"Prima Facie Master Mind Of Illegal Land Grabbing": Special PMLA Court Takes Cognisance Of ED Complaint Against Nagpur Based Lawyer Satish Uke

Special Judge M.G. Deshpande observed that Satish Uke was the "mastermind" of an alleged conspiracy to usurp various land-parcels in Nagpur by creating fake documents, like a fake power of attorney; and they have prima facie laundered at least Rs. 36 crore, which are the proceeds of crime under section 2(1)(u) of Prevention of Money Laundering Act, 2002.

The two bothers have been booked under Section 2(1)(u) r/w Sec 3 punishable under Section 4 of Prevention of Money Laundering Act based on various offences related to forgery and cheating in 2007, 2018 and two FIRs before the PMLA case was registered in 2022.

After taking cognisance, the court issued process against the accused.

"All these offences are scheduled offences mentioned in part­ A of the PML Act," the judge observed in his order.

After referring to several statements recorded under section 50 of the PMLA Act, the judge said the statements "prima facie indicate how proceeds of crime were placed, layered and integrated by way of acquisition of immovable properties by the applicants. Statements under Sec.50 PML Act carry weight at this prima facie stage as they are supposed to be a judicial proceedings."

"The role of accused No.1 Satish Uke indicates he was key person and mastermind, who directly by himself and through his firm M/s. Mahapushpa Creations conspired with various other persons including accused No.2 to illegally grab the plots/land of various genuine owners as well as the land of Nagpur Improvement Trust."

"This criminal act was done by creating fake, forged and fictitious documents like fake power of attorney of original of legal land owners with a clear intention to usurp and grab the land by illegal means and thereby generated proceeds of crime, as required under Sec.2(1)(u) of PML Act and further laundered money worth Rs.36.60 Crore," the judge observed in the order.

The Ukes had argued during their remand hearing that PMLA meant legitimising illegitimate gains, but there was no illegitimate money in this case. They submitted that the agency was citing a land related transaction from the year 2001, but there was no cash exchange in that transaction and that Uke had paid the money by cheque.

Moreover, not only were most of the matters settled, the complainant in one of the cases had herself created fake documents and taken Rs. 8.2 lakhs for the same land which she sold to Uke in 2008.

Both brothers are in custody.

It may be recalled that Uke has filed several petitions against politicians in the past, including BJP leader Devendra Fadnavis, for non-disclosure of information in election affidavit.

He had also filed a petition in the Bombay High Court's Nagpur bench seeking an investigation into the death of Special CBI Judge B H Loya, who allegedly passed away due to a cardiac arrest at a follow judge's kin's wedding at Nagpur in 2014. At the relevant time, the Judge was presiding over the Sohrabuddin Shaikh, Kausar Bi and Tulsiram Prajapati murder case in which Senior BJP leader and Union Minister Amit Shah too was an accused.