Sep 3, 2013



Hence the present Writ Petition.





Pushp Kumar Sharma

Aged about 42 years,

S/o Late Shri Ashok Sharma,

R/o House No.3/1966,

Sukhupura, Beribag,

Saharanpur, U.P. – 247 001     … Petitioner

Central Bureau of Investigation
Through its Director
Having its head office at
Plot No 5-B, CGO Complex,

Lodhi Road, New Delhi -110 003

Amitbhai Anilchandra Shah
Member of Gujarat Legislative Assembly
Aged about 49 years
S/o Anilchandra Shah
R/o No.10, Shivkunj Society,
Near Sanghavi High School,
Vijaynagar Road, Naranpura,
Ahmedabad – 380 013

Prakash Javdekar
Member of Rajya Sabha
Spokesperson of BJP
Aged about 63 years
S/o Shri Keshav
R/o No. 11,Suvan Apartment,
Mayur Colony, Kothrud,
Pune - 411038
Also at:
No.24, Mahadev Road,
New Delhi – 110 001

Bhupendra Singh Yadav
Member of Rajya Sabha
Secretary of BJP
Aged about 44 years
S/o Shri Kadam Singh
R/o 91-C-II, Kundan Nagar,

Ajmer, Rajasthan – 305 001

Also at:
Meena Bagh, Maulana Azad Road,

New Delhi – 110 001

Manoj Dwivedi
Former Additional Advocate General
of Madhya Pradesh
Age not known
Having his office at
No. 107, First Floor,
Rajani Bhawan, 569, M.G. Road,
Indore – 452 001

Ram Lal Gupta
General Secretary of BJP
Aged about 63 years
R/o No.9, Ashoka Road,
New Delhi – 100 001   … Respondents








The present Writ Petition in Public Interest is being preferred to bring to the notice of this Hon’ble Court, the very serious case of subversion of the judicial system and obstruction of the course of justice by Members of Parliament and senior leaders of the Bharatiya Janata Party (BJP) for the benefit of Mr. Amitbhai Anilchandra Shah, Former Home Minister of Gujarat, who is the prime accused in the cases concerning extra-judicial killings of Sohrabuddin Sheikh, his wife Kausarbi and Tulsiram Prajapati. This Hon’ble Court was constrained to intervene in the aforesaid cases by directing CBI investigation and it is submitted that a large scale criminal conspiracy was hatched at high places to derail judicial process set into motion by this Hon’ble Court, by manipulating the Complainant in the Tulsiram Prajapati fake encounter case into signing blank Vakalatnama so that they could plant a lawyer of their confidence and dilute the entire case.
The Writ Petitioner has captured the aforesaid criminal conspiracy hatched and executed by Members of Parliament, senior BJP leaders and Advocates on concealed cameras as part of his undercover investigation. The video footage, so captured, will reveal that the principal actors behind the execution of these nefarious designs are Amitbhai Anilchandra Shah (Former Home Minister of Gujarat and prime accused in the Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter cases), Prakash Javdekar (Rajya Sabha MP and spokesperson of BJP), Bhupendra Singh Yadav (Advocate, Rajya Sabha MP and Secretary of BJP), Ram Lal Gupta, popularly known as Ram Lalji, (General Secretary of BJP) and Manoj Dwivedi (Former Additional Advocate General of State of Madhya Pradesh).
Compact disk containing edited video footage captured on the concealed cameras, along with the transcript for convenience, is produced hereto as Annexure P-1. The Writ Petitioner is in possession of the original raw footage, and is ready and willing to deposit the same in a sealed cover in the registry of this Hon’ble Court or hand it over to the CBI, if so directed.

Coloured photocopy of certain screenshots of the edited video footage is annexed herewith and marked as Annexure P-2 (Colly.)

It is submitted that the Writ Petitioner, to the best of his ability, has personally transcribed the Video Footage and in case of any inadvertent errors/discrepancies, the video footage may be referred to. The Writ Petitioner has to the best of his ability attempted to reconstruct timelines and dates provided herein from his memory.
The Writ Petitioner has no political affiliation, personal interest in the litigation and that the instant Writ Petition is not guided by self-gain or for gain of any other person/institution/body and that there is no motive other than public interest in filing the present Writ Petition. The Writ Petitioner is an investigative journalist who has worked with several media organizations, both print and electronic, including Tehelka, Headlines Today and India News. The Writ Petitioner is a graduate of ‘N. S. Raghavan Centre for Entrepreneurial Learning (NSRCEL)’ at IIM-Bangalore and its senior incubate member. He has also trained at IIT-Delhi.
The Writ Petitioner is the author of a story titled “Rent a Riot” on how riots could be engineered for a price, which won him an award from the International Press Institute, Vienna. The Writ Petitioner’s exposé on the shoddy probe by Uttarakhand Police into the disappearance of Swami Shankar Dev, the guru of Baba Ramdev, well-known yoga guru, has led to CBI investigation into the matter.

