`ONLY GOVT CAN INITIATE ACTION' - Police can't attach properties of accused on their own, says HC
A Subramani
Chennai:
Putting an end to the police practice of attaching the immovable properties of people charged with offences such as chit fund fraud, the Madras high court has said such a “backdoor“ attachment was not contemplated in any law, and that police could attach only by writing to the government.
Justice P N Prakash, passing orders on a petition filed by a chit fund manager charged with duping depositors of `1.7 crore between 2010 and 2013, recently said, “It is only the state or central government that can initiate action by approaching the district judge of the area where the accused resides or carries on business. The police officer has no role to play in this. He can, at the most, submit a report to the state or cen tral government requesting it to initiate action under the Criminal Law Amendment Ordinance. “ V Sundaram and Malliga were conducting unregistered chits and had collected subscriptions from 35 people to the tune of `1.66 crore. After they defaulted on repayments, the economic offences wing police of Kancheepuram district reg istered a case. On January 8, 2015 the investigating officer wrote to the sub-registrar-IV of Kancheepuram asking the officer to mark properties owned by the accused as “encumbered“ assets. Intimating the officer that police had “attached“ the property , the investigating officer said if any further transaction is allowed in the property , it would adversely affect the probe and result in unnecessary litigation.
The accused duo moved the court saying they were not able to sell any of their properties as the sub-registrar was refus ing to accept any document for registration.
Justice Prakash appointed advocate Abbudukumar Raja rathinam as amicus curiae and said: “This court was in deed wondering as to from where the police officer de rived power to send such a com munication handing out a veiled threat to the registration authorities.“
A Subramani
Chennai:
Putting an end to the police practice of attaching the immovable properties of people charged with offences such as chit fund fraud, the Madras high court has said such a “backdoor“ attachment was not contemplated in any law, and that police could attach only by writing to the government.
Justice P N Prakash, passing orders on a petition filed by a chit fund manager charged with duping depositors of `1.7 crore between 2010 and 2013, recently said, “It is only the state or central government that can initiate action by approaching the district judge of the area where the accused resides or carries on business. The police officer has no role to play in this. He can, at the most, submit a report to the state or cen tral government requesting it to initiate action under the Criminal Law Amendment Ordinance. “ V Sundaram and Malliga were conducting unregistered chits and had collected subscriptions from 35 people to the tune of `1.66 crore. After they defaulted on repayments, the economic offences wing police of Kancheepuram district reg istered a case. On January 8, 2015 the investigating officer wrote to the sub-registrar-IV of Kancheepuram asking the officer to mark properties owned by the accused as “encumbered“ assets. Intimating the officer that police had “attached“ the property , the investigating officer said if any further transaction is allowed in the property , it would adversely affect the probe and result in unnecessary litigation.
The accused duo moved the court saying they were not able to sell any of their properties as the sub-registrar was refus ing to accept any document for registration.
Justice Prakash appointed advocate Abbudukumar Raja rathinam as amicus curiae and said: “This court was in deed wondering as to from where the police officer de rived power to send such a com munication handing out a veiled threat to the registration authorities.“
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