Aap Court ke Chakkar Kaat ke Budhe aur Pagal Ho Jaoge…

Jyoti Ghag for BeyondHeadlines

Around August of 2005 I filed a complaint with Anti- Corruption DG Mr. J.D. Virkar at his Worli Mumbai office against Mr. Shirke. I received letter from Anti- Corruption office stating that they have started discreet enquiry- AVB/BMU/E.D.No.52/2005 against Mr. Shirke. During follow up of the investigation I was told by DG Mr. Virkar that Anti- Corruption officer ACP Mrs. Pradnya Sarvade has been investigating my complaint.

I received an email from their office asking about more evidences against Mr. Shirke which I sent them. Around year 2006/ 2007 I visited ACP Mrs. Sarvade at her Mumbai office to learn about the progress of the said investigation. She informed me that the investigation has been closed due to not having sufficient evidences against Mr. Shirke. I asked her to give me the said reply in written that she obviously refused by giving me lot of attitude. I left India same night. I knew that Anti- Corruption Mumbai officials were protecting Mr. Shirke who is one of them.

I was not ready to take no for an answer but had to keep quiet for few months. Around 24/4/2008 I met Mrs. Sarvade’s replacement, Anti- Corruption Mumbai officer Mr. Raja Pawar with same request. I received the letter from Officer Mr. Pawar that the investigation against Mr. Shirke is not just on going but the discreet enquiry against him has turned into open enquiry # 33/2007. It was very obvious that the Anti-Corruption investigation officers especially ACP Mrs. Sarvade was protecting Mumbai Police Officer Mr. Shirke.

Interestingly around same time I learned from my Bombay High Court lawyer that Meena has turned her Objection in regards to Dad’s registered will into No Objection and have filed her changed say to Bombay High Court.

Meanwhile Manish couldn’t survive physical, mental torture in Sushma’s hand and had major mental break down once in January 2006 and another one in March 2008. I admitted him both the times to Masina Hospital at Byculla under Dr. Yusuf Matcheswalla’s treatment.

Aap Court ke Chakkar Kaat ke Budhe aur Pagal Ho Jaoge…Dr. Matcheswalla failed to inform me that Manish could get treated at Masina for discounted rate since he is unemployed. I paid around 3 lakhs rupees to Dr. Matcheswalla for Manish’s six months treatment at Masina Hospital between January ’06 and June’06. Dr. Matcheswalla suggested that I should not send Manish back to abusive situation and if at all possible then should be keeping him with me in protected environment. I decided to take him with me to my Washington home. It was quite a challenge to make the Passport and arrange for US visa knowing that he doesn’t have single document of his existence. It took me four months to gather his Birth Certificate, collage graduation documents, ration cards and other regarding papers.

I arranged for his ticket, visa and one of my husband’s friend escorted him from Mumbai to our Washington home around September 2006. Manish was very happy having loving, caring people around him. He had wonderful time with our kids, made few friends at Sammamish Community centre where he volunteered his time for almost 8 months. I tried to keep him away from his past bad memories. I wanted Manish to be physically, emotionally strong and completely as normal as he was before year 1998. I also wanted him to have psychological evaluation and counselling from US psychiatrist. I arranged for his session at Seattle Washington Hospital but Dr. Matcheswalla refused to forward Manish’s medical file of his history and medical treatment which he claimed giving it to Manish .

Unfortunately Manish had to return India without getting any evaluation even after spending eleven months in Washington. Manish reached Dad’s home in Thane sometime in October 2007 and once again tried to survive physical, emotional abuse in Sushma’s hand. I was deeply concerned about him. Sushma was absolutely being fearless under Vartak Nager Police protection and support. Around March 2008 I learned that Manish needed an Urgent psychiatric help or could lose him to psychiatric ward for good. I had no other option then getting him admitted to Masina Hospital. Dr. Matcheswalla was aware about Manish’s medical history and was having the file of his past psychiatric treatment so decided to admit Manish under his care. I flew to India and personally admitted him to Masina Hospital around 21/3/2008.

In same India trip I tried meeting Thane CP Mr. Shivanandan with the complaint so he could order his officials to take urgent action against Sushma and Vartak Nager police. I also wanted to find out about the progress in regards to my Dad’s murder investigation, the order he had received around 30/4/2005 from Home Minister Mr. R.R. Patil.

