Rajinder Kumar is an accused charged with murder: Mr Jaitley should remember the distinction between an accused and an IB officer

Arun Jaitley's diminishing legal acumen and ethics are on full display when he defends Ishrat's fake encounter
Arun Jaitley’s diminishing legal acumen and ethics are on fully display when he defends Ishrat’s fake encounter

Arun Jaitley, the leader of opposition in Rajya Sabha, has more faith in casual statements issued by cross-border terrorist organization like Jamaat-ud-Dawa or LeT terrorists like David Headley to denounce a young Indian girl Ishrat Jahan as a “terrorist†than the report of SIT appointed and monitored by the Gujarat High Court holding that Ishrat was abducted and murdered by the Gujarat police at Ahmedabad! Even more shocking is the reason put forward by Jaitley to rubbish a report accepted by the High Court and further investigation ordered by CBI. The reason given by Jaitley are as follows:

After being investigated by an SIT set up by the Court the case is referred to the CBI for investigation. Among the officers associating with the investigation  was a person who was selected by Ishrat’s parents who were petitioners. The SIT comprised of three persons, one of whom was the petitioner’s Nominee. A large number of policemen, named in the FIR, belonging to the Gujarat Police are arrested. Negotiations are held with them and a political bargain is struck.

Firstly let me point out a flagrant factual error. Ishrat’s parents did not nominate any officer in SIT. On behalf of Javed’s father, I had submitted a list of three police officers from whom the High Court chose one officer to be a member of SIT. His name was IGP Satish Verma IPS. Gujarat Government nominated IGP Mohan Jha as their nominee and Central Government Government had nominated Karnail Singh as Chairman of SIT who was first changed to Satyapal Singh and eventually changed to Shri RR Verma. The final report of SIT submitted to High Court was unanimously signed by all three members of SIT including the nominee of Government of Gujarat Shri Mohan Jha. Mr. Jaitley’s attempt to fault the report because the High Court permitted Satish Verma to be a member of SIT reflects a very frustrated opposition leader.

Ever since the Supreme Court in Sohrabuddin-Tulsi Prajapati case withdrew the investigation from Gujarat police and transferred it to CBI, a panic had gripped the BJP leadership and Narendra Modi. They managed to scrape through the Zakhiya Jafri case more by manipulation rather on merits but the encounter cases reached upto Amit Shah. The reopening of the Sadik Jamal and Ishrat case by Gujarat High Court had virtually toppled their apple cart but thanks to the malleability of Ranjit Sinha, the Director of CBI, Modi and Amit now feel emboldened. Their calculation is that in case they capture the central power, they will destroy all the three encounter cases.

The immediate concern of BJP appears to be how to delay the progress of the three cases. Ranjit Sinha has once again come to aid of BJP in the Ishrat case by not only letting off Amit and Modi off the hook but also opining that sanction would be necessary from the Government to prosecute Rajinder Kumar, the main accused IB officer. It is a settled law that in case of homicide which had no connection with the call of duty, no sanction whatsoever is necessary for the prosecution of the accused officer. But by raising this bogey of sanction, the cognizance of the offence would be held up.

Lastly, some of the Modi-Bhakts try to dilute the evidence against the IB officers by describing it as “circumstantialâ€. Quite apart from the fact that there are direct credible evidence against Rajinder Kumar regarding his role in hatching and planning the conspiracy to carry out the fake encounter, circumstantial evidences against Kumar for committing abduction and murder are equally legal valid and admissible. However such questions will arise only at the time of trial and any attempt to raise such issues at the stage of charge-sheeting is only begging for a useless debate.

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Rkd Goel
7 years ago

Mr. Arun Jailey, MP of Rajya Sabha is from Gujarat. He is on all mercy ofMr. Narendara Modi to elect him MP of Rajya Sabha of Gujarat. He has to do all which is in favour of Mr. Narendra Modi to continue Rajya Sabha MP from Gujarat. Mr. Jaitley never gave proper legal advice to Mr. Narendara Modi from 27.2.2002 Gujarta riots after Godhra. How one espect fromMr. Arun Jaitley to go against Mr. Narendar Modi He is dependent on Modi to MP of BJP in 2014 also. In February Mr.aitley came to Vadodara for BJP candidate compaighn where all Hindi speaking peope of Gujarat participated for BJP Candidate for Sayajiganj MLA. but the BJP lost and Mr. Dalsukhbhai Prajapati won by 20,000 votes against Mr. Jitendra Sukadia of BJP candidate who was the Trade leader in Alembic workers association. How Mr. Jailtey will go against NaMo. If mr. Jaitley would have given correct legal advises to NaMo then NaMo would have been PM of India in 2009 itself. Now UPA Center govt. is running on three refugees, one is Dr. ManMohan Singh PM of India second is Mr. L.K.Advani, BJP NDA Convenor who is in confidence of PM Dr. man Mohan sing being refugee from Sindh province of Pakistan, who nominated Mrs, Susma Swaraj, Mr . advani confident as opposition leader of Parliament and third Mr. Arun Jaitley also a refugee who came in India in 1947 and settled in Delhi, also made oppostion leader of Rajya Sabha, also aconfident of Mr. l.K.Advani. So the UPA Government is having internal understanding of all these three refugees to give all co-operation to UPA government. Advani could not become PM in 2004 /2009 and now in 2014 even after Black Magics of culprit Asha Ram Bapu who did all black magics to made Mr. L.K.Advani for PM of India. Now Asha Ram is in Jail. This is all the way how thrree refugees runing the UPA Government from 2004 to 2014. In 2014 Mr. l.K.Advani have no chance to be PM of India, Even sindhi’s community of Gujarat are not happy with Mr. L.k.Advani due to the imprisonment for 277 years of Dr. Maya Kodnani a Sindhi BJP MLA from Ahmedabad.

Arindam Sengupta
7 years ago

Incisive, as usual. Sad to see even able people like Jaitley turning into puppets and losing all credibility.