‘Key witness is a wanted man’

SARA SAHARA CASE

By Mateen Hafeez/TNN

Mumbai: Defence advocates in the high-profile Sara Sahara case are now casting doubts on a key witness, who is also testifying against Abu Salem in various murder cases. Defence lawyers say his credentials are dubious and that he is being used as an independent witness although he’s himself wanted in two criminal cases.

The witness, Arif Lakdawala, has been deposing in a special MCOCA court over alleged violations in the development of the Sara Sahara shopping complex. The project allegedly involved large investments by the underworld in real estate. Lakdawala, who revealed details of several transactions in the property, has told the court that he knew Salem personally and stayed at the latter’s residence in Dubai for over five months.

Speaking about his links with the gangster, Lakdawala said, “I had collected Rs 25 lakh from Nadeem and Ramesh Taurani. The amount was collected in order to pay Salem. It was an illegal transaction.’’ He said music baron Gulshan Kumar was murdered soon afterwards.

Defence lawyers in the Sara Sahara case are using this very fact of his involvement in various criminal cases to d i s c re d i t his testimony. Lakd aw a l a ’s statement has been recorded by the crime branch and the antiterrorism squad (ATS) in cases such as the murders of Gulshan Kumar, builder Pradeep Jain, actor Manisha Koirala’s secretary Ajit Dewani and cases relating to the Bollywood-underworld nexus.

Lakdawala was last crossexamined on Wednesday by advocate Shrikant Shivade. He said, “I have known Salem since 1988-89. I have spoken to him over the phone...My statement was recorded by the police in the Gulshan Kumar murder case and I appeared as witness in that case. One K K Balsara was also questioned in this case. Balsara died in the bathroom of the crime branch office. Balsara and I collected Rs 25 lakh from Juhu. That money was collected from Nadeem Saifee (the music compos-er).’’

Lak- dawala during the cross examination said, “I had no business or work permit in Dubai. I went as a tourist. I met Salem during my stay. I resided in his house for 4-5 months. Salem made arrangements for my visa and accommodation in Dubai. I used to meet Salem daily at that time. The Gulshan Kumar case happened after I returned from Dubai.’’

Prosecution lawyers have seized on his remarks, saying it provides clinching evidence of wrongdoing in the Sara Sahara transaction. However, defence advocate Waris Pathan, who is appearing for five of the accused, sought to draw attention towards cases in which Lakdawala is himself wanted—such as a murder case in Gamdevi which is pending in court and another relating to extortion and criminal intimidation at Agripada—to show that the witness cannot be relied upon.

“It is the duty of the police to arrest Lakadawala considering the nature of the evidence given by him in earlier cases and his association with Salem. It is learnt police are also in possession of the conversations and no action under MCOCA has been initiated against him,’’ Pathan said.

When contacted, the crime branch seemed clueless about the cases in which Lakdawala is wanted. “I don’t know about it,’’ said DCP D D Kamlakar.

The Times of India, April 14, 2006

Probes into custody deaths acquit Mumbai police

By Mateen Hafeez I TNN
Mumbai: The crime branch has begun investigating the recent death of an accountant accused of theft in the Agripada police lock-up. The family of Premnath Rao is hoping the inquiry will throw more light on the circumstances leading to his alleged suicide. But going by similar inquiries conducted in the last five years, the findings are unlikely to contradict what the police have to say.

Inquiries into 15 custodial deaths since 2001 have attributed the cause to either “natural factors’’ or suicide. Not a single case was seen as the result of “torture in custody.’’ In four cases, the crime branch is yet to table its findings.

The statistics fly in the face of consensus among lawyers and activists who claim most custody deaths are a result of torture. Said criminal lawyer Majeed Memon: “Deaths in custody are mainly due to third degree torture. In the words of the supreme court, custodial death in a civil society is perhaps the worst crime.’’

However, DCP D D Kamalakar, who heads investigations at crime branch, insisted all probes were conducted in an impartial manner. “Investigations into four custodial death cases are currently on. In the last 15 cases, there was not a single death by torture.’’

Custodial deaths can be categorised into three types: suicidal, homicidal and natural. As a procedure, whenever an accused commits suicide in a police station, an inquiry is initiated. The local police station then has to send a preliminary report to the National Human Rights Commission.

It is alleged that often doctors in charge of government hospitals are hand-in-glove with police officers. “Medical reports are prepared as per policemen’s instructions and that is why it is difficult to establish the genuine cause of death,’’ said hospital sources. This despite the suspicious circumstances surrounding the death.

Rao (38) for instance, was found hanging in a bathroom outside the Agripada lock-up on April 6. The family termed it a result of ‘third degree torture’ and the first post-mortem showed signs of internal bleeding and injuries to his limbs. The high court then ordered a second postmortem which was conducted on Tuesday.