When I visited CP Mr. Shivanandan I was told by his Officials that they have lost years of regarding complaints, documentation between October 1998 and 2008. When Vartak Nager police too came up with same response I submitted the copies of said acknowledged documents to both the offices around April and June 2008. I also tried to file one more detailed complaint against my Dad’s murderers dated 19/4/2008 which CP Mr. Shivanandan refused to acknowledge and asked me to meet Thane CID of Crime Detection DCP Mr. Sanjay Shintre. DCP Mr. Shintre was not available in his office so I ended up meeting his junior Police Sub- Inspector Mrs. Suvarna Shinde. She asked me to visit around 21/4/2008.

When I reached her on that day she took me to DCP Mr. Shintre’s office. I was shocked the way DCP Mr. Shintre treated me. He threatened me saying that,” I need to back off from pushing Thane police with my father’s murder investigation or should be ready to face severe consequences.” DCP Shintre’s this threat made me escalate my complaint against Thane Commissioner Officials to Director General of Maharashtra Police Mr. A. N. Roy. DGP Mr. Roy’s officials Mr. Ganesh Doiphode informed me about my complaint getting forwarded to newly appointed Thane Commissioner of police Mr. Anil Dhere for further investigation. Around 3/6/2008 I met CP Mr. Dhere in his Thane office. He was not being aware of past CP and DCP Mr. Shintre’s involvement in protecting Dad’s murderers and Manish’s abusers, gave DCP Mr. Shintre an order of time bounding investigation.

I found Vartak Nager police and Thane Crime Branch police officials being very reluctant to act on every investigation order which their higher authority was issuing in regard to my father’s murder time and again. DCP Mr. Shintre was visibly angry with me because even after his threat I refused to back off and reached Director General of Police.

In spite of getting strict order of the said investigation from CP Mr. Dhere, he refused to act on CP and DGP Mr. Roy’s order dated 28/5/2008 which was also based on Home Minister Mr. R.R. Patil’s order dated 30/4/2005. DCP Mr. Shintre refused to take my detail statement and also refused to file FIR against Sushma, Meena, Sunanda and others. Instead he made me give short statement to lady sub inspector from Samajik Surksha Kaksha Office and forced me to go to Vartak Nager Police station with Vartak Nager Police Sub Inspector Ms. Meghana Burande in late evening of 3/6/2008. Before leaving Samajik Surksha Kaksha office, I asked the lady PSI for the copy of my said statement which she refused.

Vartak Nager Police Sub Inspector Ms. Meghana Burande escorted me to Vartak Nager Police station. She handed over the copy of my statement dated 3/6/2008 to Vartak Nager Police Station in charge inspector Mr. Bajirao Bhosale but both the officers refused to give me copy of my said statement. Since the statement dated 3/6/2008 was not detail I requested PI Mr. Bhosale to record my new detail statement before filing FIR. But he refused to take my statement and also refused to file the FIR in my presence against my Dad’s murderers and my brothers’ abusers. My repeated request made PI Mr. Bhosale to call their legal adviser Mr. Ajay Varekar to Vartak Nager police station that night. Mr. Varekar went through my file of the documented evidences and advised PI Mr. Bhosale to file the FIR against Sushma, her mother Sunanda and Meena Shirke under charges of extortion and intention to cause grievous hurt to my Dad and violating Manish’s Human Rights. But PI Mr. Bhosale not just denied Mr. Varekar’s advice but asked me to get Thane Court order in regards to filing FIR against said people.

Mr. Varekar introduced me next day on 4/6/2008 to his Lawyer friend Mr. Gaurish Kadam who practices in Thane District court. Mr. Kadam asked me to pay 40,000 rs as his legal fee for helping me get court order from Thane court against Sushma, Meena, Sunanda and others. The whole process was so much confusing for me that I requested Mr. Varekar for some time to think and left India around 5/6/2008 with heavy heart. I wanted to keep series of illegal incidents on Thane Police record while making them aware with Sushma, Meena, Sunanda and Vilas’s criminal history so sent number of emails between 9/6/2008 and 30/6/2008 to Thane CP Mr. Dhere and to Vartak Nager PSI Ms. Meghana Burande.

Neither Thane Commissioner Police officials nor Vartak Nager Police Sub Inspector Ms. Burande were responding to my any emails or phone calls. Thane Police never informed me about FIR being filed against Sushma and Paresh or my complaint dated 19/4/2008 and statement dated 3/6/2008 being under active investigation. But Anti- Corruption Mumbai police officials were responding to my every email and phone calls. In fact when Thane police were being very reluctant to file FIR against my father’s murderers and brothers’ abusers, Anti- Corruption police officials were actively investigating money laundering charges against Mr. Shirke with keeping me informed about it.

