MR. S M IQBAL AHMED vs. THE STATE OF KARNATAKA

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF NOVEMBER, 2021

PRESENT

THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.56649 OF 2018 (GM-RES) PIL C/W WRIT PETITION NO.25208 OF 2019 (GM-POLICE), WRIT PETITION NO.25469 OF 2019 (GM-RES), WRIT PETITION NO.25570 OF 2019 (GM-RES) PIL AND WRIT PETITION NO.49712 OF 2019 (GM-RES)

IN W.P NO.56649/2018 BETWEEN: 1. IMRAN PASHA

S/O MUNAWAR PASHA

AGE: 37

RESIDING AT:155/1

OPP NEW NOBLE SCHOOL

RASHEED NAGAR

BANGALORE - 45

D/O HABEEB KHAN

AGE: 32

R/AT 2120, 10TH CROSS

SANJIVINI NAGAR

BANGALORE - 92

... PETITIONERS (BY SRI MUZAMIL MUSHTAQ SHAH, ADVOCATE)

AND: 1. THE STATE OF KARNATAKA

THROUGH HOME SECRETARY

GOVERNMENT OF KARNATAKA

- 2 -

VIDHANA SOUDHA

DR.AMBEDKAR VEEDHI

BANGALORE - 560 001

KARNATAKA, POLICE HEAD QUARTERS

NRUPATHUNGA ROAD

BESIDE RBI, BENGALURU

KARNATAKA - 560 001

HOME AND AFFAIRS

SASTRI BHAWAN

NEW DELHI - 110 001

NO.1, INFANTRY ROAD

BANGALORE - 560 001

36, BELLARY RD, DENA BANK COLONY

GANGA NAGAR, BENGALURU

KARNATAKA - 560 032

LODHI ROAD,

JAWAHARLAL NEHRU STADIUM MARG

NEW DELHI - 110 003

ENFORCEMENT DIRECTORATE

1ST & 2ND FLOOR, JAWAHARLAL NEHRU MARG

SKD BASTI, AJMERI GATE

DELHI - 110 002

5TH FLOOR, UNITY BUILDING

MISSION ROAD, BENGALURU

KARNATKA - 560 027

DEVARAJEVENAHALLI POLICE STATION,

BANGALORE - 560 045

10.THE INSPECTOR OF POLICE

R.T. NAGAR POLICE STATION

BANGALORE - 32

- 3 - 11.THE INSPECTOR OF POLICE

SANJAY NAGAR POLICE STATION

BANGALORE - 94

12.IMA GROUP OF COMPANIES

REPRESENTED BY MD

MD.MANSOOR KHAN

NO.5, LADY CURZON RD

SHIVAJI NAGAR, BENGALURU

KARNATAKA - 560 001

13.BURRAQH GROUPS

REPRESENTED BY MD

SYED NIYAZ

NO.18 SRI MARUTHI PLAZA

AMBEDKAR MEDICAL COLLEGE ROAD

MM LAYOUT, R.T NAGAR

BANGALORE - 32

14.AALA VENTURS LTD

REPRESENTED BY MD

NADEEM AH

NAJMUL HUSSAIN SYED PASHA

INAMUL MANIKAR

403, 5TH MAIN RD

HRBR LAYOUT 3RD BLOCK

BANASWADI, BENGALURU

KARNATAKA - 560 043

15.TIFORP TRADING SERVICE PVT LTD

NO.1253, 25TH A MAIN RD

PUTLANPALYA, JAYANAGARA 9TH BLOCK

BENGALURU - 560 069

16.S K BUSINESS SOLUTIONS LLP

UNIT 306A, 3RD FLOOR

CEARS PLAZA, 136, RESIDENCY RD

BENGALURU - 25

26TH MAIN ROAD,

1047, 36TH CROSS RD

4TH T BLOCK EAST, PATTABHIRAMA NAGAR

JAYANAGAR, BENGALURU

KARNATAKA - 560 041

- 4 - 18.PROFITO IN SERVICE

NO.1794 1ST FLOOR

5, 40TH A CROSS ROAD,

KOTTAPALYA, 9 BLOCK, JAYANAGAR

BENGALURU - 69

