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Sohrabuddin fake encounter case: Charges against Amit Shah dropped

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Amit-Shah

New Delhi: A special Central Bureau of Investigation court in Mumbai discharged BJP president Amit Shah in the fake encounter cases of Shorabuddin and Tulsiram Prajapati.

The Central Bureau of Investigation special court dropped all charges against Shah in the alleged fake encounter killings of Sheikh, an alleged extremist, his wife Kauser Bi and Tulsi Prajapati, who was said to be an eyewitness to his killing. This means he will not have to face trial in the case.

“I am of the opinion that the inference drawn by CBI is not accepted in totality and he (Shah) cannot be charged as an accused,” special CBI judge MB Gosavi said in a brief order pronounced in the court.

In September 2013, the CBI had charge-sheeted Shah, the former home minister of Gujarat, and 18 others, including several police officers. Shah was charged with criminal conspiracy, destruction of evidence and offences under the Arms Act.

Sohrabuddin was allegedly abducted by Gujarat’s anti-terrorism squad and killed in an encounter with the police on November 26, 2005, in Ahmedabad. His wife Kausar Bi was murdered three days later, and her body disposed of.

Following this, Sohrabuddin’s brother, Rubabuddin, had filed a complaint that his brother was killed in a fake encounter.

The Gujarat police had claimed Sohrabuddin had links with Pakistan-based terror outfit Lashkar-e-Taiba and planned to assassinate important political leaders.

Tulsiram Prajapati was killed by the police at Chapri village in Banaskantha district of Gujarat in December 28, 2006.

The CBI alleged that Shah, who was Gujarat’s home minister at the time, was involved in both killings as the police reported to him.

Shah stepped down as home minister in 2010 after he was arrested in the case. He got bail three months later.

Senior counsel Mihir Desai, who had appeared for complainant Rubabuddin, had argued in court that Shah was in frequent touch with police officers S Rajkumar Pandyan and DG Vanzara, who are in jail in connection with the case, and that he also tried to influence the investigation into the killings.

Looking at the statements recorded in the charge sheet the minimum that can be deciphered is that Shah was either trying to destroy evidence or fabricate it, and hence the discharge plea should be rejected, said Desai.

But Shah’s lawyer had contested that call records of Shah and some police officials between November 2005 and December 2006 have been brought on record, but calls made by Shah before and after the period were not.

Even the content of the talk was not produced, Shah’s lawyer had contested.

(With inputs from PTI)

I carried out the encounter of Ishrat Jahan on the orders given by my superior, DG Vanzara testified before CBI court

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Photo: Hindustan Times

Photo: Hindustan Times

Ahmedabad: Accused in many fake-encounters, Gujarat IPS officer DG Vanzara has spilled the beans on Friday when he testified before a special CBI court here that he carried out the encounter of Mumbai college student Ishrat Jahan on the orders given by his superior on the basis of inputs received from Intelligence Bureau (IB).

Vanzara, who has been in jail for more than seven years, made his submission through his lawyer during hearing on his bail plea. His lawyer VD Gajjar told the CBI court that the IB, in an affidavit before the Supreme Court in August, had clearly mentioned that the four persons killed in the encounter were terror suspects and the claim was supported by a statement of David Headly, a 26/11 plotter. However, the CBI charge sheet contradicts Vanzara’s claim as the inputs about the terror suspects coming to Gujarat were given to then Ahmedabad Police Commissioner KR Kaushik not to Vanzara. The inputs were forwarded to Vanzara, then a DIG, through his superior Kaushik, he said.

His counsel argued that Vanzara was not aware about IB’s inputs and he only executed the operation on the instructions of his superior but the CBI did not make Kaushik an accused in the encounter case.

He further asked the court that in the FIR, CBI relied upon statements of some police inspectors, who said they took part in the encounter on the orders of their superiors. Vanzara also did the same, then why was he “framed” while his superiors were not named accused by the agency. He also questioned why IB officers were let off the hook?

“CBI had not made four IB officials linked to the case (Rajendra Kumar, Tarun Mittal, MK Sinha and Rajiv Wankhede) accused and only Gujarat Police officers were named in the charge sheet”.