Eventually Anti- Corruption Assistant police Inspector Mr. Beldar recorded my detail statement. I was pushing Anti- Corruption Mumbai police officials to investigate Mr. Shirke in timely manner as he was openly bribing Thane Commissioner Police officials and Vartak Nager Police officials. Sushma was being very vocal about Mr. Shirke and Ketan’s corrupt, illegal practices.

It’s my observation that Mr. Shirke and Thane police officials tried to divert my energy and focus from his Anti- Corruption investigation to my Dad’s murder investigation while falsely putting Paresh and me in legal trouble. I was going through lot of mental and physical stress due to experiencing corrupt practices in Thane Police department. Unfortunately around same time I was diagnosed with bilateral Cholesteatoma which made me even more fragile physically and emotionally.

Around 16/9/2008 I had a productive communication with Anti- Corruption DCP Mr. Satam and received multiple e-mail communication from those officials. And incidentally around 23/9/2008 I was informed by PSI Ms. Burande and Vartak Nagar In charge Police Inspector Mrs. L.S. Donde that my brother Paresh was in Vartak Nagar Police custody in regards to investigation of the FIR which I filed at Vartak Nagar police Station against Sushma and Paresh in June 2008. I never filed any FIR or complaints against my either brothers but did file number of complaints over the years against Sushma, Sunanda, Meena, Vilas and Ketan.

In spite of this fact my emotionally unstable brother was in Vartak Nager Police custody while real criminals were being untouched. I had to abandon my rest of the medical treatment even of knowing the consequences I might face physically, rushed to India to rescue Paresh because his life was being in immediate danger in hands of his abusers and Thane Police.

thin forty eight hours of Paresh’s arrest, early morning around 25/9/2008, I landed at Mumbai Airport and informed PSI Ms. Burande about coming to Vartak Nagar police station in next couple of hours to bail Paresh out from their custody. I regretted making that phone call because when I reached to Vartak Nagar Police station hour later, Inspector Mrs. Donde informed me that Paresh was transferred from police custody to Thane jail early that morning by PSI Ms. Burande. My suspicion around Paresh’s false arrest even grew more knowing that Police was making it difficult for me to rescue Paresh.

I was very curious to see the copy of FIR which Vartak Nager police claimed was filed by me around June 2008. PI Mrs. Donde refused to give me the copy of said FIR even after making me visit Vartak Nager Police station multiple times between 25/9/2008 and 27/9/2008. I realised that Vartak Nager Police officials were acting under Mr. Shirke’s influence. Around 27/9/2008 Sushma and her close friend Mr. Vikrant Chavan threatened me with my life front of PSI Ms. Burande. Same day Sushma also called my husband on his cell in Seattle Washington and threatened him with my life. He was so worried about me that ended up filing e-complaint to Thane Police Commissioner against Sushma.

Sushma kept threatening me to the point that added mental and physical stress took toll on me. I was admitted to the ICU at Wockhardt Hospital in Mulund, Mumbai around 28/9/2008. I was diagnosed with sever anxiety attack and my medical investigation reports shows that it possibly could have led to massive Heart attack. I couldn’t rest in fear of losing Paresh to Thane Police’s brutality.

I couldn’t wait till coming out of the hospital for filing a complaint against PI Mrs. Donde. Around 1/10/2008 I made multiple phone calls from my Hospital room and filed verbal complaints at Thane Police and Mumbai police control rooms against Police Inspector Mrs. Donde in regards to refusing to release FIR copy and for illegally restraining my innocent, mentally tortured brother in Thane jail. Interestingly PI Mrs. Donde visited me in the hospital within couple of hours after complaint being filed at Police Control rooms against her.

She handed over the original document of FIR 145/2008 and Thane session Court Judge Mrs. Bharti Kale’s contact number in presence of Vartak Nagar Police Constable Mr. Pashate. PI Mrs. Donde was so much in panic state of mind that she voluntarily informed me about JMFC, 1st Class 2nd Court Thane Judge Mrs. Bharti Kale’s involvement in process of putting Paresh in Thane Jail on morning of 25/9/2008. I was shocked with that information and was very much disturbed to see the unsigned FIR 145/2008 which was filed on 12/6/2008, almost seven days after my departure from India.

The written information on the FIR 145/2008 is absolutely false as my statement dated 3/6/2008 was handed over to Vartak Nager in charge police inspector Mr. Bajirao Bhosale in my presence by PSI Ms. Burande on 3/6/2008 not on 12/6/2008. And my said statement dated 3/6/2008 which Vartak Nager Police copied on FIR 145/2008 is against Sushma, Meena and Vilas not against Paresh.

