The director-general of police has already refused to grant sanction to prosecute Nayak. The DGP’s permission is required to prosecute him under the Prevention of Corruption Act.
In a relief to suspended encounter specialist Daya Nayak, the Anti-corruption Bureau (ACB) on Tuesday filed a report before the special ACB court, stating there is no evidence to file a charge sheet against him.
The director-general of police (DGP) has already refused to grant sanction to prosecute Nayak. The DGP’s permission is required to prosecute him under the Prevention of Corruption Act.
The ACB filed an application seeking C-summary of the case stating that the case cannot proceed against Nayak. Incidentally, C-summary indicates that the case is “neither true nor false”.
“Last year, his sanction for prosecution was refused by the DGP office, stating that there is not enough material to prosecute him. Based on this, the ACB on Friday filed a C-summary report, stating that the case is closed,” said Sanjay Parande, additional deputy commissioner of police, ACB.
The ACB had registered a case against Nayak in January 2006 for amassing wealth disproportionate to his known sources of income. According to the agency, Nayak had acquired benami properties to the tune of Rs60 lakh in his own and his wife’s name.
Nayak, who is credited with over 80 encounters, was arrested in February 2006 and was released on bail after two months. He was later suspended from service. In November 2007, ACB sought sanction from the director general of police (DGP) to prosecute Nayak in the case.
The DGP refused to grant sanction after observing that there is no evidence against the encounter specialist.
Before the sanction was rejected, the state had moved the small-causes court to attach the property worth Rs62.7 lakh belonging to Nayak, his wife, Komal, and brother-in-law. The state is yet to withdraw the case before the court.
Nayak had also faced charges under the stringent provisions of the Maharashtra Control of Organised Crime Act (MCOCA) after a former journalist filed a petition alleging that underworld gangster Chhota Shakeel had given Nayak money to transfer police officers. However, the Supreme Court has granted him reprieve after observing that prior sanction was not obtained from the government to prosecute him.
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