During his career, on account of the fact that his expose hurt several people false cases also have been foisted upon the Writ Petitioner by the targets of his investigative pieces or at their instance, however, the Writ Petitioner has continued undeterred. In one such instance, in retaliation to the Writ Petitioner’s sting operation against the police of the Najafgarh Police Station and his Complaint dated 24.09.2009, a false FIR dated 17.11.2009 was registered by the police on the specious ground that the Writ Petitioner had attempted to extort Rs.10,000/- from a police constable. The trial has been pending before the Metropolitan Magistrate for the last 4 years and the IO has not even been able to produce the sole witness. The pendency of the said false case has been previously used by Baba Ramdev and Pramod Mutalik to try and raise a doubt on the credibility of the Petitioner and malign his reputation and create prejudice against him when he exposed them, however, the same fortunately has not come in the way of commencement of CBI Investigation or an award being conferred by International Press Institute, Vienna on the Petitioner.
The CBI has been arraigned as a Respondent No.1 in the Petition since it conducted the investigation in the Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter cases under directions of this Hon’ble Court that has resulted in filing of the charge sheet and prosecution of the accused. The facts disclosed herein have a direct impact on the trial of the said cases and requires a further thorough investigation by the CBI into the facts disclosed.
Respondents 2 to 6, as demonstrated in the present Writ Petition, are involved in obstructing and subverting the course of justice a process set into motion by this Hon’ble Court and and may result in derailing the impeding administration of justice.

Sohrabuddin Sheikh and his wife Kausarbi were murdered in cold blood by the police, under the pretext of an encounter, on 26.11.2005. A year later, Tulsiram Prajapati, who was a witness to the murder of Sohrabuddin Sheikh and Kausarbi, was murdered by the police in the midnight intervening 27.12.2006/28.12.2006.
Mr. Rubabbuddin Sheikh, brother of Sohrabuddin Sheikh, preferred Writ Petition (Crl.) No. 6 of 2007 before this Hon’ble Court seeking its intervention by directing CBI investigation into the fake encounter of Sohrabuddin Sheikh and his wife Kausarbi which prayer was allowed by this Hon’ble Court vide Final Judgment and Order dated 12.01.2010 reported as ‘Rubabbuddin Sheikh vs. State of Gujarat and Ors., (2010) 2 SCC 200’.
Similarly, Writ Petition (Crl.) 115 of 2007 was preferred by Smt. Narmadabai, mother of Tulsiram Prajapati, was allowed by this Hon’ble Court vide Final Judgment and Order dated 11.04.2011, reported as ‘Narmadabai vs. State of Gujarat & Ors., (2011) 5 SCC 79’, directing the CBI to investigate the fake encounter of Tulsiram Prajapati and it was observed that the question of compensation is left open for the Trial Court to decide on the basis of the outcome of the CBI investigation.
As directed by this Hon’ble Court, the CBI took up the investigation into the Sohrabuddin case after instituting a fresh FIR on 01.02.2010 and submitted a chargesheet on 23.07.2010, whereby, in addition to the thirteen accused named in the charge-sheet filed by the Gujarat Police, another 6 persons including Amitbhai Anilchandra Shah, who till then was the Minister of State for Home in the State of Gujarat, were named as accused. As per the CBI, he was the mastermind behind the fake encounters of Sohrabuddin Sheikh and Tulsiram Prajapati.
Similarly, CBI filed the Chargesheet dated 04.09.2012 in the Tulsiram Prajapati case arraigning Amitbhai Anlchandra Desai as the prime accused.
On 25.07.2010, Amitbhai Anilchandra Shah was sent to judicial custody and was granted bail by the Gujarat High Court vide order dated 29.10.2010. Against the said order, the CBI immediately approached this Hon’ble Court on 30.10.2010 by way of S.L.P. (Crl.) No.9003 of 2010 titled as ‘CBI vs. Amitbhai Anilchandra Shah & Anr.’ seeking cancellation of bail so granted.
Thereafter, on 13.01.2011, the CBI filed the Transfer Petition (Criminal) No.44 of 2011 titled as ‘CBI vs. Dahyaji Gobarji Vanzara & Others’ for transfer of the Sohrabuddin case bearing Special Case No.5 of 2010 pending in the court of Additional Chief Metropolitan Magistrate, CBI, Mirzapur Ahmedabad, titled ‘CBI v. D.G. Vanzara & Ors’ to the CBI court in Mumbai or any other State and for a further direction for constitution of a special court on the ground that a fair trial was not possible in Gujarat.
S.L.P. (Crl.) No.9003 of 2010, converted as Criminal Appeal No.1503 of 2012, was finally heard by this Hon’ble Court along with the Transfer Petition (Criminal) No.44 of 2011.
Vide Final Judgment and Order dated 27.09.2012, reported as CBI vs. Amitbhai Anil Chandra Shah, (2012) 10 SCC 545, this Hon’ble Court declined to cancel the bail granted to Amitbhai Anilchandra Shah on the ground that;
 “…we are not inclined to cancel the bail granted to Amitbhai Shah about two years ago. Had it been an application for grant of bail to Amitbhai Shah, it is hard to say what view the Court might have taken but the considerations for cancellation of bail granted by the High Court are materially different and in this case we feel reluctant to deprive Amitbhai Shah of the privilege granted to him by the High Court.”

