Senior cop to head SIT against businessman who filed complained against Param Bir

Listen

By Vidya: The Maharashtra government on Friday informed the Bombay High Court that a senior officer will be heading its Special Investigation Team (SIT) to investigate cases against builder Shyamsundar Agrawal, who registered a case against former Mumbai Police Commissioner Param Bir Singh and others.

In a hearing before a bench of Justices NW Sambre and RN Laddha of Bombay High Court, the Maharashtra government informed that Mumbai crime branch chief, Lakhmi Gautam (a Joint Commissioner of Police rank officer) will head the probe against Agrawal.

The development came during the hearing of a petition filed by Agrawal, through his lawyers Anil Singh and Sandesh Patil, seeking the quashing of a First Information Report (FIR) registered against him or at least have it investigated by an SIT.

During the hearing, lawyers Anil Singh and Sandesh Patil, appearing for Agrawal, pointed out that the FIR against their client was dormant until now, but an Additional Director General (ADG) rank police officer is digging up the FIR and "taking action and ignoring ongoing processes".

They also alleged that the police officer was allegedly in "direct collusion with the complainant, Sanjay Punamiya".

The announcement for an SIT in the case was made by Maharashtra's Deputy Chief Minister Devendra Fadnavis in the monsoon session of the state assembly to mainly investigate certain land deals done under duress in the Thane area, near Mumbai.

Further, it will look into allegations against Agrawal in which threats from the underworld were given.

During the court proceedings, lawyers Anil Singh and Sandesh Patil also submitted before the court that their client did not have confidence in the officer being appointed by the Maharashtra government to head the SIT.

The officer handed in gloves with the complainant, Sanjay Punamiya, Agrawal's counsel added.

Earlier in his petition, Agrawal said that it was Punamiya who, allegedly, by virtue of his association with former Mumbai Police Commissioner Param Bir Singh, was threatening to invoke terror law MACOCA, against him. He was under much distress that he approached the Mumbai Police and registered a case against Punamiya and police officers, including Param Bir Singh.

In 2021, following the complaint of Shyamsundar Agrawal, Sanjay Punamiya and other police officials were arrested. After the submission by Agrawal's advocates, the bench asked the Maharashtra government to see if the SIT chief could be changed.

Following the court's observations, public prosecutor Aruna Pai said that at the instance of an accused, the investigators cannot be changed.

However, when the bench said that it would then pass an order, Pai requested time to take instructions.

Coming down heavily on Pai's requests, the bench said, "No madam, we have given you a chance. This is taking chances before the court. We do not like this. We do not expect the government to act like this."The bench later agreed to grant Pai the time, and then she approached the court saying that the Maharashtra government has directed the Joint Commissioner of Mumbai Police (Crime branch) to supervise the investigation.

The bench will further hear Agrawal's and Punamiya's petitions on September 14.

A Juhu police station registered an FIR in 2021 based on a complaint by Sanjay Punamiya alleging that at the behest of Agrawal, criminal Chota Shakeel had called and threatened him and asked him to back off from a land deal.

The FIR was later transferred to the crime branch and then later to the Maharashtra CID. Punamiya also approached the court through advocates seeking an impartial investigation into the case.

The bench, while granting relief to Agrawal, directed no coercive action against him.

The case had been transferred from Juhu online station to the crime branch. Agrawal was also directed to appear before the investigating officer and cooperate in the investigation.