Acquittal in DA case to be challenged

The Lokayukta has directed the Lokayukta police to challenge the order of a special court to discharge a government servant in a disproportionate assets case. The principal district and sessions court judge in Chitradurga had discharged Sevya Naika, then executive engineer of Upper Bhadra Project.

The Lokayukta police had filed the charge sheet. Investigation showed Naika had assets 154.67% in excess to known sources of income.

However, at the stage of framing charges, the government servant filed an application for discharge. The court discharged Naika stating that some of his income was not properly considered by the investigating officer and that excess amount of expenditure was taken into account.

"After consideration of the discharge order passed by the special court, the legal cell of the Lokayukta said the court should not have assessed the merits of the allegations at the time of framing charges. It said, at the time of framing of the charges, the court had to see whether there are sufficient materials to frame charges, irrespective whether the case ends in conviction or acquittal. The legal cell recommended criminal petition or criminal revision petition before the High Court,’’ an official said.

Lokayukta Justice P Vishwanatha Shetty directed the police wing to challenge the order of discharge before the High Court.