Curiously, Mr. Rubabbuddin Sheikh was represented in these proceedings while there was no representation on behalf of Smt. Narmadabai though she had been actively persuing her case earlier.

However, this Hon’ble Court was pleased to allow the Transfer Petition filed by the CBI and the Sohrabuddin case was transferred to Mumbai with liberty to the CBI to seek transfer of Tulsiram Prajapati case to Mumbai as well.
Thereafter, Amitbhai Anilchandra Shah preferred Writ Petition (Crl.) 149 of 2012 seeking quashing of the FIR No. RC-3(S)/2011/Mumbai dated 29.04.2011 filed by the CBI in respect of Tulsiram Prajapati fake encounter and praying for the Chargesheet dated 04.09.2012, filed in pursuance thereto, to be treated as a supplementary Chargesheet in the Sohrabuddin Sheikh case. Such prayer was allowed by this Hon’ble Court vide Final Judgment and Order dated 08.04.2013 reported as Amitbhai Anilchandra Shah vs. CBI & Anr., (2013) 6 SCC 348. As such, the Tulsiram Prajapati case will now be jointly tried along with the Sohrabuddin Sheikh case at Mumbai.
Thereafter, Amitbhai Anilchandra Shah sought relaxation of his bail conditions which was allowed by this Hon’ble Court vide Order dated 12.08.2013 on the ground that “no untoward incident occurred at his instance, we are inclined to modify the said order.”
However, the video footage annexed herewith will reveal that Amitbhai Anilchandra Shah, along with Members of Parliament and senior BJP leaders, was actively involved in manipulating Smt. Narmadabai, the Writ Petitioner/Complainant in the Tulsiram Prajapati case, which it is respectfully submitted amounts to interfering with and obstructing administration of justice.

As part of his reportorial assignments, the Writ Petitioner has travelled extensively in the State of Gujarat and is presently in the process of writing a book on connecting all the dots in the Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter cases. The Writ Petitioner is in possession of more than 50,000 pages of manuscript that will shed light on the conspiracies and mysteries involved in these cases. In this pursuit, the Writ Petitioner came into contact with Smt. Narmadabai, mother of Tulsiram Prajapati and the Writ Petitioner/Complainant in Tulsiram Prajapati case, in June 2011.
Also as a journalist covering the BJP and other political parties, the Writ Petitioner was familiar with several BJP leaders including Prakash Javdekar with who he was acquainted with since 2007. His endeavor towards writing the aforesaid book had already raised some eyebrows in the BJP and they were aware of his familiarity with the family members of victims of these encounter cases.
Having knowledge of the fact that the Writ Petitioner was writing the aforesaid book and that he was acquainted with Smr. Narmadabai, in January 2012, Prakash Javdekar (Rajya Sabha MP and Spokesperson of BJP) approached the Writ Petitioner seeking his help in arranging an interview with Smt. Narmadabai for some lawyers with a view to start the process for obtaining compensation from the Gujarat Government for the Prajapati family.
Being an humanitarian cause, the Writ Petitioner readily agreed. However, due to his father’s illness and his subsequent death in May 2012, the Writ Petitioner could not meet Prakash Javdekar immediately and finally in the month of June 2012 he was invited by Prakash Javdekar to a luncheon at his Official Residence at No.24 Mahdev Road, New Delhi – 110 011, where, to his surprise, Bhupendra Yadav (Rajya Sabha MP and Secretary of BJP) and Manoj Dwivedi (Former Additional Advocate General of the State of Madhya Pradesh) were present at the table. It was then that he was informed that Vakalatnamas would have to be executed by Smt. Narmadabai for processing the compensation and he was informed that Manoj Dwivedi’s associate Govind Purohit (Advocate) would accompany him to Ujjain for this purpose.
This strange and unusual request coming from them got the Petitioner suspicious since he was fully aware of the facts of the case. This also raised doubts about the motives of the BJP leaders and he decided to video record all subsequent meetings.
The Petitioner and Govind Purohit visited Smt. Narmadabai at Ujjain in August 2012 and Govind Purohit obtained a dozen blank and undated Vakalatnamas for all forums including this Hon’ble Court. Relevant excerpts of transcripts of video footage captured during this meeting is extracted herein for the sake of convenience;
Govind Purohit to Smt. Narmadabai:

