Kerala High Court
B.Mohammed Jamal vs The Director General Of Police on 9 April, 2021
Equivalent citations: AIRONLINE 2021 KER 377
Author: Sunil Thomas
Bench: Sunil Thomas
W.P.(C) No.34433/2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 9TH DAY OF APRIL 2021 / 19TH MAGHA, 1943
WP(C).No.34433 OF 2019(D)
PETITIONER:
B.MOHAMMED JAMAL,
AGED 53 YEARS
S/O. LATE B.M. HAMEED, CHIEF EXECUTIVE OFFICER,
KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR, KOCHI
682 017.
BY ADVS.
SRI.BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SRI.K.M.FAISAL (KALAMASSERY)
SHRI.P.U.VINOD KUMAR
SMT.STIYA SIVAN
SRI.AVINASH P RAVEENDRAN
SMT.ARYA RAGHUNATH
SMT.KADIJA JASMINE
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU,
THIRUVANANTHAPURAM 695 001.
2 THE SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL,
KOZHIKDOE 673 017.
3 THE DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL,
KOZHIKDOE 673 017.
4 THE INSPECTOR ,
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL,
KOZHIKDOE 673 017.
5 V. SURESH,
INSPECTOR OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL,
KOZHIKDOE 673 017.
W.P.(C) No.34433/2019 2
6 ADDL.R6.NASSIR MANAYIL
S/O.ABDHULLAMANAYIL HOUSE, WEST VELIYATHUNAD P.O.,
PIN-683511, ERNAKULAM DISTRICT. ADDL.R6 IS
IMPLEADED AS PER ORDER DATED 16/12/2020 IN IA
NO.2/2020
R1-5 BY GOVERNMENT PLEADER A RAJESH
R6 BY ADV. SRI.K.RAMAKUMAR (SR.)
R6 BY ADV. SRI.T.U.ZIYAD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-
01-2021, THE COURT ON 9-04-2021 DELIVERED THE FOLLOWING:
W.P.(C) No.34433/2019 3
JUDGMENT
Dated this the 9th day of April 2021 The writ petitioner was selected to the post of Chief Executive Officer of the Waqf Board, while he was actively involved in social and political activities, apart from carrying on the practice as a lawyer, mainly at Hosdurg. He could take charge only after prolonged procedures, since persons enimical to him had raised objection regarding his appointment, due to the political background of the petitioner. He joined the service on 25/6/2001. He claimed that, during his tenure various measures were taken to run the Board effectively and to increase the annual income of the State Waqf Board from Rs. 48 Lakhs to Rs.7 Crores per year. It is also stated that the then Minister was in enimical terms to him, since he belonged to an opposite political party. After few years, the same Minister took charge when the change of the Ministry occurred in 2000. The Minister continued to be enimical to him. Accordingly, at the instance of few persons, who were enimical to him politically, repeated false, frivolous and vexatious complaint were filed before the various authorities.
2. The present Ministry came to power in 2016, when the new minister who was enimical to him took charge and continued to harass him. Pursuant to the complaint laid, confidential verification was conducted by the Inspector of Police, Vigilance and the Anti Corruption Bureau, kozhikode, and filed report stating that the petitioner had acquired/amassed disproportionate assets to the tune of Rs. 27, 67,901/-, when compared to be his known source of income. Ext.P7 is the confidential verification report filed by the Inspector of Police W.P.(C) No.34433/2019 4 Vigilance and Anti Corruption Buareau, Kozhikode.
3. According to the petitioner, recommendation in Ext.P7 was only for a further vigilance enquiry . However, Vigilance case was registered by filing FIR No.1/2018 of VACB(SCK), Kozhikode under Section 13(1)(e) read with section 13(2) of the Prevention of Corruption Act. Ext.P8 is the FIR.
4. According to the petitioner, the confidential verification report based on which, FIR was registered contained absolutely untrue facts and based on a wrong application of law and also without considering relevant facts. The authority arrived at an improper conclusion that prima facie the petitioner has amassed assets disproportionate to known source of income. In the confidential report, it was stated that the petitioner had only received an income of Rs.59,00,139/- as his total income during the check period from 1/1/2007 to 31/10/2016.
