By way of the present petition under Art.32 of the Constitution the Petitioner is seeking the indulgence of the invocation of the extraordinary jurisdiction of this Hon’ble Court for implementation of the Rule of law by placing before this Hon’ble Court the gross abuse by people holding high positions and those that claim to be the representatives of a noble profession and the citizens of this country.
The Petitioners is constrained to move this Hon’ble Court under Art.32 of the Constitution of India since the present is an offshoot of a proceedings that are a consequence of a investigation and trial that was monitored by this Hon’ble Court. As also to place before this Hon’ble Court the gross misuse and abuse of liberty granted to the Respondent No.2 a prime accused in the fake encounter case. The Petitioner is an investigative journalist and has a visual recording of how the Respondents No 2- are using every method to subvert the course of justice to a common citizen. Further as soon as this fact of disclosure comes to the knowledge of the said powerful Respondents the would be immediate danger to the life of the Petitioner and the original complaiant.
BACKGROUND OF PROCEEDINGS BEFORE THIS HON’BLE COURT
26.11.2005
Sohrabuddin Sheikh and his wife Kausarbi murdered by the police on 26.11.2006 under the pretext of an encounter.
27.12.2006
28.12.2006
In the midnight intervening 27.12.2006/ 28.12.2006, Tulsiram Prajapati murdered by the police since he was a witness to the murder of Sohrabuddin Sheikh and his wife Kausarbi
12.01.2010
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’.
01.02.2012
FIR dated 01.02.2010 registered by the Central Bureau Investigation in the Sohrabuddin Sheikh fake encounter case by virtue of the aforesaid Order of this Hon’ble.
23.07.2010
Chargesheet dated 23.07.2010 filed by the CBI in the Sohrabuddin Sheikh fake encounter case and Amitbhai Anilchandra Shah a sitting minister in the BJP led government arraigned as an accused.
25.07.2010
Amitbhai Anilchandra Shah remanded to judicial custody.
29.10.2010
Bail granted to Amitbhai Anilchandra Shah by the Hon’ble Gujarat High Court.
11.04.2011
Writ Petition (Crl.) 115 of 2007 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.
29.04.2011
FIR dated 29.04.2011 registered by the CBI in the Tulsiram Prajapati fake encounter case.
04.09.2012
Chargesheet dated 04.09.2012 filed by the CBI in the Tulsiram Prajapati fake encounter case.
27.09.2012
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 and was pleased to allow the Transfer Petition (Crl.) 44 of 2011 filed by the CBI by transferring the Trial of the Sohrabuddin case to Mumbai with liberty to the CBI to seek transfer of Tulsiram Prajapati case to Mumbai as well.
08.04.2013
Writ Petition (Crl.) 149 of 2012 filed by Amitbhai Anilchandra Shah 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, whereby FIR dated 29.04.2011 filed by the CBI was quashed and the Chargesheet dated 04.09.2012 was treated as the supplementary Chargesheet in the Sohrabuddin Sheikh case.
12.08.2013
Vide Order dated 12.08.2013, this Hon’ble Court was pleased to relax the conditions of bail granted to Amitbhai Anilchandra Shah on the ground that “no untoward incident had occurred at his instance.”
UNDERCOVER INVESTIGATION OF THE PETITIONER
June 2011
While travelling in Gujarat in his endeavor to write a book on connecting all the dots in the Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter cases, the Writ Petitioner gained acquaintance of Smt. Narmadabai, mother of Tulsiram Prajapati in June 2011.
January 2012
As a journalist covering the BJP and other political parties, the Writ Petitioner was familiar with several BJP leaders including Prakesh Javdekar who he had been acquainted with him since 2007. Mr. Javdekar was aware that the Writ Petitioner was in the process of collecting data for writing the aforesaid book and in the process had built gained the confidence of Smt. Narmadabai, Prakash Javdekar approached the Writ Petitioner seeking his help in arranging a meeting for some lawyers with Smt. Narmadabai to facilitate her in getting some compensation from the Gujarat Government.
June 2012
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, the Writ Petitioner was invited for lunch at Prakash Javdekar’s official residence where Bhupendra Yadav (Rajya Sabha MP and Secretary of BJP) and Manoj Dwivedi (Former Additional Advocate General of the State of Madhya Pradesh) were present.
It was then that he was informed that the Petitioner should put them in touch with smt Narbadabai and 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.
June 2012 till date
This was a strange request as the Petitioner was aware of the controversy regarding the facts of the whole incident so being suspicious of their intentions, the Writ Petitioner decided to conduct an undercover investigation with the help of concealed cameras. The Writ Petitioner succeeded in capturing on camera criminal conspiracy hatched and executed by Members of Parliament, senior BJP Leaders and Advocates 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.
