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A sessions court in Mumbai overturned a magistrate's earlier dismissal and directed criminal proceedings against senior Maharashtra Anti-Corruption Bureau (ACB) officers, including retired officials, for failing to register an FIR in a major MHADA case worth INR 14,000 crore. The complaint, filed by activist Kamlakar Shenoy, alleged that officers deliberately delayed action and avoided legal duties, appearing to protect MHADA officials involved in the irregularities. The court emphasized that neglect of statutory duties by public servants can amount to a criminal offence and ordered proper recording of evidence and issuance of process against the accused.
A sessions court in Mumbai recently set aside a magistrate's order and directed criminal proceedings against senior Maharashtra Anti-Corruption Bureau (ACB) officers, some retired, for failing to register an FIR in a MHADA scam involving around INR 14,000 crore. The court highlighted that the inaction and omission of these officers caused serious issues affecting both state and national economic interests. It noted that public officers cannot use their positions to shield others from legal consequences or delay statutory duties. Advertisement
The case arose from a complaint filed in 2016 by Mazgaon businessman and activist Kamlakar Shenoy, who alleged that 389 developers were involved in irregularities and that the ACB officers deliberately avoided registering an FIR for over two years. Instead of following the mandate of law, the officers reportedly kept the complaint under preliminary inquiry and sought government opinions, delaying legal action. Shenoy contended that senior officers, including a former director general of police and an additional police commissioner, appeared to be shielding MHADA officials responsible for causing substantial loss to the state by not recovering surplus built-up areas from developers.
The sessions court ruled that the magistrate's earlier dismissal of the complaint was incorrect. It directed the magistrate to restore the complaint, record evidence from the complainant and witnesses, and issue process orders against the accused under Indian Penal Code sections covering public servants disobeying the law, shielding offenders, and manipulating official records. The judge emphasized that deliberate inaction or neglect by public servants constitutes a criminal offence and that no one, including high-ranking officials, is above the law.
The court noted that anti-corruption provisions exist to ensure accountability and prevent misconduct. By delaying action under the pretext of preliminary inquiry, the officers disregarded their legal obligations, and this failure justified the initiation of criminal proceedings. The ruling reinforces the principle that statutory duties must be performed diligently and any deliberate delay in action, especially in high-value cases affecting public resources, will be subject to judicial scrutiny.
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