IMA scam: Karnataka HC asks govt to reconsider attaching Roshan Baig's assets

The bench noted that the government has completely ignored the powers vesting in it under the KPID Act

The High Court on Saturday directed the state government to reconsider the stand and take necessary decisions on attaching properties connected to former minister R Roshan Baig in connection with the I Monetary Advisory (IMA) scam.

A division bench, headed by Chief Justice Abhay Shreeniwas Oka, also directed the government to consider paying the competent authority Rs 12.82 crore, spent by the IMA Group, to reconstruct a government school in Shivajinagar.

The bench noted that the government has completely ignored the powers vesting in it under the Karnataka Protection Interest of Depositors in Financial Establishments (KPID) Act 2004 on the question of attaching the properties of Baig. It said the government has only considered one aspect as to whether Baig had taken any financial benefits from the IMA group.

"If we accept the submission of the state that question of attachment of properties will be considered only after the submission of the final report of CBI, in every such case such a stand can be taken by the state government. It will defeat the very object of enactment in particular section 3 (2) of KPID Act," the bench said.

The court was informed that IMA had spent Rs 10.82 crore on construction and maintenance at V K Obaidullah Government School in Shivajinagar. The IMA group had entered into a Memorandum of Understanding (MoU) with the Block Education Officer. The competent authority, appointed under the KPID Act, had written to the Principal Secretary, Revenue Department, seeking payment of Rs 12.82 crore so that the money can be returned to the depositors. The bench asked the government to consider both attaching the school building and to pay Rs 12.82 crore to the competent authority.

“We are sure that the state government will seriously consider this issue, as prima facie, we are of the opinion that investors’ money deposited with IMA group cannot be converted to the construction of a school building of the state government,” the court said.

CBI to move SC

The Central Bureau of Investigation (CBI), meanwhile, submitted that it is going to challenge the recent High Court order quashing the supplementary charge sheets filed against IPS officer Hemanth Nimbalkar.