32/2, KHB MAIN ROAD

KANAKANAGAR

RT NAGAR, BENGALURU

KARNATAKA - 560 032

20.AJMERA BUSINESS SOLUTIONS LLP

REPRESENTED BY MD

DASTHAGIR ABDUL, TABREZ PASHA

60, 4TH BLOCK, 32ND CROSS

JAYANAGAR BANGALORE - 11

21.MORGENALL

REPRESENTED BY IRFAN PASHA

20 AMAR REGENCY LAYOTU

ALBOVE HDFC BANK

HORAMAVU MAIN ROAD

HORAMAVU, BANGALORE - 560 043

22.SHRI KARULPPUSWAMY PROMOTERS

NO.800,19TH MAIN, 23RD CROSS

HSR LAYOUT, 2ND SECTOR

BANGALORE - 560 102

... RESPONDENTS (SRI SHANTHIBHUSHAN, ASG FOR SRI MADHUKAR DESHPANDE, CGC FOR RESPONDENT NOS.3 AND 7 SRI RAJASHEKAR S, AGA FOR RESPONDENT NOS.1, 4 AND 7 SRI K.B.ONKARA, ADVOCATE FOR RESPONDENT NO.12 SRI P.PRASANNA KUMAR, ADVOCATE FOR RESPONDENT/CBI) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO FOR ISSUANCE OF AN APPROPRIATE WRIT(S)/ORER(S) AND/OR DIRECTION(S) COMMANDING UPON THE RESPONDENTS ESPECIALLY RESPONDENT NOS.6 TO 9 TO INVESTIGATE/ INQUIRE THE MISDEEDS OF RESPONDENT COMPANIES 12-22 AND IT'S DIRECTORS, TO SUBMIT THE DETAILS OF THE NAMES AND ADDRESS OF THE DIRECTORS OF RESPONDENT COMPANIES, AND OTHER COMPANIES WHICH ARE DOING SAME KIND OF BUSINESS IN STATE OF KARNATAKA AND ETC.

- 5 - IN W.P NO.25208/2019 BETWEEN: SHRI MOHAMMED SIRAJUDDIN AGED 65 YEARS S/O LATE ABDUL RAZAK R/AT KHAZI MOHALLA OPP OLD MIDDLE SCHOOL CHIKKAPETE, CHITRADURGA - 560 001 ... PETITIONER (BY SRI G.R.MOHAN, ADVOCATE)

AND: 1. STATE OF KARNATAKA

REP BY ITS CHIEF SECRETARY

VIDHANA SOUDHA

BENGALURU - 560 001

HOME DEPARTMENT

GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA

BENGALURU - 560 001

CENTRAL CRIME BRANCH

NEW TARAGUPET, CHAMARAJPET

BENGALURU - 560 023

COMMERCIAL STREET POLICE

SHIVAJINAGAR

BENGALURU - 560 001

MANAGING DIRECTOR AND

CHIEF EXECUTIVE OFFICER

IMAIP AND IMA JEWELLERS

IMA TOWER, NO.5

LADY CURZON ROAD

SHIVAJINAGAR, BENGALURU - 560 001

BENGALURU NORTH SUB-DIVISION

KHANDAYA BHAVANA, 2ND FLOOR

K.G.ROAD, BENGALURU - 560 009

- 6 - 7. THE SUPERINTENDENT OF POLICE

CENTRAL BUREAU OF INVESTIGATION

GANGANAGAR

BENGLAURU - 560 062

... RESPONDENTS (SRI S.RAJASHEKARA, AGA FOR RESPONDENT NOS.1, 4 AND 6 SRI PRASANNA KUMAR, ADVOCATE FOR RESPONDENT NO.7) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-1 TO 4 AND 6 TO HAND OVER THE INVESTIGATION OF THE COMPLAINT OF THE PETITIOENR AS PER ANNEXURE-C DATED 13.06.2019 IN CRIME NO.73 OF 2019 AGAINST R-5 TO R-7 FOR FURTHER FAIR INVESTIGATION IN THE LIGHT OF ARTICLE 21 OF THE CONSTITUTION OF INDIA AND ETC.

