‘Investigate lease deed fraud case by SAIL’
Kolkata: Observing that visible deficiency in investigation is good reason for a writ court to transfer probe to an independent probe agency, Calcutta High Court, in its judgement, directed the Detective Department (DD) of the Asansol Durgapur Commissionerate to probe a lease deed fraud case on the basis of a petition by the Steel Authority of India
Limited (SAIL).
The Bench of Justice Rajarshi Bharadwaj was hearing a writ petition by SAIL challenging the “inaction” by police authorities of Kulti Police Station in a probe relating to an alleged lease
deed fraud.
A hostel building, measuring 0.5 acres, was leased out by the Board of Indian Iron Steel Company Limited (IISCO) to Priyadarshini Educational Society for 33 years in 1992 for establishment of a secondary school. However, the secretary of the school society resisted the handover of the property on the expiry of the lease, citing that a subsequent lease deed was executed by two officials of the company which extended their occupation for another 33 years.
The counsel for SAIL submitted that Board of IISCO that approved the lease deed on November 19, 1992 ceased to exist as a separate entity when it merged with SAIL in 2006 and consequently did not have the power to authorise the execution of another lease deed in favour of the school society.
SAIL disputed the authenticity of the second lease deed and, alleging criminal conspiracy, lodged a complaint before the OC of Kulti PS. An FIR was registered under various sections of IPC.The school society had filed a writ petition challenging the proceeding which is awaiting final determination. Later, a police complaint was filed by one of the two former IISCO (now SAIL) officials, stating his signature was forged and his photo, fingerprints and name was fraudulently issued in the lease deed but no action was taken
by the police.
It was submitted, a Single Judge had directed the probe to proceed but barred coercive action. However, the police allegedly paid no heed.
SAIL prayed for transfer of probe to an independent agency. The counsel for state submitted police seized the original disputed lease deed and recorded statements of parties concerned.
The court observed “no necessary actions were taken, such as forwarding the lease deed dated December 28, 2012 to the Forensic Science Laboratory or the Questioned Document Examination Bureau for authentication. Additionally, key documents and bank records, crucial for tracing the financial transactions, remain unseized and unscrutinized...”
The court directed the Detective Department of the Asansol Durgapur Commissionerate to probe the matter. The investigating officer was directed to hand over the case diary to the DD.