5. According to the petitioner, by virtue of Rule 63 of the Kerala Waqf Rules 1996, as amended in 2005, petitioner was in the grade of Additional Secretary to the Government and was drawing salary and other allowances applicable to the post. During the check period, he was drawing the salary and allowances applicable to the said post. He was also entitled to official residential accommodation and the salary in the grade of Additional Secretary evident from Ext.P9.
6. Another contention of the petitioner was that, he had received a total income of Rs.1,04,00,112/- including all allowances, PF savings account withdrawal etc. . It was also held that a sum of Rs. 25,68,000/- was shown W.P.(C) No.34433/2019 5 under the head of 'expenditures' incurred by the petitioner towards the rent for the flat in Padamughal, Thrikkakkara occupied by the petitioner as his official accommodation. In fact, he was staying in that flat only from August 2012 till October 2016. Petitioner was given an official accommodation through out the period of his service and the entire rent was paid by the Kerala State Waqf Board. Accordingly, this amount should not have been shown under the heading of 'expenditure'.
7. It was also contended that another major expenditure shown in the confidential report was the education expenses of both the children of the petitioner which comes to 24 28,020/- . It was stated that the elder son was shown as an employee at Bangalore . However, during the academic year when the FIR was registered he was only a 6 th semester student for B.E.civil in an Institute of Technology at Uduppi. It was also contended that the above son was a student during the period 2006 March to 2012 at a public school and the fee paid during the period was only Rs.97,920/-. The second child of the petitioner who is his daughter was shown as aged 23 years pursuing her B.E.course in an Institute of Technology, Mangalore, during the academic year 2013-2014 onwards and expenses were included in her educational expenses. She was actually a 9th standard student in the academic year 2013 - 2014 and completed Plus Two in Commerce during 2016 - 1017 from Nava Nirman School. She joined five year L.L.B Course during 2017 -18 after the check period.
8. It was contended that there were several other material defects in the report and the petitioner was entitled for the benefit of it. Hence, Ext.P7 CVR W.P.(C) No.34433/2019 6 and Ext..P8 FIR in VC No.1/2018 of Special Cell, Kozhikode, and all further proceedings pursuant thereto are liable to be quashed.
9. Pending the proceedings in W.P.(C) 34433/2019, IA No.2/2020 was filed by a third party to get himself impleaded. He claimed to be the Secretary of Registered organization which was constituted to protect the interest of all Waqfs in Kerala. He has been fighting for the proper management and administration of the Waqfs. It was stated that he had filed a complaint before the Director Vigilance and the Anti Corruption Bureau, which resulted in the registration of VC No.1/2018 of VACB, Special Cell, Kozhikode against the writ petitioner. It seems that he has filed another writ petition also in relation to the above matter. Hence, the impleading petition I.A.No.2/2020 was allowed and he was impleaded as the additional 6th respondent.
10. Pending the proceedings, he had also filed few applications to bring on record the additional documents in relation to the writ petitioner. Since those are matters of investigation either within the scope of VC No.1/2018 or even outside that, I do not feel it necessary to place on record in the absence of anything on records to show that they have been placed before the investigating agency.
.11. Pending the proceedings, the writ petitioner filed revised list of calculation on the basis of the additional statement dated 23/11/2020 filed by the respondent. Two statements, one initially filed and thereafter an additional statement were submitted by the first respondent director , Vigilance and Ante Corruption Bureau, Thiruvananthapuram. It seems that pursuant to the W.P.(C) No.34433/2019 7 contentions set up by the petitioner regarding the status of the petitioner and the salary drawn by him as well as the expenditure incurred by him for the studies of the children and also regarding the house rent allowance a detailed investigation was conducted. It was stated that the point, raised by the writ petitioner were verified in the course of investigation. It was also noted that the petitioner was in the status of Chief Executive Officer of Kerala State Waqf Board in the cadre of Additional Secretary to Government during the check period. The details maintained in the Waqf Board revealed the actual net salary of income during his tenure was 74,40,135/- as against the original finding of Rs.59,00,139/-. It was also brought to the notice that during the period 1/11/2016 onwards, he was on deputation in the Central Waqf Council and his net salary during the period 1/11/2016 to 27/2/2018 was Rs.16,39,400/-. It was also noted that during the relevant period he was residing in a flat, the rent of which was paid by the Waqf Board by direct bank transfer. It was also found that he was entitled for 10% basic pay as house rent recovery the Waqf Board had deducted 10% basic pay of the petitioner towards the house rent recovery.
