Bombay High Court Directs Police To File Affidavits In Baba Siddique Murder Case

Mumbai: The Bombay High Court on Tuesday directed the investigating officer (IO) and the Joint Commissioner of Police (Crime) to file their reply affidavits in response to a petition filed by Shehzeen Ziauddin Siddique, widow of late Congress leader and former MLA Baba Siddique, seeking transfer of the probe into her husband’s murder to an “independent and impartial agency.”

Siddique,66, was shot dead by three assailants outside his son Zeeshan’s office in Bandra (East) on the night of October 12, 2024.

A division bench of Justices Ajey Gadkari and RR Bhonsale issued the direction after the police claimed they had been in touch with Zeeshan Siddique. The bench, however, questioned this claim when Shehzeen’s counsel, Senior Advocate Pradeep Gharat and advocate Trivankumar Karnani, pointed out that Zeeshan’s statement had not yet been recorded despite repeated requests.

The petition alleges that despite clear motive disclosure, police have not questioned persons named by Zeeshan.

“Show us the case diary. You say the statement of Zeeshan is recorded. He says it is not yet recorded. Support it with a case diary,” the court said, while rejecting the police’s verbal assurance.

When Special Public Prosecutor Mahesh Mule, appearing for state, submitted that the police had been in touch with Zeeshan “many times” and had WhatsApp chats and call records to show for it, the bench remarked, “He is in contact or not, we are not concerned. Show us legally admissible evidence. This is a crime investigation.”

The court directed the IO, Kishor Kumar Shinde, and Joint Commissioner of Police (Crime) to file a reply affidavit and supply copies to the petitioner in advance.

During the hearing, the bench also sought clarification on the inclusion of respondent police officers by name. It also asked why former police commissioner Vivek Phansalkar had been added as respondent in the petition. “Why name them? It becomes in their personal capacity,” the court asked. Gharat replied, “Lapses are specifically attributed to them. Complaints were raised before them, and they have to explain.”

Gharat further told the court that Shehzeen was seeking further investigation as the earlier probe had been closed and an application for further investigation, previously filed, was withdrawn by the police.

Detailing the events leading up to the killing, the plea notes that Siddique had repeatedly raised security concerns and sought restoration of police protection weeks before his murder.

Public prosecutor Mankunwar Deshmukh said she would take instructions regarding Zeeshan’s security. The court asked whether Zeeshan had filed any recent application concerning threats, to which Gharat responded that such a representation had been made earlier and “will be filed again.”

The court directed the police to assess the threat perception and take appropriate steps. The court has kept the matter for further hearing on December 11.

Shehzeen’s petition claims the police have intentionally avoided arresting the real culprits and have attributed the killing to gangster Anmol Bishnoi, brother of Lawrence Bishnoi. She suspects the involvement of a powerful builder lobby and a political leader behind her husband’s death.

The plea alleges that investigators “intentionally avoided” probing the role of builders engaged in slum redevelopment projects in Siddique’s former constituency — areas where he had opposed exploitation of slum dwellers. “Siddique always worked for slum residents and was considered a hurdle by several developers. This angle was never probed by police,” the plea states.

The petition seeks that the probe be handed over to an independent agency or, alternatively, to a court-monitored Special Investigation Team (SIT), and that the police be directed to submit a status report.

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