Around 3/10/2008 I first met Thane CP Mr. Anil Dhere and then DCP Mr. Bujangrao Shinde in their offices. I showed both of them the evidences against Thane Police officials’ foul play in regards to FIR 145/2008 and Paresh’s illegal restrained. I requested both these high rank police officers to make Vartak Nager police find the urgent legal way to bring Paresh out of jail even though they adopted illegal way to put him there. Both these commissioner officials refused to help me in squashing that false FIR and in releasing Paresh from Thane jail. I still recall the communication DCP Mr. Shinde and I had on that day about Paresh. DCP Mr. Shinde accepted noticing Paresh being emotionally unstable on the day he first time met him.

But further said when Paresh was asked about his arrest by Vartak Nager police he seemed to be ok to go to Jail. I was speechless with his statement. I made multiple trips to Home Minister’s Mantralaya office but even Home Minister’s personal assistant Mr. Sarvade refused my every request of letting me meet the Minister. Surprisingly next day Vartak Nager Inspector Mrs. Donde showed me the SMS which She received on her cell from Mr. Sarvade saying that Vartak Nager police shouldn’t arrest Sushma, Sunanda and Meena.

One thing was clear to me then that Vartak Nager Police was being puppet all along in Thane Commissioner Officials and Maharashtra Home Ministry officials’ hands. I ran between pillars to post for almost three weeks but every related Government officials not just refused to help me with Paresh’s release but ridiculed and defamed me. I was going through lot of mental pressure during that time frame as Paresh was being in Thane Jail and Dr. Yusuf Matcheswalla for some reason started threatening me with Manish’s safety. I was getting threatening emails from him and from his admin Mr. Jatish Shah.

I had to choose between Manish and Pares, whom to rescue first. I was somewhat in ease knowing that Dr. Matcheswalla won’t dare to actually hurt Manish physically. But was very positive about Sushma, Meena and Vartak Nager police going to any extend to torture Paresh further which could have led to his murder.

I was absolutely unaware of Indian Criminal Law at that time so after realising that Thane police have put me and Paresh in serious legal trouble I rushed to meet renowned Criminal Lawyer from Thane Mr. Satish Samant. He agreed to meet me but being busy with the pending matters ended up sending me to his associate lawyer Mr. Jaideep Thakkar. The picture Mr. Thakkar Portrayed about Thane District Court Judges and with their corrupt practices made me go num. I felt like I am standing in the high end market to buy the agents of Indian Judiciary system. Mr. Thakkar asked me to pay five lakhs rupees cash in one shot so he could pay Thane Court Judge for bringing Paresh out of jail within couple of hours.

I had no intention to bargain for my and Paresh’s Constitutional and Human Rights but still continued communicating with him. I asked Mr. Thakkar,” instead of cash can I Please pay you with my NRI account check which you could cash before bringing Paresh out.” As I expected he denied my request saying,” he is not in practice to keep any evidence of this back door activity.” Mr. Thakkar had this communication with such a confidence that he knew I cannot bring him or Thane Court Judges down for their routine corrupt practices.

This entire incident took place in front of Lawyer Mr. Vardhan Desai who escorted me from Mr. Samant’s office to Mr. Thakkar’s office. I left Mr. Thakkar’s office in determination of educating myself enough with Indian Criminal Law so I could represent myself and Paresh in Thane Court, which I did.

Around 13/10/2008 I appeared in front of Thane 1st Class, 2nd Court Judge Mrs. Bharti Kale and gave my written statement about Vartak Nager police arresting Paresh with false FIR145/2008 and illegally restraining him. Interestingly Judge Mrs. Kale ordered Paresh’s release without even reading my statement dated 13/10/2008 or without giving me chance to produce related evidences against Vartak Nager Police and Thane Commissioner Police officials. Judge Mrs. Kale didn’t even order me to pay any bail amount and released Paresh in hush hush manner. After receiving certified copies of JMFC Thane court case proceedings in regards to FIR 145/2008 around 20/10/ 2012 I realised why Judge Mrs. Kale was in hurry to release Paresh in no time.

