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CBI court gags media from reporting on Sohrabuddin Sheikh encounter case trial

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CBI court gags media from reporting on Sohrabuddin Sheikh encounter case trial

[vc_row][vc_column][vc_column_text]Court’s order comes at a time when the mysterious death of CBI judge BH Loya in 2014, who at the time was presiding over the case, has triggered a sensation

Amid renewed interest in the Sohrabuddin Sheikh fake encounter case following conflicting news reports over the mysterious death of a judge who was presiding over the trial in 2014, a special CBI court in Mumbai, on Wednesday, banned the media from reporting on the proceedings of the trial.

“It may happen that the publication may create security problem for the accused persons, prosecution witnesses, the defence team and the prosecutor as well. I, therefore, find justification in the request of the defence team of lawyers. The application is allowed,” Additional Sessions Judge SJ Sharma said in his order on Wednesday.

While ordering the “complete ban on print, electronic and social media” reporting on the case, special CBI judge Sharma said: “Considering the sensitivity in the matter, likelihood of happening of any untoward incident and likelihood of effect on the trial of this matter, in case of day-to-day publication of evidence that may be brought on record, I am of the view not to allow media to make publication of any of the proceeding during the trial in the matter until further order.”

While the court order does not expressly mention whether or not the media will be allowed to attend the trial, reporters who were present in the courtroom when judge Sharma imposed the gag said that they were orally informed that they could sit in court while the proceedings go on.

The gag-order came on a handwritten request submitted by advocate Wahab Khan, counsel for Rajasthan policeman Abdul Rehman Khan – one of the accused in the alleged fake encounter case – in which he claimed: “Every day, a new development is being reported. The case already has a chequered history. We apprehend the security of witnesses, accused and even the defence lawyers (sic).”[/vc_column_text][vc_column_text css=”.vc_custom_1512031835862{padding-top: 5px !important;padding-right: 5px !important;padding-bottom: 5px !important;padding-left: 5px !important;background-color: #dddddd !important;border-radius: 5px !important;}”]Mysterious death of CBI Judge BH Loya mentioned in court

The defence advocates also referred to reports on the mysterious death of CBI Judge BH Loya, who had died under mysterious circumstances in 2014 while presiding over the trial in the case, which was then being heard in Gujarat. Judge Loya’s family members have recently alleged – according to an investigative report carried in The Caravan magazine – that his death was from “unnatural” causes and that reports of him succumbing to a cardiac arrest were fabricated. However, two contrary reports – first in The Indian Express and then on NDTV – have sought to demolish the arguments built up in the Caravan article and quoted sitting judge of the Bombay High Court – Justice Bhushan Gavai – as saying that there was nothing suspicious in Judge Loya’s death.

The doubts raised over the cause of Judge Loya’s death – by a section of the media, the legal fraternity and Opposition parties – have provoked calls for an independent inquiry. It is pertinent to note that at the time when the 48-year-old Judge Loya was presiding over the Sohrabuddin Sheikh encounter trial, BJP national president Amit Shah was an accused in the case. Shah was later discharged in the case by the judge who took over from Judge Loya.[/vc_column_text][vc_column_text]Other defence advocates appearing in the case also supported advocate Wahab Khan’s plea while special public prosecutor BP Raju submitted that the court may pass “appropriate orders” on the issue.

Reporters who were present during the proceedings told APNLive that some journalists made oral submissions before Judge Sharma, pleading that publication of the proceedings was in public interest, especially since the case was one that had evoked mass interest.

While the special CBI judge complimented the media for its “hard work and efforts to collect essential events and to publish them to make the public aware”, he said: “Even during collection of such events, number of incidents had happening in the past where many media persons had to face assault and suffer serious injuries.”

