BENGALURU: In a setback to the Lokayukta, the Karnataka High Court quashed the proceedings initiated under the Prevention of Corruption Act against Sardar Sarfraz Khan, the then secretary of the former Minister for Housing, Wakf and Minority Welfare Department, BZ Zameer Ahmed Khan, for allegedly possessing around Rs 9.42 crore (135.04%) in disproportionate assets (DA) during the check period from 1991 to 2020.
“The circular (dated May 11, 2023, issued by the Director General of Police, Karnataka Lokayukta) directs several safeguards to be followed prior to conduct of a search by registering a crime in a case of DA.
Admittedly, the case at hand violates the said circular, as one of the conditions in the circular is conduct of a preliminary enquiry... The coordinate Bench in N Satish Babu versus State of Karnataka has elaborately considered the entire spectrum of the Prevention of Corruption Act, including the necessity of a preliminary enquiry”, said Justice M Nagaprasanna while allowing the petition filed by Sarfraz Khan questioning the legality of the case registered by the Lokayukta police.
Khan retired on attaining the age of superannuation on December 31, 2025. A few days before retirement, on December 23, the Lokayukta police conducted the search on his premises and certain valuables and documents were seized.
Khan’s counsel contended that if a enquiry had been conducted, the facts would have been clear, as all the properties and the income of the petitioner have been declared to the IT Department.
However, the Lokayukta police conducted proceedings contrary to its own circular dated May 11, 2023, as to how a DA case must be investigated, in which a preliminary enquiry is a must, he argued.
The Lokayukta’s counsel submitted that the court cannot now, at this stage, examine the veracity of the source report so drawn and on the score that probe is not conducted, interfere and obliterate the crime. The apex court in certain verdicts had held that preliminary enquiry is not mandatory to be conducted, he argued.
