MUMBAI: Right To Information (RTI) query has exposed how a senior police inspector (now retired) allegedly favoured one businessman to settle scores with another in a civil dispute case.
Trader Jasmine Shah, arrested in a cheating case three years ago, has used RTI to prove that he was illegally arrested by then D N Nagar police station senior inspector M A Shaikh. The information Shah has obtained states that the departmental inquiry, conducted by then deputy commissioner of police (zone IX) Amitabh Gupta, found Shaikh guilty and resulted in disciplinary action against the officer for arresting Shah. Albeit, the department did not initiate any punitive measures against Shaikh as he had retired two years ago.
The case dates back to October 27, 2003, when the D N Nagar police arrested Shah and charged him under Sections 420, 406 and 506 (2) of the Indian Penal Code for cheating, breach of trust and for issuing threats to Sony Mony proprietor Ramesh Shah.
Ramesh wanted to purchase the ground floor of Rupayatan building in Vile Parle, of which Jasmine was the owner. The 2,500-sq-ft property on the ground floor, however, was already rented out to Sangli Bank. Jasmine then proposed that the bank shift to the first floor but bank authorities refused and the refusal led to a legal dispute.
Jasmine's lawyer Mukesh Vashi said that despite knowledge of the bank's refusal to move, Ramesh entered into a deal with Jasmine in 2000, paying him Rs 1.5 crore of the total Rs 4 crore fixed for the sale of the ground-floor property. The MoU between Jasmine and Ramesh stated that the remaining sum would be paid when Ramesh got possession of the property after a peaceful settlement between the bank and Jasmine.
However, matters worsened when Jasmine was unable to forge a settlement with the bank. According to Jasmine, Ramesh began pressurising him, allegedly using intimidating tactics to expedite the sale. "I immediately approached the Juhu police and told officials about Ramesh's threats and they warned him against doing anything as the matter was in court."
Jasmine alleged inspector Shaikh who was then senior inspector of D N Nagar then got into the act, arresting him and parading him before the electronic media. "Shaikh also acted as a recovery agent and forced me to signed 10 post-dated cheques, adding up to Rs 1.5 crore, for Sony Mony. But is this the part of the police's job?" Jasmine asked.
Shaikh, however, defended himself, saying Jasmine had threatened Ramesh and was evading arrest after a case was registered. "Our probe revealed Jasmine cheated a few other people similarly. And the media coverage was not mala fide but was done for the benefit of society so that everyone was cautious while dealing in property," Shaikh told Gupta.
However, Ramesh Shah has rubbished all the allegations levelled against him stating, "The police have already filed the chargesheet against Jasmine and if the case was a fake, the court would have not dismissed Jasmine's plea for his discharge from the case. And in the MOU, Jasmine had mentioned that he will return the money within three months if there is no settlement between him and the bank. Thus he has cheated me." (email id deleted to avoid spiders)
RTI has exposed thst some officers of Directorate. of Co operation, West Bengal are so corrupt that they did not bother to follow the High court's order and directives and sincerely served the purpose of corrupt managing committe members of a Housing Society, against whom Court judgement was to take action for their illegalities in 1985. But till today though FIR was lodged by some members of the Housing Society as per advice of Learned Legal Advisor of the State Govt , in obedience of the Court's Order, but once again corrupt Govt . officer tactfully helped the corrupt M.C members with the help of a concocted audit "review" , which is not acceptable as per law. Details will be intimated later on.--- Abhijeet