Case involving Baba Siddiqui transferred to CBI: HC

Mumbai, Nov 30 (UNI) The Bombay High Court today transferred the investigation of illegal demolition of certain residential flats at Khar in North-west Mumbai from the police to Central Bureau of Investigation.

The petition has been filed by Lalchand Soni and his son who have alleged that their flats in Om Satnam Cooperative Housing Society at Khar here were partly demolished by men hired by one Gopal Sharma, who is allegedly close to Congress MLA from Bandra, Baba Siddiqui.

A Division bench comprising Justices S B Mhase and S R Sathe, while transferring the investigation, held that considering the manner in which the investigation was done was not fair even if it was handled by high ranking officials.

The judges have also directed the Commissioner of Police to initiate a preliminary enquiry against the investigating officer (IO ) in the case.

Justice Mhase said, ''We do not have faith in the state machinery,'' considering the submissions of the petitioners as well as the state. ''The conduct of the IOs requires absolute screening,'' he said.

The petitioner claimed that on June 28, 2005, balconies of two flats belonging to him and his son were pulled down. The demolitions were, however, not carried out by the Brihanmumbai Municipal Corporation but by goons.

The petitioner also alleged that he had lost goods worth Rs two lakh during the demolition and had lodged a complaint with the police. However, the police book no action. But later he recovered the lost material without the police making any arrests.

The court held that the involvement of influential persons may have hampered influenced the investigation.

The petitioner told the court that Sharma and his sons had obtained anticipatory bails in the case from the sessions court.

The Law and Judiciary Department had, however, not granted permission to the public prosecutor to challenge the bail in the High Court.

The court observed that the state was influenced by the accused in the case and did not grant permission for cancellation of the anticipatory bail.

In fact, after the case was being heard by the High Court, the Division Bench had said they would monitor the investigation but the police did not even inform the court that the chargesheet had been filed on October 13, but told the court that the petitioners were not co-operating with them.

The judges said the proceedings convinced them that the state has no desire to investigate the case and it should be transferred to the CBI.

Chief Public Prosecutor Satish Borulkar later told reporters that the CBI would have to file its report after four weeks, submitting the progress on investigations as the court was going to monitor the same.

UNI ARM OBB YA RN1946