A case of attempt to borrow and steal property

Builder petitions court to reopen case against minister Roshan Baig and his wife Sabeeha. They are charged with forging realtor’s signature, selling his property.

Looks like there is trouble afresh for minister for urban development and Haj, R Roshan Baig and his wife, Sabeeha Roshan from a case that deals with events 18 years ago.

A builder who was allegedly cheated and whose signatures were said to be forged by the minister and his wife, has filed a protest petition in the court over the police dropping their names from the charge-sheet pertaining to a case against them. Their names had been dropped from the charge-sheet despite the state’s Forensic Science Laboratory (FSL) saying that signatures had indeed been forged while transferring a property illegally after earlier acquiring the same by paying only the advance amount without paying the balance.

According to the complaint filed by builder Ziaulla Sharieff in October 2011, the drama dates back to 1998 when Baig was minister of state for home and Bangalore development under the then Janata Dal government.

Baig allegedly coerced Sharieff, chairman, India Builders Corporation, to agree to sell to him a penthouse situated at 38/27, Haines Road, near Coles Park, for a sale consideration of Rs 50 lakh – much below the then market rate. But he allegedly paid Sharieff only Rs 5 lakh as advance before occupying the penthouse without the latter’s consent.

Sharieff had then alleged that whenever he demanded that he be paid the balance amount, he was threatened with dire consequences.

It was in October 2011 that Sharieff got to know that the penthouse was then sold to a woman named BG Vaijayanthimala by Baig’s wife Sabeeha Roshan (also called Sabeeha Fathima). This was allegedly done on the basis of a general power of attorney (GPA) shown to be signed by Sharieff himself and the owner of the land, named Sharfunnisa, in 1998.

Sharieff in his complaint alleged that these signatures for the GPA – on the basis of which the penthouse was sold to Vaijayanthimala by Sabeeha Roshan – were forged. Based on the complaint, the Bharathi Nagar police registered a first information report (FIR) (230/2011) against Baig and his wife under Indian Penal Code (IPC) sections 420, 465, 468, 471, 384, 506, read with 34.

In the case, accused number 1 (A1) was Baig; A2 was his wife Sabeeha Fathima, A3 Vaijayanthimala; A4 Shakeel Ahmed Khan; and A5 Dayanand Pai. During the course of the investigation, the Baig couple denied the cheating and forgery charges against them, saying they hadn’t done anything illegal.

But during the investigation by Bharathi Nagar police and then by Crime Investigation Department (CID), the sleuths reportedly found that the GPA based on which the Baig couple had sold the property to Vaijayanthimala was found to be forged as per the FSL report.

Interestingly, the charge-sheet was filed by the Bharati Nagar police in January 2014 only against Vaijayanthimala and Shakeel Ahmed, who were the buyers of this particular house from wife of Roshan Baig. The police mentioned that the allegations against Dayanand Pai could not be proved. A final report filed on October 1, 2014, said the allegations against Baig and Sabeeha Fathima could not be proved.

“It is a gross miscarriage of justice that the persons who had used forged documents to sell the flat (Roshan Baig and Sabeeha Fathima) and have gained financial advantage, have gone scot-free, whereas the purchaser of the property, believing that the GPA is genuine, has been charge-sheeted,” Sharieff says in his note accompanying the protest petition.

Which is why Sharieff again approached the court with a protest petition, appealing: “In the interest of justice, the investigation of the above mentioned case must be reopened and the investigation must be conducted in a free and fair manner.”

Ravi B Naik, senior advocate representing Sharieff, said the case is in the court and trial is yet to be started. “It’s a long-pending case, and as the names of accused number 1 and 2 (Baig and his wife) have been dropped by the investigation agency, the complainant Ziaulla Sharieff has filed a protest petition in the court which is yet to come. But the issue has been under discussion between both the parties.”

Sharieff said: “After they left out the charges and the names of Roshan Baig and his wife, I have again gone to the court seeking justice. Justice may be delayed, but it will not be denied. He has committed a mistake and cheated me, he will be punished soon. Forgery has been done by them, they have committed a blunder. As of now, he is using his strong connections to close the case. But I will fight again,” Sharieff told media.

Baig denies wrongdoing

Baig mentioned to media: “It was a conspiracy against me by my political rivals. A police officer who was against me was also part of it. In 2011, when I was out of the country, they planned and lodged a complaint. TV channels were waiting half an hour before Ziaulla Sheriff arrived at Bharathi Nagar. The forensic report which said signatures were forged is also wrong. Tell me, why should I fake a signature for a small flat? It is against my ethics. I have my own standing in society to get into these kinds of illegal activities. I have documentary evidence which clearly shows that I haven’t done anything wrong. I really don’t want that flat and I am giving it back now. I will hand over the keys soon.”

Credits Bangalore Mirror

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