Tuesday, 19 November 2013

2013-11-19 Complaint filed by Mr. R.B.Sreekumar

IN THE COURT OF MM, PATALIA HOUSE COURTS,
NEW DELHI
COMPLAINT CASE NO. ______ OF 2013

POLICE STATION__________
IN THE MATTER OF:

R.B Sreekumar
Ret. DGP Gujarat,
House Name – “Sreelekshmideepam”
Plot No. 193, Sector 8,
Gandhi Nagar- 382007.
Gujarat.                                                                …… Complainant

1.       Narendra Modi
          Chief Minister Gujarat,
          Sachivalaya, Gandhi Nagar,
Gujarat.       
2.       Rajnath Singh,
          President BJP
          11, Ashoka Road,
          New Delhi
3.       Meenakshi Lekhi,
          Spokes Person (BJP),
          11, Ashoka Road,
          New Delhi  
4.       Nambi Narayanan,
          S/o Late Sankaralingam,
          House- Sangeeta, 
T.C 36/978, NSS Lane,
Perunthanni,
Thiruvinanthapuram- 695008.                   ……(Accused Persons)
COMPLAINT UNDER SECTION 190 OF Cr.P.C FOR AN OFFENCE UNDER SECTION 500 (PART II), 501 (Part II) AND SECTION 120-B OF INDIAN PENAL

MOST RESPECTFULLY SHOWETH:

