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Telgi stamp paper scam — `Misuse of evidence proved beyond doubt'

Pratap Ravindran

Pune , Nov. 22

THE Special Investigating Team (SIT) probing the allegations of mala fides in the investigation by the Maharashtra police of the multi-crore Telgi stamp paper scam, made by Mr S.M. Mushrif, former Additional Commissioner of Police (Crime), Pune, has described as "proved beyond doubt" his contention that the evidence collected during the investigation was deliberately not being brought on record and was being misused.

The SIT is headed by Mr S.K. Jaiswal, Deputy Inspector-General of Police.

Confidential Government documents available exclusively with Business Line reveal that the Jaiswal report has stated unequivocally that the suppression and misuse of evidence as alleged by Mr Mushrif "may have an adverse bearing on the outcome of the case during the process of the trial" and that "the responsibility for the same would be squarely of (the) Pune police and the then investigation and supervisory officers."

The SIT was constituted by the Maharashtra Government on November 2, 2002 when, shortly after the Pune police had filed a charge-sheet against the "organised crime syndicate" engaged in the fake stamp paper scam under the leadership of Abdul Karim Ladsaab Telgi, Mr Mushrif had alleged mala fides in the investigation process.

The SIT, which had become operational on November 21, 2002, had submitted its report to the Maharashtra government in the first week of April this year after investigating the five "material allegations" made by Mr Mushrif and finding four of them "proved" and one "partially proved."

The SIT report, as also the Action Taken Report (ATR), has been placed before the Mumbai High Court following a writ petition filed by Mr Kishan Baburao Hazare (better known as Anna Hazare) in June 2003.

The five "material allegations" made by Mr Mushrif related to:

  • The inclusion of the names of Shahida, Telgi's wife, and of Sana, his daughter, as also Abdul Rahim Laadsaab Telgi, his brother, as "suspected wanted accused" in the charge-sheet dated September 3, 2002;

  • The inclusion of these names "in a highly suspicious manner" which suggested "outright mala fide intention, ostensibly to extract money from the main accused, Abdul Karim Laadsaab Telgi, by threatening to arrest his wife, minor daughter and ailing brother, and later to delete their names saying that there was insufficient evidence found against them;

  • The mysterious dropping of the names of five persons - Manoj Kotharath, Fatima, Gafar Nabilal Tamboli, Javed and Bajrang Maniklal Kharatmal - who had, "till the end," been shown as "wanted accused" from the crime diary (This allegation has been held to be "partially proved" in the Jaiswal report.);

  • The addition, "at the last moment," of six persons - Ali Eliyas Telgi, Abdul Rahim Laadsaheb Telgi, Parvez Abdul Rehim Telgi, Sahida Abdul Karim Telgi, Sana Abdul Karim Telgi and Anilkumar Narayandas Shah - to the list of "suspected wanted accused" in the case diaries without assigning any reason; and

  • The deliberate failure to take on record and the misuse of evidence collected in the course of the Pune police investigation into the fake stamp paper scam.

    Mr Mushrif, in his statement to the SIT, had further observed that, "The inquiry should encompass the whole investigation as, among other things, it may have wide ramifications."

    Dealing with the last allegation, the SIT has cited numerous instances of serious lapses in the recording and use of evidence collected in the course of the investigation into the scam. By way of illustration, no analysis was made of all the seized documents to connect them specifically to the arrested/wanted accused. These documents were lying in a godown without any "evidentiary value" as on the date of the charge-sheet. And then again: "Original documents like tenancy lease deeds containing signatures of certain accused have been sent to the court without carrying out handwriting analysis in relation to the signature of the arrested/absconding accused. This would have connected, beyond reasonable doubt, the arrested accused to the places of seizures. The reason for this omission, when construed in the light of the entire investigation, gives room for suspicion."

    The SIT has, in addition, taken note of numerous "acts of criminal negligence, which are evident on the face of it, and the same will have wide ramifications at the trial stage."

    Interestingly, the SIT has criticised Mr Mushrif in connection with the application of the Maharashtra Control of Organised Crime Act (MCOCA) to the case.

    "Had the MCOCA provisions been applied to the case on time by either the Additional Commissioner of Police, Crime, or the Joint Commissioner of Police, Pune City, the investigation officer could have got the benefit of (an) additional 90 days of investigation time to file (the) charge-sheet. The responsibility of the delay in this matter is clearly that of Addl. C.P. Shri Mushrif for not taking cognizance of this case on the report of the I.O."

    The Jaiswal report has pointed out that "responsibility for the poor supervision of the case has to be taken by Shri Mushrif as he was in a position to ensure that the preparation of documents, writing of case diaries and (the) collation of evidence collected during the course of investigation was carried out properly."

    "Furthermore, when Shri Mushrif detected the existence of mala fides in the investigation of the case, he should have made out a detailed default report, supplanting it with documentary evidence culled from the case diaries and examination of case papers. Such a scrutiny would have clearly highlighted the issue and enabled the C.P. to take a decision and not obfuscate it, resulting in the subsequent media battles to the detriment of the case."

    In the section titled "Overall Conclusion," the SIT has observed: "For any detection to be successful, the case has to be taken to its logical conclusion of conviction through successful prosecution. In the instant case, the classical detection should have ensured that the investigation agency clearly understood the responsibility cast upon it of proper and effective investigation of this serious organized crime having inter-State ramifications, which had clearly jeopardised national interest. While the Pune police has rightly rejoiced and has been self-laudatory in the magnificent detection, subsequent shoddy investigative work of collating evidence displays evident dishonesty, professional incompetence and lack of team work."

    "Ordinarily, such sensational economic crimes having national and inter-State ramifications should have been entrusted to a specialized agency like CID (Crime), CBI or, in the least, to a dedicated team of officers and men of personal integrity and excellent record. The present investigation was being handled by PI. Deshmukh (in charge of police station Bund Garden) who was reporting to ACP Crime-I, Mullani, who in turn was reporting to DCP Zone-II, Kishore Jadhav, under the overall supervision of Addl. CP Crime, Shri S.M. Mushrif. A few teams had been formed, tasked with the specific job in various meetings of the Addl. CP Crime and investigation objectives were spelt out. However, no mechanism was put into place to ensure that documents being placed on record were being scrutinized and made out properly. The case diaries were not being scrutinized and made out properly. ACP Lashkar sub-division was kept out of the loop. The case diaries were being written by HC Marathe and signed by the I.O. This convoluted chain of command, no doubt, spelt disaster for the investigation process which became riddled with turf battles and ego clashes over apportioning of credit for the detection of the crime."

    Article E-Mail :: Comment :: Syndication

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