Date: 24th April 2005
From,
I.K. Chhugani
501, Pinky Panorama,
6th Road, Khar (w)To,
Mr. A N Roy,
Commissioner of Police,
MumbaiSir,
SUBJECT: Unlawful Arrest and being Handcuffed.API Inamdar of EOW had filed an FIR on 24th March 05 at 22hrs (Exhibit A), against me at Khar Police Station, inspite of me filing an affidavit in MPID court, the same morning, in which I had revealed the fact, about the visitors register maintained in the society, that showed Inamdar had not visited the society between 6thJanuary 2005 and 20th March 2005. (Exihibit B) . API Inamdar was present in the court.
API Inamdar has stated in the FIR that he had sealed the flat on 8th February 05.
The register indicated that officers of Bharat Overseas Bank and Punjab National Bank had opened the flats and shown it to numerous potential buyers, including myself, on 11th and 12th February 05. (Please refer Exhibit C). This indicates that either there was no seal of EOW or the Bank Officers had removed it.
According to my perception, no literate person would break open a court seal, Bank officers are definitely literate. So if API Inamdar believes, he had sealed the flat on 8th February, he should have filed an FIR against the Bank Officers.
On 25th March 2005 morning, I visited Khar Police Station and met the Sr, Inspector Satish Shingte, who informed me that an FIR has been filed against me, but assured me that I will not be arrested or evicted from my house, unless the court orders it. I handed over a extract from the visitors register showing the Bank Officers visits on 11th and 12th February 05 and explained the signifigance.
On 28th March 05 at 11 AM, API Arun Walsade came over to my house and insisted I come along with my wife and son to Khar Police Station. Fearing the worst, I refused to allow my wife to come to the Police Station. My son was allowed to leave the police station at about 1 PM.
I showed API Walsade, the signatures of Bank officers on 12th February 05 and also wrote down the phone nos of those who had come to inspect the flats. I also gave a Xerox of a 3 page handwritten statement, which he was reluctant to add to the case papers. I also pointed out his own signature appearing on 14th February 05, immediately after the Bank officers signatures.
PSI Inamdar arrived at about 7 PM, once again I pointed out the signatures of Bank Officers, however, now the 2 officers along with Jr Officer Sanjeev Gujjar, became very vocal and insisted I produce a stamped agreement between me and the Banks. In the meantime Sanjeev Gujjar started threatening that, we can evict your family tonight from the flat, I refused to be cowed down and dared them to do that. They arrested me.
Thereafter they attempted to arrest my wife, whom I sent a message not to come near the police station.
I was taken to Bandra police station lock up. Next day I was handcuffed and taken to Bandra court. (further details Exhibit D)
I was remanded to police custody till 31st March and then till 2nd April 05 on the plea that custodial interrogation was necessary, but from the time I was arrested on 28/03/05 at 7pm to the time of getting bail on 02/04/05, no statement was every taken from me, no question was ever put to me, so what was this custodial interrogation required for. I can only surmise, that putting me in handcuffs and getting me remanded, was only to extract the maximum money from my family and put maximum mental pressure on my wife. (Please read page 2 of exhibit D).
After my release on bail, I handed over a letter (Exhibit E) to Khar Police Station on 4th April 05. No action has been taken on that, while crude attempts were made to get the register from the society.
On 7th April 05, I made a misc application no 188 of 2005 to the MPID court about our apprehensions of the Police/EOW destroying the register and requested the judge to take possession of the register. The judge passed the order on 8th April 05 and took possession of the register. API Inamdar was present in the court on both days.
Sir, my contract of buying the flat from Bharat Overseas Bank and Punjab National Bank is a civil contract under the securitisation act after I have made a payment of Rs.50,91,100/- and received possession of the flat from the banks on 27th Feb 05.
Please take action against API Arun Walzade, who ignored all material of my innocence, deprived me of personal liberty, got me handcuffed like a common criminal and has caused irreparable damage to my standing in society, besides has my family traumatized.
Whether I should take the matter to the Human Rights Commission, or seek damages amounting to Rs.5 Crs. from the Govt. or take legal action against the officers concerned, your guidance in this aspect will be most appreciated. Fast result is my priority, I am 57 yrs old.
I shudder to think what would have happened in case the Police/EOW would have successful in browbeating my family, to handover the original register to them, while I was in jail.
Thanking You,
Sincerely
I K Chhugani
(This Complaint was personally handed over to. Mr. A N Roy on 25th April 05, when he was kind enough to give me an hour of his time, he promised action within 3/4 days)