Ishrat Encounter case: CBI court orders arrest warrant against Gujarat top cop


Business Standard
Ahmedabad May 2, 2013 Last Updated at 20:14 IST

Special CBI Judge asked for the issuance of an arrest warrant for Pande, who has gone underground and is allegedly being protected by the state government

A special CBI court in Ahmedabad on Thursday ordered that an arrest warrant be issued against Additional Director General of Police (ADGP) P P Pande, who according to the central agency was involved in 2004 alleged fake encounter case of Ishrat Jahan and three others.

Special CBI Judge Gita Gopi agreeing with the demand of Central Bureau of Investigation (CBI), directed the Additional Chief Judicial Magistrate to issue an arrest warrant for Pande, who as per the central agency had gone underground and was being protected by the state government.

Last week CBI DySP and investigating officer of the encounter case G Kalaimani had filed a revision application challenging the order, dated April 25, of Additional Chief Judicial Magistrate (ACJM) of the CBI court which had rejected CBI’s demand for the issuance of arrest warrant for Additional DGP (Crime) Pande.

CBI, in its revision application had sought issuance of arrest warrant for Pande under section 73 of the CrPC (criminal Procedure Code), and claimed that the senior IPS officer was evading CBI and it has become necessary for the agency to seek court’s help.

Counsel for the CBI had told the court during arguments on the application that they had issued two summons, on April 22 and 24 respectively to Pande, but he had not responded to it.

When CBI went to his residence at Ahmedabad, his son refused to give information about Pande’s whereabouts and his official mobile phone was also not reachable, he had added.

CBI wants to interrogate Pande in connection with the Ishrat Jahan encounter case, but was not able to do so because the officer was not traceable. Therefore, it had approached the court seeking issuance of arrest warrant for Pande.

Pande, a 1980 batch IPS officer of Gujarat cadre, was Joint Police Commissioner of Ahmedabad crime branch, when on June 15, 2004, Ishrat Jahan along with Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in a police encounter on the outskirts of the city. After the encounter the crime branch officials had claimed that the four were terrorists and had come to Gujarat with a plan to assassinate Chief Minister Narendra Modi.

In December 2011 the Gujarat High Court handed over the investigation in the encounter to CBI after a special investigation team appointed by it concluded that the killing of Ishrat and three others was stage managed by Gujarat police. As many as five cops have been arrested so far in the case by the CBI.

 

Madras court orders CBI enquiry into a ‘ MISSING 17 YEAR OLD BOY “, as CB-CID botched up the investigations


The Hon'ble Chief Justice of India: Request to Provide a Immediate CBI Investigation to my Son's case.

 

BACKGROUND OF THE CASE

On October 15 of 2011, SANDESH, aged 17, student +1 at Maharishi Vidya Mandir, Hosur, went to a nearby store but he didn’t return back. We looked for him all night but could not find him.  His father  went to the Sipcot Police Station the next day, but my FIRwas lodged only two days later.On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID. but the CB-CID also botched up the investigations  and they gave family  an unclaimed body of 40 years old Ias that of  Sandesh’s body,  The familyw ent to court again asking CBI inquiry which was granted  1April 2013 , THE MADRAS COURT HAS ordered CBI inquiry

THE FATHERS ANGUISH BELOW— 

DELAY IN INVESTIGATIONS BY THE POLICE:

Even after the FIR was lodged, the police didn’t take any sort of action to trace my son. When I insisted, the talaash format of the Complaint and the Call reports of my son’s mobile were reported only after a month later. I always suspected Raj Kumar I.R (A central excise Inspector as on date) and his wife Hemalatha (a govt. school teacher) as their daughter Monisha had a love affair with my son. And my Son used to attend tuitions held by Monisha’s Mother for past 3 years. Later, I came to know that they are the only one who has the illegal custody of my son, Sandesh.  Although I Tried, My complaint against the above said was never lodged by the Sipcot Police Station and Instead I was threatened by an officer who said not to go against them. When I did I lost my job as Raj Kumar I.R informed my company management not to let me allow my Job. I was a Employee at Aankit Granites Ltd.,And was Production Incharge with a monthly salary of Rs.20,000/- And due to Raj Kumar I.R I lost my job, as I took steps against him.

