Thursday 23 November 2017

Judge turned down billion-rupee bribe shortly before suspicious death, family says


A two-element record published in The Caravan on Monday and Tuesday has raised annoying questions about the death of Brijgopal Harkishan Loya the Mumbai judge who handled the Sohrabuddin Sheikh faux encounter case involving Bharatiya Janata Party president Amit Shah.Shah became minister of country for domestic in Gujarat whilst the encounter befell in November 2005 and become one of the primary accused inside the chargesheet filed by way of the Central Bureau of Investigation about the homicide. Sheikh turned into shot useless on November 26 2005 by using the Gujarat police who claimed that he become a Lashkar-e-Taiba terrorist on a dangerous challenge. A Special Investigation Team set up by the Supreme Court later found that Sheikh his spouse Kauserbi and partner Tulsiram Prajapati had certainly been detained by means of policemen 3 days in advance after they were travelling on a bus from Hyderabad to Sangli in Maharashtra. The investigation observed that Sheikh changed into killed in a further-judicial execution and dismissed the allegation that he became a terrorist. Kauserbi the investigations revealed become killed through the Gujarat police on November 29 2005.A yr in a while December 28 2006 Prajapati an eyewitness inside the case turned into shot dead by the Gujarat police at a village near the Gujarat-Rajasthan border.Investigations determined telephone information suggesting that Amit Shah have been in touch with the accused law enforcement officials among September 2006 and January 2007. A Gujarat Criminal Investigation Department inquiry found that the frequency of the calls from Shah to those officials became suspicious due to the fact that a nation domestic minister became now not expected to without delay interact with lower-degree officials. In January 2010 the Supreme Court transferred the case to the CBI. The CBI filed a chargesheet in opposition to Amit Shah in a Gujarat courtroom in July 2010. The organisation additionally asked for the trial to be conducted outside Gujarat arguing that witnesses had been being intimidated and the court cases could not be held in a loose and truthful manner within the nation. The Supreme Court moved the trial to Mumbai in September 2012 and directed that the trial be heard via the identical judge from begin to complete. Meanwhile in September 2013 in a letter to then Prime Minister Manmohan Singh BJP baby-kisser Arun Jaitley who turned into then leader of competition in Rajya Sabha alleged that the criminal department of the CBI had said that there has been no case in opposition to Amit Shah and that the agency become seeking to falsely implicate him. Jaitley said that Ashwani Kumar who become then director of CBI had endorsed a word stating that the arrest of Amit Shah could permit the CBI to get some more witnesses in particular the cops due to the fact that they might then experience intimidated and that arresting Amit Shah become vital since it became essential to attain the eventual target of investigation of Narendra Modi .Things modified rapidly in May 2014 whilst the BJP got here to electricity at the Centre. The CBI unique court docket s trial choose JT Utpat became transferred on June 25 2014. He became replaced by using Brijgopal Loya. Loya died sometime between the night of November 30 and the early morning of December 1 2014 in Nagpur where he had travelled for a colleague s daughter s wedding. His replacement MB Gosavi after hearing Amit Shah s discharge petition from December 15 to 17 dropped all fees against the BJP chief on December 30 2014. The case became foisted on Shah for political motives Gosavi stated in his discharge order.The CBI did no longer record a enchantment the release and the Bombay excessive court docket did not permit permit former bureaucrat and social activist Harsh Mander s petition to question the discharge in public hobby and ultimately in 2016 the Supreme Court refused to re-open the case towards Shah at the floor that Mander changed into in no manner an affected man or woman .Meanwhile several excessive-profile accused policemen have also been discharged including former Gujarat Anti-Terrorism Squad Chief DG Vanzara and Rajasthan cadre Indian Police Service officer MN Dinesh. Judge s deathThree years in the past a autopsy report had said Brijgopal Loya s death turned into the end result of a heart assault. But this week an investigation by using Caravan based totally on video interviews with Loya s circle of relatives has raised disturbing questions.The most startling of the allegations related to the involvement of former Bombay High