Monday, February 27, 2006

Could there still be hope for Jessica?

After the Jessica Lall verdict was out last week, I for one, was outraged, and fortunately, so was the rest of the nation. I think the media took this incident up in a big way. I think we are used to hearing of the big and powerful getting justice on their side, but more often than not, these stories come from far and wide, maybe mainly from the hinterlands.

Jessica Lall case was different. It involved the rich socialites of New Delhi, the sons and newphews of the rich and powerful, stuff that media coverages are made of. I too had been reading about the stink the verdict raised in all media sections; I think NDTV started an online petition campaign against the verdict, and they say they have over a lakh signatures already. Every paper was full of opinion pieces on the sad state of judicial reforms, or the society in general.

I was planning to keep writing follow-ups to the verdict, maybe news opinions mostly, but as I checked the morning news, the first thing I do every morning, the headline read that the centre hints at reopening the case! This is big news, because when the centre is planning to get involved, there is usually a hope that it is for the better. Also, the Delhi High Court had asked for details of the investigation from the Delhi Police chief already. His force has begun damage control already by the way.

When they will talk about bad timings, I think this case should be right up there. Soon after the verdict, the judge who was presiding over the case was elevated to the Delhi High Court from the Additional Sessions Court. Now activists and bar associations of all kinds are up against Judge KL Bhayana for shaking their faith in the system. To be fair, when a judge is presented with a very poor and half-hearted investigation, an even weaker prosecution, what is one supposed to do? But then he also knew that this was the classic case of the guilty being rich and powerful. He did say the prosecution presented a very weak case, but maybe he could have referred to some higher courts.

Last week, Manu Sharma and his family make a pilgrimage to Mata Vaishno Devi in J&K to be obeisance to the Goddess, and good for him, for to be fair, I think the Gods usually do not differ between sinner and sinned till their day of judgement. Lets hope that day comes soon for this spoilt asshole and his posse.

Coming to the government, I am no fan of part of the cabinet of MMS, and the home minister is one of them. He said on the floor that the says one can't be tried again in "any case". Hmm, perhaps I am missing a point, but what was the Best Bakery retrial about? Werent the same acquitted men ordered by the Supreme Court of India to be retried? I know the GoI usually lacks what we call balls, and I think they are only doing this because of the public outrage. And as you know, where there's trouble, there'll be a politician to exploit it.

This is from the The Tabloid:

Centre hints at reopening the Jessica Lal murder case


The government has indicated there could be a reinvestigation into the controversial case relating to the murder of Delhi model Jessica Lal but ruled out a retrial.

"As the law exists today, no person should be tried twice in any case," Home Minister Shivraj Patil said in a statement in the Rajya Sabha after MPs cutting across party lines demanded in both houses of Parliament that the controversial case be reopened.

"The Supreme Court has ordered reinvestigation in some cases and it has become a kind of law also for us. It can be followed," Patil said. He assured the members that "whatever is possible as per law to see that justice should be done will be done. Let there be no doubt."

The home minister said the government was keen to incorporate provisions to protect witnesses in such cases to prevent them from turning hostile under pressure.

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Investigator in Jessica case transferred

Surendra Sharma, the investigating officer in the controversial Jessica Lall murder case, has been transferred from the post of Station House Officer of Hauz Khas police station to security wing of Delhi Police which doesnot involve any probe assignment.

Paul, who was the Joint Commissioner (Crime) when the murder case was being investigated in a report to the then Commissioner Ajai Raj Sharma, had questioned the intention behind sending empty rounds of bullets fired at the Tamarind Court party for forensic examination to the CFSL when the weapon of offence had not been recovered.

He had also suggested an internal probe against officials investigating the case.


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Police asked to explain shoddy probe into Jessica's murder

Delhi High Court on Friday sought an explanation from Delhi Police on the shoddy manner in which it had investigated the 1999 murder of model Jessica Lal, leading to all nine accused in the case being acquitted.

Judges Vijender Jain and Rekha Sharma asked the police to respond by April 19.

According to the prosecution, Manu Sharma shot dead Lal on April 29, 1999 after she refused to serve him a drink in a bar functioning without a licence. Lal was filling in as a bartender at the Tamarind Court bar, near the Qutb Minar, run by socialite Bina Ramani. It was later shut down.

Of the 12 accused in the case, one was discharged and two are absconding.

The nine accused who were acquitted are Manu Sharma, his uncle Shyam Sunder Sharma, Amardeep Singh Gill, Yograj Singh, Harvinder Chopra, Vikas Gill, Raja Chopra, Alok Khanna and Vikas Yadav, the son of former Uttar Pradesh MP DP Yadav.

Vikas Yadav is also accused of murdering a business executive, Nitish Katara, because he objected to his involvement with his sister Bharati.

Vikas Yadav, Alok Khanna and Amardeep Singh Gill were charged with destroying evidence and conspiracy.

Shyam Sunder Sharma was charged with harbouring an offender and destroying evidence, and Yograj Singh, Amardeep Singh Gill, Harvinder Chopra and Raja Chopra were also charged with harbouring an offender.

The accused were acquitted on four grounds. First, the prosecution failed to recover the weapon that was used to kill Lal.

The court said the prosecution also failed to prove that the two cartridges recovered from the spot were fired from one weapon. A forensic report had said the two cartridges were fired from two different weapons.

Third, the three eyewitnesses in the case, including model Shayan Munshi, refused to support the prosecution's line and turned hostile.

Fourth, the prosecution failed to present a complete chain of circumstances of the case, the court said.

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