Kerala High Court Orders Crime Branch Probe Into NRK Loan Fraud Cases
The Kerala High Court has issued a significant directive, ordering the transfer of twelve criminal cases registered against Non-Resident Keralites (NRKs) to the state crime branch for a comprehensive investigation. These cases, filed at various police stations across Kottayam and Ernakulam districts, involve serious allegations of cheating leveled by the Al Ahli Bank of Kuwait, with the purported fraud amount exceeding a staggering Rs 10 crore due to non-repayment of loans.
Court Directs SP-Rank Officer to Lead Investigation
Justice K Babu, presiding over the case, delivered the order and further instructed the Additional Director General of Police (ADGP) of the crime branch to ensure that the investigation is entrusted specifically to an officer of the Superintendent of Police (SP) rank. This move underscores the gravity and complexity of the cases, which the court noted possess international ramifications.
Petition Seeks Centralized Probe Into Bank Fraud
The High Court's order came in response to a petition filed by Mohammad Al Quattan, the chief consumer officer of Al Ahli Bank of Kuwait. The petitioner had sought a crime branch investigation into these matters, arguing for a more centralized and specialized probe given the cross-border nature of the alleged offenses.
The core allegation presented in the petition is that the accused NRKs, with a clear intent to cheat, dishonestly induced Al Ahli Bank to grant them loans. The bank sanctioned these loans based on the applicants' employment details and salary information, with a majority of the defaulters reportedly being employees of the Kuwaiti Ministry of Health at the time of application.
International Dimension: Accused Migrated Abroad
Subsequent investigations revealed a troubling pattern. The bank discovered that many of these individuals had migrated to other countries, including Ireland, the United Kingdom, the United States, Canada, Australia, and New Zealand, after securing the loans. It was further alleged that some of the accused secretly resigned from their jobs in Kuwait within months of receiving the loan disbursements.
More critically, the bank contended that a portion of the loan amounts was utilized to finance the very migration expenses of the accused, a claim that adds a layer of premeditation to the alleged fraud. This spate of cases has had a tangible impact, leading banks in Kuwait to tighten their lending policies specifically towards individuals from Kerala, as noted in the proceedings.
Case Details and Court's Rationale
Initially, thirteen cases were registered in connection with this alleged loan fraud scheme. However, in one instance, the loan defaulter fully repaid the outstanding amount, prompting Al Ahli Bank to withdraw the complaint against that individual, leaving twelve active cases for the court's consideration.
Upon perusing a detailed report submitted by the ADGP (Law and Order), the High Court took cognizance of a crucial fact: several of the accused are currently residing in foreign nations. This international dimension was pivotal in the court's decision-making process.
Observing that the cases indeed have wide-ranging international ramifications, Justice K Babu concluded that a specialized agency like the state crime branch is better equipped to handle the intricacies of such a transnational investigation. The order to transfer the cases aims to ensure a coordinated, thorough, and effective probe into the alleged Rs 10 crore bank fraud, bridging jurisdictional gaps between Kerala and Kuwait.
