The Madhya Pradesh high court has dismissed a petition seeking execution of a Supreme Court order directing probe into the multi-crore Inter Corporate Deposits Scheme scam, refusing to give relief to accused senior IAS official SR Mohanty.
A division bench comprising acting chief justice Rajendra Menon and justice Anjuli Palo said “It is not a fit case where, at the instance of third person (petitioner), we should go into various disputed questions between the investigation authority and the respondent officer (Mohanty) and grant relief to respondent officer.”
The PIL filed by Mohammad Riyazuddin, a Bhopal lawyer, sought execution of the February 3, 2011 apex court order wherein the Economic Offences Wing (EOW) was directed to investigate afresh the matter against Mohanty, who was managing director of MP State Industrial Development Corporation (MPSIDC) from January 20, 2000 to January 8, 2004.
The apex court had through this order quashed the relief given by the MP high court on January 19, 2006, discharging Mohanty from the case.
Mohanty was among the accused in an FIR registered by the EOW on July 27, 2004 in the ICDS scam wherein the state exchequer incurred losses of `719 crore, given in loans to various firms, which has accrued to `5,521.74 crore as on December 31, 2015.
The case was filed against ex-minister and chairman of MPSIDC Rajendra Kumar Singh, his successor Narendra Nahata, ex-managing directors IAS officers MP Rajan and SR Mohanty, the then board members and officials of MPSIDC and promoters of 42 defaulter private companies.
On February 19 this year, the EOW filed a reply to the PIL stating that it was waiting for mandatory sanction to file charge sheet against Mohanty in compliance with the apex court order.
“The investigation against Mohanty is complete. It is clearly established that Mohanty, while working in the capacity of managing director of MPSIDC, abused his official position,” EOW had said.
Additional advocate general KS Wadhwa, appearing for the EOW, furnished documents before the court to support claims of compliance with the apex court directives.
The HC also directed Mohanty to approach the apex court or take other legal recourse “to challenge the investigation and proceedings done by the investigation agency”.