[A neat summing up of a story that needs be told and retold. Again and
again, given the circumstances.

《With the Supreme Court holding regular hearings over the past four weeks,
the death of the judge, Brijgopal Harkishan Loya, is much in the news these
days. While the petitioners in the case are demanding an independent
investigation into what they insist is a mysterious death, the Maharashtra
government is strongly arguing that no such probe is necessary because Loya
died of a cardiac arrest.
It is not possible for anyone of us to know whether Loya's death on a
wintry night in Nagpur more than three years ago was natural or not. But
piecing together all that has appeared in the public domain so far, it is
equally impossible to see his death as an isolated incident. On the
contrary, the reason a miasma of menace swirls around the controversy is
because it has a blood-soaked backstory and a sinister aftermath that is
still unfolding.
...
Amit Shah and several police officers were eventually charged as accused in
the extra-judicial killings and sent to jail. The charge sheet noted inter
alia, "Investigation also revealed that when the investigation of the case
was transferred to CBI by the Hon'ble Supreme Court, there were concerted
efforts made to hamper investigation." Amit Shah, it added, directed his
close confidantes "to convince, coerce, threaten, influence the witnesses
on his behalf to conceal the truth from CBI about the fake encounter of
Sohrabuddin."
...
Soon after, Loya met his untimely death. Uke's words could be dismissed as
outlandish but for what transpired later. Khandalkar, Uke said, called him
in October 2015 to say that he too was getting death threats. Khandalkar's
body was found in the premises of the Nagpur district court on November 29
with no clarity on how he died.

A little over six months later, Prakash Thombre also met an 'accidental'
death. He apparently fell from the upper berth of a train and broke his
spine. Uke missed death by a whisker when an avalanche of iron rods smashed
his office shed minutes after he exited.

And in tandem with the mystery deaths, as many as 33 of the 49 witnesses in
the fake encounter case have turned 'hostile', the last three as late as
last week. And 15 of the key accused, starting with Amit Shah, have been
discharged, prompting the retired judge of the Bombay High Court, A.M.
Thipsay, to openly question the "absurd inconsistencies" in the trial
process.》]

https://www.telegraphindia.com/opinion/too-many-corpses-209559#.WouKFAQuSTN.facebook

Too many corpses
A miasma of menace swirls around the Loya controversy

Manini Chatterjee

Feb 19, 2018 00:00 IST

As any crime fiction aficionado knows, it never stops with one death. The
original crime is compounded by a cover-up, which leads to more crimes and
yet more cover-ups. Real life, it would seem, is no different.

With the Supreme Court holding regular hearings over the past four weeks,
the death of the judge, Brijgopal Harkishan Loya, is much in the news these
days. While the petitioners in the case are demanding an independent
investigation into what they insist is a mysterious death, the Maharashtra
government is strongly arguing that no such probe is necessary because Loya
died of a cardiac arrest.

It is not possible for anyone of us to know whether Loya's death on a
wintry night in Nagpur more than three years ago was natural or not. But
piecing together all that has appeared in the public domain so far, it is
equally impossible to see his death as an isolated incident. On the
contrary, the reason a miasma of menace swirls around the controversy is
because it has a blood-soaked backstory and a sinister aftermath that is
still unfolding.

The first death in this gory saga took place on November 26, 2005, when a
Gujarat police team shot dead Sohrabuddin Sheikh. The police initially
claimed that he was a terrorist who was cornered by a police party on a
highway near Ahmedabad. The alleged terrorist shot at the police who fired
back in self-defence and killed him on the spot.

Since many similar 'encounter' killings had taken place in Gujarat since
2002, the police were confident of getting away with their story. But it
didn't quite work out that way. Sohrabuddin Sheikh's brother, Rubabuddin,
wrote to the Chief Justice of India seeking an inquiry into the death and
also the disappearance of Sohrabuddin's wife, Kausar Bi, who had gone
missing. The Supreme Court ordered the Gujarat police to investigate the
matter.

Significantly, it was the Gujarat police's investigation which first
established that the police version was a fabrication and Sohrabuddin had
been killed in cold blood. Detailed investigations by the Gujarat police
and later by the Central Bureau of Investigation revealed the full extent
of the crime and the reasons behind it.

Sohrabuddin was no terrorist but part of a criminal gang who ran an
extortion racket in Rajasthan. He and his gang were patronized by certain
police officers and politicians in Gujarat. But fearing that he was getting
out of their control, a plot was hatched to eliminate him and paint it as
an encounter killing.

The CBI charge sheet and numerous newspaper articles have detailed the
modus operandi - how a team of the Gujarat police intercepted the bus in
which Sohrabuddin, his wife, Kausar Bi, and an associate, Tulsiram
Prajapati, were travelling from Hyderabad to Sangli, pulled them out, and
took them away. Prajapati was handed over to the Rajasthan police while the
Sheikh couple was kept in separate farmhouses in Gujarat. Sohrabuddin was
subsequently killed in a staged encounter four days later.