As the Police did not take any sort of steps to trace my son, I, with a prayer many authorities as follows:

Ø  The Sub collector, Hosur

Ø  The  District Collector, Krishnagiri Dist

Ø  The  Assistant Superintendent of Police, Hosur

Ø  The  Superintendent of police, Krishnagiri

Ø  DIG, Salem

Ø  IG, Coimbatore

Ø  DGP, Chennai

Ø  CM- CELL, Tamil Nadu

But there was no response of any kind from them. And my FIR against Raj Kumar I.R and Hemalatha wasn’t lodged and no action was taken.

When I met the DIG, Salem, he in front of me ordered the Superintendent Of Police, Krishnagiri through phone and signed in the petition of mine stating ‘ to alter the case to a kidnapping case and to arrest the accused’, but for some reasons, SP, krishnagiri didn’t do as directed.

Prayer to the MADRAS HIGH COURT to produce my son:

In the Month of December of 2011, I had to file a Habeas Corpus Petition (1908/2011) at the madras High court, as I had no alternate way. I shed all my hopes at the High Court. In the Earlier Prosecutions, first the case was directed to the JSP of Hosur, R.V Ramyabharathi, who stated in her status reports that she is looking for my son and also having a close watch at the Under Suspects. Then, the case was directed to the Superintendent of Police, Krishnagiri, Abhishek Dixit, who tried to close the case with an ulterior motive to save Raj Kumar I.R and Hemalatha.

WRONG JUDGEMENT, DENIED JUSTICE:

                                                       When the Matter came up for hearing on 25 June 2012, Additional Public Prosecutor, Govindarajan informed the Division bench comprising Justices KN Basha and P Devadass, that a skull had been recovered and that it would be sent to the Forensic department for Analysis and Scientific Investigation. And the Bench declared my son dead and altered the case to Section 174 of CrPc, without knowing the truth and without any kind of approval from my side. The next hearing was posted to July 9 2012 for the final report of police. The DNA tests were conducted only on 29 June 2012. I always co-operated with the police and give my blood samples knowing the truth that the skull recovered was not that of my son’s but the police never had a co-operation with us.

FALSE CLAIMS BY THE POLICE:

The Claim made by the police is entirely false. The Skull, which was recovered belongs to a 40 year old whose body was found on 24 October 2011 in a lake at Hosur and a Case was Registered at the Sipcot Police Station (FIR: 374/2011) as a un- identified body. The case was registered at the same Police station where my case is lodged. The skull recovered by the police is not my son’s at all. And also, The SP, Abhishek Dixit always harassed me and my family stating that my son is dead, which is entirely false. And earlier, when the case was directed to the SP, the ID marks of my son were very often replaced with the false ones at the TN police website, without my knowledge.

All this incidents prove a sign of danger to my son.

A RAY OF HOPE:

On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID.The bench issued the following order as in the Order copy.

(1)    The Additional Director General of Police, CBCID, Chennai is hereby directed to nominate a competent officer not below the rank of Deputy Superintendent of Police to take up the further investigation in this case within a period of ten days from the date of receipt of a copy of this order and also intimate the first respondent about the nomination of the said officer.

(2)    The First Respondent, in turn, on receipt of the intimation from the Additional Director General of Police, CBCID, Chennai, shall hand over the entire records relating to the Crime Nos.368/2011 and 374/2011 to the said nominated officer within a period of seven [7] days from the date of receipt of the said intimation.

