Retired High Court Judge Justice Abhay Thipsay is plumbing new depths. He is deposing for fugitive diamond trader Nirav Modi in a London Court against investigative agencies of India. Abhay Thipsay, soon after retiring from Mumbai High Court joined the Congress party in June 2018 and his deposition against the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) charge sheets and favouring Nirav Modi is diametrically opposite to the stand of the Congress party. The GOP and its leader Rahul Gandhi, who approved Thipsay joining the party always attacked and made all kinds of innuendos against Prime Minister Narendra Modi on the Nirav Modi scams. And now they have egg on their faces. Rahul and Congress never missed an opportunity to attack the Prime Minister who incidentally shares the same surname as the fugitive.
Rahul Gandhi even went to the extent of calling Nirav Modi as Chota Modi. Retired Judge Justice Abhay Thipsay disgraced himself to the Judge’s profession by deposing all sorts of lies against the CBI and ED charge sheets in London Court via video conference on Wednesday. Thipsay even told the British Court that charge sheets don’t stand in Indian Courts. That is a white lie. Justice is slow in India, but it is fair. How can an Indian Judge utter such nonsense and lie through his teeth in a foreign court? Only Thipsay can enlighten us as to the quid-pro-quo he is getting from Nirav Modi, who is facing extradition from London to India.
“Unless someone is deceived there can be no cheating under Indian law. Deception is an essential ingredient of an offense of cheating. If no one was deceived in issuing LoUs (Letter of Undertakings by Banks) there is no question of a corporate body being deceived. The authority given to officials be said to be entrusted with property and therefore there cannot be a criminal breach of trust,” said Thipsay in his deposition favouring Nirav Modi and trying to negate the charge sheets of CBI and ED.
Abhay Thipsay’s judicial decisions also came under the radar, when he gave bail to actor Salman Khan on the same day when he was convicted by a Court of negligent driving and killing people sleeping on the pavements. Salman Khan was convicted by a trial court and in the evening, within hours, a battery of lawyers led by Harish Salve landed in Mumbai High Court and got bail and a stay from Abhay Thipsay in 2015. Thipsay’s decision to grant bail to the movie actor even without seeing the copy of the trial court conviction judgment was always seen as a black chapter in the Indian judiciary.
This retired judge, who joined Congress party is now exposed for his doubtful activities. Will Congress kick him out of the party for taking a stand against the party line on Nirav Modi’s scams?
On Thursday the London Court has adjourned the next hearing on the extradition of Nirav Modi to September 7. The Bhartiya Janata Party (BJP) on Thursday accused the Congress of trying “its best to save” fugitive businessman Nirav Modi. Senior BJP leader and Law Minister Ravi Shankar Prasad said that Abhay Thipsay, a former judge of Bombay and Allahabad High Courts, deposed as a defense witness in the case to oppose extradition proceedings against Nirav Modi by stating that the charges of cheating and criminal conspiracy against him will not stand up under Indian law.
Prasad noted that Thipsay had joined the Congress in 2018 and had met top party leaders like Rahul Gandhi, Ashok Gehlot, and Ashok Chavan. The “judge Sahab” is not acting in his individual capacity but is working at the behest of the Congress, he claimed, adding that Thipsay is hardly a big name otherwise in legal circles. “There is overpowering suspicious circumstances existing from which we can infer that the Congress is trying its best to save and bail out Nirav Modi,” Prasad said, claiming that the development has “unmasked” the opposition party which has always tried to “protect” Nirav Modi and his uncle Mehul Choksi, also a fugitive.
[with PTI inputs]
 CBI’s Nirav Modi case won’t hold in India, ex-judge tells UK court – May 14, 2020, The Times of India
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