A local court in Mumbai has refused to close a cheating case against Bharatiya Janata Party leader Kirit Somaiya and his son, noting further probe was necessary as police have not investigated what was done with funds collected by them to save the decommissioned naval aircraft carried Vikrant.
The magistrate's court on August 8 refused to accept the closure report submitted by the Mumbai police's Economic Offences Wing (EOW).
Additional Chief Judicial Magistrate (Esplanade court), S P Shinde, directed the police to conduct further investigation in the case, saying it was necessary, and submit a report.
The court in its order said the investigation revealed the accused had collected money but the police have not placed any document on record showing the said amount was deposited by the accused either with the office of the Maharashtra governor or the government.
'In this matter, the investigating officer has not done investigation as to what has been done by the accused with the amount collected by them,' the court said.
'Considering the facts and circumstances of the case, it appears to me that further investigation in the matter is necessary. Hence, the investigating officer is directed to conduct further investigation and submit a report,' it said.
Commissioned in 1961, INS Vikrant, a Majestic-class aircraft carrier of the Indian Navy, played a key role in enforcing the naval blockade of East Pakistan during the Indo-Pakistan War of 1971. It was decommissioned in 1997.
In January 2014, the ship was sold through an online auction and scrapped in November that year.
The case against Somaiyas was registered at the Trombay police station here in April 2022 based on a complaint lodged by an ex-serviceman, who claimed he donated Rs 2,000 in 2013 for the campaign.
The complainant alleged Somaiya had collected more than Rs 57 crore for saving the ship.
However, instead of depositing the amount to the Maharashtra governor's secretary office, he misappropriated the funds, he claimed.
The case was later transferred to the city police's EOW.
The investigation officer of the case had submitted 'C' summary (closure report) before the court, saying after conducting a probe, it came to light that the 'crime comes under the category of neither true nor false'.
The police submitted that the informant had lodged a report (complaint) because of a misunderstanding and prayed to accept the 'C' summary.
The court, after going through the statements of witnesses, who had donated money for saving the aircraft carrier, said it appears that witnesses have contributed and the accused have collected the amount during the drive.
'But the investigating officer has not placed any document on record showing that the amount was deposited by the accused either with the office of Maharashtra Governor or the (state) government. Thus in this matter, the investigating officer has not done investigation as to what has been done by the accused with the amount collected by them,' the magistrate said.
The court also said that as per the report, the accused have conducted drives at some other places too.
But the investigation officer has not taken any pain to record statements of the witnesses, from other places, who have also alleged to have made a contribution, it said.
The court then directed the investigation officer to conduct further probe in the light of its observations and submit a report.
