Daya Nayak
COPS AND GOONS
Mumbai: There is more trouble in store for encounter specialist Daya Nayak. The suspended sub-inspector, who was given clean chit in two departmental inquiries, is likely to come under the police scanner again for his alleged links with the underworld.
In the past, every time case involving the police-underworld nexus has come up, the probe has been conducted by members of the police force themselves who have been quick to give their colleagues the clean chit, thereby allowing them to continue in office.
In the case of inspector Aslam Momin, a former colleague of Nayak who was dismissed on charges of helping a gangster, action was taken almost a year and a half after the incident. He was finally dismissed under Article 311 of the Constitution.
The first time Nayak came under the police scanner was on October 17, 2003, when a writ petition was filed in the high court alleging that several police officers had links with the mafia. Nayak, who claims to have eliminated at least 85 hard-core criminals in encounters, was reportedly one of them.
A point of reference was a recorded conversation, now with the MCOCA court, which described a murder plot being planned by Dawood Ibrahim’s associate Faheem Machmach alias Fatwa and a city-based builder, R C Agarwal.
In the conversation Machmach referred to Nayak by name. In September 2003, Machmach had discussed plans to eliminate Agarwal’s business rival, Tejpal Singh, over a property dispute. “To abhi yeh Ketan se baat karoun ya Daya Sahab se baat karoun?’’ Machmach asked. In the conversation, Machmach assured Agarwal that “kaam tumhara hojayega. Hum log usko marenge hi marenge. Hundred per cent marenge.’’ Following this, an inquiry led by the then assistant commissioner of police, Dilip Sawant, was initiated and Nayak was called to record his statement. However, Nayak was given a clean chit. He was, however, shunted out from Andheri CIU to the Charkop police station.
Interestingly, Nayak was one of the officers who arrested Adil Farooque, the producer of the Hindi film Tum in 2003. The mahurat of this film took place at Hotel Sun-n-Sand. Farooque was accused of forging signatures of stars like Bipasha Basu, Saif Ali Khan and others for the agreement. He also threatened the stars by posing as Abu Salem’s nephew. Salem was said to have financed the film.
Sources said stringent action was not taken against Farooque for using underworld money to finance films. Moreover, he was also not booked under MCOCA, but for forgery. Farooque was later released on bail and the chargesheet in the case is yet to be filed. Nayak had personally interrogated Farooque.
Another case involved the arrest of Chhota Shakeel gangsters in December 2002. The gangsters were caught with Uzi machine guns which cost over Rs three lakh. The arrested gangsters were said to be history sheeters but in this case too, they were allegedly helped by one of the officers, again Nayak, who was one of the interrogators. They were booked under the Arms Act and not MCOCA. The case was probed later but Nayak was again given a clean chit. 
Chhota Shakeel
The Times of India, January 24, 2006