Court Chief Justice Mohit Shah who the family claimed had offered Loya a bribe of Rs one hundred crores to give a verdict beneficial to Amit Shah.Mohit Shah is from Gujarat and changed into first appointed as an extra choose inside the Gujarat High Court in 1995. He changed into one of the longest-serving chief justices of the Mumbai High Court.Apart from the thriller round Loya s loss of life the family s allegations have additionally raised severe doubts about the safety of judges who face up to influence and act independently some thing the Supreme Court may ought to take observe. Play Who permitted the autopsy of Loya s frame?Perhaps the number one query that results in suspicion approximately the judge s demise is the manner wherein the autopsy of his body was conducted. By the time the circle of relatives turned into informed approximately Loya s loss of life the post-mortem changed into already completed. Loya s father advised Caravan that his son s body became sent to the ancestral home in Gategaon in Latur district of Maharashtra after the post-mortem. In standard exercise the police wait for the instant own family s concurrence earlier than intending with a autopsy. Sometimes a post-mortem is delayed for hours or maybe days as the police wait for the permission from the family. In this case none of Loya s instantaneous circle of relatives participants gave the move-ahead for the technique. The post-mortem document turned into signed with the aid of a paternal cousin brother . I do now not have any brother or paternal cousin brother in Nagpur Loya s father advised the mag. Though the post-mortem concluded that Loya died of a coronary heart assault and said the frame become dry Loya s niece Nupur Balaprasad Biyani advised the Caravan that there have been bloodstains on the neck at the back of the shirt and there has been blood and an harm on his head at the lower back side and that his blouse had blood spots . More importantly households are generally knowledgeable the moment someone is taken to the sanatorium. In this case the police determined to tell the family after the autopsy. There is a massive question mark on the time of death as the put up mortem document is stated to document that Loya died on 1/12/14 at 0615 hours after experiencing chest pains at 0400 am however the Caravan document fees the Loya s own family individuals as pronouncing that they commenced receiving calls approximately his death from 5 am onwards. The report additionally costs assets in Nagpur s Government Medical College and Sitabardi police station as pronouncing that they were informed of Loya s loss of life by way of middle of the night and had individually seen the lifeless frame at some point of the night time. They also stated that the post-mortem become completed quickly after midnight. It additionally remained unclear as to why the simplest shipping that might be arranged to take Loya to sanatorium whilst he reportedly complained of chest ache past due at night turned into an vehicle rickshaw. The guest house he became staying at regularly hosts crucial personages and it remained a thriller why no different car can be made to be had for him.Role of RSS workerLoya had long gone to Nagpur to wait the marriage of the daughter of a fellow decide Sapna Joshi. He turned into followed from Mumbai by means of two judges who had persuaded him to https://www.eetimes.com/profile.asp?piddl_userid=129675 go together with them. But curiously Loya s body changed into despatched to the ancestral domestic Gategaon when it might perhaps had been extra obvious to take the frame back to Mumbai. Even extra unusually none of Loya s colleagues followed his body from Nagpur apart from the ambulance driver. Loya s colleagues who had accompanied him to Nagpur from Mumbai and had insisted that he journey to Nagpur did no longer go to the family for one or one and a half months after his loss of life.The Caravan tale additionally info the curious function of a Rashtriya Swayamsevak Sangh worker named Ishwar Baheti in informing the own family that the frame changed into being taken to Gategaon. He no longer simplest contacted Loya s father however also surprised Loya s sister by appearing at a hospital where she had long gone to choose up her nephew and dissuaded her from leaving Latur for Nagpur. The circle of relatives stated that it changed into Baheti who gave them Loya s cell cellphone after some days. This RSS worker become not recognized to the own family before the incident. It isn't always clear why the police allowed him to get worried inside the case.The reality that a autopsy turned into performed way the police desired to be sure that there has been no foul