Mumbai: A special court on Tuesday rejected the discharge plea filed by Indian Bank clerk Ashalatha Shetty in a disproportionate assets case probed by CBI’s anti-corruption branch against her husband, former Punjab National Bank (PNB) deputy manager Gokulnath Shetty, and her. Gokulnath is one of the main accused in the PNB scam cases involving absconding businessmen Nirav Modi and Mehul Choksi.Special Judge S K Karhale held there was sufficient material to frame charges against the woman under Prevention of Corruption Act and for abetment under Indian Penal Code. The judge noted that CBI had alleged that the accused were found in possession of assets worth about Rs 4.28 crore, disproportionate to known income. The order said, “Both the chargesheet against both accused prima facie shows that they have purchased immovable and movable assets in their joint names.”CBI case concerns allegations the couple acquired movable and immovable assets disproportionate to their known sources of income during the check period from April 2011 to May 2017. It was alleged that while Ashalatha’s approximate income during the check period was around Rs 48 lakh, properties worth more than Rs 88 lakh were purchased.Referring to the three flat transactions in Panvel, Thane and Malad, the judge noted that payments of Rs 15.78 lakh, Rs 11 lakh and Rs 3.01 crore were made. The order stated, “The said amount in lakhs and crores was paid by both the accused from their own accounts.”The court observed that even though the sale transactions were not completed due to failure to make further payments, CBI had treated the payments already made as expenses. “Accused No 2 (Ashalata) is a public servant but still has not informed to her bank or department about the booking of flats by her and payment in lakhs and crores of rupees which is more than her known source of income.”Rejecting the discharge plea, the judge said, “…prima facie accused… is a public servant and she has acquired disproportionate properties of crores of rupees as alleged in the charge-sheet. There is ample evidence and sufficient grounds to frame the charge against her for the offences… under Prevention of Corruption Act and… Indian Penal Code.”The defence argued that Ashalatha was not the main accused and that the alleged transactions were carried out by Gokulnath. Her advocate submitted that the alleged purchases of three flats were later cancelled, and therefore could not be treated as acquisition of disproportionate assets. The defence also contended that as a clerk, Ashalatha Shetty was not required to declare properties to the bank, and that the inclusion of her name in property transactions did not establish that she amassed illegal assets.CBI opposed the plea through public prosecutor Manphool Bishnoi, submitting that both accused were public servants and that properties were purchased in joint names using funds from their respective bank accounts. The prosecution argued that Ashalatha Shetty’s income and expenditure showed unexplained assets and that the case was not limited to abetment.