1.  The aforesaid Complainant is the resident of House Name – “Sreelekshmideepam” Plot No. 193, Sector 8, Gandhi Nagar - 382007 Gujarat. The Complainant is retired DGP of Police of Gujarat State (2007). It is submitted that in 2002 at the time of Gujarat Riots the complainant was posted in Gujarat as Add. DGP State Intelligence. The complainant has the knowledge that the accused no. 1 is the man behind (planning and execution) of the massacre of 2002 Gujarat Riots and subversion of the Criminal Justice System. To that effect the complainant has filed several affidavits before the competent probing authorities including the Justice Nanavati Commission of Inquiry and the matters are sub-judice till today.
2.  That the Accused No. 1 is the Chief Minister of Gujarat State, Accused No.2 is President of BJP, Accuse No. 3 is national spokes person BJP and accused no. 4 is a retired Scientist of Vikram Sarabhai Space Centre (VSSC).
3.  That on 25.09.2013 accused no. 1 met accused no. 4 in Kerala and hatched a conspiracy to harm the reputation of the complainant and to tarnish the Complainant’s image in public. The fact about the meeting has been published by several news papers such as Indian Express etc. The detail of conspiracy was to harm the reputation of the complainant by digging out an old closed case of 1994 related to espionage affecting the national interests of country. The details of the said 1994 case are given in the succeeding paragraphs.
4.  That thereafter in the said conspiracy the accused no. 2 and 3 was also involved and finally a plan was prepared to harm the reputation of the complainant by organizing a press and media conference (DOCUMENTS ANNEXED). In pursuance of the same the accused no 3 on 7-11-2013, aired a press meet program in Times Now channel and made several statements harming the reputation of the complainant and falsely alleging the complainant. The false allegation towards the complainant was that while the complainant was serving in Central Intelligence Bureau as Dy. Director (DD) in Trivandrum (1992 – 1995), Nambi Narayanan, the accused no. 4, a scientist in Vikram Sarabhai Space Centre (VSSC) was falsely implicated in an espionage case and later CBI investigators had found the accused No. 4 along with others to be innocent. The Court had ordered Kerala Govt. to pay compensation to accused No. 4. The details of the statements are being annexed and the same may also be produced in form of C.D as and when required by this Hon’ble Court.
5.  According to accused No. 3 and 4, Complainant had played into the hands of Central Intelligence Agency (CIA) and had also called the complainant as ‘Anti-national’ and ‘Traitor’ and thereby harmed the reputation of the complainant irreparably.
6.  Further the accused No. 3 made a statement that though CBI had recommended action against the complainant and other IB officials and Kerala police officers, UPA Government (2004-09) favored them and without conducting a proper enquiry, exonerated them of all charges on professional lapses. The accused No. 3 further charged that as a quid-pro-quo of this favor from UPA Govt, the complainant had fabricated evidence against Narendra Modi about his alleged anti-minority atrocities since 2002 riots.
7.  These words/statements/version of the accused No. 3 and 4 are direct imputation intending to harm the reputation of the complainant. That the statement of the accused no. 3 and 4 are wrong and based on blatant lies.
THE BRIEF FACTS ARE AS FOLLOWS:
A. That in 1994, Kerala Police had registered 2 different cases bearing FIR No. 225/1994 (dated 20.10.1994) and FIR No. 246/1994 (dated 14.11.1994) P.S-Vanchiyoor Trivandrum dated   under section 14 and of  Foreigners Act 1946 and section 3 and 4 of Official Secret Act 1923 read with section 34 of Indian Penal Code. The accused in the said cases were two Maldivian women namely Mariam Rashida  and Fausia Hassan and two scientists of Vikram Sarabhai Space Centre VSSC, namely D. Sashikumaran and Nambi Narayanan for their alleged involvement in the above espionage cases.
B. That on the official request of DGP Kerala, Director – Intelligence Bureau deputed IB officials under the supervision of Joint Director (JD) Subsidiary Intelligence Bureau (SIB) Trivandrum, Mathew John, to assist Kerala Police in the above mentioned cases. This is how a team was formed by Joint Director (JD) Subsidiary Intelligence Bureau (SIB) Trivandrum, Mathew John, to assist Kerala Police, in which the complainant along others was involved in the case as assisting team to Kerala Police.
C. That at the relevant point of time the complainant herein was posted as Deputy Director, Subsidiary Intelligence Bureau, Trivandrum. That thereafter only the complainant, along with Mr. CM Ravindran, who was Deputy Director, Subsidiary Intelligence Bureau Mumbai and six other IB officers were engaged for assisting the Special Investigation Team (SIT) of Kerala Police under DIG Sibi Mathew. From IB Head Quarters Delhi, Mr. M.K. Dhar, Joint Director, was monitoring IB officials assistance being provided to Kerala Police on behalf of Director-IB.
D. That the complainant interrogated D. Sasikumaran, Scientist, Vikram Sarabhai Space Centre (VSSC) and Mariam Rashida, a female officer in Maldivian Secret Service. It is respectfully submitted that both the above mentioned persons were arrested by Kerala Police in the espionage case. That the complainant submitted interrogation reports to his seniors and Kerala Police. At this stage it is respectfully brought to the notice of this Hon’ble Court that the complainant did not ever interrogate accused No. 4. The said fact about the complainant not interrogating accused no 4 has been accepted by accused no. 4 in his channel T.V interviews dated 08.11.2013 and in its earlier affidavit to the Court of  Ist Additional Sub-Court Trivandrum in O.S No. 370/2003 titled S. Nambi Narayanan vs. State of Kerala and others.
E. However in the meantime the above cases were transferred to CBI for further investigation. That thereafter the CBI delinked IB from the process of investigation.  Thereafter the CBI reported to the Ministry of Home Affairs and the Government of Kerala against the approach of Kerala police and IB officials in investigation of the espionage case.
F.  That thereafter the CBI also proposed departmental action against the ‘delinquent nine IB officials’ including, three IPS officers namely Mathew John, C. M. Ravindran and the complainant. That the Kerala Government rejected the proposal of CBI for taking departmental action against Kerala Police. However in November 1999, the Union Government, issued charge sheets dated 17.11.1999 for departmental action against the above nine IB officials including the complainant herein. That after receiving the charge-sheet the Petitioner and other gave reply dated 28.08.2000.
G. Thereafter the Government accepted the explanation of IB officials including the complainant and took no action upon the charge sheet meaning thereby closing the file. That no action was taken on the proposal of CBI and consequently all charge sheeted IPS and IB officials including the complainant were promoted to higher ranks. It is also submitted that the Central Government also did not report about the pendency of departmental enquiry to respective State Governments at the time of their promotions. However no formal order as to dropping of the charges was issued. It is also submitted that few officers were awarded medals during the pendency of departmental proceedings.
H  It is further brought to the notice of this Hon’ble Court that with the inception of UPA Government in 2004, the explanations of the complainant dated 28.08.2000 were partially accepted and departmental enquiry against the nine officials, including complainant on two charges was restored. Thereafter a regular Enquiry Officer by the name of K. M. Singh was appointed. That after scrupulously following procedure in the Manual of Departmental Proceedings,  i.e. issuance of charge-sheet, examination of witnesses from both sides, appreciation of evidence,  the Enquiry Officer, K. M. Singh  reported that the charges again all nine officers including the complainant was not proved. Thereupon accepting the report of the Enquiry Officer the Ministry of Home Affairs dropped all the charges by its order dated 24-01-2005. It is submitted before this Hon’ble Court that the Departmental Enquiry conducted by the Enquiry Officer was done by following the due process of law without any lapses and favours. Also the order dated 24.01.2005 became final as it remained unchallenged and the same was within the full knowledge of the all the accused and all the concerned State Governments.
8.  That now the allegations of  the accused persons that UPA Government had given a clean chit to delinquent officers including the complainant without following due process of law is a total false and ill-motivated mischievous propaganda to harm the reputation of the complainant. Further addressing the complainant as ‘Anti-national and Traitor’ had harmed the reputation of the complainant and is a defamatory statement and has also lowered the image of the complainant.
9.  It is respectfully submitted before this Hon’ble Court that the accused persons have committed an offence under under section 500 Part II, 501 Part II and section 120-B of Indian Penal Code by making a false statement to harm the reputation of the complainant and to tarnish complainant’s image in public within the jurisdiction of this Hon’ble Court as the press statement/note and T.V interviews was made from 11, Ashoka Road, New Delhi. The said place falls within the jurisdiction of this Hon’ble Court.
PRAYER
It is therefore most humbly prayed to this Hon’ble Court:

i.        That the complaint under section 190 of Code of Criminal Procedures for an offence under section 500 Part II and 501 Part II and Section 120B of Indian Penal Code be entertained and the Accused be, tried and punished in accordance with law;
ii.       That any other or further relief/s as this Hon’ble Court may deem fit be awarded in favour of the Complainant.

