Mr Pradeep Sharma’s complaint is the first direct police complaint against the Chief Minister Narendra Modi and the registration of the complaint would have had a devastating impact on the political leaders named in the complaint. The complaint raises very serious charges of misdemeanor and unauthorized exercise of power by the highest constitutional authorities of the State of Gujarat. One very sacrosanct right of personal freedom is the right to privacy which is recognized by the Constitution. Any illegal or unauthorized phone tapping or interception of messages is considered to be a serious violation of this fundamental right, specially when ordered and carried out by people of the level of Chief Ministers and Home Ministers. A small extract from the complaint would exemplify this aspect:
4. However, later during my judicial custody in Palana Jail, I began to receive inputs that indicated a different reason for the Chief Ministerâ€™s personal anger against me. It turned out that the reason of his resentment was both the proximity of Mansi Soni to me and the fear that she was perhaps sharing with me the details of her intimate relations with the Chief Minister.
8. â€˜Cobrapostâ€™ and â€˜Gulailâ€™, two news internet websites, have recently released on 15.11.2013 a series of telephonic conversations between Shri Amit Shah, then MoS (Home), and Shri G.L Singhal, IPS, during the period August â€“ September 2009. Shri GL Singhal was the Superintendent of Police (SP) of Anti Terrorist Squad (ATS), Gujarat State, Ahmedabad at that time. The taped conversations reveal that Ms. Mansi Soni and I were placed under an all-pervasive and intrusive surveillance â€“ both physical and electronic (i.e. telephone interceptions and manual watching/ following) â€“ at the behest of a person referred to as â€œSahebâ€ by Shri Amit Shah. The conversations made it apparent, and it has also been confirmed from the side of Shri Narendra Modi (through his party office/ spokesperson), that the â€œSahebâ€ in the conversations is Shri Narendra Modi, the Chief Minister of Gujarat, who was also the Home Minister of the State. These tapes also show the involvement of Shri Arun K Sharma, IPS, then Inspector General of Police (CID Intelligence), and his subordinates Shri Vaishnav, then DySP (CID Intelligence), Shri Dabhi, Intelligence Officer (CID Intelligence), at Gandhinagar in these unlawful telephone interceptions and surveillance.
After the refusal by the Police Inspector of Sector-7 to register the FIR, Pradeep Sharma went in the evening to the District Superintendent of Police of Gandhinagar Mr Sharad Singhal to direct the PI to register the FIR but he also refused to comply with the law. Both the officers were informed by Pradeep Sharma that by a recent ruling, the Supreme Court had made it mandatory for Police officers to register a complaint if it discloses any cognizable offence. The Director General of Police Mr P C Thakur was also given a copy as the officers had deliberately refused to obey the Supreme Court’ss general order.
Mr. Sharma was contemplating taking action against the police officers also alongwith moving the High Court for appropriate directions to register the FIR. Truth of Gujarat would reiterate at the cost of innumerable reiterations that the criminal justice system of Gujarat has wholly collapsed and this is yet another instance of Gujarat police poking their nose at the law.
The complaint of Pradeep Sharma has in fact demolished the futile defense of BJP in the Mansi snooping scam – Till now BJP was defending the scam by contending that as Ms Mansi Soni had not filed any complaint complaining about her snooping/tapping, the Government or even NCW couldn’t take any action. But now that a legal complaint has been filed by Pradeep Sharma, a person directly aggrieved by the illegal snooping/tapping, the Government has refused to register an FIR. These are the double standards of Modi which he wants to spread across India!