Files plea before CBI court, says custody required to determine other masterminds of the scam.
The Central Bureau of Investigation (CBI) has filed an application before the Court of Special Judge, CBI, Chandigarh, for issuing the production warrant of Nalini Malik, former Chief Financial Officer (CFO) of Smart City Company Limited.
She was arrested in an FIR dated March 9 registered at EOW Sector-17 Police Station and is presently in judicial custody at Model Jail.
The Chandigarh Police had arrested Malik on April 2 during the investigation of a scam of over Rs 116 crore of Smart City funds deposited in IDFC First Bank.
In the application, the CBI said that the Under Secretary, Ministry of Home Affairs, vide a letter dated April 27, transferred the FIR registered at Economic Offence PS, Sector-17, Chandigarh, to the CBI.
On the basis of the above order, the CBI, Economic Offences Branch, has re-registered an FIR under Sections 318(4), 338, 336(3), 340(2), 61(2) and 316(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 13(1)(a) r/w 13(2) of the Prevention of Corruption Act, 1988.
The CBI said that as per the sections of law mentioned in the FIR, the maximum period of punishment is life imprisonment.
The CBI claimed that during investigation, substantial incriminating material has surfaced against accused Nalini Malik, then CFO, CSCL, revealing her active involvement in opening and operation of undisclosed bank accounts of CSCL, facilitation of unauthorised transfer diversion of huge public funds to shell entities and receipt of pecuniary benefits/cash consideration there from.
The CBI said that custodial interrogation of Nalini Malik is therefore essential for confronting her with documentary, digital and oral evidence already collected during investigation, unearthing the larger conspiracy, tracing the money trail, identifying beneficiary persons/entities and effecting recovery of relevant records/assets/proceeds of crime.
The custodial interrogation of accused Nalini Malik is also essential to further the investigation, unearth the larger conspiracy and for bringing the other masterminds behind this conspiracy to justice. The CBI said that hence, the Production Warrant against Nalini Malik (lodged in Model Jail, Chandigarh), is required to be issued by this Court with necessary directions to the Superintendent, Model Jail, Chandigarh. The accused is then required to be taken over in police custody for her thorough interrogation and further investigation in the interest of justice.
The application of the CBI has been filed a few days after Nalini Malik expressed her desire for participation in the inquiry.
The CBI court has sought a response from the CBI on an application filed by the accused from jail. Malik has also applied for bail before the CBI Court.
She was arrested as there were allegations that she had received cash from the siphoned money of the CSCL and was involved in the scam.
As per the FIR, the accused named in the FIR managed to create false and fabricated 11 FDRS for the amount of Rs 116.84 crores in the favour of Municipal Commissioner, Chandigarh, in connivance with the bank officials of the IDFC Bank arrested earlier by the police.