play in the death of the excessive-profile decide. In this type of situation it seems peculiar that the police gave Loya s mobile cellphone to a complete stranger given that in case of an research later the smartphone could have been a essential evidence. All property of the deceased are supposed to be sealed recorded and given to the circle of relatives. The circle of relatives has additionally alleged that all text messages were erased from the cellphone. Just one or days before this information a message had come which stated Sir live safe from these human beings Loya s sister informed Caravan. That SMS changed into at the smartphone. Everything was deleted from it. Allegations of bribeIn a chilling revelation that has brought the complete trial inside the Sohrabuddin stumble upon case below a cloud Loya s family has alleged that there has been sizeable stress at the choose to bypass orders favourable to Amit Shah. A bribe of Rs a hundred crores become presented via the former Bombay Chief Justice Mohit Shah the family alleged. Loya changed into additionally assured that the judgement would not appeal to interest as every other major information assertion would be made on the day of the decision. Loya become requested if he should skip the order before December 30 because it gained t be under consciousness in any respect due to the fact at the same time there was going to be another explosive story which could make sure that people might now not take note of this the circle of relatives claimed. When the decision subsequently came out on December 30 the information of India cricket captain Mahendra Singh Dhoni retiring from Test cricket dominated TV channels. There was just a ticker at the bottom which said Amit Shah now not responsible. Amit Shah no longer guilty Loya s niece advised Caravan.A transfer a demise and a speedy hearingIn 2012 the Supreme Court after it transferred the crook case from Gujarat to Mumbai made it clear that it desired the https://www.columbusmagazine.nl/reisreporter/pressurecooker/home.html equal decide to listen the case from begin to finish. This direction turned into genuinely flouted given that during mid-2014 the first choose who turned into chosen to pay attention the case JT Utpat become transferred to Pune. This transfer order came just 19 days after Utpat had reprimanded Shah for now not acting before the court inside the court cases on June 6. The subsequent listening to became scheduled on June 26. The judge was asked to visit Pune on June 25.The Outlook mentioned in 2015 that Mohit Shah had recused himself from an administrative assembly called to appoint the choose for the Sohrabuddin case. Utpat became replaced via Loya who in October questioned why Shah turned into no longer performing earlier than the court no matter being in Mumbai at the date of the hearing. Following Loya s demise MB Gosavi become appointed as the new decide inside days and he resumed the hearing on December 15. In simply 15 days each aspects had been heard and judgement discharging Amit Shah changed into introduced. The CBI Caravan stated argued for a mere 15 minutes while Shah and others searching for discharge argued for three days. Two critical questions emerge. It isn't always clear why Chief Justice Mohit Shah transferred judge Utpat with out informing the Supreme Court which had categorically stated the same decide needed to listen the case from begin to finish. Even if the transfer were at Utpat s request Justice Shah should have taken the go away of the Supreme Court. Second after having stayed away from the assembly that appointed Utpat it isn t clear whether Justice Shah signed the transfer order later. If so having sensed a battle of interest in appointing the judge it isn't always clean why that struggle of hobby became now not apparent in moving a sitting decide. Scroll.In despatched telephone text messages to Justice Shah requesting his feedback on the Caravan research. The story may be up to date if and while he responds. Justice Shah is not any stranger to controversy. In March 2013 the then Chief Justice of India Altamas Kabir wrote to the authorities pointing out that the Supreme Court collegium became not inclined to raising Mohit Shah to the apex court docket. In 2015 senior legal professional Dushyant Dave wrote to the Chief Justice of India towards reconsidering Mohit Shah s elevation. The judge retired as a first-rate justice of the Bombay High Court a yr later. Why the Supreme Court ought to interfere in Loya s deathAs is evident from the collection of activities Loya s loss of life can't be dismissed as yet any other regular loss of life. He changed into a choose coping with a excessive-profile case