Monday, November 26, 2012

High Court lashed EOW in PIL on City Limousines

Why can't economic offences wing probe all City Limo plaints?


Nov 20, 2012, 02.15AM IST

MUMBAI: The Bombay high court on Monday questioned why the economic offences wing of the Mumbai police cannot single-handedly probe complaints filed at various police stations in the City Limouzine scam.
A division bench of Justice A M Khanwilkar and Justice Mridula Bhatkar, while hearing a PIL by City Group Investors Association, was informed by its advocate Mubin Solkar that its managing director, his family and relatives have jumped bail given in a complaint registered at the Cuffe Parade police station. "They are absconding. The surety given was bogus and the address does not exist,'' said Solkar.
The judges questioned what verification was done when the police accepted the surety. Solkar also submitted that the police have not moved to cancel bail in respect of the complaints filed with the Nagpada police station and EOW.
"He said some action was initiated by the police only after the PIL was filed. "It is because of the indulgence of the court that this has happened,'' said Solkar.
He also submitted that while the Enforcement Directorate has attached properties under the Prevention of Money Laundering Act, these properties would be ultimately forfeited to the government. "Our anxiety is that these properties should be available so that investors get at least part of the investments back,'' he added. To a query, Solkar said that the petitioner association has 1,700 members. Besides, there are thousands of investors across India who were cheated in the Ponzi scheme.
The judges questioned what steps the police have taken to re-arrest the absconding accused. "Are all the accused available for trial?'' asked Justice Khanwilkar. Assistant public prosecutor Prajakta Shinde, taking instructions from an officer from the EOW, said the police have information that he is in Delhi. "We'll issue a notice to him if you (police) know his address. Let's see if he is available,'' said Justice Khanwilkar.
The judges also asked why the police have not moved to cancel bail in respect of complaints filed with EOW and Nagpada police stations. "You have to be quick or they will be out of your reach," said Justice Khanwilkar. They also questioned why all the complaints cannot be handled by EOW. "Why can't all matters go to one investigating agency?'' asked Justice Khanwilkar. The judges have directed the public prosecutor to address the court on Wednesday and all concerned officers to remain present.

HC raps EOW for ‘kid glove’ attitude


Nov 22, 2012, 01.41AM IST

MUMBAI: The Bombay HC on Wednesday lambasted the police, saying they are using "kid gloves'' to deal with the main accused in the City Limouzine scam. The court also remarked that "such a serious offence" has been taken lightly.
A division bench of Justices A M Khanwilkar and Mridula Bhatkar was miffed that the police, especially the economic offences wing (EOW), had not moved to cancel the bail of the firm's MD, who has been absconding since January. "What was your (EOW) officer doing? You are using kid gloves for the main accused," said Justice Khanwilkar.
The judges also questioned why all cases could not be investigated by a nodal agency. Public prosecutor Revati Mohite-Dere replied that the chargesheet has been filed on different complaints lodged at various police stations. "That is the problem in the absence of a nodal agency. And just because chargesheet has been filed, does not mean your job has ended. You have to be vigilant,'' said Justice Khanwilkar. The judges have asked the state to take action against the EOW officer for his "casual approach against the main offender''. The judges have directed the regional Addl CP to submit a report at the next hearing.

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