In its defence, CBI lawyer LD Tiwari said the agency had not received sanction from the Union Home Ministry, as required under Section 197 of CrPC, to proceed against the IB officers.

It is to be noted here that under the Section 197 of CrPC, no public servant can be prosecuted for an alleged offence committed during discharge of official duty without the government’s nod. Contending this, Vanzara counsel Gajjar said CBI did not opt for any such permission before naming Vanzara or any other Gujarat Police officer in the charge sheet. The court, after hearing the submissions, adjourned the matter to December 5.

It is to be recalled that Ishrat (19), a college girl from Mumbra near Mumbai, and along with three men – Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar – were shot dead allegedly by Gujarat Police near here on June 15, 2004 on suspicion that they were on a terror mission.

On the order of the Supreme Court, CBI did the probe of the encounter and found that it was cold-blooded murder in which over a dozen policemen, including IPS officers, were charged with murder and criminal conspiracy and Vanzara is one of them who got bail in another fake encounter of Sohrabuddin Sheikh and his wife. Vanzara’s submission, who was considered as a blue-eyed police officer in the then Modi-led Gujarat, may stir up hornets’ nest.

BJP wins power on own in Haryana; to rule Maharashtra

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bjp-victory

Mumbai/Chandigarh: The BJP Sunday created history in Haryana by getting a clear majority on its own for the first time and said that it would form the government in Maharashtra too where it finished the single largest group in a hung assembly but has been offered support by the NCP.

The Congress was humiliated in both Haryana and Maharashtra which it had been ruling for two and three consecutive terms respectively.

For the first time, the Bharatiya Janata Party got a clear mandate in Haryana, winning 47 seats in the 90-member assembly with a 33.2 percent vote share.

The BJP Parliamentary Party Board met in New Delhi Sunday evening to discuss chief minister probables for Haryana and Maharashtra. The party later announced it would send senior leaders Rajnath Singh to Maharashtra and Venkaiah Naidu to Haryana to take a decision on the chief ministerial candidates.

Briefing reporters after the meeting, general secretary J.P. Nadda said he would accompany Rajnath Singh.

On the offer of support from the Sharad Pawar-led Nationalist Congress Party, Nadda said no call has been taken yet.

The names doing rounds in Haryana include Rashtriya Swayamsewak Sangh activist Manohar Lal Khattar, state BJP president Ram Bilas Sharma and party spokesperson Abhimanyu. Other names were of leaders, who did not contest, including union ministers Sushma Swaraj, Rao Inderjit Singh and Krishan Pal. Congressman-turned-BJP leader Birender Singh is also in the running.

Senior party sources told IANS that the new government could be sworn in before Diwali this week. The Hindu festival of lights falls on Oct 23.

In Maharashtra, the BJP won 122 seats in the 288-member assembly, falling well short of the 145 seats required for a simple majority. Its ally Rashtriya Samaj Paksha won one.

With the NCP, which won 41 seats, offering BJP “outside support”, leaving the runner up and former ally Shiv Sena high and dry, BJP president Amit Shah said in New Delhi that his party would “form the next government” in the state.

NCP leader Praful Patel said Maharashtra needed stability and so his party was ready to prop up a BJP government.

The Shiv Sena, which ended up with 63 seats, had earlier said it was ready to make up with the BJP, a sentiment shared by some of the latter’s leaders, including L.K. Advani, one of those who was not happy with the decision to dump its ally of 25 long years after a row over seat sharing ahead of elections.

The Congress, which, with the NCP, ruled Maharashtra for 15 years until their alliance collapsed before the elections, finished third with 42 seats.

Shiv Sena chief Udhav Thackeray said that nobody from the BJP has approached his party for support, and his party would not approach it with any proposal.

“If (the BJP) they make any proposal, we shall consider it,” he said.

Earlier, Maharashtra BJP leader Devendra Fadnavis said that while no discussions had taken place with the Sena, “if the need arises, we expect our friends to support us”, while Sena leader Anil Desai added that the acrimony between the parties was history.

Amit Shah said the victory in Haryana and the near victory in Maharashtra proved that the “Modi wave” which catapulted the BJP to power in the Lok Sabha battle was still intact.