“Ye iske andar aapka aisa hai wo hai kagaj hai ki ye matlab aapki taraf se … main shapath grahita apni or se lambit muqadmon mein pairavi hetu abhibhashak niyukti … abhbashak niyukit evam prakaran ke sambandh mein … abhibhashakon se charcha hetu evam samast nyayalay prakarn hetu meri or se liye jaane wale nirnay hetu mujhko … matlab mujh waqil ko … adhikrit karti hoon … ye hai (This is written in it … this is a document … I mean on your behalf which says I the undersigned … appoint you with regard to pleading in all pending cases and argue my case and authorize you, I mean myself the attorney, to take decision in all matters of the courts … that’s it).”

He then explains it to her sans legalese

“Aapki or se ladne ke liye … aapki or se kisi ko engage karna ho kisi ko toh uske liye ye hum … ye aapka ye patra hai (To fight the case on your behalf … to appoint somebody on your behalf … we … this is your letter [authorizing us]).”

On their way back, Govind Purohit enquired from the Petitioner if they could offer any money to Narmadabai. The Petitioner was taken aback and informed Govind Purohit that compensation to be paid by the Gujarat government would be sufficient.
On reaching Delhi, the Petitioner was informed by Prakash Javdekar that he had received the Vakalatnamas and asked him if some money was to be sent to Narmadabai or if a new house could be constructed for her. Again the Petitioner refused stating that the compensation that would be paid by the Gujarat Government would be sufficient.
Thereafter, there was a lull and, in October 2012, the Writ Petitioner enquired from Sh. Pawan Prajapati, brother of Tulsiram Prajapati, if their family had received any compensation from the Gujarat Government and was informed that no one had so far approached the Prajapati family in respect of any compensation.
With a view to draw out the BJP Leaders and to unearth what appeared to be a deep-rooted insidious conspiracy to subvert the judicial process by suborning witnesses, the Petitioner decided to come up with a wholly fictitious story.
The Petitioner contacted Prakash Javdekar over the telephone and also personally met him to inform him that Rubabbuddin Sheikh had also obtained another set of Vakalatnamas from Smt. Narmadabai which eventually unfolded, on video tape, the sordid saga of criminal conspiracy hatched by the top leaders of BJP including Amitbhai Anilchandra Shah, Prakash Javdekar, Bhupendra Yadav and Ramlal Ji to extricate the accused Amitbhai Anilchandra Shah from the Tulsiram Prajapati encounter case which criminal conspiracy, it is respectfully submitted, as is evident from the conversation as it unfolds was also within the knowledge of Narendra Modi.
In view of the above, the Petitioner was immediately approached by Prakash Javdekar and Bhupendra Yadav. Excerpts of the transcript of conversation with Bhupendra Yadav captured on video tape is extracted herein for the sake of convenience;
Miffed Bhupendra Yadav to the Writ Petitioner;

“Vyavaharik baat ye hai Pushp bhai ki maine aapse vakalatnama le liya (The practical thing is that I have got a vakalatnama from you) … now I am your lawyer … aapne toh doosre din jake keh diya ke nahin ab mera wo lawyer hai … ye koi tareeka thodi hota hai (The very next day, you go there and tell the court no I have another lawyer now … this is not acceptable).”

“Wo likh ke diya toh vishay khatm ho gaya … sara hi kaam kharab ho jayega … agar wo affidavit sign kar rahi hai toh vakalatnama lane ka koi arth hi nahin rahega (If she has given it in writing then the topic is over … everything is ruined … if she has signed another affidavit then there is no use of this vakalatnama [which we have]) … it is a zero.”

“Bhai mere ko agar vakalatnama diya hai I am your lawyer now … can you change again the lawyer … how can you file the other affidavit? Then what is the reliability of first affidavit.”

