The Bombay high court on Tuesday rapped the Anti-Corruption Bureau and the Economic Offences Wing for failing to conduct a “fair and proper” investigation into money laundering and land grabbing allegation against state minister and NCP leader Sunil Tatkare.
A division bench of Justices DY Chandrachud and MS Sonak said: “There has been no investigation at all. This is a complete failure on the part of EOW and ACB. The position of the person (Tatkare) in public domain is deflecting the fairness in the inquiry.”
The judges came down heavily on the investigating agencies after going through probe reports submitted by them following a court order in a public interest litigation filed by BJP leader Kirit Somaiya.
“Every page of the report lacks proper application of mind. Prima facie, the investigating agencies have virtually abdicated their duty to investigate fairly on the ground that the investigations will have to be done by the Income Tax department, the Enforcement Directorate and the Registrar of Companies,” the court said.
“This in our view would be no justification for the agencies to walk away from its obligation to conduct a fair probe,” the court said, directing the agencies to complete their investigation within three months and submit a final report by January 7, 2014.
The court added that if it was not satisfied with the investigation after three months, it would transfer the probe to the CBI.
The bench observed that the ACB in its report had said since the allegations involve companies, the Registrar of Companies will have to conduct an inquiry. “The ACB report has not tried to find out the financial standing of Tatkare and his family members,” HC said.
Senior counsel Aspi Chinoy appearing for Tatkare sought dismissal of the PIL on the ground that Somaiya could file a private complaint in a magistrate court.
THE CASE
Kirit Somaiya, a BJP leader and former MP, in the PIL sought probe by the CBI into the alleged money laundering and land grabbing by companies floated by NCP leader Sunil Tatkare (in pic) and his relatives.
Somaiya has listed 51 companies formed by Tatkare which have his family members and friends as directors, and alleged they bought benami lands in state and indulged in money-laundering.
Tatkare has termed the petition as false, malicious and politically motivated in his reply affidavit.
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