related to possibly the second one-maximum effective politician in India after Prime Minister Narendra Modi when he changed into all at once determined lifeless in a central authority visitor residence. Standard manner become clearly been given a cross by way of in undertaking his post-mortem. The immediate own family of the choose have made critical allegations about the stress Loya confronted to restore the judgement. In truth Loya s son Anuj wrote a letter to the own family following a go to via Justice Mohit Shah in which he claims that he sought an inquiry into his father s demise. It isn't always clear whether Justice Mohit Shah initiated any action following this request. The case also involves the question of judicial independence. Last week whilst hearing a case on allegations of judicial corruption in a clinical faculties rip-off case the Supreme Court commented that even the judges had been no longer above law. Given the allegations that Loya s circle of relatives has made approximately Mohit Shah the problem absolutely warrants an impartial research something civil society activists demanded in Delhi on Wednesday. Even if the case did now not contain Amit Shah the very truth that doubts have been raised about the demise of a serving choose needs critical attention. The depend needs to be investigated to make certain that honest judges who arise towards political interference can fulfil their duties without any fear. ALSO READ Election Commission is a toothless tiger says Varun Gandhi Election Commission taught BJP lesson of existence: Congress EC has allotted leaves image to EPS-OPS faction of AIADMK: TN CM Two-leaves battle: Opposition assaults Deepa Jayakumar for drawing near EC Election Commission to announce dates for Gujarat polls today span.P-content div id =div-gpt line-peak: 0px; font-length: 0px; Senior Bharatiya Janata Party (BJP) chief G. V. L. Narasimha Rao has known as sidelined AIADMK chief TTV Dhinakaran s comments about Centre having a role in the leaves image case as absolutely laughable. Dhinakaran s claim that Centre had a function is completely laughable. Election Commission is a constitutional frame and has rightly determined to provide the image to the EPS-OPS institution because they nowadays constitute the actual celebration they have got complete ranks of management inside the reputable camp and they also have all the elected MLAs there Rao told ANI. On Thursday TTV Dhinakaran objected to the selection of the Election Commission (EC) of dishing out the 2 leaves celebration image to EPS-OPS faction. Accusing the EC of undertaking inquiry in an unfair manner he similarly alleged that the Centre motivated the ballot watchdog s decision in the case. By making malefide attempts at gaining the symbol Dhinakaran is surely responsible of breach of law and the case against him is being pursued Rao stated. In this usa institutions like Election Commission function autonomously and those like Dhinakaran cannot subvert these establishments he introduced.(This story has now not been edited by means of Business Standard group of workers and is auto-generated from a syndicated feed.) ALSO READ Chidambaram s comment on EC no longer appropriate: Gujarat CM Gujarat MLAs exodus: Congress leaders to fulfill EC today Congress anxious for Gujarat polls: BJP Election Commission to announce dates for Gujarat polls nowadays Cong. Says BJP is murdering democracy in Gujarat span.P-content material div identification =div-gpt line-peak: 0px; font-size: 0px; Gujarat Pradesh Congress President Bharatsinh Solanki on Thursday alleged the Bharatiya Janata Party s (BJP) hand at the back of his fake resignation letter .Talking to newshounds right here Solanki stated his faux resignation letter became doing rounds at the social media. A fake resignation letter goes around on social media with my signature claiming that I even have resigned from the Presidentship of Gujarat Congress. It is completely fake and I actually have issued no such letter Solanki said.He brought that the ruling birthday celebration changed into attempting to steer the Gujarat elections. The BJP is frightened and rattled through the surging recognition of Gujarat Congress. We will meet the Election Commission day after today concerning this difficulty and to inn a complaint against the BJP Solanki added.The 14th Gujarat Legislative Assembly election 2017 is scheduled to be hung on December nine and December 14.The Congress is eyeing to dethrone the BJP-led Gujarat authorities whilst the consequences of the meeting elections are introduced on December 18.The closing Congress authorities in Gujarat become led through Chhabildas Mehta from February 17 1994 to March 13 1995.