FOR THE SAID ACT OF KINDNESS THE COMPLAINANT SHALL BE       DUTY BOUND AND PRAY FOR EVER.
                                                                  
COMPLAINANT
                                                                        THROUGH
                                     
                                                   Brijesh Kalappa (Advocate)
& Gopal Singh
                                           D-11,Lajpatnagar-III,
New Delhi-110024                 
New Delhi
Date: 19.11.2013                                         

IN THE COURT OF MM, PATALIA HOUSE COURTS,
NEW DELHI
COMPLAINT CASE NO. ______ OF 2013

IN THE MATTER OF:

R.B Sreekumar                                                             Complainant 
Versus
Narendra Modi @ Anr.                                                      Accused

AFFIDAVIT
I, R.B Sreekumar, S/o Late R. Bhaskaraen Nair Age 66, R/o House Name – “Sreelekshmideepam” Plot No. 193, Sector 8, Gandhi Nagar 382007 Gujarat, presently at New Delhi, do hereby solemnly affirm and swear as hereunder:-
1.       That, I am the Complainant in the above mentioned matter and being fully conversant with the facts and circumstances of the case, I am competent to swear this Affidavit.
2.       That is say that the contents of the accompanying complaint under section 190 of Cr.PC comprising of page 1 to 9 is true and correct to the best of knowledge and belief and nothing material has been concealed therefrom. The same may be read as part of the present affidavit and the same is not repeated for sake of brevity.


DEPONENT
VERIFICATION
I, the above-named deponent do hereby verify on 19th of November 2013 that the contents of the forgoing Affidavit are true and correct to the best of my knowledge and belief and that no material facts have been concealed therefrom or is false.

DEPONENT
    
IN THE COURT OF MM, PATALIA HOUSE COURTS,
NEW DELHI
COMPLAINT CASE NO. ______ OF 2013

IN THE MATTER OF:

R.B Sreekumar                                                             Complainant 
Versus
Narendra Modi @ Anr.                                                      Accused

APPLICATION U/S 156 (3) OF CRIMINAL PROCEDURE CODE
  
   MOST RESPECTFULLY SHOWETH:

1.       That the present matter is pending adjudication before this Hon’ble Court. The Present complaint has been filed for an offence under section 500 Part II and 501 Part II and of Indian Penal Code. The contents of the accompanying complaint may be read as the part of the present application and the same is not repeated for the sake of brevity.
2.       The matter pertains to defamation of the complainant which needs investigation. The matter needs a detail investigation. The police may be directed to investigate in the matter.


PRAYER

It is therefore most humbly prayed to this Hon’ble Court:

i.        The concerned Police Station may be directed to register First Information Report;
ii.       That any other or further relief/s as this Hon’ble Court may deem fit be awarded in favour of the Complainant.
          FOR THE SAID ACT OF KINDNESS THE COMPLAINANT SHALL BE       DUTY BOUND AND PRAY FOR EVER.                                                                      

COMPLAINANT
                                                                        THROUGH
                                     
                                                   Brijesh Kalappa (Advocate)
& Gopal Singh
                                           D-11,Lajpatnagar-III,
New Delhi-110024                 
New Delhi
Date: 19.11.2013                                         








IN THE COURT OF MM, PATALIA HOUSE COURTS,
NEW DELHI
COMPLAINT CASE NO. ______ OF 2013

IN THE MATTER OF:

R.B Sreekumar                                                             Complainant 
Versus
Narendra Modi @ Anr..                                                     Accused

AFFIDAVIT
I, R.B Sreekumar, S/o Late R. Bhaskaraen Nair Age 66, R/o House Name – “Sreelekshmideepam” Plot No. 193, Sector 8, Gandhi Nagar 382007 Gujarat, presently at New Delhi, do hereby solemnly affirm and swear as hereunder:-
1.       That, I am the Complainant in the above mentioned matter and being fully conversant with the facts and circumstances of the case, I am competent to swear this Affidavit.
2.       That is say that the contents of the accompanying application under section 156 (3) of Cr.PC comprising of page 11to 12 is true and correct to the best of knowledge and belief and nothing material has been concealed therefrom. The same may be read as part of the present affidavit and the same is not repeated for sake of brevity.

DEPONENT
VERIFICATION

I, the above-named deponent do hereby verify on 19th of November 2013 that the contents of the forgoing Affidavit are true and correct to the best of my knowledge and belief and that no material facts have been concealed therefrom or is false.

DEPONENT

IN THE COURT OF MM, PATALIA HOUSE COURTS,
NEW DELHI
COMPLAINT CASE NO. ______ OF 2013

IN THE MATTER OF:

R.B Sreekumar                                                             Complainant 
Versus
Narendra Modi @ Anr.                                                      Accused


LIST OF DOCUMENTS ALONG WITH DOCUMENTS:

1.       News Paper Report dated 9th November 2013 in the Indian Express.
2.       Press Note issued by Accused No. 4 on 12.11.2013
3.       Order dated 24.01.2005
4.       Other document will be provided as and when required by this Hon’ble Court.


                        COMPLAINANT
                                                                        THROUGH
                                     
                                                   Brijesh Kalappa (Advocate)
& Gopal Singh  
                                           D-11,Lajpatnagar-III,
New Delhi-110024                 
New Delhi
Date: 19.11.2013                                         


