Despite repeated petitions to cops, Kalina man sees no hope of returning home

Roque D’Souza after visiting the CP office, in south Mumbai, on January 18. Pic/Bipin Kokate

Roque D'Souza, whose bungalow in Kalina has been usurped by land sharks in alleged connivance with senior Vakola cops, has knocked on the doors of several police officers, including the CP, to get his ancestral property back. Five days later, since his last visit for help, the 68-year-old sees no hope of returning to his home anytime soon. He was acquitted of his wife's murder and released from Arthur Road jail earlier this month.

D'Souza's multi-crore property was grabbed by Abid Ali Mushtaque Tanaji and Prem Chandran after he was falsely implicated in the murder of his wife Violet in 2017. "I am the legal custodian of the 6,500-sqft bungalow in Kalina, Santacruz East. I have learnt that the then senior inspector (SI) at Vakola police station, Kailash Avhad, helped them get access to my bungalow," he told mid-day.

D'Souza outside Vakola police station on January 14. Pic/Sameer Markande

"It's so painful that I have to go from pillar to post, at 68, to prove the ownership of my own home, while the grabbers are living peacefully in my property. I am homeless, and living at the mercy of my relatives. "The grabbers, in connivance with Avhad, conspired to falsely implicate me in my wife's murder to sideline me, so that they can snatch my home." D'Souza, who walked out of jail in the first week of January, went to five police offices seeking help.

Visit 1

On January 14, he met Senior Inspector Sunaina Nate at Vakola police station. "I submitted my complaint letter, and Nate said my statement will be recorded, and that she will collect all the documents and submit them in court. I got an acknowledgement slip." Police recorded his statement on January 15, but he didn't sign, as his counsel, Advocate Prashant Pandey, wanted to go through its contents.

The property of Roque D'Souza at Vakola. Pic/Sameer Markande

Visit 2

On January 17, he went to Vile Parle police station to meet Assistant Commissioner of Police (ACP) Shripad Kale, but he was unavailable. "After waiting for an hour, I was told that he will return at 5 pm. I submitted my complaint letter, took the acknowledgement slip and left."

Visit 3

Next, he reached BKC police station to meet Zone VIII Deputy Commissioner of Police Dr. D S Swami. "He told me he's aware of my case, and called Nate. He asked her the reason for the delay and why the case files hadn't reached court yet. She told him that my statement hasn't been signed yet. I told him that Nate was supposed to send my statement's copy to my advocate, but she hadn't yet. The DCP told me to visit Vakola police station and sign the statement."

Roque D'Souza at the residence of his sister-in-law, Jacinta Mascerenhas, at Vakola on January 19. Pic/Sameer Markande

Visit 4

Later that evening, he went to the office of Additional CP, West Region, Sandip Karnik in Bandra. "An officer told me, ‘what's the point of visiting ACP's office when you have already met the DCP'. I was told to courier my complaint to Karnik as he was not available," D'Souza recalled.

Visit 5

On January 18, he went to meet the Mumbai commissioner of police (CP) and joint CP (Law & Order) at Crawford Market. "I was not allowed to meet them, and was told to take an appointment from next time as they are busy officers... I submitted my complaint and received an acknowledgement."

Roque D'Souza with his complaint letter outside Vile Parle police station

ACP Kale on probe

Sources told mid-day that the probe was deliberately stonewalled due to the alleged involvement of Vakola police. ACP Kale told mid-day that the investigation will be restarted, as directed by the zonal DCP on January 19.

Asked why police didn't take the bungalow into their possession, he said, "After taking Tanaji into custody in 2019, Vakola police submitted a notice under Section 145 of CrPC at the magistrate court to take possession of the bungalow." However, the notice was rejected as Tanaji had already filed a suit at Dindoshi sessions court, he added.

On questioning Avhad, he said, "I couldn't get time to go through the old files of the case. So, it will be premature to comment over Avhad's role. But he and others will be called in for questioning." "The bungalow was in D'Souza's possession, as he was arrested from there in 2017. We will investigate how it was usurped by Tanaji, and who all helped him," he added.

Outside BKC police station

All documents forged

A police source told mid-day that the bungalow is now in possession of Tanaji, who is running a car garage and a salon from there. Tanaji claims to have an MoU, a gift deed and a conveyance deed. Vakola police had verified these deeds with the district registrar's office in 2019, and found them to be fake.

Avhad, now the ACP at Kherwadi division, has been accused of helping Tanaji get the keys to the bungalow from D'Souza's sister-in-law Jacinta Mascerenhas. Jacinta was made to hand over the keys to Joseph, D'Souza's brother.

Avhad rubbishes allegations

"During my tenure as senior inspector of Vakola police station, I never saw Tanaji get involved in any robbery, theft, or other crime, nor did he have any criminal background, but when I received a complaint of D'Souza, I booked him and arrested him," Avhad told mid-day. He said he has ‘never seen' Chandran and Joseph. Jacinta had alleged that Avhad had threatened to implicate her family members in a complex case if she didn't give the keys. "I handed over the key to Joseph and received a letter from him. The letter was written to the senior inspector, Vakola police station, in 2018. I was arm-twisted by Avhad and his men at the police station to hand over the keys to Joseph," she alleged. Countering her allegation, Avhad said, "I don't even know who Jacinta is and I have never met her. Why will I force her to do so?"

Outside the office of ACP, West Region, Mumbai, at Bandra, on January 17. Pics/Shadab Khan

Rubbishing the allegations made by Advocate Pandey, Avhad said, "I have served in the Maharashtra police for over three decades and never indulged in such matters." Asked if has been called in by ACP Kale for questioning, Avhad said, "I have not been called by anyone for questioning. And, why will I be called by him? I have not done anything wrong in my entire career. He is set to retire from the force later this year.

Background of Kalina plot

One Brazil Policrap Anacatius resided on this plot before 1957. After he left, the property came into the possession of Louis D'Souza, Roque's father. In 1957, the then government ordered that people can stake claim to the property they are residing at, for which they need to register with the government and get a card. Louis registered the Kalina property, which has three shops and one small house that Roque put up on rent. The property card is still in Louis's name. However, Tanaji changed the owner's name on the electricity bill with fake documents.

Conveyance deed

Vakola police said the conveyance deed was between Ebrahim Rajan Meghoji and Abid Ali's father Mushtaque Tanaji, registered at district registrar's office at Bandra division, on April 3, 1980. Vakola police, however, found out that the deed's serial number: 2507/80 was wrong. In 1980, the total registered deeds were 2030/80.

Gift deed

This gift deed between accused Abid Ali and Mushtaque was signed in 1999, with serial number: 6120/1999. It states Mushtaque gifted this property to his son Abid Ali. However, Vakola police found the deed to be fake after checking it with the sub registrar's office. In 1999, the serial number of the last deed was 3990, they learnt.

Sale deed

In India, the city title survey (CTS) number was started by the government in 1960. However, Abid Ali forged the sale deed and mentioned the date as April 18, 1951. The deed stated that Anacatius sold this property to Ebrahim Rajan Meghoji.