IN W.P NO.25469/2019 BETWEEN: 1. MR. S M IQBAL AHMED

S/O LATE S MOHAMMED YAKOOB

AGED ABOUT 78 YEARS

W/O MR VIJITH ATMA T S

AGED ABOUT 47 YEARS,

W/O DR ZULFIKAR ALI AHMED

AGED ABOUT 43 YEARS

D/O MRS DILKASH TASNEEM

AGED ABOUT 24 YEARS

S/O LATE MR ABDUL GANI

AGED ABOUT 49 YEARS

ALL ARE RESIDING AT NO.83

FATHIMA HOUSE

16TH CROSS, 2ND MAIN

A.E.C.S. LAYOUT, 1ST STAGE

R.M.V. 2ND STAGE

- 7 -

SANJAYNAGAR

BANGALORE - 560 094

W/O MR QUISAR ALI KHAN

AGE: MAJOR

R/A B2 803, GOLDEN PALMS APARTMENT

K NARAYANAPURA, KOTHNUR POST

BENGALURU - 560 077

W/O MANSOOR ALI KHAN

AGE: MAJOR

C/O B2, 803, GOLDEN PALMS APARTMENT

K NARAYANAPURA, KOTHNUR POST

BENGALURU - 560 077

W/O MR SARFRAZ AHMED KHAN

AGE: MAJOR

R/AT B2, 803, GOLDEN PALMS APARTMENT

K NARAYANAPURA, KOTHNUR POST

BENGALURU - 560 077

D/O LATE KHADAR KHAN GURANI

AGE: MAJOR

C/O B2, 803, GOLDEN PALMS APARTMENT

K NARAYANAPURA

KOTHNUR POST

BENGALURU - 560 077

10.MRS. HUSANA BANU GURANI

W/O LATE DAWOOD KHAN GURANI

C/O B2, 803, GOLDEN PALMS APARTMENT

K NARAYANAPURA

KOTHNUR POST

BENGALURU - 560 077

11.MR IMRAN KHAN GURANI

S/O LATE DAWOOD KHAN GURANI

AGE: MAJOR

C/O B2, 803, GOLDEN PALMS APARTMENT

K NARAYANAPURA

KOTHNUR POST

BENGALURU - 560 077

- 8 - 12.MRS RAHILA GURANI

W/O MR KARIM KHAN GURANI

AGE: MAJOR

C/O B2, 803, GOLDEN PALMS APARTMENT

K NARAYANAPURA

KOTHNUR POST

BENGALURU - 560 077

13.MRS BIBI SARATH GURANI

W/O LATE ABDUL HAMEED KHAN

AGE: MAJOR

C/O B2, 803 GOLDEN PALMS APARTMENT

K NARAYANAPURA

KOTHNUR POST

BENGALURU - 560 077

14.MR GULSHAN ARA SHAIKH

W/O KHALIL SHAIKH

AE: MAJOR

C/O B2, 803 GOLDEN PALMS APARTMENT

K NARAYANAPURA

KOTHNUR POST

BENGALURU - 560 077

15.MRS SHABANA KHANUM

W/O IMAMKHAN

C/O B2, 803 GOLDEN PALMS APARTMENT

K NARAYANAPURA

KOTHNUR POST

BENGALURU - 560 077

16.MR ABDUL RAHAMAN

S/O LATE ABDUL JABBAR SAB

AGED ABOUT 75 YEARS

R/O NO.240, 9TH CROSS

JHBCS LAYOUT, BENGALURU - 560 078

17.MRS WAHIDA PARVEEN

AGED ABOUT 45 YEARS,

R/A NO.35/17, 14TH CROSS

KANAKAPURA MAIN ROAD

SARAKKI LAYOUT

J P NAGAR 1ST PHASE

BENGALURU - 560 078 ... PETITIONERS (BY SRI R.KOTHWAL, ADVOCATE)