12. The investigation also conducted indicated that he was having three children and two elder among them had completed their school education in Nava Nirman Public School and the elder one completed the Plus Two in the year 2012. The details of expenses during the above period have been verified and assessed.
13. On an evaluation of the above facts, investigating agency has virtually conceded to the contentions set up by the petitioner and that the investigation W.P.(C) No.34433/2019 8 was in par with the contentions made by the petitioner. However, the efforts are still on to trace out the landed properties possessed by the petitioner and the family members.
14. In the course of investigation, it was further revealed that his brother had transacted huge amounts during the check period. Whether it had any rational nexus with the petitioner was a matter under investigation. It was also stated that the petitioner had gone on foreign trips with family members on various occasions and the expenditure incurred for it is also being subjected to verification. Details of immovable properties owned by the petitioner, if any and his family members are yet to be ascertained from the State authorities outside Kerala, especially in the State of Karnataka. It was also stated that the bank details regarding his income during the deputation period including purchase of land, if any, during his tenure in the Central Waqf Tribunal was also being verified and to be included during the check period.
15. It seems that the investigation has substantially progressed. It is also seen on record that there is some substance in the contention set up by the petitioner. However, since some more rival questions of fact are raised and is being investigated, I do not feel it expedient to quash the proceedings at this stage which has almost reached its final conclusion. Though the learned counsel for the petitioner vehemently contended about the substantial agony caused to the writ petitioner and that the pendency of the investigation has virtually affected his future prospects, I do not feel that it would be in the interest of justice to interfere with the investigation or to quash the proceedings on the W.P.(C) No.34433/2019 9 basis of the above two conclusions alone. However, I feel that the apprehension of the petitioner in this regard can be alloyed by directing the investigating agency to complete the investigation within a time frame. Definitely, undue delay in investigation may also affect the rights of an aggrieved person.
Having considered the above, I am inclined to dispose of the writ petition by directing the respondents to complete the investigation in VC No. 1 of 2020 as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. The writ petition is accordingly, disposed of .
Sd/-
SUNIL THOMAS
dpk JUDGE
W.P.(C) No.34433/2019 10
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE G.O. (RT) NO. 1411/01/RD
DATED 20/6/2001 APPOINTING THE PETITIONER AS CHIEF EXECUTIVE OFFICER OF THE KERALA STATE WAQF BOARD.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE NOTE IN THE FILE RELATING TO THE SAME IN THE GOVERNMENT SECRETARIAT.
EXHIBIT P3 A TRUE COPY OF THE LETTER OF APPRECIATION ISSUED BY THE FORMER CHAIRMAN OF THE KERALA STATE WAQF BOARD PROF. K.A. JALEEL, TO THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PORTION OF THE REPORT OF THE JOINT PARLIAMENTARY COMMITTEE ON WAQF.
EXHIBIT P5 A TRUE COPY OF THE RELEVANT PORTION OF OUTLOOK WEEKLY NEWS MAGAZINE PUBLISHED ON 21/9/2009.
EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED BY THE THEN MINISTER FOR LOCAL SELF GOVERNMENT AND WAQF.
EXHIBIT P7 A TRUE COPY OF THE CONFIDENTIAL VERIFICATION REPORT SUBMITTED BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, KOZHIKODE. EXHIBIT P8 A TRUE COPY OF F.I.R. IN V.C. NO. 1/2018 OF VACB SPECIAL CELL, KOZHIKODE ALONG WITH THE STATEMENT.
EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 02/06/2016 ISSUED BY THE UNDER SECRETARY, REVENUE DEPARTMENT REGARDING THE GRADE OF THE PETITIONER AND HIS ENTITLEMENT FOR THE SCALE OF PAY OF ADDITIONAL SECRETARY AND OFFICIAL RESIDENTIAL ACCOMMODATION.
EXHIBIT P10 A TRUE COPY OF THE LETTER DATED 04/04/2018 ISSUED BY THE KERALA WQF BOARD, ERNAKULAM UNDER THE RIGHT TO INFORMATION ACT REGARDING THE RENT PAID BY THE WAQF BOARD FOR THE OFFICIAL RESIDENTIAL ACCOMMODATION W.P.(C) No.34433/2019 11 AND TELEPHONE FACILITY PROVIDED TO THE PETITIONER.
EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 16/05/2018 ISSUED BY THE CEO OF THE KERALA SATE WAQF BOARD ALONG WITH THE RELEVANT PART TO THE CHARTS FURNISHED BY THE KERALA STATE WAQF BOARD TO THE SUPERINTENDENT OF POLICE.
VACB, KOZHIKDOE REGARDING THE SALARY AND ALLOWANCES, DEDUCTIONS AND THE PAYMENT OF RENT AND TELEPHONE EXPENSES WITH RESPECT TO THE PETITIONER FROM 01/01/2007 TO 31/10/2016.
EXHIBIT P12 A TRUE COPY OF THE CERTIFICATE DATED 07/03/2018 ISSUED BY NMAM INSTITUTE OF TECHNOLOGY, NITTE, UDUPPI INTER ALIA REGARDING THE FEE PADI FOR MR. ABUDL HAMMED NASHWAN, THE ELDEST SON OF THE PETITIONER.
EXHIBIT P13 A TRUE COPY OF THE CERTIFICATE DATED 08/03/2018 ISSUED BY THE PRINCIPAL NAVANIRMAN PUBLIC SCHOOL, VAZAKKALA SHOWING THE AMOUNT OF FEES RECEIVED BY THE SCHOOL FOR THE EDUCATION OF MR. ABDUL HAMEED NASHWAN, THE ELDEST SON OF THE PETITIONER.
EXHIBIT P14 A TRUE COPY OF THE CERTIFICATE DATED 08/03/2018 ISSUED BY NAVANIRMAN PUBLIC SCHOOL, VAZHAKKALA SHOWING THE RECEIPT OF TOTAL FEE OF RS. 2,48,000/- FOR THE PERIOD FROM 2006-07 TO 2016-17 FOR THE EDUCATION OF MS. FATHIMA AMREEN.
EXHIBIT P15 A TRUE COPY OF THE CERTIFICATE DATED 08/03/2018 ISSUED BY NAVANIRMAN PUBLIC SCHOOL, VAZHAKKALA SHOWING THE RECEIPT OF TOTAL FEE OF RS. 1,67,210/- FOR THE PERIOD FROM 2007-08 TO 2016-17 FOR THE EDUCATION OF MASTER ABDUL HAMEED RAHEEN.
EXHIBIT P16 A TRUE COPY OF THE DETAILS OF THE IMMOVABLE PROPERTIES HELD AND ACQUIRED BY THE PETITIONER AND MEMBERS OF HIS FAMILY DURING THE PERIOD UP TO MARCH 2016 AND AS PUBLISHED IN THE WEBSITE OF HE KERALA STATE WAQF BOARD.
EXHIBIT P17 A TRUE COPY OF THE CERTIFICATE DATED 13.03.2018 ISSUED BY ICICI BANK. CALICUT.
EXHIBIT P18 A TRUE COPY OF THE CERTIFICATE DATED W.P.(C) No.34433/2019 12 07.03.2018 ISSUED BY DHANLAXMI BANK. UDUMA. EXHIBIT P19 A TRUE COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF THE ACCOUNT OF MR. B.M. NAUSHAD MAINTAINED WITH UNITED ARAB BANK DURING THE PERIOD FROM 07/04/2007 TO 28/12/2010 SHOWING A CREDIT TRANSFER OF 2189369 .57 DIRHAM.
EXHIBIT P20 A TRUE COPY OF THE STATEMENT OF ACCOUNTS IN RESPECT OF THE ACCOUNT OF MR. B.M. NAUSHAD MAINTAINED WITH UNITED ARAB BANK DURING THE PERIOD FROM 15/01/2011 TO 04/12/2017 SHOWING A CREDIT TRANSFER OF 13906907.98 DIRHAM.
EXHIBIT P21 A TRUE COPY OF THE STATEMENT OF ACCOUNTS BANK FOR THE PERIOD FROM 01/04/2008 TO 30/12/2016 NRE DEPOSITS RS. 6,42,07,018/-) EXHIBIT P22 A TRUE COPY OF THE MAHASAR DATED 27/02/2018.
EXHIBIT P23 A TRUE COPY OF THE MAHASAR DATED
13/03/2018.
EXHIBIT P24 A TRUE COPY OF THE RELEVANT PART OF THE
REPORT PUBLISHED BY DESHABHIMANI DAILY
DATED 28/02/2018.
