Bengaluru: The Karnataka High Court has refused to quash proceedings against Athar Ali, deputy controller, legal metrology dept pointing out that the material presents “a textbook illustration of circumstances warranting an investigation into disproportionate assets”.The hands of investigation cannot remain tied any longer when the material on record, prima facie, calls for those very hands to investigate. Interference, therefore, is sans countenance, Justice M Nagaprasanna has noted in his order passed on August 24.Athar Ali had challenged the case registered for offences punishable under Section 13(1)(b) read with 13(2) of the Prevention of Corruption Act, 1988. A preliminary enquiry was conducted on July 10,2024 pursuant to the source report drawn by Lokayukta police on June 1, 2024. Based upon the said source information report and preliminary enquiry report, the crime got registered on July 18,2024. The next day, the police searched the residence of Athar Ali. As per the source report, his assets, expenditure and income depicted disproportionate assets to the tune of 155%.Challenging the same, Athar Ali argued that the preliminary enquiry itself is shoddy and hence the proceedings should be quashed. However, after perusing the materials on record, Justice Nagaprasanna noted that from March 31, 2018 onwards, year after year, till the date of search, the petitioner had declared possession of 1,650 grams of gold.The search, however, allegedly, yielded 4 kilograms and 109 grams of gold, valued at close to Rs 2 Cr .This was not all. The search is also said to have yielded 303 grams of diamonds valued at Rs 78.3 lakh and 4 kilograms and 631 grams of silver articles valued at Rs 3.24 lakhs,the judge added.The financial trail, according to the Lokayukta, does not stop there. The wife of the petitioner is declared to be a homemaker with no independent source of income. Yet, she is said to have purchased a property measuring 1,161 sq.ft. in HRBR Layout, valued at approximately Rs 80 lakhsWhen the search was conducted , cash of Rs 25.13 lakh , apart from foreign currency, was allegedly found in the petitioner’s possession, whereas the annual property returns declared cash of 15.6 lakhs ,the judge further noted.There is yet another strand to the allegation. The Statement of objections speaks of four apartments, alleged to be benami properties, standing in the names of persons other than the petitioner or members of his immediate family, while the rents generated from those apartments are allegedly being received by the petitioner’s daughters. Why should the daughters of the petitioner receive rents from properties which, on paper, belong to somebody else? The answer to that question cannot be conjured up in proceedings under Section 528 of the BNSS. It is precisely the kind of question which investigation must unravel, Justice Nagaprasanna further observed while dismissing Athar Ali “s petition.It is, however, made unequivocally clear that every observation made hereinabove is confined to the consideration of the prayer for interference at the threshold under Section 528 of the BNSS. None of these observations shall be construed as a finding on the guilt of the petitioner, nor shall they bind, colour or influence the Investigating Officer or any Court or any fora, the judge has further clarified in his order.
