By Ramesh Menon 
 

Mumbai, Feb 15: The high drama in the Daya Nayak disproportionate income case continues in the courts, with him moving the Supreme Court today, after the rejection of his bail application in the Sessions and Bombay High Court.

Twenty four days after the FIR was filed in the case on January 20, 2006, and subsequent legal battle to seek his custody by the Anti Corruption Bureau, so far has had success with the Bombay High Court directing Nayak to surrender within seven days of its rejection of the application, which comes to an end on February 15.

Shocking

Rs 6, 61, 140/- is the figure that the first information report mentions that Nayak amassed disproportionate to his known sources of income. Copy of the FIR which is available with the writer (Ramesh Menon) indicates in detail the charges against Nayak, and the other accused in the case Komal Nayak, his wife, and Rajendra Padte, his alleged associate. Shocking as it may sound, the FIR details all expenses incurred by Daya Nayak from the period 1.4.95 to 10.12.2004. And based on its calculations the of income and expenditure, the ACB has explained in the FIR how it has arrived at a figure of Rs. 41,75,130/- which states that the joint income of Nayak and his wife is 214.22 percent than their known source of income.

Some revelations from the FIR:

• Daya Nayak has received 61 prizes until now and a total cash amount to the extent of Rs 95,000.00 has been paid

• A mention of loan taken from Kotak Mahindra Primus, Mumbai in the name of Sh. Rajendra Padte for purchase of a Tata Sumo for Rs 3,85, 000. This has been added to Nayak’s income.

• Rs 1,28, 259 has been paid as Electricty bill by Nayak between the period 30.4.97 to December 2004

• Rs 2,01,677/- towards operation and Medical Treatment incurred by Nayak for the period 15.8.2004 to 25.4.2004 at Hinduja Hospital, Mahim, Mumbai.

• Rs 39,250 expenditure on education of his son Chaitanya during the period 2002-2005.

• Rs 10, 001/ donation towards the Radha Nayak Government High School he built in his hometown.

The FIR interestingly doesn’t show income of Komal Nayak, which claimed by her lawyers in their petition, has been employed since 1989.

The seventeen page FIR also has no mention of any other property in the name of Nayak, but refers to a property in the name of Komal Nayak ( Shri Vinayak CHS, Charkop) taken by a loan from Shashank Finance.

As the drama unfolds and the ACB seeks custody of Nayak, to prosecute him under section 13(1) e with 13(2) of Prevention of Corruption Act,1998, it transpires that most of the charges against the suspended encounter specialist is still in the “realm of assumption”  as a source at ACB pointed out.

When contacted DN Bhong, ACP of ACB, refused to comment, but did acknowledge the facts of the FIR, but said they are still investigating various angles.

Click the pic to read FIR

Translation of enclosed extract from the FIR

Percentage of Amass wealth  214.22