One murder leads to another and so it was that Death Number Two took place
soon after, possibly on November 29, 2005. To quote the CBI charge sheet,
"Smt. Kausarbi was an eyewitness to the abduction of Sohrabuddin. She was a
dangerous witness... She was, thereafter, eliminated by the accused persons
and her body was burnt in village Illol."

The other eyewitness, Tulsiram Prajapati, feared that it would be his turn
next. In a panic, he revealed his fears to fellow jail inmates and even
wrote to the chairman of the National Human Rights Commission, seeking
protection. But his fears proved right. He was brought from Udaipur to
Ahmedabad in late December 2006 and on December 28 was killed by the
Gujarat police at a highway near the Gujarat-Rajasthan border.

The first three deaths that form Loya's back story were gruesome murders
carried out by police teams. According to investigations carried out by
both the Gujarat police and the CBI, the teams were operating under the
instructions of very senior police officers of the state, who were in turn
in close and constant touch with the then Gujarat home minister, Amit Shah.

Amit Shah and several police officers were eventually charged as accused in
the extra-judicial killings and sent to jail. The charge sheet noted inter
alia, "Investigation also revealed that when the investigation of the case
was transferred to CBI by the Hon'ble Supreme Court, there were concerted
efforts made to hamper investigation." Amit Shah, it added, directed his
close confidantes "to convince, coerce, threaten, influence the witnesses
on his behalf to conceal the truth from CBI about the fake encounter of
Sohrabuddin."

 Image

It is in this backdrop that many citizens - activists, journalists, lawyers
- have viewed the death of B.H. Loya with concern and sought an independent
probe by petitioning the Supreme Court.

Unlike Sohrabuddin and Prajapati, Loya was no criminal. He had no links
with Gujarat or Rajasthan, and only came into the picture when he was
appointed the judge in the special CBI court in Mumbai hearing the fake
encounter case.

As many have noted, the trial took a new turn after the Bharatiya Janata
Party swept to power in May 2014 and Amit Shah was appointed party chief
two months later. The first trial judge of the special court, J.T. Utpat,
had the gumption to pull up Amit Shah on June 6, 2014, for failing to show
up in court and asked him to be present at the next hearing on June 26. But
on June 25, Utpat was transferred to another court, even though the Supreme
Court had said the same judge should hear the case from beginning to end.

Loya was then appointed the judge. During a hearing on October 31, 2014,
Loya, too, asked Shah's counsel to ensure his appearance at the next
hearing set for December 15.

On the night of November 30-December 1, Loya, who had gone to Nagpur to
attend a wedding, passed away. On December 30, the third judge hearing the
case, M.B. Gosavi, discharged Amit Shah from the fake encounter case.

Loya's death went largely unnoticed till the journalist, Niranjan Takle,
wrote his article in Caravan magazine in late November 2017 in which he
quoted Loya's father and sisters who expressed grave doubts about the
'cardiac arrest' theory, and gave disturbing details of the circumstances
of the death. That article and its follow-ups triggered an outcry that has
led to the petitions currently being heard in the Supreme Court.

More murky details are now emerging. On January 31 this year, the Congress
held a press conference where a Nagpur-based lawyer and activist, Satish
Uke, made startling allegations. He said two friends of Loya - the lawyer,
Shrikant Khandalkar, and the retired district judge, Prakash Thombre - had
approached him on the judge's behalf in 2014. They told him Loya was facing
tremendous pressure in the fake encounter case.

According to Uke, the three of them held a video conference with Loya where
he said he had been sent a draft order and asked to sign it. He was
disinclined to do so, but also afraid of the consequences of being upright.

Soon after, Loya met his untimely death. Uke's words could be dismissed as
outlandish but for what transpired later. Khandalkar, Uke said, called him
in October 2015 to say that he too was getting death threats. Khandalkar's
body was found in the premises of the Nagpur district court on November 29
with no clarity on how he died.

A little over six months later, Prakash Thombre also met an 'accidental'
death. He apparently fell from the upper berth of a train and broke his
spine. Uke missed death by a whisker when an avalanche of iron rods smashed
his office shed minutes after he exited.

And in tandem with the mystery deaths, as many as 33 of the 49 witnesses in
the fake encounter case have turned 'hostile', the last three as late as
last week. And 15 of the key accused, starting with Amit Shah, have been
discharged, prompting the retired judge of the Bombay High Court, A.M.
Thipsay, to openly question the "absurd inconsistencies" in the trial
process.

In the hands of a master story-teller, the fictional detective always
succeeds in bringing together disparate strands of an intricate plot to
offer the reader a satisfying resolution in the end. That might be too much
to hope for in this real-life mystery involving people in the highest
places...

manini.chatter...@abp.in
-- 
Peace Is Doable

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