(3)    The Said Nominated officer shall take all efforts to expedite the investigation and complete the same as expeditiously as possible and shall file a final report, more particularly, within a period of three months from the date of receipt of the records from the first respondent.

(4)    Post the matter after three months.

This order was issued on 11-07-2012 for the HCP 1908/2011.

FADING HOPES AND LOSING FAITH, DELAY IN STARTING THE INVESTIGATION BY THE CB- CID:

I received my copy of the order. Although the Copy of the order was made ready and sent it to Additional Director General Of police, CB-CID but there was no response. When I enquired through phone and went personally at the Office They said that they haven’t received the Copy of the Order and were Helpless until they had the Order copy. I also sent a copy of the order to the ADGP, CBCID Chennai by mail but they said that would accept the one which is only from the Court. And there was no response from two [2] Months. The Investigation of the case came to stand still.

As there was responsible from CB- CID, I filed a petition again in the Madras High court C on September 3. The petition SR no: 36968 with serial 11 and the proceeding are awaited. On September 5, an Officer from CB CID called me to inform that he was the nominated officer. When asked, he said he was the nominated only on September 4. When I questioned the reason for delay, the reply that it could be due to ‘Administrative’ reasons. The officer appointed was Rajesh, DSP, Krishnagiri- Salem, CB –CID and Vijayraghavan, Inspector CB CID, Krishnagiri unit. In this case, Each and every moment is precious and one’s life at risk, but the CB- CID started their investigation after two [2] months from the date of order passed. By facing all these problems, I have no more belief in State Police and the CB CID of the state.

I  stay here in hosur with my wife and two children. Both of my sons study at Maharishi Vidya Mandir, Sipcot, Hosur, Elder son Sandesh in +1 and the younger Sandeep in 9th Standard. We all were leading a decent happy life but now, we are just helpless. There’s no trace of my son yet.

I hereby end this hopefully written Petition, believing that a CBI Investigation is ordered to my Son’s Case, to trace my son Sandesh Immediate. And Take Necessary Actions against the people for their wrong doings.

[SUSHIL MANDAL]

for more information contact- sushilm_8888@rediffmail.com and
Contact number’s are 09486071246, 09629676704.

Now after a year and half MADRAS COURT ORDERS CBI INQUIRY,

THE ORDER BELOW

Order_Copy_PDF

 

Father’s fight for his missing 17 year old son, Police claims he is dead- CBI inquiry ordered, yet to begin #justicedenied


 

The Hon'ble Chief Justice of India: Request to Provide a Immediate CBI Investigation to my Son's case.

I am Sushil Mandal, residing here in Hosur, Krishnagiri Dist., TN from past 17 years. I am the Petitioner herein and the petitioner in the HCP 1908 of 2011 in Madras High Court.

On October 15 of 2011, my elder son SANDESH, aged 17, student +1 at Maharishi Vidya Mandir, Hosur, went to a nearby store but he didn’t return back. We looked for him all night but could not find him. I went to the Sipcot Police Station the next day, but my FIR was lodged only two days later. My FIR 368/2011 is dated 18-10-2011.

DELAY IN INVESTIGATIONS BY THE POLICE:

Even after the FIR was lodged, the police didn’t take any sort of action to trace my son. When I insisted, the talaash format of the Complaint and the Call reports of my son’s mobile were reported only after a month later. I always suspected Raj Kumar I.R (A central excise Inspector as on date) and his wife Hemalatha (a govt. school teacher) as their daughter Monisha had a love affair with my son. And my Son used to attend tuitions held by Monisha’s Mother for past 3 years. Later, I came to know that they are the only one who has the illegal custody of my son, Sandesh.  Although I Tried, My complaint against the above said was never lodged by the Sipcot Police Station and Instead I was threatened by an officer who said not to go against them. When I did I lost my job as Raj Kumar I.R informed my company management not to let me allow my Job. I was a Employee at Aankit Granites Ltd.,And was Production Incharge with a monthly salary of Rs.20,000/- And due to Raj Kumar I.R I lost my job, as I took steps against him.