“Pushp bhai aap Prakashji ko bulakar clear kar lo … mujhe lagta hai … ki misunderstanding ho gayi hai … aapko keh raha hoon galat hua hai … poori exercise ka uska jo bhi hai wo sab galat ho gaya hai (Pushp bhai you get it cleared with Prakashji … I think there is some misunderstanding … I tell you there is something wrong… the whole exercise has gone in vain)

“Abhi dekho bhaiya hum itni ladai ko lad ke itna aage aye hain Supreme Court tak … hum wapis zero par aa jayein aur beech mein hum usmein sahbhagi banein aur uska koi apyash humare haath mein aye wo na aapko acha lagega na mereko acha lagega … maine aapki ek baat ko gaanth baandh liya hai … aapne sahi kaha hai ki cheezein abhi bigdi nahin hain … Prakash ji ke saamne baithke isko sort out kar denge (You see, we fought our way to reach the Supreme Court … we don’t want to go back to zero and become a party to it and earn discredit … neither you nor would I like this … I agree fully with you that things are not yet that bad … so we will sit and sort it out before Prakashji).”

“Baaki sambhal ke rakhna yaar mataji ko bhai (The rest, keep Mataji in good humour, Friend).”

The above leaves no doubt that the reason for obtaining the Vakalatnamas was no altruistic motive, as claimed, but an exercise to whittle down the Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter cases and subvert the judicial process set into motion by this Hon’ble Court.
On being implored by Bhupendra Yadav, the Petitioner met Smt. Narmadabai and thereafter went to meet Manoj Dwivedi at his Office at Indore where his associate Govind Purohit was present and the Petitioner instead spoke to Manoj Dwivedi over the telephone.
In the said meeting at Indore, what Govind Purohit says is revealing and relevant excerpts of the transcript are extracted herein;

Govind Purohit to the Writ Petitioner:

“Haan wo toh main keh raha hoon … uske alawa jaise wo compensation wagaireh honge toh wo to direct neeche waali court mein file honge … wo toh ooper jayega hi jayega … uske liye toh koi na koi apne ko dikhayi … wo toh openly humne likhwaya hi tha aapko dhyan ho toh ki (That is what I am saying … other than that, compensation cases are filed direct in the lower courts … that will move to the upper courts anyway … for that we will find someone … if you remember we had openly got it written there then that) we may engage any one.”

On the next day, the Petitioner met Manoj Dwivedi on the sidelines of a seminar that he was addressing at Ujjain. On being enquired regarding compensation for Smt. Narmadabai, he states as under;
Manoj Dwivedi to the Writ Petitioner:

“Uske liye asal mein kya hai … meri position bhi waisi hi hai … mujhe us waqt sirf itna bataya gaya tha ki aapko … ek aapko jo bhi … mujhe bataya bhi nahin gaya tha ki kya … mujhe message aya … mujhe message aya … bole aap Indore mein practice karte hain … maine bola haan … bole kya baat hai bole aap mujhe … kya kaam hai kya nahin kuch detail aap batayein … mujhe itna pata hai ki bhaisahib aapko milenge to unko itna-tina aapko cooperate karna hai … ab uske aage peechhe kya hai kya nahin dekho toh abcd bhi nahin pata (Actually, my position is not any different … I was told at that time only this much that … whatever you … I was not briefed what the whole issue is all about … I got a message … I got a message … he asked me if I practice in Indore … I said yes … I asked him what is the matter … give me some details of what the job is .. I was told that the fellow will meet you and you have to cooperate with him up to this … now I don’t know the abcd about what this whole thing is).”

“Meri baad mein Prakash ji se meri baat bhi hui … maine unse kaha bhi kum se kum aap ismein involve hain toh (Later on, I also spoke to Prakash ji … I told him if you are involved in this, then at least …)”

Thereafter, the Petitioner met Prakash Javdekar at his residence who got evasive and suspicious on noticing a black hole on his designer shirt. Statements of Prakash Javdekar on videotape demonstrates that he was receiving instructions from someone at the top in BJP:
Prakash Javdekar to the Petitioner:

“Nahin nahin … aap kya bol rahe hain mujhe samajh mein nahin aa raha hai (No, no … I don’t understand what you are talking).”

“Abhi kisi se baat karna nahin … jitna karna tha kar liya … chhod do (We don’t have to talk to anybody on this …We have done enough so far… drop it).”

“Ab dekho jo bhi batana tha sab kuch bataya hua hai achi tarah se ... unka jab tak koi phone nahin ayega main kya bataun … agar kuch ata hai toh (Now, you see I have told him whatever needed to be told, in clear terms … what can I tell you until he phones me … if there is something, then) I will inform you.”

On the Petitioner registering a protest that he was being slighted, Prakash Javdekar revealed his cards and informed the Writ Petitioner that the Vakalatnamas were used in the Tulsiram Prajapati case. Relevant excerpts of the transcript are as follows;
Prakash Javdekar to the Writ Petitioner:

“Nahin aap samjhe nahin unhone uska wo ulta hai (No, you don’t understand … they … conversely), whatever you have been given the inputs they have used it … used it completely.”