“However, in the proceedings…the popularly known case of the killing of Sohrabuddin, his wife, Kausarbi and their associate Tulsiram Prajapati….wherein the accused persons are none else but the police of Gujarat state, Rajasthan state and Andhra Pradesh and this case has been transferred to Mumbai court by the order of the Honourable Supreme Court. Number of witnesses have been examined by the state CID crime, Gujarat and CBI and the witnesses are police as well as private persons and in the past four years from the receipt of chargesheet, 15 accused who are the ministers of Gujarat and Rajasthan and high ranking police officers have been discharged, the matter appears sensational,” the court observed.[/vc_column_text][vc_column_text css=”.vc_custom_1512032405316{padding-top: 5px !important;padding-right: 5px !important;padding-bottom: 5px !important;padding-left: 5px !important;background-color: #e5e5e5 !important;border-radius: 5px !important;}”]Backgrounder to the alleged fake encounter case

In November 2005, Sohrabuddin Sheikh was traveling in a Sangli-bound bus from Hyderabad along with his wife Kausarbi and associate Tulsiram Prajapati. A police team had chased the bus and forced the three to de-board. Sohrabuddin, Kausarbi and Prajapati were then reportedly taken to Ahmedabad where Sheikh was allegedly killed. Kausarbi, a witness to the alleged murder of her husband by policemen, was also reportedly gunned down though later investigators in the case claimed that they never traced her remains. Prajapati, who had apparently escaped the encounter, was also allegedly killed in 2006.

In 2012, the Supreme Court had transferred the case to Mumbai after the CBI submitted that witnesses were being threatened and a free and fair trial was not possible in Ahmedabad under the circumstances.

Of the 38 original accused in the case, prominent persons who have so far been discharged on various grounds include former Gujarat anti-terrorism squad chief DG Vanzara and BJP national president Amit Shah.[/vc_column_text][/vc_column][/vc_row]

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Cockroach Janta Party gives CEC Gyanesh Kumar 48 hours to resign, warns of nationwide protests

Cockroach Janta Party founder Abhijeet Dipke has demanded the resignation of Chief Election Commissioner Gyanesh Kumar within 48 hours, warning of a nationwide agitation if the demand is not met.

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Cockroach Janta Party (CJP) founder Abhijeet Dipke has demanded that Chief Election Commissioner Gyanesh Kumar resign within 48 hours, warning that the organisation will launch a nationwide agitation if he does not step down.

The demand was made during a press conference on Thursday amid a wider controversy surrounding the Election Commission’s handling of electoral-roll-related matters and the ongoing Special Intensive Revision (SIR).

Dipke alleged that the functioning of the Election Commission under Kumar had raised concerns over the electoral process. These claims are allegations made by Dipke and should not be treated as established facts.

What did Abhijeet Dipke demand?

Dipke called for Gyanesh Kumar’s resignation within 48 hours. He warned that the CJP would begin a nationwide protest if the Chief Election Commissioner did not step down within the deadline.

The organisation said the proposed agitation would follow the lines of its earlier protest at Delhi’s Jantar Mantar.

The CJP also raised other demands related to the electoral process, including a halt to ongoing electoral exercises and the Special Intensive Revision of electoral rolls.

Why is CJP demanding Gyanesh Kumar’s resignation?

The demand comes amid a controversy over the Election Commission’s electoral-roll processes.

The demand came amid a controversy over the Election Commission’s handling of the Special Intensive Revision (SIR) of electoral rolls, following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised questions about the exercise. 

However, the Election Commission has rejected the suggestion that these differences represented a division within the three-member poll panel. The Commission said that differing views, written notes and internal checks are part of its deliberative process and maintained that decisions, including those concerning SIR, were taken unanimously.

What has Abhijeet Dipke alleged?

Dipke has alleged that more than 13 crore votes were deleted from electoral rolls and questioned the reasons behind the deletions.

He also alleged that voter deletions had affected Opposition leaders and referred to several political figures while making his claims.

These figures and allegations were presented by Dipke during the press conference. They should therefore be attributed to him rather than stated as independently verified facts.

Dipke also questioned whether the alleged deletions could affect the political balance in elections.

What happens if Gyanesh Kumar does not resign?

According to Dipke, the CJP will launch a nationwide agitation if the Chief Election Commissioner does not resign within 48 hours.

He said the organisation would continue its campaign until its demand for Kumar’s resignation was met.

The CJP has also announced a broader campaign against the Election Commission, while warning of further protests.

