Synopsis: Following a Madhya Pradesh Lokayaukta raid that found him to be in possession of disproportionate assets, the former bureaucrat was earlier retired from service.
A lower court order rejecting a closure report filed in a case against former IPS officer Mayank Jain was recently stayed by the Indore Bench of the Madhya Pradesh High Court.
Following a Madhya Pradesh Lokayaukta raid that found him to be in possession of disproportionate assets, the former bureaucrat was earlier retired from service.
The Lokayukta Special Police Establishment concluded following an inquiry that there was insufficient evidence to proceed against the officer. The trial court instead directed the prosecution to obtain the necessary penalty to institute proceedings against Jain, rejecting the closure report.
Aggrieved by this order, the High Court challenged the rejection of the Lokayukta closure report by Jain.
Advocate Siddharth Sharma, appearing for Jain, argued before the High Court that after a closure report was filed, the trial court could not have directed the prosecution to obtain sanctions.
He argued that only three options for a lower court are available:
- Acceptance of the report on closure;
- Directing further investigation;
- Treating the situation as a case for complaints.
It is not permissible in law to direct the prosecution to obtain punishment, he submitted, relying on two Supreme Court cases in Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke and others and Vasanti Dubey v. State of MP.
The prosecution sought time to seek instructions, but stated that, in terms of the trial court order, it would have no option but to grant sanction for prosecution.
The Division Bench of Justices Prakash Shrivastava and Shailendra Shukla continued to adjourn the matter to January 11, 2021, staying the trial court order until the next hearing.
When the disproportionate assets were recovered during a raid, Jain, a 1995 IPS officer, was an Inspector-General (Community Policing) in Bhopal.