Karnataka HC cites procedural flaws in quashing DA case against PWD engineer

The Karnataka high court has quashed the proceedings in a disproportionate assets (DA) case against a PWD engineer for procedural aberrations in the source report prepared by the Lokayukta police. Allowing the petition filed by K L Gangadharaiah, at present working as Assistant Director of Town Planning, Yelahanka Zone, Bengaluru, Justice M Nagaprasanna observed that the records would demonstrate that the Lokayukta was seeking to initiate proceedings in a hottest haste.

The police had registered the FIR against Gangadharaiah on April 21, 2023, and the check period in the source report was shown as from the beginning of his career in 1993 till December 31, 2015.  The preparation of the source report and obtaining authorization to register crime were on the same date. The source report indicated possession of assets to the tune of about 148.6 per cent of the known sources of income.

The court noted that the source report was drawn on April 21, 2023, and the approval of the competent authority was also issued the same day. The court also pointed out that there is no explanation as to why the check period ends on December 31, 2015, eight years prior to the registration of the crime.

“The petitioner is even now working and has drawn a salary for the month of March 2023. The clock of the check period in the source information report stops at 31-12-2015, why does it stop at 31-12-2015 is ununderstandable,” Justice Nagaprasanna said.

The court said though mere taking of the salary for eight years would not bring down the percentage of disproportionate assets to a zero, a faulty check period renders the source information report faulty. “It is ununderstandable as to why the Lokayukta is in a mortal hurry in certain cases particularly of disproportionate assets. It would be an altogether different circumstance if it was a case of trap where it has to be immediately done and discretely done. These are cases of disproportionate assets beyond the known sources of income. A properly drawn source information report would always be a guiding light throughout the prosecution or investigation in the least,” the court said.

The court further said, “The responsibility of the institution like the Lokayukta to curb the menace of corruption cannot also be ignored.”

“Therefore, it is for the Lokayukta not to let lose any loophole, of the kind that is projected in the case at hand in a case of launching of prosecution for disproportionate assets. The very object of registration of crime is whittled away, by such course of procedural aberration,” Justice Nagaprasanna said, reserving the liberty to the Lokayukta police to take appropriate action in accordance with law.