Raj Thackeray’s Maharashtra Navnirman Sena cut a sorry figure and is likely to end up with just three seats. Independents and smaller parties could have 19 members. The Majlis-e-Ittehadul Muslimeen (MIM) made an impressive debut winning two seats while losing three by narrow margins in its first attempt to expand its base outside Hyderabad.

The NCP blamed the Congress for the Maharashtra verdict. Former chief minister Prithviraj Chavan accepted responsibility for the Congress rout.

Outgoing Haryana Chief Minister Bhupinder Hooda also accepted defeat and submitted his resignation to Governor Kaptan Singh Solanki to pave way for formation of the new government.

The BJP’s win in Haryana is a big achievement considering it had won only four seats in the 2009 assembly polls.

Kailash Vijayvargiya, in charge of the BJP’s party affairs in Haryana, said: “People of Haryana wanted a change. Our party cadres and leaders worked very hard. The credit for our success has to go to Prime Minister Narendra Modi and BJP chief Amit Shah.”

The Congress won only 15 seats, down from its tally of 40 last time. The Indian National Lok Dal (INLD) ended with 19 seats, down from 31 seats in 2009.

“This is the Janadesh (public mandate). I accept this and wish well for the incoming government,” said Hooda, who has at been at the helm since March 2005.

“The result is a surprise for us (INLD). We will review where we went wrong. People have given their mandate to the BJP. We will extend our support to the government for Haryana’s progress,” INLD leader Abhay Chautala told media after his party’s defeat.

A record 76.54 percent of Haryana’s 1.63 crore electorate voted in the assembly polls this time, while around 64 percent of the 8.35 crore electorate turned out in Maharashtra.

(IANS)

Those who call Madrasas as the hub of terrorism should get proof: Popular Front of India

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PFI protest

Mangalore: Members of Popular Front of India (PFI) staged a demonstration here on Tuesday to register their protest against the “communal policies” of union government of India.

The protestors, who assembled in front of the office of deputy commissioner in the city in the evening raised slogans against BJP national president Amit Shah and Uttar Pradesh BJP MP Sakshi Maharaj whose recent remarks against Madrasas triggered controversy.

Maharaj, a MP from Unnao constituency, alleged alleged recently that madrasas across the country are imparting “education of terror” and “love jihad”. He also claimed that Muslim youth in madrasas are being motivated for “love jihad” with offers of cash rewards — Rs 11 lakh for an “affair” with a Sikh girl, Rs 10 lakh for a Hindu girl and Rs 7 lakh for a Jain girl.

The protesters questioned on the silence of Narendra Modi and Muslim leaders in BJP, including minority affairs minister Najma Heptulla over the matter.

Condemning the provocative remarks of senior BJP leaders, the protesters said that Modi led BJP government is trying to polarize the nation.

“Those who allege that Madrasa is the hub of terrorism should either get proof for their statements or should be prosecuted for the same,” said one of the speakers at the protest.

Amit Shah chargesheeted for hate speech, but court refuses to take cognisance

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Amit-Shah

Muzaffarnagar: In a major setback to UP police and probably also to the SP government in the state, a court in Muzaffarnagar refused to take cognisance of the chargesheet against BJP president Amit Shah in connection with the hate speech made by him and during the 2014 Lok Sabha polls.

The magistrate returned the charge sheet with directions to police that the case should be re-investigated as there were many lacuna in the sections slapped on Shah, they said.

Shah was on Wednesday charged by the police for his alleged hate speech during campaigning here for the Lok Sabha elections.

The charges were filed against Shah under Section 123(3) of Representation of the People Act for allegedly seeking votes on the grounds of religion, race, caste and community and under Section 188 of the IPC relating to disobedience to order promulgated by public servant. Shah had lhad asked voters to seek “revenge for the insult” inflicted during the riots in Muzaffarnagar last year.

The rejection has reportedly left the Akhilesh Yadav government red-faced as the BJP state unit has alleged that the Samajwadi Party government added new sections – some serious and non-bailable – against Shah out of political vendetta.

If the charges are proved to be true, the BJP president could face a prison term of three years.
The returning of the charge sheet by the additional chief judicial magistrate III is now set to become an issue in the Sep 13 bypolls for 11 assembly and one parliamentary constituencies.

Meanwhile, home department officials said police would will be asked to re-investigate the matter thoroughly and submit a new charge sheet.

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