Who Got Shivani Killed? May be A Ghost -State of Emergency/Dictatorship-For Speaking Truth Face Police Action

Mr Ashok Arora a well-known lawyer and former secretary Supreme Court Bar Association renounced lucrative law practice at the peak of his career to dedicate his life for serving the cause of humanity. Feeling concerned about the miseries of crores of fellow human beings going to bed empty stomach, he entrusted his hard earned properties, body, mind and soul to fight for justice. He always took bold stand on many issues including injustice done in Jessica Murder Case. Recently he again took a bold stand and spoke against grave injustice done in Shivani Bhatnagar case. He has been issued contempt notice by the High Court and the system is so vindictive that he is being threatened with police action. Imagine if millions using emails are booked for criminal offence just because the contents are not to the liking of rich and powerful. The democracy is surely in danger.

We should all stand united to protect democracy and right of freedom of speech. Truth should not be made to suffer under any circumstances. We should appeal to The Chief Justice of Delhi High Court to withdraw judicial work form Justice Badar Ahmed for writing a shocking judgment and adjourn the contempt proceeding till the Supreme Court gives it final verdict in Shivani murder case. The Police should be directed not to threaten citizens for writing truth. Abuse of Information Technology Act should immediately be stopped.

Last week High Court of Delhi reversed the well written judgment delivered by session judge vide which he had convicted IPS Ravi Kant Sharma and others for conspiracy to kill Shivani Bhatnagar, a famous journalist in the year 1999. In such an open and shut case where the learned session judge found overwhelming circumstances to convict the accused for a cold-blooded murder Justice Ahmed wrote just two cryptic paragraphs to reverse the reasoned finding written in 164 pages. Martin Luther King said it so profoundly that injustice anywhere is threat to justice everywhere. If courts acquit high profile criminals the democracy is surely in danger. Unscrupulous people will be encouraged to commit crimes if they are sure of acquittal.

In this judgment Justice Badar Ahmed took ten and half months to write just two paragraphs to reverse a well-written judgment by the trial judge who discussed all the facts and the law settled by Supreme Court with regard to motive, conspiracy and circumstantial evidence. Three retired judges of Delhi High Court Justice JD Kapoor, Justice Sodhi & Justice Dhingra confirm how badly the judgment has been written. They all are known for their profound knowledge of criminal law and are known for making bold statements in public interest.

Prosecution gave a list of twenty odd circumstances, which were clear proof of motive, conspiracy and guilt of Ravi Kant and others. Intimacy of accused Ravi kant with the deceased, 73 calls by Ravi Kant to the deceased and 58 calls by the deceased to Ravi Kant in a short span, his subsequent withdrawal, false defence that she was a family friend, evidence of Shivanis friend Sejal Shah and his sister Sevanti about her feeling dejected and her threatening to expose Ravi Kant according to Learned trial judge provided sufficient motive, which was ignored by Justice Ahmed. Ravi Kant staying in Hotel Ashoka and his meeting before the incident with other accused where he called Shivani also, his making phone calls to his daughter and Dr form the phone of one of the accused at the same time, his going to Pune and using his friends SIM and phone to make calls to other accused, the same friend making statement under section 164 Cr. PC to this effect, his proved relationship with other accused, after the incident accused talking to each other and informing Ravi Kant, many of them identifying the places form where the calls were made, the very next day of murder other accused going to Mumbai to meet Ravi Kant and take the ransom money, staying in hotel there, making calls to Ravi Kant from the hotel, Ravi Kants guard identifying the accused having visited him after the murder, an IPS officer absconding for more than two months, abusing his influence and power to obstruct the investigation for three years, his repeated avoidance before investigation and competent authority for conduct of polygraph test, his self destructive defence and the accused Pradeep Sharma being a hired assailant were the circumstances amongst others, which gave sufficient reason to a wise and honest judge to observe, The circumstances established on the record are intertwined intrinsically. Same if concatenated, form a chain which give only inference that said accused were conspiring each other.

The learned session judge ably assisted by prosecution lawyers SK Saxena & Manisha relied upon a whole list of circumstances and settled law by the Supreme Court with regard to motive, conspiracy, section 8(regarding conduct of accused), 10(act of any accused to be relevant against all) and section 27(disclosure leading to recovery of fact) of the Evidence Act, which were totally ignored by the High Court. There is not even a word about a whole list of circumstances and the law of the land regarding motive, conspiracy and circumstantial evidence in this judgment. High Court didnt even bother to discuss the Supreme Court judgments cited by the learned standing counsel and the trial court. Taking ten and half months to write just two cryptic paragraphs is a good reason for prudence to raise eyebrows. One shivers to think that it all happened, despite, knowing that Supreme Court will surely look into it. Administration of justice will continue to suffer unless we impart spiritual training to judges, lawyers and others involved in justice delivery system but unfortunately till date no one has taken this most important issue seriously. Pure justice can be done only by a pure soul. The knowledge of law only cannot help a soul to reach a just decision. The capacity to see through and the strength to withstand unscrupulous pressures can never be developed just by studying laws in India and Oxford.