SC stays criminal proceedings against retired Chief Engineer in disproportionate assets case

The Supreme Court has stayed the criminal proceedings initiated against a retired chief engineer of the Hemavathi project in a disproportionate assets case.

The top court asked Karnataka's Lokayukta to respond to a petition filed by him against the summons issued against him in the case.

He claimed the process has been issued by the trial court in a mechanical manner without applying its mind as he had been previously discharged due to lack of sanction. He is alleged to have amassed wealth to the tune of Rs 2.27 cr and had an expenditure of Rs 1.71 cr during a check period, taking his disproportionate income to the time of 97.08 per cent of the income generated by him.

A bench of Justices R Subhash Reddy and Hrishikesh Roy issued notice to the Lokayukta on the petition filed by S C Jayachandra against the Karnataka High Court's order of May 18, 2020 declining him the relief.

The top court also stayed the proceedings before the special judge Bengaluru initiated on the order passed on January 1, 2019, after hearing senior advocate Devadatt Kamat and advocates Nishanth Patil and Rajesh Inamdar on behalf of the petitioner.

In his plea, the petitioner claimed there was no independent application of mind by the authority in granting sanction for his prosecution as the order claimed it was being issued at the behest of the investigating officer.

He also contended that the High Court failed to consider that his family had many sources of income apart from his job while incomes of his wife were not noticed at all, besides the property returns filed by him with the government.

The petitioner also submitted since the previous charge sheet against him was quashed, a fresh sanction could not have been issued against him without additional materials.

The trial court has taken cognisance of the matter on April 25, 2019, and also dismissed his discharge application on October 5, 2019. The Lokayukta police had registered an FIR under the Prevention of Corruption Act in 2008. After more than 10 years, the police filed a charge sheet against him in 2018. However, due to lack of proper sanction, he was discharged on January 1, 2019.

Subsequently, the prosecution obtained fresh sanction on March 20, 2019 on the basis of which, the trial court issued summons against him.

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