Conspiracy to deny justice
BJP leaders have created a massive controversy around the words CM Kumaraswamy has said to the police officer who called to inform him regarding the murder of a JDS leader who was close to the CM, in Maddur of Mandya district recently. Kumaraswamy has already clarified his words and the emotions behind those. But using these words as a pretext, leader of opposition BS Yeddyurappa of the BJP is trying to ensure HDK is being seen as a culprit in the whole episode. But would it not be better if the BJP leaders had one look at their own national leaders?
It is rather significant to note that BJP national president Amit Shah and the other 22 accomplices went scot free in the fake encounter case in 2005 of Sohrabuddin, his wife Kausar Bi and their associate Tulsiram Prajapati. The investigation that took place around this 13 year old incident is ridden with doubts. Justice S J Sharma who heard this case had expressed deep dissatisfaction over the inability of the CBI to prove the charges against the accused. Among the 210 witnesses, about 92 turned hostile. Justice Sharma in his verdict noted that three lives were lost, but nothing can be proved in the court without evidence and that he'd offer consolation to the families of Sohrabuddin and Tulsiram. The helplessness of the justice is clearly visible in this.
Evidences have been wiped out in this case of Sohrabuddin fake encounter, his wife Kausar Bi's rape and murder along with Tulsiram's murder as well. Investigation hasn't followed proper procedure purposefully so that the court can be misled. Even the justice himself noted this aspect. In all, this case put the judge in a helpless space where he'd be forced to declare all the accused free owing to shoddy work by both the police and CBI.
Amit Shah was the home minister of Gujarat when Sohrabuddin fake encounter happened. About 38 people including Shah were accused and chargesheeted of planning and executing this murder. Supreme Court had instructed the CBI to conduct an inquiry into the matter. But even before the inquiry started, 16 people were declared innocent including Vanzara and Amit Shah. CBI Court was shifted to Mumbai owing to safety concerns. Amit Shah was absent on many occasions when the case was being heard. Judge of CBI special court JT Utpat had to issue a strict directive demanding Amit Shah's presence in the court on June 24, 2014. But then Utpat was transferred on June 25, immediately a day before this date. Justice Loya died under mysterious circumstances on December 1 in Nagpur. New justice was named on December 15. The case was heard again on December 17 and the verdict was out in December 30. About 16 people including Amit Shah were acquitted.
One aspect is very clear from this. Gujarat police didn't investigate the matter well. Crucial evidences and witnesses were destroyed. Tapes of conversation between higher police officers and between Shah and Vanzara went missing or were destroyed. In the meantime BJP assumed power in 2014 at the centre. CBI then lost interest in the case. It never appealed to the court against the acquittal of Shah and others. Witnesses were not provided with any security. System kneeled down before the powerful. Former DIG DG Vanzara is saying in the open that had Sohrabuddin and Prajapati not been killed, they would have posed a threat to the lives of Shah and Modi. This is the law and order situation in this nation.
Gujarat is a landmine of encounter deaths. The numbers are big. Former minister Garden Pandya was killed in his car when he was out for a walk on a morning. He was privy to very significant information regarding Gujarat massacre. He fell prey to mysterious bullets fired by unknown persons. When crime sits on the throne such loss of lives becomes the order of the day. Those who are sitting in the chairs of power have destroyed the autonomy and sanctity of democratic institutions. They have illegally jailed those who have spoken against them. Our administration is being used for such personal vendetta.
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Justice must be seen to be done: Kejriwal on refusal to appear in excise case before HC judge
New Delhi (PTI): Aam Aadmi Party chief Arvind Kejriwal has written to Delhi High Court Justice Swarana Kanta Sharma, saying he will not appear in the excise case personally or through a lawyer before her, the party said on Monday.
Pointing to a "grave miscarriage of justice", Kejriwal, in a four-page letter, said he has "serious and unreconciled" concerns regarding the matter.
"I have decided that I shall not participate in the further proceedings in this matter, either in person or through counsel. I do not take this step lightly," Kejriwal added.
In his letter, Kejriwal further said that "justice must not only be done, but must also be seen to be done".
"The principle that justice must not only be done, but must also be seen to be done, is among the most sacred assurances that a court gives to a citizen in a democracy," he said.
The assurance cannot be dishonoured by asking the citizen to ignore what "anyone can plainly see" in a case like this, he added in the letter.
The letter also invoked the principles of Satyagraha and the teachings of Mahatma Gandhi, with Kejriwal saying that his intent is "strengthening of judiciary and prevent its weakening".
He added that he has given the authority an opportunity to consider and correct what he perceived to be a grave miscarriage of justice.
His earlier plea seeking the recusal of Justice Sharma, which was rejected on April 20, was interpreted as a personal attack, the AAP chief claimed.
"After the said judgment, I am left with the painful and inescapable impression that what I had urged as a lawful plea of apprehension was received and answered as a personal attack upon Your Ladyship and as an assault on the institution itself.
"Those are not, with respect, answers to the case I had brought. They show me that my plea of apprehension has been judicially understood as a personal and institutional affront," he said in the letter.
The letter further noted the leader's belief that it was now "impossible to receive an impartial hearing" in Justice Sharma's court.
Kejriwal also reiterated two grounds cited earlier in his recusal plea.
"First, the issue of Your Ladyship's repeated public association with the RSS's legal front, the Akhil Bharatiya Adhivakta Parishad (ABAP) -- an organisation belonging to the ideological ecosystem of the ruling dispensation," he wrote, further pointing out that Justice Sharma's children "are professionally engaged on multiple advocates' panels of the Union government which happens to be the opposite party in this case".
Reflecting on his personal experience during the proceedings, the former Delhi chief minister expressed concern over the broader implications of his case on public trust in the judiciary, while he said he maintains respect for the institution.
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"When I appeared before Your Ladyship to argue my case, the question in my heart was simple: Will I get justice? Today, with the deepest respect, I must say that the same question has become graver and deeper in my conscience," he said.
This case has now become a matter of widespread public discussion. It is being discussed not merely in legal and political circles, but in homes across the country, the letter read.
Addressing potential criticism, Kejriwal clarified that his remarks should not be interpreted as opposition to the judiciary.
"As I write this, I am also cognisant of the fact that some might portray me as someone 'against' the judiciary. But how can that ever be the case when I have personally received relief from the judiciary, including orders of bail and the present discharge?
"Today, I walk free because of the judiciary. Let there exist no figment of imagination that my present stand is against the institution," he asserted.
Kejriwal further said his respect for the judiciary "remains intact" and he has "unwavering faith" in the Constitution of India.
"My objection is not to the institution of the High Court or the larger judicial system, but only to the continuance of this matter before Your Ladyship (Sharma) under a cloud of grave and unresolved questions and circumstances that have generated grave public doubt in your ability to dispense impartial justice," Kejriwal further wrote in the letter.
He also clarified that his "personal inability" is confined to just this matter.
"I shall continue to appear in matters where these serious and unreconciled concerns do not arise, including matters in which the solicitor general does not appear and matters unconnected with the Union government, the BJP or the RSS," the letter added.
He further said he has made the decision by listening to the voice of his conscience and that he is prepared to bear the consequences.
"I may prejudice my own legal interests. I understand that I may lose the opportunity to advance submissions before this Hon'ble Court and that adverse consequences in law may follow. I am prepared to bear those consequences," the AAP chief said.
He added that he will reserve the right to approach the Supreme Court to appeal against Justice Sharma's decision.
