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'No evidence against Daya'

mumbai Updated: Aug 21, 2010 02:21 IST
HT Correspondent

Four years after encounter specialist Daya Nayak was suspended from service following allegations of amassing wealth disproportionate to his income, the Anti-Corruption Bureau (ACB) has said it has no evidence against the officer.

The ACB filed a report in court on Friday saying there is no evidence in the disproportionate assets case filed against Nayak.

"We have filed a 'C' summary report because sanction was refused," said Sanjay Parande, additional deputy commissioner of police in charge of headquarters at the ACB. A 'C' summary is a report the police file under the Code of Criminal Procedure to close the investigation of a case if it fails to collect evidence to substantiate the allegations against an accused.

A senior ACB officer said although the report has been filed, the court has not given its order.

Nayak, however, was relieved. "I suffered for four years for no fault of mine. My wife and I were even arrested although in such cases accused are usually not arrested. I stand vindicated now," he said.

Nayak said he is now waiting for the state government to decide on hi application for reinstatement.

An officer from the 1995 batch, Nayak had carried out more than 80 encounter killings, including those of several dreaded gangsters and a couple of alleged terrorists.

He was suspended in 2006 following the ACB probe. He and his wife, Komal, were arrested on February 20 2006, and spent 59 days in custody. He was granted bail on April 20 2006.

The ACB had also arrested two of his friends, Palli Manivellan and Rajendra Padate, on allegations that the duo was investing Nayak`’s money.

The State Human Rights Commission had passed strictures against the ACB in 2008 for Manivellan’s wrongful arrest and imposed a penalty of Rs. 25,000 on the investigating agency.

The ACB had claimed that Nayak owned an 800-sq-ft flat in Charkop, a jeep and a finance company. They alleged that Nayak had also invested Rs. one crore in the construction of a school in his native village in Mangalore apart from laundering money through bogus companies.

A day before his retirement, former Director General of Police S.S. Virk had refused to sanction Nayak’s prosecution in the disproportionate assets case.

Virk, in his order, said the grounds for Nayak’s prosecution were insufficient. He had, however, made it clear that a departmental inquiry can be initiated against the police officer as per the findings of the inquiry.