Monday, 11 November 2013

2013-11-10 ISRO Case


Press note for publication
Ill-motivated malicious propaganda against R. B. Sreekumar, former DGP Gujarat, by BJP
Campaign managers of BJP’s prime ministerial candidate Narendra Modi have redoubled efforts to enhance his image by hook or crook.  Ill-motivated malicious campaign against persons who gave or marshaled evidence against culpable guilt of Narendra Modi and his collaborators in the planning and execution of anti-minority pogrom, subsequent subversion of Criminal Justice System (CJS) in Gujarat state to deny, delay and derail justice delivery to riot victim survivors and killing of 22 persons in fake encounters – are vigorously pursued by a group of crony – capitalist corporate mughals – driven Media and the Sangh Parivar. Three IPS officers, R. B. Sreekumar, Rahul Sharma and Sanjeev Bhat, who submitted substantial evidence against those responsible for 2002 Gujarat riots and subsequent illegal acts, have been victimized and defamed by spreading canards and misrepresentation of facts by BJP against them.
On 7-11-2013, advocate, Meenakshi Lekhi, in a press meet aired by the Times Now channel alleged that R. B. Sreekumar (RBS), while he was serving in Central Intelligence Bureau as Dy. Director (DD) in Trivandrum (1992 – 1995), Nambi Narayanan (NN), a scientist in Vikram Sarabhai Space Centre (VSSC) was falsely implicated in an espionage case and later CBI investigators had found him to be innocent. The Court had ordered Kerala Govt. to pay compensation to him. According to her, RBS had played into the hands of Central Intelligence Agency (CIA), American spy organization and had thereby damaged or decelerated the pace of India’s Space Programs. Though CBI had recommended action against him and other IB officials and Kerala police officers, UPA Government (2004-09) favored them without conducting a proper enquiry and exonerated them of all charges on professional lapses. She further charged that as a quid-pro-quo of this favor from UPA Govt, RBS had prevaricated evidence against Narendra Modi about his alleged anti-minority atrocities since 2002 riots.
This version of BJP spokesperson was biased based on blatant lies and misinterpretation of facts. The truth about ISRO espionage case and role of RBS in this matter is the following.

Facts about ISRO espionage case
In October-November 1994, Kerala Police had registered 2 cases under Foreigners Act and Official Secret Act against two Maldivian women and two scientists of VSSC for their alleged involvement in espionage activities. On the request of DGP Kerala, Director – Intelligence Bureau (DIB), had deputed IB officials under the supervision of Joint Director (JD) Subsidiary Intelligence Bureau (SIB) Trivandrum, Mathew John, to assist Kerala Police in these cases. RBS, DD-SIB Trivandrum, CM Ravindran, DD-SIB Mumbai and six other IB officers were engaged for assisting the Special Investigation Team (SIT) of Kerala Police under DIG Sibi Mathew, now Chief Information Commissioner (Kerala State). From IB Head Quarters Delhi, M.K. Dhar, Joint Director, was monitoring IB officials assisting Kerala Police on behalf of Director-IB.
RBS had interrogated D. Sasikumaran, Scientist-VSSC and Mariam Rashida, a female officer in Maldivian Secret Service, both arrested by Kerala Police in the espionage case, on the orders of JD Mathew John. RBS submitted interrogation reports to his seniors and Kerala Police. He did not interrogate NN.
Meanwhile on account of numerous sensational and speculative Media reports about the espionage and considering the interstate ramifications of the case, (two persons from Bangalore were also arrested by SIT), Kerala Chief Minister K. Karunakaran had transferred investigation of espionage case to CBI. Soon an ego clash between the then Director CBI, Vijaya Rama Rao, reportedly close to the then Prime Minister Narasimha Rao and then DIB D. C. Pathak resulted in CBI delinking IB from the process of investigation and ultimately reporting against the alleged unprofessional approach of Kerala police and IB officials in investigation of the espionage case to MHA in 1995. CBI had also proposed departmental action against the delinquent nine IB officials including, three IPS officers, Mathew John, RBS and C. M. Ravindran. Kerala Governments, both UDF and LDF, had rejected CBI proposal for taking departmental action against Kerala Police. But in November 1999, the Union Government – NDA Government – issued charge sheets for departmental action against the above nine IB officials, who, however gave their reply to MHA by August 2000.
Significantly NDA Government had accepted the explanation of IB officials and closed the file in September 2000, without taking any action on the proposal of CBI and consequently all charge sheeted IPS and IB officials were promoted to higher ranks. As per the Fundamental Rules, Union Government is mandated to report about any pending departmental enquiry or investigation against IPS officers during their deputation period to Central Government, to the State Governments of their cadre, in case any action is pending against them. Since NDA Government had closed the enquiry against the IPS officers and others by accepting their explanations on charge sheets served on them, MHA did not report about any pending departmental action. With the inception of UPA Government in 2004, a section of Congress leaders from Kerala demanded action against IB officials on the recommendations of CBI. Consequently the UPA Government had revived the closed file by NDA Government and commenced departmental enquiry against the nine officials, including RBS in October 2004 by appointing a regular Presiding Officer. After scrupulously following procedure in the Manual of Departmental Proceedings, a quasi-judicial process, i.e. charge-sheet, examination of witnesses from both sides, evidence appreciation by the Presiding Officer and final verdict. The Presiding Officer, the then Director General of Central Industrial Security Force (CISF), K. M. Singh, now member National Disaster management Authority (NDMA) examined many witnesses including CBI and Kerala police officers also. Basing on the report of the Presiding Officer the MHA exonerated all nine officers of all charges by its order dated 28-01-2005.
So the allegation by BJP that UPA Government had given a clean chit to delinquent officers without following due process of law is a total lie and ill-motivated mischievous propaganda. In fact, it was NDA Government which ignored CBI report against IB officials and closed the file which had facilitated promotion and award of benefits to the alleged delinquent officers. (Documents are available).
Meanwhile in 1999, NN had filed a civil suit and the same is pending in District Court in Trivandrum, Kerala.