As the Police did not take any sort of steps to trace my son, I, with a prayer many authorities as follows:

Ø  The Sub collector, Hosur

Ø  The  District Collector, Krishnagiri Dist

Ø  The  Assistant Superintendent of Police, Hosur

Ø  The  Superintendent of police, Krishnagiri

Ø  DIG, Salem

Ø  IG, Coimbatore

Ø  DGP, Chennai

Ø  CM- CELL, Tamil Nadu

But there was no response of any kind from them. And my FIR against Raj Kumar I.R and Hemalatha wasn’t lodged and no action was taken.

When I met the DIG, Salem, he in front of me ordered the Superintendent Of Police, Krishnagiri through phone and signed in the petition of mine stating ‘ to alter the case to a kidnapping case and to arrest the accused’, but for some reasons, SP, krishnagiri didn’t do as directed.

Prayer to the MADRAS HIGH COURT to produce my son:

In the Month of December of 2011, I had to file a Habeas Corpus Petition (1908/2011) at the madras High court, as I had no alternate way. I shed all my hopes at the High Court. In the Earlier Prosecutions, first the case was directed to the JSP of Hosur, R.V Ramyabharathi, who stated in her status reports that she is looking for my son and also having a close watch at the Under Suspects. Then, the case was directed to the Superintendent of Police, Krishnagiri, Abhishek Dixit, who tried to close the case with an ulterior motive to save Raj Kumar I.R and Hemalatha.

WRONG JUDGEMENT, DENIED JUSTICE:

                                                       When the Matter came up for hearing on 25 June 2012, Additional Public Prosecutor, Govindarajan informed the Division bench comprising Justices KN Basha and P Devadass, that a skull had been recovered and that it would be sent to the Forensic department for Analysis and Scientific Investigation. And the Bench declared my son dead and altered the case to Section 174 of CrPc, without knowing the truth and without any kind of approval from my side. The next hearing was posted to July 9 2012 for the final report of police. The DNA tests were conducted only on 29 June 2012. I always co-operated with the police and give my blood samples knowing the truth that the skull recovered was not that of my son’s but the police never had a co-operation with us.

FALSE CLAIMS BY THE POLICE:

The Claim made by the police is entirely false. The Skull, which was recovered belongs to a 40 year old whose body was found on 24 October 2011 in a lake at Hosur and a Case was Registered at the Sipcot Police Station (FIR: 374/2011) as a un- identified body. The case was registered at the same Police station where my case is lodged. The skull recovered by the police is not my son’s at all. And also, The SP, Abhishek Dixit always harassed me and my family stating that my son is dead, which is entirely false. And earlier, when the case was directed to the SP, the ID marks of my son were very often replaced with the false ones at the TN police website, without my knowledge.

All this incidents prove a sign of danger to my son.

A RAY OF HOPE:

On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID.The bench issued the following order as in the Order copy.

(1)    The Additional Director General of Police, CBCID, Chennai is hereby directed to nominate a competent officer not below the rank of Deputy Superintendent of Police to take up the further investigation in this case within a period of ten days from the date of receipt of a copy of this order and also intimate the first respondent about the nomination of the said officer.

(2)    The First Respondent, in turn, on receipt of the intimation from the Additional Director General of Police, CBCID, Chennai, shall hand over the entire records relating to the Crime Nos.368/2011 and 374/2011 to the said nominated officer within a period of seven [7] days from the date of receipt of the said intimation.

(3)    The Said Nominated officer shall take all efforts to expedite the investigation and complete the same as expeditiously as possible and shall file a final report, more particularly, within a period of three months from the date of receipt of the records from the first respondent.

(4)    Post the matter after three months.

This order was issued on 11-07-2012 for the HCP 1908/2011.