EXHIBIT P25 A TRUE COPY OF THE RELEVANT PART OF THE
REPORT PUBLISHED BY MATHRUBHOOMI DAILY
DATED 28/02/2018.
EXHIBIT P26 A TRUE COPY OF THE RELEVANT PART OF THE
REPORT PUBLISHED NY MANGALAM DAILY DATED
28/02/2018.
EXHIBIT P27 A TRUE COPY OF THE ORDER DATED 08/04/2009IN
CRL.MC. NO. 818/2009 OF THIS HONBLE COURT.
EXHIBIT P28 A TRUE COPY OF THE LETTER DATED 19/09/2011
ISSUED BY THE MINISTRY OF HOME AFFAIRS
GOVERNMENT OF INDIA TO THE UNDER SECRETARY
TO STATE GOVERNMENT INFORMING THE REJECTION OF THE REQUEST OF MR. JIFFRI FOR EXTENSION OF HIS VISA ON THE GROUND THAT, HE HAS INVOLVED IN VARIOUS CRIMINAL ACTIVITIES IN INDIA.
EXHIBIT P29 A TRUE COPY OF THE LETTER DATED 28/06/2012 ISSUED BY DISTRICT POLICE CHIEF, KASARAGOD TO THE PRINCIPAL SECRETARY TO GOVERNMENT W.P.(C) No.34433/2019 13 INFORMING ABOUT THE CRIMINAL ACTIVITIES INVOLVING MR. JIFFRI.
EXHIBIT P30 A TRUE COPY OF THE JUDGMENT DATED 26/10/2018 IN WPC NO. 34202/2018 OF THIS HONBLE COURT.
EXHIBIT P31 A TRUE COPY OF THE LETTER DATED 01/08/2019 ISSUED BY THE PETITIONER ALONG WITH THE CHARTS SHOWING THE INCOME OF THE PETITIONER HIS WIFE AND HIS MOTHER AND SUPPORTING DOCUMENTS PRODUCED ALONG WITH ITS BEFORE THE INVESTIGATING OFFICER.
EXHIBIT P31A A TRUE COPY OF THE CHART SHOWING THE INCOME OF THE PETITIONER ALONG WITH SUPPORTING DOCUMENTS PRODUCED BY THE PETITIONER BEFORE THE INVESTIGATING OFFICER AS ENCLOSURES IN THE LETTER DATED 01/08/2019.
EXHIBIT P31B A TRUE COPY OF THE CHART SHOWING THE INCOME OF THE PETITIONER ALONG WITH SUPPORTING DOCUMENTS PRODUCED BY THE PETITIONER BEFORE THE INVESTIGATING OFFICER AS ENCLOSURES IN THE LETTER DATED 01/08/2019.
EXHIBIT P31C A TRUE COPY OF THE CHART SHOWING THE INCOME OF THE PETITIONER ALONG WITH SUPPORTING DOCUMENTS PRODUCED BY THE PETITIONER BEFORE THE INVESTIGATING OFFICER AS ENCLOSURES IN THE LETTER DATED 01/08/2019.
EXT.P32: COPY OF THE LETTER NO.A-
12023/3/2019-AD.IV-MCA DATED 1/01/2020 ISSUED BY HE MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA RESPONDENT'S/S EXHIBITS:
EXHIBIT ADDL.R6(a) THE TRUE COPY OF THE REPLY NO.REV-
F1/258/2018-REV.DATED 10/5/2018 ISSUED BY REVENUE (f) DEPARTMENT OF GOVERNMENT OF KERALA EXHIBIT ADDL.R6(b) THE TRUE COPY OF THE ORDER RT NO.3380/09/REV.DATED 22/9/2009 ISSUED BY REVENUE (f) DEPARTMENT OF GOVERNMENT OF KERALA W.P.(C) No.34433/2019 14 EXHIBIT ADDL.R6(c) THE TRUE COPY OF THE ORDER DATED 11/4/2019 IN CMP NO.2222/2016 ON THE FILE OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE COURT) AT MUVATTUPUZHA EXHIBIT ADDL.R6(d) THE TRUE COPY OF THE JUDGMENT DATED 5/9/2018 IN WPC NO.19763/2018 OF THIS HON'BLE COURT EXHIBIT R6(e): THE TRUE COPY OF THE COMPLAINT DATED 11/11/2020 SUBMITTED BEFORE VACB, SPECIAL CELL, KOZHIKODE.