Related..
http://bhadasonline.blogspot.in/2013/09/bjp-leaders-conspired-to-protect-amit_5961.html
The Petitioners is constrained to move this Hon’ble Court under Art.32 of the Constitution of India since the present is an offshoot of a proceedings that are a consequence of a investigation and trial that was monitored by this Hon’ble Court. As also to place before this Hon’ble Court the gross misuse and abuse of liberty granted to the Respondent No.2 a prime accused in the fake encounter case. The Petitioner is an investigative journalist and has a visual recording of how the Respondents No 2- are using every method to subvert the course of justice to a common citizen. Further as soon as this fact of disclosure comes to the knowledge of the said powerful Respondents the would be immediate danger to the life of the Petitioner and the original complaiant.
BACKGROUND OF PROCEEDINGS BEFORE THIS HON’BLE COURT
26.11.2005
Sohrabuddin Sheikh and his wife Kausarbi murdered by the police on 26.11.2006 under the pretext of an encounter.
27.12.2006
28.12.2006
In the midnight intervening 27.12.2006/ 28.12.2006, Tulsiram Prajapati murdered by the police since he was a witness to the murder of Sohrabuddin Sheikh and his wife Kausarbi
12.01.2010
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’.
01.02.2012
FIR dated 01.02.2010 registered by the Central Bureau Investigation in the Sohrabuddin Sheikh fake encounter case by virtue of the aforesaid Order of this Hon’ble.
23.07.2010
Chargesheet dated 23.07.2010 filed by the CBI in the Sohrabuddin Sheikh fake encounter case and Amitbhai Anilchandra Shah a sitting minister in the BJP led government arraigned as an accused.
25.07.2010
Amitbhai Anilchandra Shah remanded to judicial custody.
29.10.2010
Bail granted to Amitbhai Anilchandra Shah by the Hon’ble Gujarat High Court.
11.04.2011
Writ Petition (Crl.) 115 of 2007 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.
29.04.2011
FIR dated 29.04.2011 registered by the CBI in the Tulsiram Prajapati fake encounter case.
04.09.2012
Chargesheet dated 04.09.2012 filed by the CBI in the Tulsiram Prajapati fake encounter case.
27.09.2012
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 and was pleased to allow the Transfer Petition (Crl.) 44 of 2011 filed by the CBI by transferring the Trial of the Sohrabuddin case to Mumbai with liberty to the CBI to seek transfer of Tulsiram Prajapati case to Mumbai as well.
08.04.2013
Writ Petition (Crl.) 149 of 2012 filed by Amitbhai Anilchandra Shah 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, whereby FIR dated 29.04.2011 filed by the CBI was quashed and the Chargesheet dated 04.09.2012 was treated as the supplementary Chargesheet in the Sohrabuddin Sheikh case.
12.08.2013
Vide Order dated 12.08.2013, this Hon’ble Court was pleased to relax the conditions of bail granted to Amitbhai Anilchandra Shah on the ground that “no untoward incident had occurred at his instance.”
UNDERCOVER INVESTIGATION OF THE PETITIONER
June 2011
While travelling in Gujarat in his endeavor to write a book on connecting all the dots in the Sohrabuddin Sheikh and Tulsiram Prajapati fake encounter cases, the Writ Petitioner gained acquaintance of Smt. Narmadabai, mother of Tulsiram Prajapati in June 2011.
January 2012
As a journalist covering the BJP and other political parties, the Writ Petitioner was familiar with several BJP leaders including Prakesh Javdekar who he had been acquainted with him since 2007. Mr. Javdekar was aware that the Writ Petitioner was in the process of collecting data for writing the aforesaid book and in the process had built gained the confidence of Smt. Narmadabai, Prakash Javdekar approached the Writ Petitioner seeking his help in arranging a meeting for some lawyers with Smt. Narmadabai to facilitate her in getting some compensation from the Gujarat Government.
June 2012
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, the Writ Petitioner was invited for lunch at Prakash Javdekar’s official residence where Bhupendra Yadav (Rajya Sabha MP and Secretary of BJP) and Manoj Dwivedi (Former Additional Advocate General of the State of Madhya Pradesh) were present.
It was then that he was informed that the Petitioner should put them in touch with smt Narbadabai and 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.
June 2012 till date
This was a strange request as the Petitioner was aware of the controversy regarding the facts of the whole incident so being suspicious of their intentions, the Writ Petitioner decided to conduct an undercover investigation with the help of concealed cameras. The Writ Petitioner succeeded in capturing on camera criminal conspiracy hatched and executed by Members of Parliament, senior BJP Leaders and Advocates 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.
Related..
http://bhadasonline.blogspot.in/2013/09/bjp-leaders-conspired-to-protect-amit_5961.html
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