Why BJP targets RBS exclusively
Reasons for the BJP wailing over the plight of NN, after nineteen years without any additional evidence, are obvious. During the last visit of Narendra Modi in Kerala (perhaps in April 2013), NN had a meeting with him (NN had admitted this to Media). Reportedly, conspiracy to stamp on RBS the whole blame for NN’s arrest was taken in this meeting for generating political capital for Narendra Modi as RBS is a known critic of Modi since 2007.
Secondly NN did not come out with any evidence or information in support of his allegation against RBS’s role in booking him in a false case or submitted any additional data about the link of IB and RBS with the CIA.
It is ridiculous that a senior lawyer like Meenakshi Lekhi, misleading Times Now channel in her interviews, telling that RBS had solely fabricated evidence against NN, and got him arrested. IB officers from DIB to the lowest ranking person have no statutory authority or responsibility to take cognizance of the offences, register FIR, investigate, arrest, interrogate and prosecute anybody. Criminal procedure Code (CRPC) gives powers solely to police only. So how could RBS create evidence and get NN arrested?
Any report or information provided by IB officials in a given case has to be adjudged by the Investigating Officer (IO) from police probing the case. SIT headed by DIG Sibi Mathew of Kerala Police, as the IO of ISRO espionage case till CBI took over the investigation, had exclusive legal power to accept or reject interrogation reports provided by IB officials. In such a situation how could IB or RBS book NN and others for alleged espionage?
Thirdly NN had admitted to Media that RBS did not interrogate him. Moreover, D Sasikumaran, the other scientist arrested by Kerala Police, who was interrogated by RBS on the request of Kerala Police and orders of his seniors did not complain so far to any authority about ill treatment or fabrication of evidence against him or others. Sasikumaran did not even join NN as a co-plaintiff in the pending compensation case. Similarly, Mariam Rashida, interrogated by RBS, also did not complain to Magistrate (before whom she was presented after arrest) about any harassment by police or RBS.
Significantly NN also did not complain about any ill-treatment to him by anybody when he was produced before the Magistrate.
Interrogation of persons arrested by Kerala police in espionage case was done by officers from IB and RAW, besides Kerala Police, on specific request from the IO. The legal position is that none can interrogate or meet a person in police custody without the IO’s permission.
One should examine as to why BJP had targeted RBS alone for the so called violation of human rights of NN when RBS did not even meet him and interrogated him while NN was in police custody. In case the IO had found NN guilty of espionage on his own appreciation of evidence, how could RBS be solely responsible for falsely implicating NN in espionage case?
The strategy of BJP to defame RBS with false allegations and concocted stories was to lower and damage his image and denigrate voluminous evidence presented by him to Judicial and probe bodies about culpability of Narendra Modi as the chief architect of 2002 anti-minority genocide and subsequent deviant acts. The nine affidavits  (660 pages), by RBS cover information relating to period from 09-04-2002 to 18-09-2002 when RBS served as additional DGP – Intelligence of Gujarat State. Basing on this evidence and other information, a Special Court in Ahmedabad is scheduled to give its verdict (on 02-12-2013) on the report of SIT, chaired by Dr. R. K. Raghavan, giving a clean chit to Narendra Modi and 62 others, in the complaint against them submitted by Smt. Zakia Hasan Jafri, widow of Congress MP, killed by rioters on 28-02-2002. Gujarat State Government could have charged RBS with perjury had it succeeded to prove any nugget of evidence in affidavits by RBS, false and unreliable. But this had not happened so far. After his retirement on 28-02-2007, RBS is staying in Gandhinagar, Gujarat and assisting riot victim survivors in getting justice. His efforts along with the NGOs like Citizens for Justice and Peace (CJP) captained by Teesta Setalvad could, so far, get 116 accused guilty of 2002 riots convicted with life imprisonment – an unprecedented achievement in judicial history of India relating to anti-Muslim riots. This should explain the rationale behind viciously malevolent moves of BJP and Modi Bhaktas in Media to mendaciously slandering RBS.
The baseless allegations against IB officers acting for CIA is sinful. Such an allegation is not in CBI report against IB officials, submitted to Union Government in May 1995, resulting in departmental action against IB officials. Further, there was no information received by RAW officials who was also associated with investigation of espionage case by Kerala police initially and CBI later, relating to the so called CIA links.
In case information about CIA connection with IB officials, who assisted Kerala police in investigation of ISRO espionage case was known to BJP or NN, why they had not intimated this matter for further probe to relevant authorities from 1999 onwards. Even today, except vague allegations about CIA acting through IB officials behind the ISRO espionage case, no specific verifiable and probable information or input about this allegation is presented by BJP, NN or their friends.
In a TV interview, advocate Mahesh Jethmalani, referred to the retirement of Additional Director-IB, Ratan Sehgal, allegedly for his closeness to US Embassy. But this episode was during the tenure of I.K. Gujaral Government and if this information was true, the subsequent Vajpayee Government could have easily inquired into the matter and brought out the truth. The facts about undercurrents in the investigation of ISRO espionage case was revealed by the late M.K. Dhar, the then JD-IB in IB headquarters who was over viewing the work of IB officials relating to ISRO case in his book “Open Secrets”.
It is a damn bluff that RBS had deposed evidence against Narendra Modi as a quid-pro-quo for his exoneration in department proceedings by UPA Government in 2005. In fact, it was NDA Government who closed the file and rejected CBI report against IB officials in August 2000, after fully accepting explanations by them. UPA Government as narrated earlier had reopened the file and conducted proceedings in which all delinquents were exonerated in January 2005. Perhaps, as a quid-pro-quo for NDA Government protecting RBS, BJP expected RBS to become a collaborator in BJP’s anti-minority communal agenda. Keshubhai Government (BJP) in 2002 August, promoted RBS as Additional DGP, with retrospective effect from 1998, when RBS returned to the State cadre on completion of his deputation in IB. If departmental inquiry was pending against RBS why NDA Government did not report this matter to Gujarat State Government in August 2000. The Keshubhai Government had deputed RBS for supervising relief and rehabilitation work in the quake hit Kutch district, (though it was not his charter of duties) soon after the January 2001 earthquake and the State Government had highly commended him for his relief work. Even Modi Government had high appreciation for the competence and professional efficiency of RBS. Modi Government in December 2001, appointed RBS as a member of Mehta Commission to make recommendations for revamping the State Intelligence Branch (SIB). Again, Modi Government had posted him as ADGP Intelligence (Int), by transferring his predecessor before completion of the latter’s tenure, on 09-04-2002, when Law and Order situation was not fully normalized after the riots.
