The object of all this was to make one last-ditch effort to entangle Amit Shah in criminal legal tangle
Alongside is a Press report of January 15, 2018, which narrates the story that may well have, covertly, veiled the press conference of the four Supreme Court of that Black Friday when they also released a 7-page letter which was essentially a charge sheet against the Chief Justice of India (CJI).
But that Free Press Journal story alongside is only a part of the story. What completes it is narrated below
Amit Shah, minister of state for home in Gujarat, was one of the primary accused in the charge sheet filed by the CBI in the Sohrabuddin Sheikh “fake encounter” of November 2005 after investigations found phone records suggesting that Amit Shah had been in touch with the accused police officers between September 2006 and January 2007.
In January 2010, the Supreme Court transferred the case to the CBI. The CBI filed a charge sheet against Amit Shah in a Gujarat court in July 2010.
Even as news emerged of Amit Shah being subjected to torture seeking to compel him to reveal the whole truth; Shah did not buckle down. Arun Jaitley, the BJP Leader of Opposition in the Rajya Sabha, is reported to have sent a letter to Prime Minister Manmohan Singh to the effect that CBI’s legal department had stated that there was no case against Amit Shah and that the agency was trying to falsely implicate him. The CBI however reportedly insisted that “the arrest of Amit Shah would enable the CBI to get some more witnesses particularly because that could lead to Chief Minister Narendra Modi.”
In January 2010, the Supreme Court transferred the case to the CBI. The CBI filed a charge sheet against Amit Shah in a Gujarat court in July 2010. The agency also asked for the trial to be conducted outside Gujarat, arguing that witnesses were being intimidated and the proceedings could not be held in a free and fair manner in the state. The Supreme Court moved the trial to Mumbai in September 2012 and directed that the trial is heard by the same judge from start to finish. JT Utpat was the trial judge appointed by the Supreme Court.
Things changed rapidly in May 2014, when the BJP came to power at the Centre. The CBI special court’s trial judge, JT Utpat, was transferred on June 25, 2014. He was replaced by 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, M.B.Gosavi, after hearing Amit Shah’s discharge petition from December 15 to 17, dropped all charges against the BJP leader on December 30, 2014, on grounds of “evidence that had no substance.” “The case was foisted on Shah for “political reasons”, Gosavi said in his discharge order.
There have been instances where case having far-reaching consequences for the Nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches “of their preference
The CBI did not file an appeal the discharge and the Bombay high court did not allow former bureaucrat and social activist Harsh Mander’s petition to question the discharge in public interest and, finally in 2016, the Supreme Court refused to re-open the case against Shah, on the ground that Mander was in no way an “affected person”. The path had been cleared for Amit Shah to lead the BJP to unbelievable power in 19 States of India.
But suddenly, three years after Judge Loya’s death was found by a post-mortem as being caused by a heart attack, few political interests raised their dirty doubts. This when all in the country were thinking of the 2019 Lok Sabha polls where, sure enough, Amit Shah would play a crucial role for the BJP. And, therefore, came the investigation into Judge Loya’s death. Clearly, the object of all this was to make one last-ditch effort to entangle Amit Shah in a criminal legal tangle with the purpose of crippling his intense role in the BJP’s poll campaigns across the country.
The above laboured and devious effort was, unbelievably, made a part of the mutiny of four Supreme Court judges on that Black Friday of 12th January of 2018.
Remember, and never forget, that one of the charges in that charge sheet was that “There have been instances where case having far-reaching consequences for the Nation and the institution had been assigned by the Chief Justices of this Court selectively to the benches “of their preference” without any rational basis for such assignment. This must be guarded against at all costs.”
A Sherlock Holmes is not required to find out that the four judges were guilty of finding the CJI of using his unitary powers in appointing Judge M.B.Gosavi as the Special CBI judge for the case against Amit Shah.
The situation has been saved for our democracy by Loya’s son. But, in lakhs of eyes, the four “Honourable” will not easily forget their malevolent role in trying to stop Amit Shah and Narendra Modi trying to secure a second term of office come 2019.
1. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.
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