“Tulsi Prajapati mein use kiya hai (It has been used in Tulsi Prajapati’s case).”

The Petitioner then met Prakash Javdekar at his residence for dinner and Bhupendra Yadav arrives later where he is asked to obtain a fresh Vakalatnama from Narmadabai. When the Petitioner informs them that Narmadabai would require protection from coercion and physical harm from the other interest group, he is told that security would be provided to Narmadabai through a local leader of BJP in Ujjain, Mohan Yadav.
Prakash Javdekar:

“Nahin, kya karna tha aur kya nahin hua … ye kyon ho (No, what was to be done and what was not done … why this happened).”

Bhupendra Yadav to the Writ Petitioner:

“Agreement ye hi tha na usko apan ne saadhan wgaireh isliye muhaiyya karyae the taki ab hum uske waqeel hain apne ko usse isi pe rakhna hai … apne ko usse isi pe rakhna hai …. baaki kuch bhi ho baaki agar usko koi local protection chahiye toh uski toh baat hi alag hai (The agreement was whatever means we had provided it was only to ensure that we are her lawyers and she has to stick to it … we have to ensure she sticks to it … the rest … if she require protection then that is another matter).”

Bhupendra Yadav:

“Ek baar vakalatnama dene ke baad wo idhar udhar nahin jaani chahiye main baat ye hai (After giving us a vakalatnama she should not seek to change it … that is the main issue)

Bhupendra Yadav to the Writ Petitioner:

“Local protection mein toh agar Prakashji anumati dein toh mein Mohan Yadav se baat karta hoon … wo Ujjain ka hi rahne wala hai (As far as local protection is concerned, then if Prakashji allows me, I shall speak to Mohan Yadav … is a resident of Ujjain itself).”

Prakas Javdekar to Bhupendra Yadav:

“Kaun Mohan Yadav (Who is this Mohan Yadav).”

Bhupendra Yadav to Prakash Javdekar:

“Mohan Yadav Ujjain ka rahne wala hai … Vidyarthi Parishad ka mantri tha … Madhya Pradesh Tourism Board ka chairman hai aur Ujjain ka toh wo bada Bha. Ja. Pa. neta hai (Mohan Yadav is stays in Ujjain … was secretary of [Akhil] Bharatiya Vidyarthi Parishad … is now Chairman of Madhya Pradesh Tourism Board and is a big BJP leader of Ujjain)”

As a ruse, the Petitioner indicates his political ambitions and his intention to strike a deal, to which, Prakash Javdekar responds as under;
Prakash Javdekar to the Petitioner:

“Party ke rishte mein to aapko … ho gaya (With regard to your relationship with the party … you take it as done).”

The Writ Petitioner then asks Prakash Javdekar to speak with Narendra Modi, the head of the BJP’s election campaign in 2014 general elections. Prakash Javdekar’s response to this proposition is demonstrative of the fact that even Narendra Modi was privy to this conspiracy.
Prakash Javdekar to the Writ Petitioner:

“Aap suno na … main kuch bhi bola hoon lekin ismein teesre ka to koi mudda nahin hai (Listen to me … whatever I have spoken but there is no issue with regard to the third of your condition). Maine khud aapse wo mukhyamantri hain toh unko bhi kisi vajahse jaante honge  … toh unka   ye tha thoda toh maine wo bhi correct picture dedi thi… jo hai wo maine bata diya … maine kaha bhai jo jo baat unhone kahi thi court mein aisa hone wala hai Tulsi ka ho … Solanki ka ho … pehle wala ho wo aisa hi hota … number doh … toh itna toh saaf hai ki wo koi jyotish toh hai nahin (I myself … since he is chief minister after all … he might be knowing him for some reason … he had some issues in this regard … I gave him a correct picture … whatever it was I told him … I told him brother whatever he said is going to happen in the court in the case of Tulsi … in the case of Solanki … or the earlier one … that happens only that way … No. 2, it is now clear that he is no astrologer).”

“Ab toh aapko … maine jaake Modi ko bataya … Modi se baat kiya toh Amit ko bataya … main gaya tha … meri baat hui aur usmein ye bhi jikra kiya maine … toh unhone kaha ki Amit hi usko dekhega aur karega … jo bhi use karna hai aur toh usko report karna hai (Now, you … I went to Modi to tell him … I spoke to Modi and also told Amit … I went … I had a discussion and I mentioned this also … he (Modi) told me that only Amit would oversee it and will do the needful … whatever method he has to use and so report it to him).”