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Rahul Gandhi attacks CEC Gyanesh Kumar, says vote chori leads to kanoon chori

Rahul Gandhi accused the Election Commission of failing to protect voters and linked his “vote chori” allegation to what he called “kanoon chori”.

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Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi on Thursday launched a fresh attack on Chief Election Commissioner Gyanesh Kumar and the Narendra Modi government, alleging irregularities in India’s electoral process.

Addressing a press conference in Delhi, Mr Gandhi linked his earlier allegations of “vote chori” with what he described as “kanoon chori”, arguing that alleged manipulation of votes would have consequences for the country’s law-making and institutional systems.

“From vote chori comes kanoon chori,” Mr Gandhi said, arguing that if votes had been stolen, laws and institutional changes made by lawmakers elected through those votes would also be affected.

Rahul Gandhi attacks Gyanesh Kumar

Mr Gandhi specifically targeted Chief Election Commissioner Gyanesh Kumar and questioned the Election Commission’s handling of the electoral process.

His remarks came amid reports of differences within the poll body over the Special Intensive Revision (SIR) exercise. Mr Gandhi referred to reported concerns involving the Election Commission and alleged that questions raised about the functioning of the poll panel had not been adequately addressed.

He also alleged that the Election Commission had failed in its responsibility to protect the vote, which he described as the foundation of India’s democratic and constitutional system.

‘Vote chori’ claim

Mr Gandhi reiterated his allegations of irregularities in elections and said the issue went beyond individual voters.

He argued that the vote gives power to the Constitution, while the Constitution provides the basis for laws and institutions. On that basis, he said alleged destruction of the voting process would have wider consequences for the country’s constitutional system.

Mr Gandhi also questioned what he described as the disappearance of anti-incumbency in elections involving the BJP, comparing recent electoral outcomes with earlier political trends.

He alleged that the 2024 Lok Sabha and Assembly elections had been manipulated. These remain allegations made by Mr Gandhi and should not be presented as established facts.

Attack on Modi and Amit Shah

During the press conference, Mr Gandhi also targeted Prime Minister Narendra Modi and Union Home Minister Amit Shah while making his allegations about the electoral process.

He questioned the role of the Election Commission and its leadership, and called for accountability over what he described as irregularities affecting India’s voting system.

Mr Gandhi said he was presenting evidence for his allegations and maintained that the issue concerned not only elections but also the functioning of democratic institutions.

The Election Commission’s reported internal differences over the SIR exercise formed part of the backdrop to his remarks. The claims made by Mr Gandhi concern his interpretation of those developments and are distinct from established findings about election manipulation.

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Ram Temple donation theft case chargesheet filed, trustees not named

A chargesheet has been filed in the Ram Temple donation-theft case in Ayodhya. The temple trust’s trustees have not been named as accused.

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A chargesheet has been filed in the case involving alleged theft of donations at the Ram Temple in Ayodhya. The chargesheet, however, does not name the trustees of the temple trust as accused.

The development comes after an investigation into several instances of alleged theft of donations at the temple complex. The probe had examined CCTV footage and other evidence related to the incidents.

Chargesheet filed in donation theft case

The chargesheet has been submitted against those accused in connection with the alleged theft of donations at the Ram Temple.

Importantly, the trustees of the Shri Ram Janmabhoomi Teerth Kshetra Trust have not been named as accused in the chargesheet.

The investigation had focused on incidents in which donations were allegedly stolen from the temple premises. CCTV footage was examined as part of the probe into the reported thefts.

Investigation into 105 theft incidents

An earlier investigation had identified 105 instances of alleged donation theft through CCTV footage. The probe examined the incidents and the people allegedly involved in them.

The case had also led to arrests of accused persons named in the FIR. The investigation subsequently examined the role of individuals connected with the incidents.

The filing of the chargesheet marks a further step in the criminal proceedings related to the alleged theft of donations at the Ram Temple.

Trustees not named as accused

The chargesheet does not name the temple trust’s trustees as accused. This distinction is significant because the filing concerns the individuals against whom the investigating agency has proceeded in the case.

The chargesheet will now form part of the legal proceedings, while the matter will be dealt with through the appropriate judicial process.

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