A daring investigation conducted by Jan Sangharsh Manch (JSM) activists led by Shamshad Pathan in April, 2008, had disclosed the name of the Police Officer of Mumbai who had handed over Sadiq Jamal Mehtar from the custody of Mumbai Police to Police Inspector Tarun Barot of Gujarat Police for being murdered as a “Terrorist” in Ahmedabad. After five long years, it is now reported that CBI has finally named Daya Nayak as an accused in their report to their Head Quarters at Delhi.
Sadiq was brought to Ahmedabad on 3rd January, 2003, by Barot and was tortured on the 2nd floor of the office of City Crime Branch for ten days. The chamber of IGP PP Pandey (accused in Javed Ishrat case) was just a few feet away. DG Vanzara, the DIG who is under arrest for three other fake encounters killing seven innocent persons also had his office on the same floor. Under their orders, Sadiq was taken out to the Naroda area and shot dead by the police in the late night of 13th January, 2003.
After 2003, the Gujarat Police had in rapid succession killed several innocent persons projecting them as “dreaded terrorists” associated with Dawood Ibrahim, LeT and other cross-border terrorist groups. Ishrat, Javed, Zeeshan, Sohrabuddin, Tulsi are some of the unfortunate victims of Gujarat Government. But the successive killings had terrified the families of the victims to such an extent that they could not muster enough courage to file police complaints. Sadiq’s case thus remained in the closet till 2007 till his brother Sabbir Jamal approached JSM to file a writ petition in 2007. The petition was filed in 2007 seeking an investigation by CBI.
At that point of time, the greatest hurdle faced by the petitioner Sabbir Jamal Mehtar was the absence of any credible evidence to persuade the High Court to hold the encounter being prima facie fake. Gujarat Police had earlier conducted an investigation through ACP GL Singhal (presently accused in Ishrat Javed case) who had filed a closure report. That was when JSM took the initiative of conducting their own investigation to support Sabbir. A team was sent to Mumbai where they discovered a stringer reporter lodged in Arthur jail. This reporter, named Ketan Tirodkar had filed a case against Daya Nayak in the Mumbai Special MCOC court alleging that Daya Nayak was working for the underworld. In the same application against Daya Nayak, Tirodkar had also alleged that he and Daya Nayak had profiled Sadiq as a terrorist.
Shamshad could reach him inside the jail and meet him. Tirodkar to expiate his own guilt in helping Daya Nayak profile Sadiq as a terrorist agreed to file an Affidavit before the High Court of Gujarat to place the true facts on record!. We produce herein below a few paragraphs from Tirodkar’ss affidavit dated 28th April, 2008, which persuaded the High Court to order the investigation by CBI in 2011:
3 I say and submit that in my aforesaid complaint in paragraph nos. 7 and 8, I have specifically stated about the manner in which Sadik Jamalbhai Mehtar was deliberately profiled as being a member of Dawood Ibrahim gang by Shri Daya Nayak and me, and further profiled as if he was to go to Gujarat as a contract killer of Lashkar-e-Toiba for eliminating the Chief Minister of Gujarat Shri Narendra Modi.
4 I further say and submit that Shri Daya Nayak and I had undertaken this exercise at the request of some big politician of Gujarat who had approached Daya Nayak for getting a so called â€œmilitantâ€ for `encounter killingâ€™. I say that as I have stated in para-7 of my aforesaid complaint, the said Shri Sadik Jamal had come to me for a help and taking undue advantage of his helplessness, I had taken him to Shri Daya Nayak who found Sadik to be an ideal person for being portrayed as a `Terrorist of D gangâ€™ and also a `contract killerâ€™ in order to hand him over to Gujarat police for being killed in staged `encounterâ€™.
Very rarely can such credible evidence be collected by private efforts. After two years, the CBI, has now revealed the name of Daya Nayak which JSM did back in 2008. Hopefully, the names of the top police officers who actually ordered the killings will also be disclosed and most importantly , CBI will nab the “big politician of Gujarat” for whom Daya Nayak was working as is claimed by Tirodkar in his affidavit.