SYNOPSIS
This Hon’ble Court in a catena of decisions has held that “Right to Free and Fair Trail ” is not only an important fundamental right, emanating from Article 21 of the Constitution, available to all citizens of this country, but also a constitutional imperative which has to be enforced without exceptions. In order to assure and protect this pre-eminent fundamental right, this Hon’ble Court, in a number of appropriate cases, deemed it necessary to have investigations and trial conducted through the specialized agency like the CBI.
This Hon’ble Court In “R.S. Sodhi v. State of U.P” - 1994 (Suppl – I) SCC 142 observed:
“We have perused the events that have taken place since the incidents but we are refraining from entering upon the details thereof lest it may prejudice any party but we think that since the accusations are directed against the local police personnel it would be desirable to entrust the investigation to an independent agency like the Central Bureau of Investigation so that all concerned including the relatives of the deceased may feel assured that an independent agency is looking into the matter and that would lend the final outcome of the investigation credibility. However faithfully the local police may carry out the investigation, the same will lack credibility since the allegations are against them. It is only with that in mind that we having thought it both advisable and desirable as well as in the interest of justice, to entrust the investigation to the Central Bureau of Investigation.”
In (2010) 2 SCC 200- “Rubabuddin Sheikh V State of Gujarat and Ors”, this Hon’ble Court observed
“…….. but on the other hand in order to make sure that justice is not only done, but also is seen to be done and considering the involvement of the State police authorities and particularly the high officials of the State of Gujarat, we are compelled even at this stage to direct the CBI Authorities to investigate into the matter. Since the high police officials of the State of Gujarat are involved and some of them had already been in custody, we are also of the view that it would not be sufficient to instill confidence in the minds of the victims as well as of the public that still the State Police Authorities would be allowed to continue with the investigation when allegations and offences were mostly against them. In the present circumstances and in view of the involvement of the police officials of the State in this crime, we cannot shut our eyes and direct the State Police authorities to continue with the investigation and the charge sheet and for a proper and fair investigation, we also feel that the CBI should be requested to take up the investigation and submit a report in this Court within six months from the date of handing over a copy of this judgment and the records relating to this crime to them.”
It is most humbly submitted that the law as laid down by this Hon’ble Court in transfer of cases to the CBI would squarely apply to the facts and circumstances of the present case, which starkly depicts political victimization of an upright senior IAS officer of impeccable credentials, at the hands of a pliant administrative state machinery headed by a vindictive Chief Minister of the State of Gujarat – Shri Narendra Modi.
BACKGROUND AND IMPECCABLE CREDENTIALS OF THE PETITONER HEREIN
The Petitioner is an IAS officer belonging to the Gujarat cadre, with an unblemished record of outstanding performance throughout his career. He has received numerous accolades for his work including
(i) the Cavalier’s Cross from the President of the Republic of Poland, for proactive international collaboration on joint urban infrastructure development projects in Jamnagar, Gujarat, between 2001 and 2003 when the Petitioner served there as the Municipal Commissioner.
(ii) The Petitioner has earned two separate Master’s degrees from abroad – a Master’s in Development Management (1990) as an Asian Development Bank scholar in Manila, Philippines; and a second Master’s in Economic Policy and Planning (1994) from Boston, USA, as well as an Executive Diploma in Rural Development Policy and Planning (1989) from the Institute of Development Studies at the University of Sussex in the U.K.
(iii) His seminal contribution to rebuilding Bhuj city and the rest of Kutch district after the devastating 2001 earthquake in that region has been applauded both nationally and internationally, by the World Bank, the Asian Development Bank, and the BBC as well as the domestic media including India Today and Indian Express; as recently as
this past January 2011, in a 10-year anniversary documentary entitled “Gujarat’s Astonishing Rise from Rubble of 2001 Quake,”.
(iv) The Petitioner has also received complimentary citations from senior State Government officials on numerous occasions over the past 30 years in public service.
Despite such an impressive array of achievments and service record, the Petitioner is currently languishing in jail due to his implication in a number of criminal cases at the behest of the Shri Modi-led State Government. A perusal of the relevant facts which has led the Chief Minister and State Government to implicate and victimize the present Petitioner will reveal that it is impossible to hold an impartial investigation/trial as the Chief Minister himself is personally or directly interested in the outcome of the investigations which are more in the nature of a witch-hunt launched against the present Petitioner.
