Gets HC stay on arrest within an hour of lower court�s rejection of bail plea
Mumbai Mirror Bureau, 3 Feb 2006.
Suspended encounter specialist Daya Nayak managed to evade arrest yesterday after his lawyer procured a HC stay order within an hour of the sessions court�s rejection of Nayak�s bail.
The drama At 1.30 pm when Judge S P Mahajan rejected Nayak�s anticipatory bail, his wife Komal, his aide Rajendra Padte and his lawyer Sirish Gupte appealed to the court that interim protection be given to him till he moved the HC. ‘We are not terrorists or dacoits to run away. We have not tampered with any evidence as per court orders,’ said Gupte. But this plea was vehemently opposed by public prosecutor R V Kini who argued that it was not true that evidence had not been tampered with. ‘On January 28, at 5 am, the car belonging to P Manivellan (allegedly Nayak’s aide), which was parked in his parking space was removed. It’s our case that Nayak had paid for the car.
Judge Mahajan, considering the arguments started dictating the order. A huge crowd comprising reporters, lawyers, Nayak’s well wishers and actor Amitabh Dayal (who played Nayak in the film Kagaar) were gathered in Nayak’s support. At 1.45 pm, minutes before the lunch-break Judge Mahajan announced that the plea had been rejected. Nayak’s expression was one of shock. He had showed off to reporters during the hearing that he was 100 per cent confident.
The whole crowd from the court was asked to move out immediately. Only the anti-corruption cops remained, all keen to gherao and arrest Nayak.
However, according to the police manual, no one can be arrested inside the court premises. So the doors of the court were shut and only lawyers were allowed to enter. One of the lawyers said Komal was crying uncontrollably and Nayak was comforting her.
Meanwhile, the ACB cops were eagerly waiting for Nayak to step out of court so that they could arrest him. Till 2.30 pm there was no sign of him.
After the lunch break at 2.30 pm, when the court doors were opened, Daya was seen coolly sitting there while the ACB cops looked on helplessly. ‘He refused to move. Apparently his lawyers have advised him not to go out as they are moving the HC,’ said one ACB cop.
His lawyer Shyam Marwadi was seen furiously writing out an application. When judge Mahajan stepped back into the court post lunch, Marwadi argued that he had moved the HC which would hear the application at 3 pm. He pleaded that Nayak not be arrested till such time. But the court rejected this plea. Nevertheless, Marwadi advised his client not to leave the courtroom and rushed to the HC.
At the HC, Gupte was seen arguing that the copy of the lower court order was not available and pleaded that Nayak be granted interim protection till Friday. The prosecution opposed it saying that he had gone absconding for two days and hence could not be trusted. But Gupte argued that it was the right of the accused to get protection while he moved the higher court. The prosecution made a statement in court that he would not be arrested till Friday on condition that he did not leave Mumbai. By 3.30 pm, Nayak got interim protection from HC.
The ACB cops were completely taken aback by the turn of events. As soon as the defence handed them the order, Nayak left the court with his wife.
11.30 pm: Judge S P Mahajan dictating the order regarding the anticipatory bail application of Daya Nayak, his wife Komal and his aide Rajendra Padte.
1.30 pm: Judge Mahajan declares in court that anticipatory bail has been rejected. Nayak�s lawyer pleads that Nayak be given interim protection till they move the HC. This was opposed by the prosecution.
1.45 pm: Judge Mahajan rejects the plea. ACB cops wait to arrest Nayak.
2.30 pm: Nayak’s lawyer informs the court that he has moved the HC and pleads that the court give him interim protection till 3 pm. Judge Mahajan rejects the plea.
3 pm: Nayak’s lawyer appears before Justice R S Mohite of the high court and pleads for interim protection
3.30 pm: Nayak is granted interim protection by the HC.
… but the Enforcement Directorate closes in
ED will probe money-laundering angle of Daya Nayak case
The Enforcement Directorate (ED) has also initiated a probe into the assets amassed by suspended cop Daya Nayak under the Prevention of Money Laundering Act (PMLA) The state Anti-Corruption Bureau (ACB) has charged Nayak with possessing assets over Rs 40 lakh, over 200 per cent more than his annual income.
‘We will be investigating the crime from the money-laundering angle. Those involved in the money-laundering may also include people other than those accused in the corruption case.
Whoever has helped an accused convert black money into white will be covered,’ a senior official who did not wish to be named said.
The official said Nayak’s wife, Komal, and his two aides Rajendra Padte and P Manivellan will also come under the scanner.
ED officials have already procured details of Nayak’s wealth ACB.
According to the ACB, Nayak floated or has interest in at least 16 companies including Ojus Housing Finance Co ltd.
Komal who was employed with Ojus subsequently bought this company. Manivellan was a front for Nayak and invested heavily in sick companies to give his ill-gotten money legal status, according to ACB.
Sources said PMLA which came into force effective July 1, 2005, deals with crimes that covers various laws including Prevention of Corruption Act 1988.
ED has been entrusted the investigation of offences under PMLA. A person found guilty under PMLA can be punished with rigorous imprisonment for a term that may extend to a maximum of 10 years and a fine of Rs 5 lakh.
The ED also has powers to attach all the properties amassed illegally.