From the above, it is apparent that they were all acting under the instructions of Amitbhai Anilchandra Shah and further that this was done with the knowledge and express consent of Narendra Modi.
It is submitted that the criminal conspiracy to manipulate and to influence the  Petitioner/Complainant in the Tulsiram Prajapati case was sponsored by the top most leaders of BJP with the sole intent to benefit Amitbhai Anilchandra Shah by diluting the case against him, presumably acting under the instructions of Narendra Modi.
When the Writ Petitioner takes his ‘woes’ to Ram Lalji (General Secretary of BJP) that Prakash Javdekar did not facilitate his entry into BJP at some post, as promised, it becomes evident that even Ram Lalji was fully aware of and involved in this conspiracy to obstruct administration of justice.  Ram Lalji is a senior prominent leader from the RSS who is has been deputed to the BJP to act as an interface between RSS and the BJP.
Ram Lalji to the Writ Petitioner:

“Nahin, wo Javdekarji … ne … share karte hain … ye bataya unhone mujhe … ye hua hai … toh maine kaha dekho thoda vaicharik drishti se ek commitment ke naate in sab cheezon ki chinta na karein … apna focus jo unhein karna hai wo karte rahein … aur ismein ek commitment ke naate khud hi sahyog karein (No … actually Javdekarji … he shares with me … he has told me all this … this has happened … so I said you see it from an ideological point of view and in view of the a commitment made … one should not worry much about all these things … he should focus on whatever he wants … and he should cooperate from the point of view of a commitment given).”

Thereafter, the Petitioner was hoping to get a personal interview with Amitbhai Anilchandra Shah and Narendra Modi so as capture their direct involvement on camera in the said criminal conspiracy, but despite several attempts, the Petitioner failed to get a personal interview with them. The Petitioner finally decided to bring the facts to the notice of this Hon’ble Court and come out into the open with the facts since it appears that the Respondents are now suspicious of his intentions and it was not possible to gather any further information. The Petitioner being afraid for his safety and security has been constantly moving from place to place in the last few months so as to avoid detection while at the same time analyzing the Video Footage captured and transcribing the audio himself.
All of the above must be read in context that it has been the endeavor of the Respondents to somehow coerce the victims/being the family of Tulsiram Prajapati to win them over they have been consistently turning down offers of payments from various quarters despite tremendous pressure and threats from powerful persons.
Pawan Prajapati (Brother of Tulsiram Prajapati) to the Petitioner:

“Bees lakh bol rahe the … bees lakh rupaye de dete hain … aur mujhe bol rahe the kahin naukri waukri laga denge tumhari … ye sarkari naukri laga denge (They were quoting Rs. 20 lakh … will give you Rs. 20 lakh … and were telling me they will get me a government job somewhere).”

When asked who they were, “Ye pata nahin … matlab kiski taraf se aaye … baaki unhone ye bola ke bola aap toh matlab marne wala mare gaya bole paisa liyo aur ek taraf ho lo (I don’t know who they were … they said the man is dead so take the money and forget about it).”

“Wo kagaz pe sign karna hoga … meri taraf se maaf ho sab aap …. bole … meri taraf se maaf ho … ab matlab aisa mereko bolna hai wahan pe ([They told me] I will have to sign a paper … [declaring that] I pardon you all … I mean I was supposed to say this there).”

“Nahin bhai wo clear nahin bata pa rahin … inka kehna hai ki jo policewale tafteesh kar rahi hai usko is tafteesh ko police ko hi karne diya jaaye … main CBI jaanch nahin chahti (No Brother, she is unable to put it clearly … what she means to say is that they wanted her to give an undertaking saying that let the policemen continue with their probe … I don’t want any investigation by the CBI).”

It is submitted that attempts have been consistently made by several powerful persons, on behalf of Amitbhai Anilchandra Shah, to coax, coerce and intimidate the family of Tulsiram Prajapati to compromise the matter and to back out from seeking CBI investigation into the involvement of the authorities and Amitbhai Anilchandra Shah into the fake encounter of Tulsiram Prajapati. Such efforts were thwarted due to the interference of this Hon’ble Court vide Final Judgment and Order dated 08.04.2013 reported as ‘Narmadabai vs. State of Gujarat & Ors., (2011) 5 SCC 79’. However, the Respondents 2 to 6, as demonstrated herein, have come up with another ingenious plan to whittle down the case by obtaining undated blank Vakalatnamas for all forums from the Complainant for planting lawyers in their confidence.
Hence the present Writ Petition.