The body of a petty thief, Shivkumar Jaiswal alias Shakal (27), was found in a drum containing 300 litres of water within the Mahim police station premises on December 1, 2005. While the police termed it suicide, the dead man’s relatives claimed he was killed. “He was tortured to death. Is it possible for a mentally fit person to sit in a water drum to die?’’ Shakal’s mother asked TOI. A crucial forensic report in the case was still awaited.

Bomb blast accused Khwaja Yunus’s death is the other notorious example of alleged police brutality. Yunus’ friend Dr Mateen told a special court that Yunus died because of torture. But the police maintained Yunus had escaped from custody, although he was never traced. A state CID inquiry eventually concluded that Yunus was killed in custody. The CID arrested eight police officers and the trial is still on. The officers were, however, given bail.

The Times of India, April 13, 2006

Cops to install CCTVs in lock-ups

AGRIPADA DEATH

By Mateen Hafeez Times News Network

Mumbai: Had there been a closed circuit television (CCTV) in Agripada lock-up, accountant Premanth Rao may have been alive today.

Police said Rao, accused of theft by his employer, allegedly committed suicide by hanging himself in the toilet. His family, however, insist that he died of torture. Sources said the CCTV could have helped investigators find out the truth behind Rao’s death.

The lock-ups in some police stations such as LT Marg police station, DB Marg police station and Nagpada have CCTVs to help the police keep an eye on the accused.

However, most criminals arrested for serious offences are kept in central lock-ups—16 in number—and none one of them have CCTVs. “We plan to install CCTVs in all the central lock-ups and it will be implemented soon,’’ said joint commissioner of police (law and order) Arup Patnaik.

When Rao allegedly committed suicide, two policemen from Agripada—constable Salahuddin Sayyed and assistant sub-inspector Pandurang Gaikwad—along with a constable of the local arms unit were present in the lock-up.

The trio, along with sub-inspector Pramod Pawar of the NM Joshi Marg police, has been suspended.

The Times of India, April 10, 2006

Dawood loyalist joins Rajan gang

Ejaz Pathan

Calls Made By Jailed Gangster D K Rao To Mentor Reveal Ejaz Pathan’s Shift

By Mateen Hafeez/TNN

Mumbai: Ejaz Pathan, an accused in the 1993 blasts case and a former driver of Tiger Memon, has joined the Chhota Rajan gang with the help of jailed gangster D K Rao. The switch has been confirmed after Rao’s telephonic conversations with mentor Rajan were recorded by the crime intelligence unit a few months ago.

The conversations, recorded in November last year, indicate the shifting of loyalties after relations between various D-gang members came under strain. Rao had asked Pathan to join hands with him, soon after he learnt about a rift between Pathan and co-accused Saleem Shaikh alias Saleem Kutta, an old member of the Dawood gang. They had fought in the jail last year and Pathan had blamed Kutta and the other accused of implicating him in the blasts conspiracy and causing his deportation.

Pathan, who was prime accused Tiger Memon’s bodyguard and driver, was deported from the UAE on February 19, 2003 along with don Dawood Ibrahim’s brother Iqbal Kaskar. The conversations between Rao and Rajan regarding Pathan switching over had lasted for about 15 minutes. “Nana, Ajju hamare saath kaam karna chahta hai (Ajju wants to work with us). Aapko yaad hai kya Ajju kaun hai. Woh aapse Dubai mein mila tha, woh green safari pehene huye tha
(Do you remember him. He met you in Dubai and was wearing a green safari suit).’’ Rao’s boss, however, could not recall meeting ‘Ajju’. Rao then continued: “Mein Ejaz Pathan ke baare mein baath kar raha hoon, jisne ek baar aapko tip bhi diya tha
(I am talking about Ejaz Pathan, he had once given you a tip-off)...Usse gang mein mazaa nahi aa raha hai
(He is unhappy with the Dawood gang).’’

Rajan then instructed Rao that Pathan should be given “special’’ treatment and attention. Rao was also asked to support Pathan legally and financially. A crime branch officer said he was not surprised with Pathan shifting loyalties since there were reports of differences within the Dgang. In the past, many D- gang members have had similar problems with Dawood’s righthand man, Chhota Shakeel, who is known to often treat people in a shabby manner.

DCP D D Kamalakar said, “The matter is subjudice, so I don’t want to say anything about it,’’ he said.

Various transcripts of Rao’s conversations with Rajan have been doing the rounds. In one of them, Rao was heard referring to minister of state for home Siddharam Mhetre. However, the minister had denied all links with the gangster.

Pathan’s entry into the Rajan gang may affect the D-gang as he was in the company of Memon and others for over 10 years and knew some of their secrets. Pathan, a labourer from Dongri, was hired by the prime conspirator of the ‘93 blasts, Tiger Memon, as a bodyguard-cum-driver in 1992. Pathan was present for all the meetings at which Memon plotted the blasts.

