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1995 DIGILAW 1128 (SC)

T. M. A. Pai Foundation v. State of Karnataka

1995-09-28

B.P.JEEVAN REDDY, KULDIP SINGH, S.C.AGRAWAL

body1995
JUDGMENT : 1. This Court, on July 10, 1995 passed the following order in I.A. No. 24 of 1995 : "Pursuant to this Court's order dated April 28, 1995 Mr. C. Dinakar, Addl. Director General of Police, Incharge Corps of Detectives, State of Karnataka, Bangalore has tiled affidavit on behalf of the State of Karnataka which discloses that during the admissions for the academic year 1993-94, the Trustees of the P.C. Dental College allegedly cheated the students to the tune of lakhs of rupees. It has been prima facie found in the investigations that 70 students were admitted in excess of the sanctioned strength. It has also been found that lakhs of rupees were collected as donations/ capitation fees from the students intended to join the College. The institution is managed and administered by the following trustees : (1) Dr. R.D. Pennathur son of Shri Doraiswami, major residing at No. 88, II main, HAL III Stage, New Thippasandra, Bangalore - 56(X)75 ; (2) Shri R.B. Choudhary, son of Shri Rayagondappa Bhamanna Choudhary, major, residing at Shantipath road, Bijapur, Karnataka ; (3) Miss Pervina Patan, daughter of Mr. Ratan Hormuzdiar, major, residing at' 759, Parsi Colony, Dadar, Bombay - 40(x)14 ; (4) Dr. Paresh K Dalai son of Dr. Kantilal K Dalai, major, residing at A- 11, Moti Bagh, 96, Sion Road, Bombay -400022; (5) Mr. Viraf Rattan Doctor, son of Dr. Ratan Hormuzdiar Doctor, Major, residing at 759, Parsi Colony, Dadar, Bombay - 400 014. We have been informed by the learned Government Advocate that a criminal case has been registered against the trustees. Trustees at serial nos. 2-5 above are on anticipatory bail. Trustee at serial no. 1 is absconding. It has also been disclosed in the affidavit by the Addl. Director General of Police that Dr. R.D. Pennathur is a Government servant and while in Government service he has been managing the affairs of the college. According to the report all that period he did not perform his duties as a Government servant. We direct the Secretary (Health) to file an affidavit in this Court stating the action taken by the Government against Dr. R.D. Pennathur in this respect. According to the report all that period he did not perform his duties as a Government servant. We direct the Secretary (Health) to file an affidavit in this Court stating the action taken by the Government against Dr. R.D. Pennathur in this respect. We are prima facie of the view that the admissions of students to the College and the charging of donations/capitation fees from the students was patently in violation of the law laid down by this Court in Mohini Jain's case and also Unnikrishnan's case decided by this Court. The various acts of the trustees in admitting the students and charging capitation from them are also prima fay is against the directions issued by this Court from time to time. We, therefore, notice to all the 5 trustees to show cause why they they he not held guilty of the contempt of this Court and punished suitably. Notice shall be returnable on 14.8.95. According to the report of Addl. Director, Dr. R.D. Pennathur is an absconder. So far as Dr. R.D. Pennathur is concerned, we issue non-bailable warrants and direct Mr. C. Dinakar, Addl. Director General of Police to have the warrant executed and produce Dr. R.D. Pennathur in this Court on the next date of hearing." 2. The I.A. came for further consideration before this Court August 14, 1995. On that date, this Court directed that- non-bailable warrant against Dr. R.D. Pennathur be executed. We further directed Mr. C. Dinakar, Addl. Director General of Police, COD, State of Karnataka, Bangalore to submit a report to this Court within two weeks in that behalf. Mr.C. Dinakar tiled a detailed affidavit before this Court. After examining the affidavit, this Court passed the following order on September 11, 1995: "We have perused the affidavit filed by Mr. C. Dinakar, Addl. Director General of Police, COD, Bangalore. Mr. Dinakar is personally present in Court. Mr. Dinakar has stated in his affidavit that despite his best efforts the whereabouts of Dr. R.D. Pennathur have not been traced. According to the affidavit efforts