Look at the copy of Sushma’s bail application, PI Mrs. Donde’s false statement in letter dated 5/12/2008, RTI reply dated 9/12/2008 and most importantly look at the unsigned, forged witnesses statements Vartak Nager Police filed to Judge Mrs. Kale during court proceedings in regards to FIR 145/2008. It’s more shocking that Judge Mrs. Kale not just accepted those forged documents and ended up restraining Paresh in Thane jail illegally but didn’t even give him single chance of filing for bail till the day I reached her. Paresh ended up being in police custody followed by Thane Jail without having any bail hearing for 21 days. I knew that Paresh will need urgent psychological counselling which Sushma won’t provide so I requested PSI Ms. Burande to keep Paresh’s release as secret and have him release in my custody. But she refused my request and instead released him in Sushma and Meena’s custody, the wife and a sister who put Paresh in jail at first place.

Paresh visited me at our Dad’s house the next day of his release. He was extremely quite while packing the bag with his belongings. I thought he should be informed with the facts of his false arrest and illegal restrain. I showed him the copy of said FIR along with the copy of the application which Sushma filed to get her Anticipatory and interim bail together on 24/9/2008, almost 36 hours after his arrest.

I tried making him understand how his wife, his elder sister, Police officer brother in law, criminal Lawyer cousin Ketan used him as an escape goat to cover for the crimes which they all committed against Dad and continued committing against him and Manish. I showed Paresh how Thane police played crucial role in filing False FIR 145/2008 against him without my knowledge and made him believe that I filed that FIR against him so I could take him out of Dad’s property for good.

It was very clear that Dad’s murderers and Thane police were behind Paresh’s false arrest. The information Thane police provided in RTI reply letter dated 9/12/2008 is absolutely false because I submitted the entire lost documentation to Thane Commissioner Office and to Vartak Nager police in June 2008 through emails and also submitted in person around October 2008. The rain storm Thane Police claims happened in July 2005 not in July 2008.

And very important question is, how on the earth did the rain water only destroy the years of documents from Vartak Nager Police Station that were connected to my Dad’s murder investigation. Vartak Nagar police obviously did not close every criminal investigation between year 1999 and July 2005 because of the rain water had destroyed all the files from Vartak Nagar police station. Why Vartak Nager police didn’t recover all the related documents between those years from Thane Commissioner Office? Also, how could Vartak Nagar police save the FIR 145/2008 which was filed on 12/6/2008? If Vartak Nagar police lost entire record between year 1999 and July 2005 in July 2008 then how could they investigate the complaints of the crimes which were committed between year 1999 and January 2003? If Vartak Nagar police had destroyed all the documents and evidences in related to Dad’s murder and Manish Paresh’s abuse then how could Thane Police come up with multiple detail investigation reports and defame me for years by suggesting that I am after my father’s property and trying to turn this family property dispute into murder investigation.

Angry Vartak Nager Police and Sushma tried putting me in even more legal trouble. Around 4/12/2008 Vartak Nagar police helped Sushma in filing FIR 349/2008 against me under charges of breaking and robbing my Dad’s place on night of 3/10/208. I suppose PI Mrs. Donde and PSI Ms. Burande forgot giving me police escort to enter my father’s home on 3/10/2008 midnight. Both the lady officers were talking to me simultaneously on the phone while Vartak Nagar Police constable Mr. Shekh and other male Police Sub Inspector physically helped me enter my father’s home on that night. Vartak Nager police Sub Inspector Mr. Sawant was threatening me with confiscating my US Passport instead of investigating the mentioned charges in FIR 349/2008 which he knew were false.

My Lawyer Mr. Deepak Naik charged me absorbent amount to get bail from Thane District court in regards to FIR 349/2008. I took help from American Consulate Mumbai office and evacuate myself from India around 21/12/2008 after receiving the said bail. Interestingly around June 2009 when Anti- Corruption officers were actively investigating Mr. Shirke , I was informed by PSI Ms. Burande that Vartak Nager Police took Thane Court permission for closing the court case in regards to FIR 349/2008 matter with “A” summery.

I filed detail complaint to Chief Minister of Maharashtra Mr. Ashok Chavan around February 2009 against Thane Police and requested him for transferring Dad’s murder investigation to Mumbai Police. I was constantly in touch with Mr. Chavan’s personal assistant Mr. Shambharkar. He eventually informed me that CP Mr. Anil Dhere filed investigation report dated 24/4/2009 to CM Mr. Chavan stating my complaints in regards to my father’s murder are false. The said investigation report dated 24/4/2009 is nothing but duplicate copy of RTI reply dated 9/12/2008 which I received from Thane police.

(The writer, Jyoti Ghag, daughter of second World War veteran & retired (1974) Mumbai Police Officer.)

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