High Court Upholds FIR in Corruption Case: Proceedings Initiated Against the Petitioner Are All Backed by the Statute

In a significant ruling today, the High Court of Karnataka, led by Hon’ble Mr. Justice M. Nagaprasanna, upheld the validity of the FIR registered against MLA Sri Zameer Ahmed Khan by the Anti Corruption Bureau (ACB) for alleged disproportionate assets and corruption. The court observed, “Proceedings initiated against the petitioner are all backed by the statute,” highlighting the legal robustness of the case.

The FIR, based on information from the Enforcement Directorate under the Prevention of Money Laundering Act, 2002, was challenged by the petitioner for lacking a preliminary inquiry and proper authorization. However, the High Court dismissed these contentions, emphasizing the statutory compliance and necessity for a thorough investigation.

Justice Nagaprasanna’s observation underlines the court’s stance on the criticality of upholding legal procedures in cases of alleged corruption and disproportionate assets. “It’s not a case where no crime is registered in which involvement of the petitioner is absent,” the judge noted, pointing out the due diligence followed by the ACB and Enforcement Directorate in registering the FIR.

The ruling also addressed the argument against the lack of preliminary inquiry. The court noted a significant time gap between the Enforcement Directorate’s communication and the FIR registration, indicating a period of preliminary inquiry.

In a detailed judgment, the court observed that the allegations against Sri Zameer Ahmed Khan of assets being disproportionate by 2031% to his known income necessitated a thorough investigation under the Prevention of Corruption Act.

The decision holds significant implications for the legal landscape concerning corruption and asset accumulation by public servants. It reinforces the judiciary’s commitment to ensuring that investigations into such serious allegations are conducted within the framework of law, emphasizing thoroughness and statutory compliance.

Date of Decision: 18 November 2023

SRI.ZAMEER AHMED KHAN VS  THE STATE OF KARNATAKA BY LOKAYUKTA P.S.