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June 24, 2013

No One Is Above Law

“No one is above law”

        No one is above law. Constitution of India clearly states that all are equal before law.  The principle of Criminal Jurisprudence has clearly established it. It is not the person or his position, but his offence that matters and he is seen as an offender or accused only. Despite this there are so called intellectuals and legal experts who say that Rajendra Kumar who had a controversial role in Ishrat Jahan encounter case should not be questioned or arrested as he is an officer of the IB.

        Maharashtra police must be congratulated. It was confirmed that Kasab was a terrorist. Police could have easily eliminated him. But, taking all risk to their lives, they arrested Kasab alive. There was Narco analysis test of Kasab and Pakistan was exposed. In the interrogation of Kasab, we could gather a lot of vital information about the terrorist network and its activities. Ultimately Kasab was hanged by an order of the court. But what happened in Gujarat?

        It reminds me a recent observation of Gujarat High Court that no government has a right to kill someone in fake encounter even if a person is a terrorist. Magistrate Tamang who made the first inquiry report conclusively established that it was a cold blooded fake encounter. This followed a Gujarat High Court order of a thorough probe by a team of three senior police officers. The team had two officers of Gujarat cadre. Even this probe unanimously held that Tamang report was right and it was a clear case of cold blooded fake encounter. On the basis of these two reports, Gujarat High Court decided for investigations by the CBI and the court periodically reviews the investigation progress. One of the investigators is an officer of Gujarat cadre who is upright and known for his integrity. Despite this, why is BJP making hue and cry against CBI probe?

        BJP indulges in vote bank politics in the name of internal security, but here it finds questioning of an IB officer in a criminal case as a threat to security. Is it not a contempt of court to hinder investigations which are being carried out under the supervision of the High Court?

        If one takes into account the information that has come out, there is adequate evidence against Rajendra Kumar. Why CBI does not arrest him I wonder? Is IB officer above law and Courts?

        As per reports, an officer of IB based in Mumbai, Gopinath had told CBI that the persons killed in Gujarat had no terrorist connection. Even this statement has been ignored. Why?

        If Rajendra Kumar is such an efficient and reliable officer why he could not give any useful lead or input in serious cases like Akshardham attack, Ahmedabad bomb blasts, Haren Pandya murder and visit of David Hedley in Ahmedabad in 2002. He had right information only in the case which has now proved a fake encounter.

        I am surprised at new found love of Gujarat Chief Minister Narendra Modi for the central IB. People still remember his remark that IB inputs are unreliable like weather reports.

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