KOCHI: The Tripunithura Judicial First Class Magistrate Court has directed the Hill Palace police to register a case and conduct an investigation into the alleged wrongful detention and intimidation of a Kochi-based businessman over a disputed Rs 10-crore payment.
The order, issued on August 21, came on a petition filed by Nihas Musthafa, managing partner of Kochi-based export firm Premier Marine Foods. Nihas alleged that seven persons, including two Andhra Pradesh policemen and two partners of Andhra-based Sree Sai Lakshmi Aqua Trading Company, forcibly detained him at his Tripunithura residence on June 23 and threatened him and his family to make him sign an agreement and cheques.
“The Station House Officer, Hill Palace Police Station, shall register a case, conduct a fair investigation, and file a report before this court,” the court said.
According to Nihas’ counsel T R S Kumar, the Andhra businessmen claimed that Nihas owed them Rs 10 crore for shrimp supplied for export. The alleged transactions, however, date back around four years, and Nihas maintains that all dues were cleared through bank transfers and payments made through agents representing the Andhra company.
Kumar alleged that when Nihas refused to accept the demand, the seven-member group entered his house and threatened to keep him in confinement until he signed the documents and handed over the cheques. He was also allegedly threatened with his life. Nihas and his brother were subsequently taken to the Hill Palace police station. According to Kumar, the police told them that they could not intervene and sent them back.
The Andhra police personnel allegedly told Nihas that a criminal case had been registered against him in Andhra Pradesh under Section 420 of the IPC, now corresponding to Section 318(4) of the Bharatiya Nyaya Sanhita, based on a complaint by Sree Sai Lakshmi Aqua Trading Company.
Nihas later approached the Hill Palace police with a complaint, alleging that the agreements and cheques had
been obtained through coercion. When no action followed, he approached the Kochi City Police Commissioner and subsequently moved the magistrate court.
Kumar said CCTV footage from the Hill Palace station, documents relating to the alleged payments, and evidence of the assault were produced before the court.
“They tried to create evidence to support their case,” he told TNIE, alleging that the accused used pressure tactics instead of pursuing the matter through legal channels.
“If Nihas had defaulted, the Andhra cops could have arrested him and put him in jail. But they resorted to underhanded means to create evidence,” Kumar said.
The Hill Palace police said they were aware of the matter but had not yet received the court order. “We are yet to receive the court order because it’s Onam holidays now. Once the order is received, we will initiate the necessary steps as directed by the court,” a police officer said.
Money trail
Andhra Pradesh businessmen allege Nihas Musthafa owed them Rs 10 Crore over shrimp trade
June 23: A group of seven men allegedly detains Nihas at his Tripunithura home and threatens him and his family
He is allegedly made to sign an agreement and cheques
Nihas approaches the Hill Palace police and the City Police Commissioner but alleges no action followed
August 21: The magistrate court directs the Hill Palace police to register a case and launch a probe