At the outset, the Petitioner most respectfully submits that vide the instant petition he is not seeking quashing of the false cases foisted on him. He is also not seeking to escape nor circumvent the legal process and procedure. However it is respectfully submitted that as per the oft repeated legal maxim – “Justice must not only be done but also appear to be done” – the Petitioner prays that in view of the contents of the instant
petition and the allegations against the Chief Minister and the State Machinery, it cannot be held, by any reasonable man, that there would not be bias and prejudice against the Petitioner herein in the cases fabricated against him by the state machinery and, on this ground alone, the cases currently investigate/tried by the State Police ought to be transferred to the CBI.
The persecution personally unleashed by the State Chief Minister, – Shri Narendra Modi, against the Petitioner herein is due to two major reasons, apart from a host of other supporting factors:
-I. Firstly, the Petitioner happens to be the younger brother of Kuldip Sharma, a highly-decorated and currently the senior-most IPS officer in the Gujarat state cadre, who has unmasked many misdeeds of Narendra Modi since the 2002 Godhra riots and also of his henchman Shri Amit Shah, the ex-Home Minister of State, Gujarat. The two siblings have very close to each other right from childhood and share very strong fraternal bonds.
II. Secondly, and more immediately, the Petitioner is suspected of having stumbled upon some intimate secrets of Narendra Modi’s illicit escapades with a woman named Ms. Mansi Soni. Shri Modi verily believes that this information of his amorous and illicit liaison with Ms. Soni, if revealed in the public
domain, will render incalculable and grave damage to his public image and his future political prospects. Mr Modi suspects that the information regarding his liason with Ms Soni would be revealed in the public domain through the petitioner herein and hence as a pre-emptive measure sought to incarcerate the petitioner herein implicating him in false cases. The peittoner, faced with siustaned nad constant victimization is forced to disclose these facts, which were not revealed earlier by him, as he is left nho other option.
I. VICTIMIZATION DUE TO THE PROXIMITY OF THE PETITONER WITH HIS BROTHER - SHRI KULDIP SHARMA, IPS:
Shri Kuldip Sharma, the brother of the Petitioner herein is the senior most IPS officer of the State of Gujarat, belonging to the 1976 batch. He has functioned as Additional Director General of Police, CID (Crime) from 28.4.2003 to 01.8.2005. Shri Kuldip Sharma, after taking over the above post, came across various pending cases in which Shri Modi and the then Home Minister of the State Shri. Amit Shah were interested.
(a) SOHRABUDDIN
CASE:-One of them was the Soharabuddin Case which is a matter pertaining to death of one Shri Soharabuddin in a fake police encounter. In the said case, the Petitioner’s brother approved a report to be sent to this Hon’ble Court. Till that time,
only the file of the preliminary inquiry conducted by Police Inspector, Shri Solanki of the State CID (Crime), had existed, which prima facie established the fact that Soharabuddin was killed in a fake encounter. Shri Narendra Modi held a grudge against the Petitioner’s brother since he ordered the said interim report to be sent to this Hon’ble Court, which ultimately lead to the arrest of his confidante Shri. Amit Shah, causing Shri Narendra Modi a tremendous loss of public face and political embarrassment.
(b) MALLIKA SARABHAI CASE
:-In yet another incident, an offence was registered against Ms. Mallika Sarabhai, which pertains to the danseuse’s plan to take a troop to USA and South America and the allegation was that she was using her organization to take people illegally to USA and indulging in human trafficking. It is pertinent to note here that Ms. Sarabhai was also a Petitioner before this Hon’ble Court in a petition filed against the Chief Minister and others with regard to post-Godhra communal riots in Gujarat during 2002. The CID (Crime) took over the case on 20.9.2004. However, investigation by the State CID (Crime) revealed that no offence as alleged could be made out against Ms. Sarabhai. Despite this, Shri Amit Shah, the then MOS (Home), at the behest of Shri Modi, was bringing pressure to arrest and charge-sheet Ms. Sarabhai. However, Shri Kuldip Sharma
directed the closure of the case, as it was baseless. This also angered Mr Modi.
(c) KAMLESH TRIPATHI EXTORTION CASE
:-In another instance, in a writ petition filed before the Hon’ble High Court of Gujarat, allegation of extortion of money was made against Shri Kamlesh Tripathi, a close associate and a political ally of Shri Amit Shah, MOS (Home), Gujarat. The Hon’ble High Court directed the DGP to have the matter inquired into, who, in turn, entrusted the same to the State CID (Crime). After perusal of the case, the Petitioner’s brother directed the concerned Superintendent of Police in CID (Crime) to get an offence registered as necessary and appropriate under the law. Immense political pressure was brought on the concerned SP, Shri Anil Pratham not to do so. Eventually the complaint came to be registered much against the wishes of Shri Amit Shah.