are being made to secure him. He wants three months' more time. We grant him three months time from today. Mr. Dinakar states that some information has been gathered during the investigation which shows that Dr. Pennathur gave large amount of money to various persons. Mr. R.D. Pennathur have not been traced. According to the affidavit efforts are being made to secure him. He wants three months' more time. We grant him three months time from today. Mr. Dinakar states that some information has been gathered during the investigation which shows that Dr. Pennathur gave large amount of money to various persons. Mr. R.A. Benakop, D.S.P., COD, Bangalore who is the investigating officer and incharge of the case is also present personally before us. We direct Mr. R.A. Benakop to file an affidavit within 10 days from today giving the names and details of all those persons who have allegedly received money from Dr. Pennathur. Mr. R.A. Benakop to be present in Court on the next date." 3. Pursuant to this Court's order quoted above, Mr. R.A. Benakop, DSP, COD, Bangalore has filed an affidavit dated 18.9.95. It has been averred in the affidavit that Ms. Thulasi Rajashekar w/o Dr. R.D. Pennathur was arrested on June 08, 1995. On questioning, she has made a detailed statement before the deponent. It is stated in the affidavit that she was also questioned by the superior officers on June 10, 1995. She disclosed that in the beginning when P.c. Dental College was started Dr. R.D. Pennathur collected donation @ Rs. 50,000/ - to Rs. 2.5 lacs from each student, that during the year 1991-92, more than rupees 60 lacs were collected from the students as donation through mediators/agents or directly by Dr. RD Pennathur or herself. She further stated that during the year 1992-93 more than Rs. 1.5 crores were collected from the students as donation for giving admission. Similarly, during the year 1993-94, she stated more than Rs. 2.5 crores were collected. According to the deponent, from the details given by her, it is obvious that more than Rs. 4.6 crores were collected from students by Dr. R.D. Pennathur directly or through his wife Snit. Tulashi Rajashekar or through agents. The affidavit filed by Shri Benakop contains the full details of the money collected and the persons who received the money from Dr. Pennathur or from his wife as per the statement of Smt. Thulasi Rajashekar. The names, designation and addresses of the recipients and the amounts received by each of them are given in para 2 of the affidavit. It would be useful to reproduce para 2 hereunder : "The criminal case at K.G. Halli P.S. Cr. Pennathur or from his wife as per the statement of Smt. Thulasi Rajashekar. The names, designation and addresses of the recipients and the amounts received by each of them are given in para 2 of the affidavit. It would be useful to reproduce para 2 hereunder : "The criminal case at K.G. Halli P.S. Cr. No. 304/94 was registered on 15.9.94. Dr. RD Pennathur and his wife Sint. Thulasi Rajashekar who was the General Manager of P.C. Dental and Nursing College Trust were absconding since from 15.9.94. During my investigation of this case I have made strenuous efforts to arrest these accused persons. On receiving credible information I deputed my staff to Bombay wherein Smt. Thulasi Rajashekar was arrested on 8.6.1995. She was brought by my staff and a woman Police Sub-Inspector to Bangalore on 10.6.95. 1 questioned her and recorded her detailed statement during the investigation of this case. She was also questioned by my superior officers. In her detailed statement recorded on 10.6.95 she furnished several relevant details including the money paid by her husband Dr. R.D. Pennathur for the purpose of influencing various persons to get permission to start and continue P.C. Dental College. The amounts paid to various persons as stated by Snit. Thulasi Rajashekar are as follows : (i) Shri S. Bangarappa, then Chief Minister of Karnataka .. 25 lacs (paid in September 1991) (ii) Shri G. Puttaswamy Gowda, then Health Minister of Karnataka (paid in instalments) .. 45 lacs (iii) Sri Manju, Chairman Local Inquiry Committee of Bangalore University .. 10 lacs (iv) Sri Sampangi, Chairman of LIC of Bangalore University .. 10 lacs (v) Sri Surya Babu, PS to Sri S Bangarappa, then CM (Paid in Delhi during 1993) .. 