Significantly RBS became a persona-non-grata to Modi Government when he acted as per his obligations to his oath to the Constitution of India and sent reports from 09-04-2002 to 18-09-2002 about the involvement of the Sangh Parivar in planning and execution of anti-Muslim riots, denial of justice to riot victims and other deviant acts including the misdeeds of those responsible for fake encounters. His representation to the Central Election Commission (CEC) on 09-08-2002 prompted CEC to declare the State Government’s version about public order and rehabilitation of riot victims at that time in Gujarat as false and postponed the assembly elections. This was acknowledged by CEC in its Open Order dated 16-08-2002 (see CEC website for this order).
RBS was forced even to disobey, shameless and brazen illegal written orders by the then DGP, K. Chakravarti, for not reporting details of communally sensitive speeches by Narendra Modi during the Gaurav Yatra in September 2002 to higher authorities. This order was in violation of statutory duties assigned to the State Intelligence Department in Gujarat Police Manual (GPM).  This act of RBS was the last straw on the camel’s back and so RBS was transferred within 24 hours of his reporting the verbatim version of objectionable Modi speech with English translation. From 18-09-2002 to the date of retirement (28-02-2007), RBS was posted as ADGP, Police Reforms without any charter of duties.
Later RBS was intimidated by Home Secretary, G. C. Murmu, IAS, now Principal Secretary to CM Gujarat and a Government pleader in August 2004 for not revealing incriminating facts to Justice Nanavati Commission (JNC), probing into Gujarat riots, during his cross examination by JNC on 31-08-2004. He was also verbally directed for not filing his second affidavit. However, RBS did not comply with these conspicuous illegal orders (details of other illegal verbal orders are narrated in the 3rd affidavit of RBS) and threats and gave damaging evidence against Sangh Parivar during his cross examination by JNC and in his subsequently submitted affidavits (this includes audio recordings of intimidation by Home Secretary). He had also offered to unconditionally undergo narco, brain finger printing, polygraph and lie detector tests anywhere in India to prove veracity of information in his affidavits.  These “rebellious but legal acts” by RBS had resulted in his supersession in promotion to the rank of DGP in February 2005. Two of his juniors in IPS were given out of turn promotions. Besides, as part of victimization, he was served with a 9-point charge sheet in September 2005 and his pensionary benefits were kept pending for two years. RBS got justice from higher judiciary and Central Administrative Tribunal in both cases. Notably all evidence presented by RBS in his Nine (9) affidavits were pertaining to his work as ADGP intelligence from 09-04-2002 to 18-09-2002 and not of period from May 2004, when UPA Government assumed charge of the Union Government.
The self evident truth is that UPA Government did not extend any favor to RBS since his retirement in 2007 in the form of even a membership in National Integration Council. It is relevant that nearly a dozen retired IAS and IPS officers are serving as Governors and in other important posts. Even though RBS has the degree of LLM – Criminology, UPA Government did not find him to be suitable for the post of member in CAT also. So, on what grounds BJP is alleging about the unholy nexus between the Congress party and RBS? It is a deplorable scandalous falsehood.
Double standards of BJP
BJP is now complaining about UPA Government ignoring CBI report against IB official’s role in ISRO espionage case, though actually NDA Government had ignored this report, whereas UPA Government had conducted department proceedings against RBS and other officials. In contrast, are the visible herculean efforts by BJP to shield IB officials like Rajendra Kumar, former JD-SIB Ahmedabad and Sudhir Kumar, former Additional Director – Mumbai, from CBI action against them, though they were allegedly responsible for conspiring and executing fake encounter killings of many Muslim youth in 2002 and 2003.
Another strange contradiction is the refusal of Modi Government in not taking further action against Gujarat police officers against whom higher judiciary and special courts, which gave verdict on 2002 riot cases had passed severe strictures. This was a legal requirement as per Rule 271 and 272 of GPM Volume III. Still nothing is done against delinquent officers in the departments of Executive Magistracy, Police and Home, so far.
BJP made a lot of sound and fury to get Union Minister of Law, Ashok Kumar, resign for his alleged objectionable action to influence CBI to alter an affidavit. Greater sinner is the Modi Government, since 2002, who forced every officer – Chief Secretary downwards - to sign affidavits to JNC, drafted by BJP advocates for favoring authors of 2002 anti-minority mass violence, subversion of CJS and fake encounters. Except three (3) IPS officers, RBS, Rahul Shasrma and Sanjeev Bhat, others have complied with this illegal demand of Modi Government and submitted allegedly false affidavits. Expectedly, there were no incriminating materials about the planning and execution of riots and other crimes in these affidavits. The 3 whistle blower IPS officers were extensively victimized and persecuted with supersession in promotion, bad postings, departmental proceedings, arrest and suspension. They could get limited justice from higher judiciary.
Association of RBS from March 2007 with Secretary of NGO – CJP – Teesta Setalvad is projected as an illegal act by BJP. CJP is not a banned organization like Lashkar-e-Toiba, Jais-e-Mohammed and Bindrawale Tiger Force. Strangely, BJP has no objection in Gujarat State Minister of State for Home, in 2011, convening a clandestine meeting of State Advocate General, Kamal Trivedi, Principal Secretary to CM, G. C. Murmu, accused person in fake encounter case and his lawyer and thereafter conspiring and designing plans for subverting CBI investigation in encounter cases and saving accused in extra-judicial killings (audio recording available). This act is against the basic functions of the State Government as the State Government is the complainant and prosecuting authority in all criminal cases as per law. This act of Home Minister and other Government officials constitutes offence under section 186 and 217 of IPC. Modi Government is protecting all responsible for this deviant act.
NN will soon realize that he will have the fate of L.K. Advani in politics and DIG D.G. Vanzara in Gujarat Police – both were treated as use and throw material for advancing career prospects of Narendra Modi.
Instead of malevolently defaming whistleblower police officers, Modi Government should initiate action against officers in departments of Executive Magistracy, Home and Police (Dy. SP to Chief Secretary), who through their deliberate acts of omission and commission had acted as facilitators, enablers and abettors of genocidal violence against Indian citizens in 2002, subversion of CJS and fake encounters (only 2 Police Inspectors were arrested for their culpable role in riots). Will BJP show guts to discipline Narendra Modi and prompt him to take the straight and narrow path in administration of Gujarat State as per letter and spirit of the Constitution of India? Can BJP and Modi Government disprove facts narrated in this press note and charge RBS with perjury, instead of making baseless and false allegations against him and indulging in Gobbelsian propaganda? RBS is willing to undergo narco and other tests to prove truth of the matter in this press note. Let words pass and deeds prove. Satyamvada Dharmamchara  - Speak Truth and Act Righteously.