FADING HOPES AND LOSING FAITH, DELAY IN STARTING THE INVESTIGATION BY THE CB- CID:

I received my copy of the order. Although the Copy of the order was made ready and sent it to Additional Director General Of police, CB-CID but there was no response. When I enquired through phone and went personally at the Office They said that they haven’t received the Copy of the Order and were Helpless until they had the Order copy. I also sent a copy of the order to the ADGP, CBCID Chennai by mail but they said that would accept the one which is only from the Court. And there was no response from two [2] Months. The Investigation of the case came to stand still.

As there was responsible from CB- CID, I filed a petition again in the Madras High court C on September 3. The petition SR no: 36968 with serial 11 and the proceeding are awaited. On September 5, an Officer from CB CID called me to inform that he was the nominated officer. When asked, he said he was the nominated only on September 4. When I questioned the reason for delay, the reply that it could be due to ‘Administrative’ reasons. The officer appointed was Rajesh, DSP, Krishnagiri- Salem, CB –CID and Vijayraghavan, Inspector CB CID, Krishnagiri unit. In this case, Each and every moment is precious and one’s life at risk, but the CB- CID started their investigation after two [2] months from the date of order passed. By facing all these problems, I have no more belief in State Police and the CB CID of the state.

I  stay here in hosur with my wife and two children. Both of my sons study at Maharishi Vidya Mandir, Sipcot, Hosur, Elder son Sandesh in +1 and the younger Sandeep in 9th Standard. We all were leading a decent happy life but now, we are just helpless. There’s no trace of my son yet.

I hereby end this hopefully written Petition, believing that a CBI Investigation is ordered to my Son’s Case, to trace my son Sandesh Immediate. And Take Necessary Actions against the people for their wrong doings.

[SUSHIL MANDAL]

for more information contact- sushilm_8888@rediffmail.com and
Contact number’s are 09486071246, 09629676704.

 

Koodankulam: Protests all over India, activists being arrested in Tamil Nadu


Internationally recognized symbol. Deutsch: Ge...

Internationally recognized symbol. Deutsch: Gefahrensymbol für Radioaktivität. Image:Radioactive.svg (Photo credit: Wikipedia)

March24- Update

With no signs of dampening of people’s morale in Idithakarai, the situation in Koodankulam is getting crucial. And the government has pitched up its intimidation in response.

On March 23, 2012, concerned citizens, anti-nuclear groups and civil society organisations all over India observed a national day of protest supporting the people in Tamil Nadu opposing the Koodankulam Nuclear Power Plant (KKNPP). 1-day hunger strike was organised in Pune, Mumbai, Delhi, Kolkata, Hyderabad and other places of the country. In Chennai, the Koodankulam Support Group’s hunger strike entered 3rd day today. The National Alliance of People’s Movement (NAPM) held a day long sit-in and hunger protest at Jantar Mantar near the Indian parliament in New Delhi.

At the grassroots, the indefinite fast of 15 people including Dr. S P Udayakumar, Pushparayan and others, entered 6th day today. The people observing hunger-strike also include  Melret and 7 women.  The health condition of  fasting activists is on a constant decline, particularly the falling blood pressure of Pushparayan is a concern.  The immediates demands of the hunger-strike in Idinthakarai are: release of 10 activists arrested on March 19th from Koodankulam, removal of the heavy police deployment in the area and adherence to AERB guidelines for commissioning of reactors that includes elaborate safety drills and other steps.

While the Additional Director-General of Police (Tamil Nadu) claimed that situation in Koodankulam is ‘normal’ and police has not obstructed mobility of people and goods, the people in the region are intimidated by heavy police presence and arbitrary arrests of activists, slapping serious charges of sedition and war on Indian state.  Vanni Arasu was picked up on his way from Chennai to Madurai at midnight. Another anti-Koodankulam activist, Satish Kumar was picked up at Tirunelveli yesterday. Neither their location nor the charges under which they were arrested is known so far.

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