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Gujarat Police Confesses to the Javed-Ishrat Encounter

Never before have so many police men in uniform confessed before the Magistrate and recorded their statements under section 164 of CrPC (Criminal Procedure Code) admitting to be witnesses to an ‘encounter’ and at the same time being the participants of the encounter albeit under the orders of their superiors.

In an investigation, the most credible and admissible evidence that can be collected by the investigating agency during the course of investigation are statements made by persons before the Magistrate under the section 164 of CrPC. The Magistrate has to certify that the statements have been made voluntarily without any form of coercion and any retraction from such a statement is itself an offence. Thus statements under 164 are treated as documentary evidence even in the trial of the case and can even lead to convictions.

The CBI assisted by Shri Satish Verma has achieved virtually the unthinkable. Along with the charge sheet in the Javed-Ishrat case, they have been able to produce scores of such 164 statements amongst which there are 9 CrPC 164 statements of the police men who admit to have witnessed the encounter.

Extract of the statement of Shri IK Chauhan, Police Inspector, who recorded it on 4th June 2013 before the Magistrate as under (English translations at the end of the post):

“Uske baad maine ek nile colour ke indica car M4-02-JA-4786 road ke divider ke paas khadi dekhi. Us gadi ke paas police constable Mohammed Safi hazir the. Tab constable Safi ko maine puchne ke baad, usne bataya ki woh Indica car usne drive karke layi hai. Us waqt Shri NK Amin, Shri JG Parmar aur Commando Police Constable Shri Mohan Nanji Menat wahan hazir the. Tab Shri Amin ki gadi Indica car ke piche road ke left ki taraf khadi thi. Uske baad ek safed colour ki SUV jaisi gadi wahaan aayi aur woh road ke baju mein khadi rahi. Tab maine dekha ki Police Constable Moti Talaja Desai ne ek aadmi ko us gadi se laya tha. Woh aadmi bees din pehle Gota Circle par pakda hua hi aadmi tha. Tab mujhe laga kiya haan kuch galat hone wala hai.

Uske baad ACP Shri NK Amin aur mere varisht Shri Tarun Barot ne wahaan laye gaye aadmi par aur uske paas road divider se left khadi lagat khadi hui Indica car par firing karna shuru kiya. Us waqt Commando Mohan Lala Kalasawa ne bhi uske hathiyar se Indica car aur aadmi par firing kiya. Tab yeh sab dekh kar mein upset ho kar Kotarpur water works ke turning ke taraf khade hue Nizamuddin, Mohan Nanji aur Moti Talaja, inke paas jaa kar khada ho gaya……..”

Nizammudin Saiyed, the then ASI recorded his statement on 5th June 2013 before the Magistrate and the relevant extract reads as under (English translations at the end of the post):

“Baadme Amin ne aankh par patti bandhe hui aadmi par road divider ke paas indica car ke piche khada kiya….Tab achanak Amin Saheb ke Maruti Gypsy se Indica ki taraf firing karne ka aawaz aaya…..Uske baad Shri NK Amin ke soochana ke anoosar humne Indica car ke paas jaake dekha. Tab maine Khodiyar farm mein rakhe hue javaan ladka aur ladki ko nile colour ke Indica car mein driver seat aur uske baju wale passenger seat par mara padad ekha. Is gadi ke piche wali seat par ek aadmi mara pada hua tha. Aur indica car ke piche road divider ke paas Moti Talja aankh par patti laga kar lagaye hue aadmi ko bhi mara pada dekha…”

Shri Mohan Nanji Bhai Menat, Police Armed Heat Constable, recorded his statement on 6thJune 2013 before the Magistrate and the relevant extract reads as under(English translations at the end of the post):

“Uske baad achanak Tata Indica car aur aankho pe patti bandhe aadmi ke aas paas khade hue adhikariyo ne Indica car par aur us aadmi par firing karna shuru kar diya….”

These are not the only three chilling admissions. Head Constable Moti Talja Desai, PI CJ Goswami, PI BA Chavda, PI KS Desai, DySP DH Goswami and PI RI Patel have all recorded their statements recounting the same chilling accounts of the brutal cold blooded killings of the four persons between 4:30-5:00 a.m on 15th June 2004. These eye witness accounts of police in uniform, swearing before the Magistrate are the sordid accounts of their superior officers killing the blindfolded,helpless men and a 19 year old girl reads like the stories of killings by Gestapo of the Hitler’s era.

Those of the right winger intellectuals who are still supporting such brutality should be recognized for the danger they pose to the Indian democracy. However most importantly,all the perpetrators and conspirators of these killings must be booked and given the ultimate punishment permitted by the law of this land.

The police personnel who have confessed to the encounter have also confessed about the heinous conspiracy and the conspirators. Those accounts will follow soon.

——

English translation of the above three admissions:

1) IK Chauhan

“Thereafter I saw a blue coloured Indica car no MH-02-JA-4768 standing near the road divider. Police Constable Mohammed Safi was standing near that car. On asking, constable Safi had then told me that he had driven the Indica car to that spot. At that time, Shri NK Amin, Shri JG Parmar and Command PC Mohan Nanji Menon were present there. At that time the car of Shri Amin was parked behind the Indica car to the left of the road. After that a while coloured SUV type of a car came there and halted next to the road. Then I had seen that Police Constable Moti Talaja Desai had brought a person in that car. That man was the same man who was caught near the Gota circle about 20 days ago. Then I felt that something wrong was about to happen.

Thereafter SP Shri NK Amin and my superior Shri Tarun Barot started firing on the Indica car which was standing near the road divider and the person who was brought there.At that time, Command Mohan Lala Kasawa also opened fire at the Indica car and that person. After seeing all this, I became upset and walked away towards the turning of the Kotarpur Works and went and stood with Nizammuddin, Mohan Nanji and Moti Talaja who were standing there….”

2) Nizamuddin Saiyad

“Thereafter Shri Amin made the blindfolded person stand behind the Indica car near the road divider…..Then suddenly the sound of the firing came from the Maruti Gypsy of Shri Amin towards the Indica car….Thereafter according to the instructions of Shri NK Amin, I had a closer look of the Indica car. Then I saw the young boy and the girl who had been kept in the Khodiyar Farm lying dead in the driver’s seat and the passenger seat next to it in the blue coloured Indica. Another person was lying dead in the back seat of the same car. The person who had been blindfolded and brought by Moti Talaja was also lying dead near the road divider behind the Indica car…”

3) Mohan Nanji Bhai Menat

“After that suddenly the police officers who were standing around the Tata Indica car and the blindfolded person started firing upon the Tata Indica car and that person…”

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