R. B. Sreekumar

Former DGP, Gujarat

Plot No. 193, Sector-8,
Gandhinagar, Gujarat
Ph:- 079-23247876
M:- 09428016117; 09428016067
Email:- rbsreekumar71@yahoo.com
www.harmonynotes.in

Wednesday, 6 November 2013

2013-11-03 Shushil Kumar Shindeji - Letter to Home Minister



R.B. SREEKUMAR, IPS(Retd.)
Former DGP, Gujarat
                                                                                                “Sreelekshmideepam”
                                                                                                Plot No.193, Sector-8,
                                                                                                Gandhinagar-382007
                                                                                                Gujarat
                                                                                    Email – rbsreekumar71@
                                                                                    yahoo.com
                                                                                    www.harmonynotes.com
                                                                                    Tel (R)079-23247876
                                                                                                09428016117
                                                                                    Letter no.12/2013-MHA-IPS
                                                                                    dated 03-11-2013

Subject :-        ENFEEBLEMENT OF HIERARCHICAL STRUCTURAL SUPERVISING SYSTEM IN GUJARAT POLICE – REQUEST FOR IMMEDIATE REMEDIAL ACTION.

                        I belong to Gujarat cadre of Indian Police service (IPS) -1971 batch and retired from service on 28/2/2007 in the rank of Director General of Police (DGP), Gujarat Police.

2.                     After retirement, I am engaged in helping Gujarat (2002) riot victim survivors, particularly in ensuring proper justice delivery to them, along with NGOs like Citizens for Justice and Peace (CJP), headed by Smt. Teesta Satalvad.  Our collective efforts could get 116 persons, accused in anti-minority mass crimes, convicted with life imprisonment. 
3.                     The political bureaucracy (The Chief Minister Shri Narendra Modi and Ministers) of the State Govt., since 2002 could actualize its covert illegal agenda of (1) anti-minority pogrom in 2002 (nearly 2000 people were killed and about 500 Islamic monuments from the 16th century were demolished), (2) the subsequent subversion of the Criminal Justice System (CJS) to deny, delay and derail justice delivery to riot victims and (3) extra judicial killings of 17 persons from October 2002 to January 2006 and so on, by misusing and abusing a group of self – aggrandizing unscrupulous careerist   police officers. 
4.                      From the days of genocidal violence in 2002, numerous developments have steadily impaired the image, prestige and confidence of Gujarat Police.  These are, (1) severe strictures    by higher judiciary about the quality of professionalism, integrity and commitment to the Rule of Law of Gujarat Police, (2) victimization of offices who enforced the Standard Operational Procedure (SOP) and maintained public order excellently, through arrest and prosecution of rioters, and deposed reliable evidence against the Sangh Pariwar to judicial bodies, by the State Govt. and (3) imprisonment of  32 Gujarat police officers, including 6 senior IPS officers for their culpability in extra judicial killings.   Of late, the State Govt’s policy of inordinate delay in granting promotion to officers in the ranks of DIGP to DGP has, further, put the morale, motivation and professional competence of supervisory cadre of Gujarat police in a state of ceaseless decline.