- 9 - AND: 1. THE STATE OF KARNATAKA

REPRESENTED BY ITS

CHIEF SECRETARY

VIDHANA SOUDHA

AMBEDKAR VEEDHI

BENGALURU - 560 001

HOME DEPARTMENT

GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA

BENGALURU - 560 001

HAVING OFFICE AT IMA

TOWER NO.5, LADY CURZEON ROAD

SHIVAJINAGAR

BENGALURU - 560 051

REP BY ITS MANAGING DIRECTOR AND CEO

MOHAMMED MANSOOR KHAN

BENGALURU NORTH SUB DIVISION

2ND FLOOR, KANDAYA BHAVAN

K G ROAD, BENGALURU - 560 009

CENTRAL BUREAU OF INVESTIGATION

GANGANAGAR, BENGALURU - 560 002

MINISTRY OF FINANCE

JEEVAN DEEP BUILDING

PARLIAMENT STREET

NEW DELHI - 110 001

MINISTRY OF HOME AFFAIRS

JEEVAN DEEP BUILDING

PARLIAMENT STEET

NEW DELHI - 110 001

... RESPONDENTS (SRI S.RAJASHEKARA, AGA FOR RESPONDENT NOS.1, 2 AND 4 SRI P.PRASANNA KUMAR, ADVOCATE FOR RESPONDENT NO.5 SRI.H.SHANTHIBHUSHAN, ASG FOR RESPONDENT NOS.6 & 7)

- 10 - THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 1ST RESPONDENT TO HANDOVER THE INVESTIGATION INTO THE IRREGULARITIES AND FRAUD COMMITTED BY THE 3RD RESPONDENT AND ITS ALLIED COMPANIES TO THE RESPONDENT NO.5, CENTRAL BUREAU OF INVESTIGATION AND ETC.

IN W.P NO.25570/2019 BETWEEN: MUIZ AHMED KHAN ADVOCATE AGED ABOUT 26 YEARS R/AT # 181/21, 1ST CROSS 1ST MAIN ROAD, BDA LAYOUT JAYANAGAR 1ST BLOCK EAST BANGALORE - 560 011 ... PETITIONER (BY SRI SHAIK ISMAIL ZABIULLA, ADVOCATE)

AND: 1. STATE OF KARNATAKA

REPRESENTED BY ITS

CHIEF SECRETARY

GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA

BANGALORE - 560 001

REPRESENTED BY ITS SECRETARY

HOME DEPARTMENT

VIDHANA SOUDHA

BANGALORE - 560 001

CBI COMPLEX, GANGANAGAR,

BELLARY ROAD, BANGALORE - 560 032

REP BY ITS DIRECTOR

CONSTITUTED TO INVESTIGATE

CASES RELATED TO

" I MONITORY ADVISORY"

