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Five bullets, seven injuries!

Ex-Information Advisor to Prime Minister V. P. Singh & ex-editor, Hindustan
Times, Financial Express & The Times of India, Prem Shankar Jha writes
about a prominent verdict of a retiring judge.

The Shadow of Haren Pandya’s Case Lies Long Over Justice Arun Mishra
https://thewire.in/law/haren-pandya-case-justice-arun-mishra

1. Justice Arun Mishra is retiring on 2nd September, 2020. His prominent
verdict is not his verdict on Prashant Bhushan's contempt but the verdict
in the 2003 case of murder of Gujarat Home Minister Haren Pandya. Gujarat
High Court acquitted all 12 convicts, CBI appealed in the Supreme Court in
2011. It remained pending there for 7 years and then the matter came to
Justice Mishra bench in October 2018.

2. CBI case was constructed around eyewitness Yaadram. The eyewitness
claimed to have seen the killer fire 5 shots at Pandya who was sitting in
the driver's seat of his Maruti 800. One shot entered his scrotum (the bag
of skin that contains the two roundish male sex organs) and traveled up his
body.

Find attached the official police photo of the Maruti. Examine the driver's
side window.

3. In trashing the CBI case, High Court ruled this such construction of the
act of murder was impossible because police and eyewitness Yaadram had
submitted that  door glass of car was rolled up. It only had a three inch
opening. No shooter could get 5 bullets into different parts of Pandya's
body, including his scrotum from below, from that angle.

4. Justice Arun Mishra inferred that Yaadraam must have been mistaken.

5. Justice Mishra completely ignored the official police photos of the
crime scene, submitted in court, which shows the window opening as less
than 3 inches or 3 inches.

6. Justice Mishra ignored the evidence otherwise he would have faced the
logical compulsion to contend that a bullet fired through the opening of
car window can travel down, hit Pandya's testicles, and move up his body
internally on its own. It seems Justice Mishra was misled.

7. Believe it or not, Gujarat Home Minister was supposedly shot inside his
own car in a part of the body which is full of veins but there was no blood
found!

8. The case will surely be examined rigorously by law students, scholars &
legislators.

One is reminded of a book titled "Courts on Trial" authored by Judge &
Jurist, Jerome Frank published in 1949.

__________

Peoples Media Advocacy & Resource Centre- PMARC has been initiated with the 
support from group of senior journalists, social activists, academics and 
intellectuals from Dalit and civil society to advocate and facilitate Dalits 
issues in the mainstream media. To create proper & adequate space with the 
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