The instant writ petition has been preferred on inter alia, the following grounds, which are taken without prejudice to one another:
Because it has been prima facie demonstrated that the Respondents 2 to 6 are interfering with and obstructing the administration of justice by manipulating the Complainant to execute undated and blank Vakalatnama so as to plant their own lawyers for the purpose of diluting the case against the prime accused Amit Anilchandra Shah. It is therefore submitted that a thorough investigation by the CBI into the facts disclosed in the petition is necessary and paramount for ensuring conduct of a fair trial.
Because an attempt has been made by the State, at every instance for the past seven years, to cover up the murderers of Sohrabuddin Sheikh and Tulsiram Prajapati and the involvement of the high and mighty in such murders. But for the indulgence of this Hon’ble Court, the role of Amitbhai Anilchandra Shah and other senior police officers would never have come to light and the cases would never have gone to trial.
Because an attempt is presently being made by the senior leaders of BJP to impede the Trial and other judicial proceedings in this regard by manipulating the Complainant with the sole intent to protect the accused Amitbhai Anilchandra Shah. It is submitted that the intervention and decisions of this Hon’ble Court in these matters would be set to naught by the aforementioned individuals by subversion of judicial process, who despite being parliamentarians have no respect or regard for the rule of law.
Because this is an affront and an attack on the independence of the Judiciary and its principal function of administration of justice. Unless this Hon’ble Court interferes yet again at this stage, these individuals will go about destroying judicial process and subvert the trial into one of the most serious and significant abuses of power by high political functionaries in the recent past.
Because a genuine CBI investigation into the Sohrabuddin Seikh and Tulsiram Prajapati fake encounter cases was possible only on account of the monitoring by this Hon’ble Court. However, if this Hon’ble Court does not interfere, in the facts and circumstances of the present case, the Respondents 2 to 6 and other high political functionaries will ensure that the Trial is a mere illusion.
Because, in light of the facts disclosed herein, the life and liberty of Narmadabai and the other witness are at stake and requires protection.
Because the Respondents 2 to 6 are extremely influential and powerful, and on the basis of facts disclosed herein, it is certain that Respondents 2 to 6, the high profile accused and high political functionaries will influence witnesses and interfere with fair trial unless this Hon’ble Court interferes in the present case. Any failure by this Hon’ble Court in taking strict action against the Respondents 2 to 6 and those others involved will only embolden the accused to obstruct and interfere with conduct of fair trial.
Because the facts disclosed herein is integrally linked with the investigation of the CBI into Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter cases and necessitates further investigation by CBI as to whether the Respondent No.2 has abused the liberty of bail granted to him by the Gujarat High Court vide its Order dated 29.10.2010 which was subsequently affirmed by this Hon’ble Court vide its Final Judgment and Order dated 27.09.2012 reported as CBI vs. Amit Anilchandra Shah & Ors., (2012) 10 SCC 545’.
Any other grounds that may be urged at the time of the hearing.
That the Writ Petitioner has not filed any other similar writ petition or any other petition/application pertaining to the issues involved in the present case and it is most humbly submitted that the present Writ Petition in public interest before this Hon'ble court under Article 32 of the constitution of India is the most appropriate and efficacious remedy available to the Writ Petitioner under the Constitution of India. The Writ Petitioner has no other efficacious or alternate remedy available against the impugned acts of the respondents 2 to 6 and has been compelled to approach this Hon’ble Court by way of the present petition. The petitioners state that the petitioners are approaching this Hon’ble Court under Article 32, inter-alia, for the reason that this Hon’ble Court is already ceased of the matters connected hereto by virtue of Writ Petition (Crl.) 6 of 2007, Writ Petition (Crl.) 115 of 2007, S.L.P. (Crl.) 9003 of 2010 converted as Criminal Appeal 1503 of 2012, Transfer Petition (Crl.) 44 of 2011 and Writ Petition (Crl.) 149 of 2012. Furthermore, allegations of subversion of judicial process made herein have a direct bearing on the implementation of the Orders of this Hon’ble Court in the aforesaid proceedings.
That this Hon’ble Court has the jurisdiction to entertain and adjudicate the present petition.

In view of the facts stated and averments made aforesaid it is most respectfully prayed that this Hon’ble Court may be pleased to:-

Issue a writ order or direction under Article 32 of the Constitution directing the Central Bureau of Investigation to further investigate into the facts disclosed herein and take appropriate action against those found guilty of subversion of judicial process;
Issue a writ order or direction under Article 32 of the Constitution directing the Central Bureau of Investigation to investigate into instances of abuse of liberty of bail granted to the Respondent No.2 by the Gujarat High Court vide its Order dated 29.10.2010 which was subsequently affirmed by this Hon’ble Court vide its Final Judgment and Order dated 27.09.2012 reported as CBI vs. Amit Anilchandra Shah & Ors., (2012) 10 SCC 545’;
Pass such other/further orders as this Hon’ble Court may deem fit and proper in the present case.

Filed by :

 Ms. Kamini Jaiswal

Advocate for the Petitioner

Filed on: 02.09.2013

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