The Bombay High Court has been informed that the Maharashtra government has initiated two internal investigations against ‘encounter specialist’ Daya Nayak. These inquiries are in response to allegations that Nayak orchestrated the arrest of individuals by extorting money from them under false pretenses.
The Maharashtra government has disclosed to the Bombay High Court its initiation of two departmental inquiries against renowned ‘encounter specialist’ Daya Nayak. This move comes in response to serious allegations leveled against Nayak, accusing him of extortion and wrongful arrest under the guise of an alleged fake case pursuant to the Narcotic Drugs and Psychotropic Substance (NDPS) Act.
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Chief Public Prosecutor Hiten Venegaonkar, representing the Maharashtra government, informed a bench comprising Justices Ajay Gadkari and Justices Shyam Chandak of the completion of two investigative reports concerning the allegations against Nayak. Venegaonkar’s disclosure came during a court session where he was also instructed by the bench to formalize his submission through an affidavit, should he choose to proceed in that manner.
The legal battle saw Advocate Ghanshyam Upadhyay stepping in for the petitioners, who pressed for access to the inquiry reports. Despite their request, Venegaonkar expressed his preference to present the findings directly to the court at the subsequent hearing. This legal tussle is set to continue, with the court scheduling the next session for February 27.
The petition at the heart of this controversy has been filed by three individuals: Mohammed Wasim Abdul Latif Shaikh (47), Mustafa Zulfiqar Charniya (37), and Tanveer Abdul Aziz Paryani (47). Their plea not only seeks justice but also the establishment of a Special Investigation Team (SIT) led by a retired high court judge to thoroughly investigate their accusations against Nayak.
Background of the Allegations
The narrative dates back to 2019, with Nayak, then attached to the Amboli Police Station, embroiled in a sandalwood seizure operation. One Sayed Inayat Ali Yawar Abbas, also known as Mohammad, emerged as a suspect. According to the petitioners, Nayak demanded a hefty sum of Rs 25 lakh from Mohammad for his release, of which only Rs 10 lakh was paid. Unable to fulfill the entire demand, Mohammad, in consultation with the petitioners, decided to approach the Mumbai Anti-Corruption Bureau (ACB) with a complaint against Nayak.
Their attempt to ensnare Nayak in a corruption trap, however, was thwarted by his assignment to security duties during a rally by Congress leader Rahul Gandhi in Mumbai on March 1, 2019. The petitioners allege that Nayak, upon learning of the complaint, conspired with officials from the Anti–Terrorism Squad (ATS) Vikroli unit, leading to their wrongful implication in an NDPS case.
The aftermath of these events has seen the three men arrested by the ATS between October 16 and October 20, 2019, as part of a larger group of 13 accused. Despite the passage of time, they remain incarcerated, with their trial still pending.
This unfolding saga not only highlights the complexities of law enforcement and the judicial process but also underscores the critical need for transparency and accountability within the system. As the Bombay High Court prepares to delve deeper into this case, the outcomes of these inquiries and the subsequent legal proceedings will be closely watched by all stakeholders, signaling a pivotal moment in Maharashtra’s ongoing battle against corruption and misuse of power.
Published by Prateek Chakraborty on February 15, 2024, this case represents a significant moment in the intersection of law enforcement, judicial scrutiny, and the quest for justice in Maharashtra, setting a precedent for future cases involving allegations of misconduct against police officials.
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