The Hindu : National : Apex court rejects Daya Nayak's plea

Online edition of India's National Newspaper
Saturday, Feb 18, 2006

National

National

Apex court rejects Daya Nayak's plea

Legal Correspondent

High Court granted him time till February 15 Custodial investigation not needed: Nayak

New Delhi: The Supreme Court on Friday declined to interfere with a Bombay High Court order asking Daya Nayak, encounter specialist and suspended police officer, to surrender in a disproportionate assets case.

A Bench consisting of Justices Arijit Pasayat and S.H. Kapadia rejected his special leave petition. It, however, said if Nayak filed a bail application after surrendering before the trial court, the court concerned should dispose it of the same day.

The High Court had granted him time till February 15 to surrender. The apex court stayed that order till Friday.

On February 8, the High Court rejected the anticipatory bail petitions by Nayak and his alleged associate Rajendra Padate but granted anticipatory bail to Nayak's wife, Komal Nayak.

Nayak, who killed 83 gangsters in encounters in his decade-long career, has been accused of possessing assets disproportionate to his known sources of income. Komal and Padate face allegations of helping him accumulate wealth.

"No incriminating seizure"

Nayak challenged the High Court order on the ground that custodial interrogation was not required as investigation in the case, registered by the Mumbai police under the Prevention of Corruption Act, had started in 2004 and that he had been questioned at length. Nothing incriminating had been recovered from his wife and hence there was no need to confront him with any document.

Mr. Nayak claimed that his service record was outstanding and he had been decorated with several police medals. He was also included in the police team, which dealt with the Kandahar plane hijack case. He alleged that his rivals had framed him to settle old scores.

Printer friendly page
Send this article to Friends by E-Mail