New Delhi: The Three Judge Bench of Supreme Court, which is hearing the petition filed by one Tilly Gifford, who claims to be the niece of late Van Ingen, challenging the Karnataka High Court order of dismissing the FIR against Michael Flyod Eshwer, yesterday, set aside the HC order and referred the matter back to the investigating officer. It has asked him to go ahead with the investigation against Michael Flyod Eshwer, as per the earlier FIR filed by the Nazarbad Police.
The Supreme Court also dismissed the plea filed by the then Nazarbad Police Inspector G.N. Mohan over some adverse remarks against him by High Court in its order. The Apex Court stated that investigation into the FIR and inquiry against the Police Officer must be allowed to continue.
High Court of Karnataka was also reprimanded by the Supreme Court Bench stating that the High Court had gone “beyond its power and jurisdiction” to quash an investigation into alleged defrauding of more than Rs. 500 crore worth properties of Mysuru-based taxidermist Edwin Joubert Van Ingen.
“Time and again, it has been emphasised that exercise of power under Section 482 (for quashing of an FIR) of the Criminal Procedure Code would not permit to go into the disputed question of facts. Power (of the HC) to interdict investigation is rare. Unless tainted by mala fide, the investigation should not be foreclosed,” the bench said.
Advocate Mahesh Jethmalani, representing Michael Eshwer, contended that the High Court’s decision was justified as the statements of the Police Officers showed discrepancy with regard to the allegations.
The advocate claimed that instead of signed copy of complaint, a notarised photocopy was turned into the FIR in the case, which leads to strong suspicion that it was filed after the death of Van Ingen. He also said that his client Michael Eshwer had taken good care of Van Ingen and not even once Van Ingen had complained about ill-treatment between 2005-2013.
To this, the Apex Court Bench Justices Ranjan Gogoi, L. Nageswara Rao and Navin Sinha said, “All these things can be argued before the trial court. You can apply for discharge. Why should we interdict investigation at this stage? Look at what the HC has done in this case!”
The Supreme Court also took into consideration the CID report, which reportedly had doubts on the Police Officers regarding their dubious role in the whole episode.
Joseph Aristotle, the advocate, appearing for Karnataka Government, said the original complaint was misplaced by Station House Officer G.N. Mohan, the then Police Inspector of Nazarbad Police Station. He also submitted that the CID inquiry report, which showed procedural lapses on the part of the Police.
Speaking to Star of Mysore, Michael Floyd Eshwer, said, the entire case filed against him was false and added that the FIR number mentioned the chargesheet referred to some other case in the Station House Diary.
He also claimed that the Supreme Court had also ordered inquiry against the Notary and Police personnel Uday Ravi, Shardamma and Nagesh and to submit the report before Oct. 31, 2017 the day on which Tilly Grifford’s case would come up for hearing.
Michael also added that Tilly Grifford was not the niece of late Van Ingen but a step-great-grandniece who had no legal standing.
Van Ingen, a British national, died a bachelor at the age of 101 on Mar. 12, 2013. Just before his death, he had lodged the FIR against Michael Floyd Eshwer alleging cheating, fraud and forgery.
The High Court quashing the FIR on June 19, 2014 at the preliminary stage of the investigation on the complaint had also directed the State Government for restoration of possession of the ‘Bissal Munti House’, 220 acres of plantation and wildlife trophies of the taxidermist to Eshwer.
Meanwhile, Tilly Grifford in her appeal has contended the properties cannot be transferred in Michael Eshwer’s name without obtaining mandatory permission from the RBI since Van Ingen was a British national until his death.
Abundantly Rich with Many assets & of countless funds on their own earnings & die as a bachelor or issue less to ream the assets they earned are left out like this!! Pathetic. . Vultures like humanity deceives to lift in the ways & means manuplating hazardus ill ways to snatch them for a song illegally.!! The said Vanigen was a Game warden-too in the wild life World who knew abundantly the wild life protections though an Taxidermust Artist of world Renown.!! Obviously He was very friendly sportsman along our Late His Highness Jayachamaraja Wodeyar the Second Best shot & sportsman per Excellence of the world !! A British National & great Taxidermist of highly cultured will never fall to the TRAPS as one can feel!Honesty is a very Expensive Gift. Do not expect it from CHEAP people !!
This reminds to the TATAGUNI ESTATES of the Famed Russian Artist & his wife a dncer Devika Rani who died the same way and the Manager Servants claimed this way Falsely!! Pleading guilty the GOVERNMENT TOOK OVER THE WHOLE ASSETS !!
Jai Himd.Jai Karnataka.
Mr. Nagabhushan’s comment above is apt including words like “vulture” and “pathetic”. Uncle Joubert’s case is a family tragedy which should have been prevented under ideal circumstances. What his family did not realize at the time of his old age just before Mike Eshwer came into the picture, was that Uncle was demented. As no doctor tested him for this malady I had to gradually figure it out after he died from my memories of him and knowledge of dementia learned in the literature and of my Mother and some of my friends who have died from the disease. The key trait is loss of short term memory. And the main result is inability to reason. Uncle did invite family to help manage his affairs after eldest brother, De Wet, died but this did not work out for several reasons one of which was that Uncle was getting quite deaf and would not consider using hearing aids. The arrival of Mike Eshwer was a blessing! I think Uncle took to him because he is/was a race horse trainer like Uncle’s maternal grandfather and I liked him and his family too. Also, Mike Eshwer promised to, and did, rehab the family house which badly needed repairs.I don’t wish to comment here on other aspects of the case which are subject to further investigations by the CID.