5.                     Since the death of regular DGP Gujarat, Shri Amitab Pathak (IPS -1977 batch) on 23 Aug 2013, the State Govt. had directed Shri Pramod Kumar (IPS – 1983), ADGP (Police Reforms) to discharge duties of DGP and head DGP office.  Strangely,  Shri Pramod Kumar, DGP is supervising his senior in service, namely Shri H.P. Singh (IPS – 1980), Commissioner of Police Rajkot city.  So this arrangement is illegitimate and improper and is in flagrant violation of basic, fundamental and functional regulations and administrative conventions and it amounts to perpetuation of insubordination and injury to structural supervisory hierarchy in police.  If somebody challenges the validity of Shri Pramod Kumar’s orders to Shri H.P. Singh in a court of law, the State Govt. would not have any legal or administrative grounds to vindicate its decision of posting a junior officer in IPS Civil List of Gujarat cadre for supervising the functions of his senior within the police department.
6.                     In the past also Gujarat State Govt. has shown scant respect to the principles of the Rule of Law, equity and sanctity of administrative regulations.  The Govt. had kept the post of regular DGP (Law and Order) vacant from 01/09/2010 to 24/09/2012.  I had brought this malady to the notice of the  then Union Home Minister, Shri P. Chidambaram, vide my letter No.RBS/MHA(IPS)/C-21/2012 dated 15/03/2012. 
7.                     Further, the State Govt. is not filling up all the four posts of DGP in the State for the last so many months.  Besides, many posts are kept vacant in the ranks of ADGP, IGP and DIGP since 2011.  Reportedly, this strategy is adopted to delay the promotion of a few IPS officers, who are in the  zone of consideration for promotion to the ranks of IGP and ADGP.  Most of these officers are, reportedly, persona-non-grata to the State Govt. and the Sangh Pariwar.  To illustrate, Shri Satish Chandra Verma (IPS – 1986) is due for promotion to the grade of ADGP since 2011, but the State Govt. is allegedly against him for his role in helping CBI, as per orders of the Hon’ble High Court of Gujarat, to nab Gujarat Police officers allegedly responsible for extra judicial killings.  Similar is the case of Shri Rahul Sharma (IPS – 1992), due for promotion to the rank of IGP (he gave extensive evidence about the guilt of the Sangh Pariwar leaders in 2002 riots) and Shri Rajnish Rai ( IPS-1992), due for promotion to the rank of IGP (he arrested two Gujarat Cadre IPS officers for their involvement in fake encounters).
8.                     Reportedly, another reason for keeping vacancies in the ranks of DIGP to DGP was to entrust key branches to blue-eyed boys of the Chief Minister Shri Narendra Modi, though it involved one officer acting as in-charge of   multiple and diverse posts.  The classic case is of one ADGP (who according to riot victims was an alleged active abetter in anti-minority genocide in Ahmedabad city in 2002) who is posted as Commissioner of Police (Ahmedabad City), holding charge of the offices of ADGP (Law and Order) and ADGP (Int.) – posts with state – wide responsibility.  Here is a queer situation of an officer in his capacity as ADGP (Law and Order) and ADGP(Int) monitoring and supervising his own work as CP Ahmedabad city.  How can an officer be a ground level police functionary and his own supervisor on two important aspects of policing – public order and intelligence at state level, simultaneously?
9.                     The self-evident truth is that the State Govt. has a policy of giving nectar to collaborators, facilitators, enablers, and actualizers of its clandestine and illegal anti-minority agenda and poison to those loyal to their oath to the Constitution of India.  Even out - of -turn promotions, and   post-retirement assignments were given to many officers, who implemented the govt’s anti-minority policies. “ Recalcitrant officers”, who enforced the Rule of Law without fear or favour, were superseded in promotion, arrested in false cases, charge-sheeted    for dismissal from service and denied pensionary benefits for years. 
10.                  Being apprehensive of victimization by govt. the aggrieved officers, whose promotions are delayed, are reluctant to approach the Union Govt., Central Administrative Tribunal (CAT) or judicial bodies.  The leaders of Gujarat unit of IPS Association, so far, could not muster courage to make a representation to the State Govt. for getting long pending promotions, to vacant posts, ordered. An escalating psychology of fear is prevailing among officers. 
11.                  Persisting low morale, inadequate motivation and poor situational skill in the higher echelons of Gujarat state cadre of IPS officers  will definitely debilitate their functional efficiency, investigative ingenuity and administrative acumen.  Union Govt. has the authority, responsibility and obligation towards eager sustenance of self-esteem, proficiency and quality of service delivery of Gujarat police, as per the letter and spirit of Articles 51A and 355 of the Constitution of India, recommendations of numerous Judicial Commissions on riots, Rule-10 of the Indian Police Service (Cadre) Rules 1954 and Rule 9 of Indian Police Service (Recruitment) Rules 1954.
12.                  In the context of the above facts, I humbly appeal to you to kindly direct Gujarat State Govt. to initiate action within a month, for (1) posting a regular DGP to head Gujarat police and (2) to fill up all vacant posts in the ranks of DIGP, IGP, ADGP and DGP, by adhering to the due process of law. 
                        Thanking you,
                        Respectful Regards.
                                                                                                Yours faithfully

                                                                                            ( R.B.SREEKUMAR)
To
Respected Shri Sushil Kumar Shindeji.
Hon’ble Union Minister of Home Affairs
North Block, New Delhi-110001

Copy with compliments to,
Respected Dr. Shrimati Kamalaji,
Her Excellency, The Governor of  Gujarat
Raj Bhavan, Gandhinagar-382020.
With prayers for kind attention and initiating necessary action.