Mumbai: The special Prevention of Money Laundering Act (PMLA) court has refused to discharge MP Bhavana Gawali’s close aide Saeed Khan in the case of misappropriation of Rs 18.18 crore from the Mahila Utkarsh Pratishthan Trust.
Observation Made By The Court
Noting that there is enough evidence against Khan, the court observed that though he was not an office-bearer or in charge of the trust, it does not mean that such a person cannot control the trust’s management.
“It is just like lifting the corporate veil of a company. A person who is behind the curtain is required to be brought on the stage. In this matter, the record reflects that the accused was acting behind the curtain,” the court said.
As per the prosecution case, Gawali, who was the trust chairperson, had lodged a complaint with the Risod police, following which the Enforcement Directorate (ED) initiated a probe. The ED arrested Khan, claiming he played a key role in the siphoning of funds. While seeking discharge, Khan claimed that he is innocent and was never the office bearer of trust; he became chairman only after the trust became a company. He added that he was not named as an accused but as a witness in the FIR filed by the police.
In his plea Khan claimed that the trust became a company at the instance of Gawali, and that he was implicated because he was the head of the panel appointed to inquire into the fraud. He claimed that Ashok Gandole was the chairperson of the trust from 2003 to 2019, accusing him of siphoning the funds. The ED objected to his plea, contending that forged documents were submitted by Gawali and Khan for conversion of the trust into a company, especially when neither the bank nor the Charity Commissioner had given an NOC.