After Mumbai was rocked by a series of bomb blasts, Pathan was named in the chargesheet as one of the accused who transported explosives and sophisticated weapons from Dighi beach in Raigad district on Feb 7, 1993.

The Times of India, April 6, 2006

Dalmiya was willing to return funds: Cops

Jagmohan Dalmiya

By Mateen Hafeez/TNN

Mumbai: Former BCCI president Jagmohan Dalmiya, who is accused of misappropriation of funds, was willing to return Rs 21.74 lakh to the cricket board before an official FIR was registered against him, an officer from the economic offences wing (EOW) has revealed.

The source, on condition of anonymity, said, “Dalmiya told the police that he was willing to return Rs 21.74 lakh to the board, if the BCCI agreed to return the money he (Dalmiya) had invested for the benefit of the cricket board.’’ But Dalmiya had refused to reveal the amount he had claimed to have spent out of his personal funds, police sources said.

BCCI secretary Niranjan Shah had filed an FIR with Marine Drive police against Dalmiya, former board secretaries S K Nair, Jyoti Bajpai and former treasurer Kishore Rungta, accusing them of criminal breach of trust, cheating and misappropriation of the board’s funds. Since then, Dalmiya and the other three have been questioned on four occasions.

The police are yet to verify Dalmiya’s statement that he wanted to return Rs 21.74 lakh. “The police have not verified this with the board authorities. Anyway, we are probing the case based on an FIR of misappropriation of funds, and therefore we would not like to go into all these details,’’ an officer said.

According to sources, a police team was scheduled to leave for Kolkata on Sunday for further investigation, but the trip was postponed for two days since the paper work was not complete.

“There is a delay. However, a police team will be leaving soon since the investigators have to scrutinise the papers and verify the facts given by the four persons in their statements,’’ said an officer.

The police team will check the bank transactions and statements of a bank account (number 1223) in the Indian Overseas Bank. “The transactions from this account to the personal account of Dalmiya or others, if any, will also be verified,’’ the police said.

The policemen are expected to meet the officials of the Board’s audit firm—Billimoria Chartered Accountants—to verify the financial transactions shown by Dalmiya.

The police have already told the Bombay high court that the misappropriated amount was much bigger than the Rs 21.74 lakh mentioned in the complaint. They have said they are in the process of investigating a funds trail stretching across various cities.

Dalmiya has been granted interim relief against arrest till April 10 by the high court in Mumbai.

The Times of India, April 4, 2006

Dalmiya case investigation to continue in Kolkata

By Mateen Hafeez/TNN

Mumbai: Even after a five-hour long questioning session, the Economic Offences Wing officers were unable to gather why former cricket Board president Jagmohan Dalmiya made his personal secretary Kishan Choudhary as one of the authorised signatories to sign cheques.

Dalmiya, former Board secretaries S K Nair and Jyoti Bajpai, and former treasurer Kishore Rungta came to the crime branch on Friday morning for the fourth time this week.

Investigating officer, Sudhir Mahadik said, “We will be leaving for Kolkata on Sunday where we will meet the Indian Overseas Bank officials and will corroborate the facts given in the statements by Dalmiya and others. We also want justification from Choudhary’’. Police sources said that the investigators were not convinced with Dalmiya’s replies. Moreover, the police are yet to verify several documents in connection with the misappropriation of funds of Rs 21.74 lakh.

The cops are expected to meet the officials of the Bilimoria Chartered Accountancy, the audit firm of the BCCI, to clarify and corroborate Dalmiya’s statement.

The Times of India, April 1, 2006

Malegaon will have police museum soon

By Mateen Hafeez/TNN

Malegaon: This textile hub will soon be the first taluka in the state to have a police museum for itself.

Officials feel the museum will preserve items of historical interest and also project the police as a citizen-friendly force. The project, initiated by additional SP Anil Kumbhare, is part of a modernisation plan for the force. The museum is ready to be inaugurated by director-general of police P S Pasricha on 3 April.

Going around the museum will also be an educative experience. It will give visitors an idea of traffic rules, safety measures for senior citizens (through sketches and cartoons) and have an advisory of how to prevent crime. But getting pride of place will be a letter written by Mahatma Gandhi on 23 March 1910 to then Mumbai police chief Griffith.

“The memorabilia include evolution of the traffic system and details of the introduction of a uniform for the force, the first police patrolling (on bicyles), the first highway accident in the world, the installation of the first traffic signal, the first registered accidental death in the country besides crime statistics,’’ Kumbhare said.

The museum will be at the City Police Station that also houses police quarters, a new mess and the additional SP’s office. “We have also obtained some sketches and will have statues that show figures in uniform, including that of the kotwal in Punjab (from 1861), the ceremonial uniform of the police (1873), armed police uniforms in Manipur and MP etc,’’ Kumbhare said.

Citizens can come and interact with officials. A group is now being trained to explain the collections to vistiors.

The Times of India, April 1, 2006