- 11 -

BENGALURU

REPRESENTED BY CHIEF

INVESTIGATION OFFICER

B R RAVIKANTHE GOWDA

SERVICE AUTHORITY

NYAYA DEGULA BUILDING

SIDDAIAH ROAD

BANGALORE

REPRESENTED BY ITS

MEMBER SECRETARY

A COMPANY INCORPORATED UNDER

THE PROVISIONS OF COMPANIES ACT,

HAVING ITS REGISTERED OFFICE

AT NO.343/34, 2ND CROSS

32ND E CROSS, JAYANAGARA 4TH T BLOCK

BANGALORE - 560 041

REPRESENTED BY ITS

MANAGING DIRECTOR

MANGING DIRECTOR

IMA GROUP OF COMPANIES

HAVING OFFICE AT NO.343/34

2ND CROSS, 32ND E CROSS

JAYANAGARA 4TH T BLOCK

BANGALORE - 560 041

... RESPONDENTS (SRI S.RAJASHEKARA, AGA FOR RESPONDENT NOS.1, 2 AND 4 SRI P.PRASANNA KUMAR, ADVOCATE FOR RESPONDENT NO.3 SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR RESPONDENT NO.5) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 CENTRAL BUREAU OF INVESTIGATION TO CONDUCT FAIR, UNBIASED, TRANSPARENT AND IMPARTIAL INVESTIGATION INTO THE ENTIRE SCAM AND MISAPPROPRIATION CONDUCTED BY THE I MONETARY ADVISORY COMPANY AND OTHER SISTER COMPANIES HEADED BY R-7 AND SUBMITS REPORT TO THIS HON'BLE COURT AND ETC.

- 12 - IN W.P NO.49712/2019 BETWEEN: SYED WASIM PASHA S/O. H S ANWAR AGED ABOUT 33 YEARS R/AT NO. 27/01 SUSHEELA MAIN ROAD NEAR MINERVA CHIKKA MAVALLI BANGALORE - 560 004 ... PETITIONER (BY SRI MOHAMMED TAHIR, ADVOCATE)

AND: 1. THE CABINET SECRETARY OF INDIA

RASHTRAPATI BHAWAN

NEW DELHI

DELHI - 110 003

OF KARNATAKA

GOVERNMENT OF KARNATAKA

ROOM NO. 320, 3RD FLOOR

VIDHANA SOUDHA

BANGALORE - 01

... RESPONDENTS

(SRI H.SHANTHI BHUSHAN, ASG FOR RESPONDENT NO.1 SRI S.RAJASHEKARA, AGA FOR RESPONDENT NO.2) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 BY ISSUING WRIT OF MANDAMUS TO PAY EXPEDIENTLY THE DEFICIT AMOUNT JOINTLY OR SEVERALLY TO ALL THE DEPOSITORS OF IMA INCLUDING PETITIONER AFTER RECEIVING THE VALUATION OF IMA MOVABLE AND IMMOVABLE PROPERTIES AND ETC.

THESE PETITIONS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

- 13 - ORDER Heard.

(b) Number of criminal cases/First Information Report lodged against the company and its directors and also direction commanding upon the respondent nos.1 & 2 to submit the report about the number of cases registered against these company in the State of Karnataka and its directors and stage of its investigation, so that this Hon'ble Court may handing over this matter to respondent nos.6 to 9 for comprehensive, detail and complete investigation in the interest of poor investors who have deposited more than 3000 crores and they are having the specific remedy available against such a huge companies which has branches all over India and there might has caused compete chaos and illegality in State of Karnataka;

(c) For, issuance of an appropriate writ(s)/order(s) and/or direction(s) commanding upon the respondents especially respondent C.B.I to find out the other illegality committee by these companies through out the

- 14 - country as it has siphoned more than 3000 crores rupees from the State of Karnataka;

(d) To issue a writ, order or direction in the nature of mandamus, directing Respondent No.9 to take appropriate action against respondent companies for charging income tax from these investors and not paying to the concern department.

(e) To issue a writ, order or direction in the nature of mandamus, directing Respondent No.1 and 2 to widely publicize to the public at large by way of a circular, advertisement, press note or any other appropriate not to invest these kinds of companies and do not pay any taxes to these companies.

(f) To issue a writ, order or direction in the nature of mandamus, directing Respondent No.1 and 2 to seize all property and all bank accounts of the respondents companies, seize all property of directors which are involved in these companies directly or indirectly.

(g) To issue any other appropriate writ, order or direction which this Hon'ble Court deems just and proper, in the facts and circumstances of the present matter."

- 15 - permissible under law against the guilty respondent companies and the accused persons.

- 16 - Nos.25208/2019, 25469/2019, 25570/2019 and 49712/2019 also stand disposed of.

Sd/- CHIEF JUSTICE Sd/- JUDGE

AHB