against accused No 1 to 8, 10 and 11. No reasons are assigned by her to ignore those against whom incriminating materials are forthcoming,” the court said.
Stating that it is for the investigating officer to introspect and explain the reasons, the court observed that this is what investigation officers are doing in most cases, depending on the status, position, power and influence of real culprits. Such an approach needs to be curtailed to ensure faith and transparency in the system. The investigation in this case is obviously incomplete and warrants further investigation to ensure effective justice in the true sense, it added.
Uma Prashanth in the chargesheet against 11 accused, alleged that in 2009, the BBMP had notified 652 square metres of portions of houses and buildings on Survey No. 7 at Kowdenahalli and acquired them to widen TC Palya and Varanasi roads.
Accused from Numbers 1 to 11 conspired with a common intention to get wrongful gain, manipulated, created and forged documents in the name of the 1st accused, in collusion with TDR agents, in violation of government orders, notifications and rules, the chargesheet read.
They projected the excess land and fixed inflated rates for 2012-13 rather than the applicable rates of 2013-14 to the extent of crores of rupees. They caused a monetary loss to the true owners of the notified area as well as BBMP by suppressing the truth, it stated.