Tag: Judge SJ Sharma

Samajwadi Party chief Akhilesh Yadav along with his father Mulayam Singh Yadav formally kicked off the poll campaign for 2019 Lok Sabha elections from Ferozabad on Friday.

Akhilesh was elected to Lok Sabha from Ferozabad seat in the 2009 general election and at present his cousin and SP general secretary Ram Gopal Yadav’s son Akshay Yadav represents the constituency.

The launching of poll campaign from Ferozabad is politically significant for Samajwadi Party as Akhilesh’s estranged uncle and bitter rival Shivpal Singh Yadav is likely to contest from the seat in the 2019 Lok Sabha poll.

Shivpal has floated his party — Pragatisheel Samajwadi Party (Lohia).

Both Akhilesh and Mulayam targeted the Bharatiya Janata Party for its failure to deliver on promises made during the 2014 general election and demonetisation of high value currency notes.

Address a meeting held to launch the SP poll campaign, Mulayam said, “The 2019 general election will decide the destiny of India. The BJP has a lot of fund and you can counter it only by your hard work and sweat. Take a firm resolve to dislodge the BJP in the 2019 polls.”

Making a fervent appeal to the voters for supporting sitting MP Akshay Yadav, the SP patron said, “Akshay Yadav is a bright young man who will serve your interests well. I have never seen such a huge turnout in a poll meeting in Ferozabad and this will definitely send a good message across UP and also in neighbouring states.”

Targeting the welfare schemes launched by the BJP government, Akhilesh said, “The BJP claims to have provided crores of LPG   connections to poor people across the state but very few people have the money to refill the empty cylinders.”

The SP chief reminded the gathering that Prime Minister Narendra Modi had promised to double farmers’ income but there was no let up in the plight of potato growers as they were forced to either go for distress sale or throw the   commodity on highways.

In the 2009 general election, Akhilesh Yadav successfully contested from two Lok Sabha seats—Kannauj and Firozabad — but vacated the Ferozabad seat later. His wife Dimple Yadav had contested the by-poll but was defeated by Raj Babbar of Congress.

Cautioning the locals, Akhilesh said, “I had contested election from this seat and Dimple too but some people misled you, so take care this time.”

A special CBI court will in all likelihood deliver the verdict in the case of  alleged twin fake encounters of notorious criminals Sohrabuddin Shaikh and Tusliram Prajapati and rape-murder of Kausar Bi, on December 21.

Two days after the Prosecution and defence lawyers wrapped up their final arguments, Additional Sessions Judge SJ Sharma — who presides over a special CBI court—noted that he would in all likelihood deliver the judgement on December 21.

“I need around 14 days. I am sure I will finish it by 21st December. If I don’t complete by December 21st, then I will pass the judgement on 24th December…. But I am very sure that I will be able to complete my work by 21st December,” the Judge said.

The alleged fake encounters of notorious gangsters Sohrabuddin and Tulsiram and disappearance of the former’s wife Kausar Bi during 2005-06 had resulted in a major political fallout involving the BJP-ruled Gujarat.

The Prosecution’s case was that Sohrabuddin had connections with Lashkar-e-Taiba and was conspiring to assassinate an “important political leader”,   presumably then chief minister and current Prime Minister Narendra Modi.

Initially, there were in all 38 accused in the case. Of them, 16 has been discharged — 15 by the special CBI court and one by the Bombay High Court.

The accused discharged in the case include BJP’s current national President and then Gujarat Minister of State for Home Amit Shah, Rajasthan Home Minister Gulab Chandra Kataria and high-profile Deputy Inspector General DG Vanzara, who headed the Anti-Terrorism Squad (ATS) and known for several encounters, Superintendent of Police Dinesh MN and Superintendent of Police Rajkumar Pandian.

All the IPS officers, arrested for the twin encounters, have been discharged.

In all, 22 accused were tried during the trial. They included two Deputy Superintendents of Police, Senior Inspectors, Inspector, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables of Gujarat and Rajasthan.

During the course of the trial, 210 witnesses were examined, of which 92 turned hostile.

When the court recorded their statement under Section 313 of the Code of Criminal Procedure, all the accused had claimed innocence and said they were arrested because of the rivalry among top police officials and other factors stemming then prevailing political situation in Gujarat.

On the last day of final arguments in the case, CBI counsel BP Raju admitted that there had been  “lacunae” in the Central agency’s investigation as they took over the case five years after the alleged incidents.

“The Sohrabuddin encounter took place in 2005, while the Tulsiram encounter happened in 2006. We came in picture in 2010,” Raju told the court.

So much so that some key witnesses turned hostile during the trial, weakening the CBI’s case.

On his part, the Judge observed: “I don’t blame CID. I don’t blame CBI. There are statements and witnesses. If they come here and say something else, it’s not your fault. You did your job…..both sides did their job well….your work is over, my work starts now.”

The CBI, however, maintained that they have enough material to prove that both the encounters were genuine.  However, the defence counsels in the case stated that the Prosecution had failed to prove the case beyond reasonable doubt.

During the last phase of the trial, a prosecution witness Azam Khan, who too is a criminal under custody, told the court that Sohrabuddin might have had a role in the murder of the then Minister of State for Home Haren Pandya, who he claimed had been killed on March 26, 2003, at the instance of Vanzara.

It may be recalled that Sohrabuddin, a “dreaded criminal”,  and his wife Kausar Bi were killed in an alleged fake encounter in November 2004 by the Gujarat Police near Gandhinagar in Gujarat. The case assumed considerable public importance owing to the alleged involvement of some of the high-profile politicians and IPS officers in it.

An aide Tulsiram Prajapati, who was the prime witness to the killings, was arrested by the police but was later killed in an encounter in December 2006 after the law-enforcers claimed he tried to escape from custody.

Later, the police had named 33 persons as accused in the case. Shah, who was Gujarat Home Minister at the relevant time in 2005, the then Home Minister of Rajasthan and several Gujarat IPS officers, lower police officials from both states besides Andhra Pradesh, were among the accused.

Several police officers from Gujarat were among the 33 accused in the “fake” encounters of Sohrabuddin Shaikh, Kausar Bi in November 2005 and Prajapati in December 2006.

The alleged Sohrabuddin fake encounter case was transferred to Mumbai in September 2012 at CBI’s request for fair trial. In 2013, the Supreme Court had clubbed Tulsiram Prajapati’s encounter killing case with that of Sohrabuddin.

In December, 2014, Special CBI Judge MB Gosavi in Mumbai discharged Shah and 16 other co-accused, citing either lack of sanction for prosecution or insufficient evidence against them.