The HC had expressed displeasure at the “clean chit” given to the officers in the enquiry report and transferred the case to the CBI.(File)
The CBI last week filed a chargesheet against seven persons, including six police personnel, in the alleged Dahisar land grab case. This came close on the heels of the Maharashtra government giving CBI sanction to prosecute the cops. Soon after prosecution sanction was granted, Mumbai Police commissioner Sanjay Barve suspended four of the six police personnel and wrote to the Home department to suspend two others who were ACP rank officers. The Home department has sent the details of these two officers to DGP office for its opinion on whether they should be suspended.
A senior officer said, “After prosecution sanction was granted by the Maharashtra government, the CBI filed a chargesheet against seven persons last Wednesday.” An officer said the accused were charged under sections 120 (B) (criminal conspiracy), 182 (false information with intent to cause public servant to use his lawful power to injury of another person), 192 (fabricating false evidence), 196 (using evidence known to be false), 211 (false charge of offence made with intent to injure) and 298 (public servant framing incorrect record or writing with intent to save person from punishment) of the Indian Penal Code.
Earlier police inspectors Sanjiv Tawde, assistant police inspectors Kakasaheb Shinde and Anant Jadhav, police sub inspector Rekha Saikar were suspended. The other two officers accused in the case are Assistant Commissioners of Police Prashant Marde and Subhash Sawant. Marde is currently posted with the control room, while Sawant is attached to Force One.
Earlier Jude and Dominic Romell, directors of Rommell Housing LLP, who claimed to have purchased the land, had filed a petition before the court alleging “high handedness” on the part of the then Dahisar division ACP Prashant Marde, Dahisar (E), senior police inspector Subhash Sawant, and the other four cops chargesheeted. The petitioners had claimed to have bought the plot for Rs 60 crore near Dahisar Check Naka from two private firms and one Kamruddin Shaikh, whose family claim to be in possession of the land from 1971.
However, in an FIR on April 21, 2017, by late Shaikh’s grandson, the police charged the director of the housing firm with theft, dacoity, and trespass. They next day, they allegedly removed the porta cabins, razed the barricades and gave possession to the Shaikh’s. Jude was then behind bars till June 14, 2017 when he finally received bail. After he found the possession of the land again with the Shaikh’s, he approached the Bombay High Court against the Shaikh’s and the four police officers.
During the course of the hearing on January 17, 2018, the HC asked the Mumbai police commissioner to conduct and enquiry through the Joint Commissioner of Police to look into allegations of connivance of police. The court also asked the four officers to either be suspended or transferred from the police station so that an impartial enquiry could be carried out. Accordingly, the Joint Commissioner of Police (Traffic) conducted an enquiry and a report was submitted on February 12, 2018.
The HC had expressed displeasure at the “clean chit” given to the officers in the enquiry report and transferred the case to the CBI directing the agency to examine whether IPC section 397 (robbery or dacoity with attempt to cause death, or grievous hurt) was attracted or not and to investigate the complicity of the four police officers in assisting the family of the late Kamruddin Shaikh in ensuring possession comes back to them. The respondents had approached the Supreme Court that refused to interfere with the Bombay High Court’s order or ordering a CBI probe. Last year on March 14, the special crime branch of the CBI registered an FIR against the four officers.