15 lacs (vi) Sri Narayanswamy who contested the by election to Yelahankha Constituency (paid during 1993) .. 01 lacs (vii) Sri R.B. Choudhary, Chairman of P.C. Dental & Nursing College Trust .. 30 lacs plus One Tata Estate Car (viii) Chamundeswari Enterprises V.V. Puram, Bangalore to purchase three sites paid during January 1994 by Sint. Thulasi Rajashekar .. 3 lacs (ix) Surya Group Company to purchase two flats paid by Smt. Thulasi Rajashekar .. 6.5 lacs (x) Sri Mahadevappa and Sri. Khadir for being paid to the daughter and son-in law of Sri B. Shankaranand, Union Minister at Bangalore (paid during Jan 1994) .. 20 lacs Total : .. Rs. Thulasi Rajashekar .. 3 lacs (ix) Surya Group Company to purchase two flats paid by Smt. Thulasi Rajashekar .. 6.5 lacs (x) Sri Mahadevappa and Sri. Khadir for being paid to the daughter and son-in law of Sri B. Shankaranand, Union Minister at Bangalore (paid during Jan 1994) .. 20 lacs Total : .. Rs. 165.5 lacs plus one Tata Estate Car. 3. She also stated before me that in the beginning when P.C. Dental College was started Dr. RD Pennathur collected the donation at the rate of Rs. 50,(XX) to Rs. 2.5 lacs from each student, that during the year 1991-92 more than Rs. 60 lacs were collected from students as donation through mediators/agents or directly by Dr. R.D. Pennathur or herself, that during the academic year 1992-93 more than Rs. 1.5 crores were collected from the students as donation for giving admission and that during the academic year 1993-94 more than Rs. 2.5 cores were collected as donation from the students, From the details thus given by her it is disclosed that more than Rs. 4.6 crores were collected from the students by Dr. R.D. Pennathur either directly or through Thulasi Rajashekar or through agents. 4. During my investigation I also collected the details of the money spent by Dr. RD Pennathur by using the credit card of the Vijaya Bank. He had spent a total of Rs. 90,696-25 during the period from 28.11.92 to 16.6.94. Similarly, Smt. Thulasi Rajashekar had spent a total amount of Rs. 59,961-44 from 19.3.93 to 7.7.94 by using Vijaya Bank Credit Card." The persons who are said to have received the moneys as aforesaid are all very highly placed persons who have held or are holding very high offices in the government/politics of the State of Karnataka. The allegations are very serious and need investigation at the hands of an independent agency. 4. We are of the view that in the facts and circumstances of this case, specially keeping in view the contents of the affidavit under consideration, it would be in the interest of justice to take away the investigation from the Karnataka Police and entrust the same to the Central Bureau of Investigation for appropriate investigation and action. We direct that the Central Bureau of Investigation shall associate Mr. C. Dinakar, Addl. Director General of Police, COD, Bangalore and Mr. We direct that the Central Bureau of Investigation shall associate Mr. C. Dinakar, Addl. Director General of Police, COD, Bangalore and Mr. R.A. Benakop, DSP, COD., Bangalore (Investigating Officer) with the C.B.I. team entrusted with the investigation of the matter. We further direct that no order adverse to these two officers mentioned above, in any manner (disciplinary, transfer or any change in their condition of service) shall be passed by the Government of Karnataka without prior permission of this Court. The Registry shall send three copies of the paper-book of I.A. No. 24/1995, including the Court 1A q orders, pleadings and affidavits to the C.B.I. The C.B.I. may proceed in the matter in accordance with law. The C.B.I. shall investigate the matter and thereafter, if necessary, register the cases against persons found prima facie involved in this case and take appropriate action in accordance with law. 5. Copy of this order be sent to the Director, C.B.I. who may appoint an officer or team of officers to investigate the matter. The C.B.I. shall send progress report of the investigation every eight weeks to this Court. 6. All other issues involved in this I.A., including the show cause notice to the advocate for contempt be taken up in the next hearing. 7. List after eight weeks. I.A. No. 31/1995 in W.P. (C) No. 317/1993 8. We see no ground to interfere in the application which is dismissed accordingly.