http://www.truthofgujarat.com/mr-jaitley-misrepresenting-facts-pm-save-modi/

Mr Jaitley, Misrepresenting the Facts Before PM Cannot Save
Modi<http://www.truthofgujarat.com/mr-jaitley-misrepresenting-facts-pm-save-modi/>
Mukul Sinha <http://www.truthofgujarat.com/author/mukul-sinha/> October 2,
2013

Arun Jaitley, on 1st October, 2013, shot a nine page letter to Prime
Minister making the following complaint against CBI in respect of their
investigation in fake encounters cases:

By misuse of investigative agencies they have so far tried various methods
of* falsely implicating Narendra Modi*, the Chief Minister of Gujarat, Shri
Amit Shah, the then Home Minister and also the Minister of Law, Transport &
Parliamentary Affairs of the State of Gujarat and General Secretary of
Bharatiya Janata Party and other important BJP leaders

*Firstly, it would be interesting to note that Jaitley himself has dragged
in the name of Modi within the array of accused in the fake encounters
though CBI has not named Modi at all.* Perhaps Jaitley as a lawyer has
correctly interpreted the evidence to apprehend the trajectory of the
investigation.

Further, while admitting that the Gujarat State police arrested several
police officers of Gujarat including three IPS officers, Jaitley went on to
say that the Supreme Court transferred the Sohrabuddin case to the CBI as “*the
investigation involved inter-state ramifications and the Andhra Pradesh
angle of the matter had not been probed*“.

The Sohrabuddin case was handed over to CBI by the Supreme Court* not
because of the reasons mentioned by Jaitley*but in Supreme Court’s own
words for the following reasons:

This extract is taken from Judgment of the Supreme Court in the case of
Rubabuddin Sheikh v. State of Gujarat reported in (2010) 2 SCC 200, at page
217:

69. *We have observed that from the record, it was found that Mr V.L.
Solanki, an investigating officer, was proceeding in the right direction,
but Ms Johri had not been carrying out the investigation in the right manner
*, in view of our discussions made here in above. It appears that Ms Johri
had not made any reference to the second report of Solanki, and that though
his first report was attached with one of her reports, the same was not
forwarded to this Court.

81. In the present circumstances and in view of the involvement of the
police officials the State in this crime, we cannot shut our eyes and
direct the State police authorities to continue with the investigation and
the charge-sheet and for a proper and fair investigation, we also feel that
CBI should be requested to take up the investigation and submit a report in
this Court within six months from the date of handing over a copy of this
judgment and the records relating to this crime to them.

The Supreme Court therefore specifically noticed the *mischief played by
Geeta Johri IPS, to derail the further investigation* carried out by V L
Solanki, the I.O. appointed by D.G.P. Gujarat and hence handed over the
case to CBI. Solanki gave his statement before the CBI pointing out that *Amit
Shah also directed Geeta Johri to destroy the enquiry papers submitted by
him which he refused to do*.

Regarding the Ishrat-Javed matter, Jaitley rehashed the allegations that
FBI had allegedly made to the effect that Ishrat was a suicide bomber etc.
We need not quote any more of the ridiculous allegations leveled against
CBI except to note that Jaitley has gone to extent of indirectly charging
the Gujarat High Court to be a party to an oblique political purpose. This
is what Jaitley said:

*In a surprise move the Gujarat High Court appointed a 3-member SIT* which
included a nominee of the Central Government, a nominee of the State
Government and a nominee of the writ petitioners. *The writ petitioner’s
nominee was one Shri Satish Verma, IPS*… The police officers of the Central
Government were reluctant to be a* part of this inquiry since the same was
intended to be used for an extraneous political purpose*.

In the Javed-Ishrat case, High Court had appointed a three member SIT which
gave the report that encounter was fake. The report was signed by R K Verma
IPS on behalf of Central Government, Mohan Jha IPS on behalf of State
Government and Satish Verma, IPS of Gujarat Poice appointed by Gujarat High
Court on behalf of the Petitioner. *Jaitley conveniently forgets to mention
Mohan Jha who was the Police officer appointed by Gujarat Government* and
tries to slander Satish Verma as he was appointed by High Court on being
named by the petitioner’s advocate (Mukul Sinha). *By innuendo, Jaitley has
cast aspersions against the Gujarat High Court by describing the
appointment of the SIT by the High Court as “surprising” … intended to be
used for extraneous political purpose.*

The most shocking and false allegation made by Jaitely in his letter to the
Prime Minister is that “the CBI filed a supplementary charge sheet against
Gulab Chand Kataria*wherein it was alleged that the motive of
elimination ofTulsi
Prajapati by Gulab Chand Kataria* was extorting money from marble dealers
of Rajasthan namely RK Marbles”.

Being an eminent lawyer, it’s surprising how poor Mr Jaitley is at
presenting facts and that too when he’s addressing a letter to the Prime
Minister of the country. The CBI has *never* filed any supplementary
charge-sheet against Kataria in the case of Tulsi Prajapati but had filed
the same in the case of Sohrabuddin charging him and Vimal Patni, owner of
R K Marbles, of eliminating Sohrabuddin* and not Tulsi*!

There are several allegations made by Jaitley questioning the authenticity
of the statements made by many witness against Amit Shah and others.
Jaitley as a lawyer(?) ought to know that no criminal procedure permits
anybody to question the authenticity of the evidence given by witnesses
except before the competent trial court. Sending a complaint to the Prime
Minister is not only wholly alien to all known procedures of law but sounds
ludicrous coming from an established lawyer. In fact apart from attacking
the CBI investigation politically, there cannot be any other purpose for
writing this letter.

DG Vanzara, the main accused has spilled the beans by declaring that all
the killings were done under the close monitoring of the CM and the Home
Minister. To pre-empt the arrest of the Prime Ministerial candidate,
Jaitley is now seeking the intervention of the current Prime Minister. Mr
Jaitley, people shall remember your diabolical role. You are trying to
subvert CBI’s investigation. It is nothing short of abetment!

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