(This tale has now not been edited via Business Standard staff and is car-generated from a syndicated feed.) New Delhi: Surajpal Amu BJP s leader media coordinator in Haryana nowadays said he firmly stands by way of his announcement on giving Rs 10 crore to whoever beheadsPadmavati director Sanjay Leela Bhansali and actor Deepika Padukone as strain from Rajput agencies builds up over banning the Rs a hundred ninety crore movie primarily based on an epic poem.Mr Ammu stated he gave the declaration as a Rajput and not as a person who holds a publish within the Bharatiya Janata Party.Prime Minister Narendra Modi s celebration has also asked the Haryana BJP legitimate to give an explanation for his shocking offer. The BJP s Anil Jain a senior chief from Haryana said that even though the ruling celebration isn't in favour of the film being released it does no longer assist the type of risk issued by way of Surajpal Amu.Mr Amu but informed news company IANS that he has no longer got any phrase from the BJP over his comments. No be aware has been received but. I ll solution if I get one. I am ready to do some thing for the welfare for my community he said.Despite the birthday party s caution Mr Amu said he had doubled the bounty and even threatened to interrupt the legs of actor Ranveer Singh who plays Delhi sultan Alauddin Khilji inside the movie. We don t need to take the law in our hands but will not forgive everyone who attempts to destroy the image of Rajput kings and queens stated Mr Amu.Large protests had been held in different cities which include Chittor in Rajasthan which was home to Padmini the Rajput Queen. Padukone is just like our daughter and she should stay away for gambling roles just like the one she performed in Padmavati Surajpal Amu said. If all and sundry raises an eye fixed at our sisters and daughters they will be punished. For the second one time this month the Supreme Court refused to prohibit Padmavati declaring that the censor board need to first evaluation the film and offer its verdict. On Sunday final the producers of the film stated they have voluntarily deferred the discharge of the movie -- slated for December 1. A postpone appeared inevitable because the Central Board of Film Certification popularly called the censor board withheld the film s clearance last week saying its paperwork changed into incomplete.(With inputs from IANS) Rajkot: The BJP on Wednesday termed as accurate the Shia Central Waqf Board s draft notion for decision of the Ayodhya dispute which advocates production of Ram Mandir at the contested belongings and requested Congress Vice President Rahul Gandhi to specify birthday party s stance on the draft.Bharatiya Janata Party (BJP) spokesperson GVL Narasimha Rao instructed journalists here that the Shia Waqf Board had put forward a very good notion in its submission to the Supreme Court on Saturday that a Ram temple be built in Ayodhya and a mosque in Lucknow. It s a very good thought to solve the issue said Mr Rao who is right here to marketing campaign for the BJP applicants for the following month s meeting elections. The BJP is of a clear opinion that an excellent temple of Lord Ram be built in Ayodhya however does the Congress have to mention? We demand that Rahul Gandhi make his birthday party s stand clean by using breaking his silence he stated.The Shia Central Waqf Board on Monday issued a draft suggestion at the resolution of the Ayodhya dispute wherein it argued for construction of Ram Mandir at the contested assets while writing to the state authorities for a mosque in Lucknow.The draft suggestion turned into presented via Waqf Board Chairman Wasim Rizvi and the priest of All India Akhara Council Narendra Giri before the media. It became in advance submitted to the Supreme Court on Saturday.(Except for the headline this story has not been edited through NDTV staff and is published from a syndicated feed.) ALSO READ In campaign mode Rahul Gandhi terms GST as Gabbar Singh Tax Modi-Rahul tussle to gain floor beforehand of Gujarat elections Gujarat polls: Struggling with narrative BJP pins hopes on PM Modi Rahul Gandhi slams Modi GST industrialists in Gujarat: Top 10 highlights Modi suggests BJP assured of prevailing Gujarat meeting elections span.P-content material div identification =div-gpt line-peak: 0px; font-size: 0px; The odds of Narendra Modi-led Bharatiya Janata Party (BJP) prevailing the Gujarat election for the sixth consecutive time remain excessive even though it's miles in all likelihood that its majority will decline from the victory inside the remaining poll held in 2012 says Christopher Wood dealing with director

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