Reasonable apprehensions seem to be materialising
The judicial records, police diaries, the statements made before the TV-Channels and the News-prints taken from the official website of Doordarshan will support my analysis. A copy of the same is with Shri Atal Behari Vajpayee's Office, too.
The police worked overtime—has even filed an Application on a Sunday.
As apprehended, one of those 9 persons--who were allegedly detained illegally, is now being made to make a statement upon oath before a Magistrate, WHEREAS the normal practice is that at the investigation-stage the statements of the prosecution-witnesses are recorded by the police itself u/s 161 of the Cr.P.C. Moreover, u/s 162 the said statements are not even required to be signed by the said witnesses.
And why is the said statement u/s 164 not being recorded by the Special Judge herself?
What is the justification for recording the statement of Karan Ahuja (one of those 9 persons) upon oath now itself—that, too, without making him available for cross-examination immediately after his statement is recorded u/s 164?
In any case, why does the police feel that he would change his statement if the same not recorded forthwith?
Over the past two years, in three different cases I was instrumental (because the decision always rests with God) in getting three life-convicts acquitted/released by the High Court & Supreme Court—that, too, within 3-6 months of filing the Appeals on their behalf. And in one of these cases, I didn’t have to address oral arguments—Written Submissions were found sufficient to obtain a lifer’s acquittal. On several occasions our clients’ cases were admitted even when we were not physically present to argue the matter. And Military Doctors’ Promotion Policies were suo motu revised twice and our clients promoted to the next higher rank, even before the Hon’ble Court pronounced its judgment.
In that background, it is my considered yet humble legal opinion that the manner of police-investigations in Rahul Mahajan’s case cannot stand judicial scrutiny—as & when conducted, by the higher courts. Then why not do so now?
Prof. Gulshan Bajwa (Advocate-on-Record)
e-mail: themissociijuris@yahoo.com