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- 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
NAZIA BANU
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
THE DIRECTOR GENERAL OF POLICE
KARNATAKA, POLICE HEAD QUARTERS
NRUPATHUNGA ROAD
BESIDE RBI, BENGALURU
KARNATAKA - 560 001
THE UNION OF INDIA
HOME AND AFFAIRS
SASTRI BHAWAN
NEW DELHI - 110 001
THE COMMISSIONER OF POLICE
NO.1, INFANTRY ROAD
BANGALORE - 560 001
THE CENTRAL BUREAU OF INVESTIGATION
36, BELLARY RD, DENA BANK COLONY
GANGA NAGAR, BENGALURU
KARNATAKA - 560 032
THE CENTRAL BUREAU OF INVESTIGATION
LODHI ROAD,
JAWAHARLAL NEHRU STADIUM MARG
NEW DELHI - 110 003
THE DIRECTOR
ENFORCEMENT DIRECTORATE
1ST & 2ND FLOOR, JAWAHARLAL NEHRU MARG
SKD BASTI, AJMERI GATE
DELHI - 110 002
THE DIRECTOR INCOME TAX
5TH FLOOR, UNITY BUILDING
MISSION ROAD, BENGALURU
KARNATKA - 560 027
THE INSPECTOR OF POLICE
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
ZR BUSINESS SOLUTIONS LLP
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
AMBIDANT MARKETING PVT LTD.
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
THE PRINCIPAL SECRETARY
HOME DEPARTMENT
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001
THE STATION HOUSE OFFICER
CENTRAL CRIME BRANCH
NEW TARAGUPET, CHAMARAJPET
BENGALURU - 560 023
THE STATION HOUSE OFFICER
COMMERCIAL STREET POLICE
SHIVAJINAGAR
BENGALURU - 560 001
SHRI MOHAMMED MANSOOR KHAN
MANAGING DIRECTOR AND
CHIEF EXECUTIVE OFFICER
IMAIP AND IMA JEWELLERS
IMA TOWER, NO.5
LADY CURZON ROAD
SHIVAJINAGAR, BENGALURU - 560 001
THE ASSISTANT COMMISSIONER
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
MRS DILKASH TASNEEM
W/O MR VIJITH ATMA T S
AGED ABOUT 47 YEARS,
DR. GULREZ FATHIMA KOUSEER
W/O DR ZULFIKAR ALI AHMED
AGED ABOUT 43 YEARS
MISS FIZA FATIMA
D/O MRS DILKASH TASNEEM
AGED ABOUT 24 YEARS
DR. ZULFIKAR ALI AHMED
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
MRS. SALMA G SAVANUR
W/O MR QUISAR ALI KHAN
AGE: MAJOR
R/A B2 803, GOLDEN PALMS APARTMENT
K NARAYANAPURA, KOTHNUR POST
BENGALURU - 560 077
MRS WAHIDUNNISA SHAIKH
W/O MANSOOR ALI KHAN
AGE: MAJOR
C/O B2, 803, GOLDEN PALMS APARTMENT
K NARAYANAPURA, KOTHNUR POST
BENGALURU - 560 077
MRS. ASFIYA SARFRAZ AHMED KHAN
W/O MR SARFRAZ AHMED KHAN
AGE: MAJOR
R/AT B2, 803, GOLDEN PALMS APARTMENT
K NARAYANAPURA, KOTHNUR POST
BENGALURU - 560 077
MRS. MUMTAZ GURANI
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
THE PRINCIPAL SECRETARY
HOME DEPARTMENT
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001
I MONETARY ADVISORY PVT LTD
HAVING OFFICE AT IMA
TOWER NO.5, LADY CURZEON ROAD
SHIVAJINAGAR
BENGALURU - 560 051
REP BY ITS MANAGING DIRECTOR AND CEO
MOHAMMED MANSOOR KHAN
THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB DIVISION
2ND FLOOR, KANDAYA BHAVAN
K G ROAD, BENGALURU - 560 009
THE SUPERINTENDENT OF POLICE
CENTRAL BUREAU OF INVESTIGATION
GANGANAGAR, BENGALURU - 560 002
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
JEEVAN DEEP BUILDING
PARLIAMENT STREET
NEW DELHI - 110 001
GOVERNMENT OF INDIA
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
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BANGALORE - 560 001
CENTRAL BUREAU OF INVESTIGATION
CBI COMPLEX, GANGANAGAR,
BELLARY ROAD, BANGALORE - 560 032
REP BY ITS DIRECTOR
SPECIAL INVESTIGATION TEAM (SIT)
CONSTITUTED TO INVESTIGATE
CASES RELATED TO
" I MONITORY ADVISORY"
- 11 -
BENGALURU
REPRESENTED BY CHIEF
INVESTIGATION OFFICER
B R RAVIKANTHE GOWDA
KARNATAKA STATE LEGAL
SERVICE AUTHORITY
NYAYA DEGULA BUILDING
SIDDAIAH ROAD
BANGALORE
REPRESENTED BY ITS
MEMBER SECRETARY
I MONETARY ADVISORY PRIVATE LIMITED
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
MR MOHAMMED MANSOOR KHAN
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
THE CHIEF SECRETARY
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.
In W.P No.56649/2018 the petitioners have prayed for the following reliefs: "(a) For issuance of an appropriate writ(s)/ order(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;
(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."
Learned counsel appearing for the Central Bureau of Investigation as well as the Enforcement Directorate inform the Court that they have completed the investigation and submitted reports before the Competent Court and the matters are pending before the Competent Court. It is submitted that appropriate due course would be taken as
- 15 - permissible under law against the guilty respondent companies and the accused persons.
Learned counsel appearing for the petitioners submits that the Competent Authority under the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (for short, "the said Act") shall coordinate with the Enforcement Directorate to take appropriate legal action against the erring persons.
We have considered the submissions. We are of the considered view that the purpose for which the writ petition was filed has been fulfilled. The concerning Investigating Agencies have carried out the investigation and have submitted their reports before the concerning competent Court. So far as the action by the Competent Authority under the said Act is concerned, it is needless to observe that the concerning Competent Authority shall take appropriate legal steps as may be permissible under law in coordination with the Investigating Agencies.
With these observations, the writ petition is disposed of. In view of disposal of this writ petition, Writ Petition
- 16 - Nos.25208/2019, 25469/2019, 25570/2019 and 49712/2019 also stand disposed of.
The pending interlocutory applications do not survive for consideration and stand disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE
AHB