(d) MADHAVPURA (MMCB) FRAUD CASE
:-In yet another serious case, when Shri Kuldip Sharma was up in arms against the personal interests of Shri Modi and Shri Amit Shah upon an inquiry, in which allegations were made that Amit Shah had received an amount of Rs. 2.5 crores, through an intermediary Shri Girish Dani, in the matter of a case about financial fraud in Madhavpura Mercantile
Co-operative Bank Limited, Ahmedabad, by Shri Ketan Parikh who was the prime accused in this offence; the Rs. 2.5 crores was alleged paid by Shri Girish Dani to Shri Amit Shah to intervene on behalf of Shri Ketan Parikh and spare him any legal or criminal action. Shri Kuldip Sharma felt that a proper investigation was necessary in the interest of Shri Amit Shah, so as to clear Shri Amit Shah’s name of any false allegations of having take the Rs. 2.5 crores of bribe if he were indeed not involved, and had recommended that since the original investigation pertaining to Shri Ketan Parikh was done by CBI, the application leveling charges against Shri Amit Shah also be sent to CBI. Meanwhile Shri Kuldip Sharma went to attend a conference outside the State and upon his return he was informed that he had been transferred from CID (Crime).
(e) OTHER VINDICTIVE ACTS
:-The Petitioner’s brother, Shri Kuldip Sharma, too has suffered at the hands of the CM Shri Modi. His ACR’s for last 5 years (2003-2004 to 2007-2008) were downgraded by Shri Modi, without assigning any reasons and in brazen and direct violation of the statutory rules and administrative instruction of the Department of Personnel and Training (DoPT). The Chief Minister downgraded the ACRs of Shri Kuldip Sharma with the malafide intention of denying him promotion to the next higher rank as at least three outstanding ACRs are required out of last
10 years to qualify for the next promotion. The Principal Bench of the Hon’ble Central Administrative Tribunal (CAT) vide final order and judgment dated 07.04.2011 has set aside the downgrading of the ACR’s of Shri Kuldip Sharma on grounds of it being arbitrary and illegal.
It is submitted that the Petitioner has been harassed by the Chief Minister in order to settle personal scores with Shri Kuldip Sharma, the brother of the Petitioner. The State machinery is being abused by those at the helm of power, primarily Shri Narendra Modi and Shri Amit Shah, for their personal vendetta.
II. THE CHIEF MINISTER’S ILLICIT LIASON WITH MS MANSI SONI:
It was in between 2003 to 2006 that the Petitioner, in the capacity of District Collector of Kutch, commissioned a series of projects toward the beautification of Bhuj city and overall development of Kutch district. A site was selected for developing a hill garden in 2005, for which Ms. Mansi Soni from Bangalore was selected as the Landscape Architect. The Chief Minister, Shri Narendra Modi, visited Kutch to inaugurate the hill garden project upon its completion, and was at this time introduced to Ms. Soni. Thereafter, Ms. Soni communicated to the Petitioner her decision to return to Bangalore as well as
shared her ongoing interaction with the Chief Minister. The fact of the intimacy between Shri Modi and Ms. Soni was confirmed when the Petitioner was in close proximity of the two and overheard their conversation during one of the official functions. Subsequently, Ms. Soni further revealed to the Petitioner that when she called Shri Modi in his office, he would freely interrupt scheduled meetings, walking out of his office on senior officials in order to speak to her privately.
During the second week of March 2006 at approximately 5:00 PM, Ms. Soni called the Petitioner and conveyed that she had just landed in Ahmedabad city and was planning to visit Bhuj. Shortly thereafter, when the Petitioner attempted to telephone her, Ms. Soni’s cell phone was switched off and remained so for the next 48 hours. Two days later at approximately 11:00 AM, Ms. Soni called the Petitioner and conveyed that she was at the residence of Shri Modi, and had spent the duration of the previous two days at his residence. Subsequently, she met the Petitioner in Bhuj and described in detail her stay with Shri Modi.
Ms. Soni described that the next day being Holi, many people visited Shri Modi for the festival and played with colour. Shri Modi attended to them briefly and returned to his quarters. In the meantime, Ms. Soni had developed fever and requested a physician, but Shri Modi conveyed that calling a physician
was impossible, given the peculiarity of their situation. The following morning she left for Vadodara in a car sent for by Shri Modi.
In November 2008, while the Petitioner was posted as Municipal Commissioner, Bhavnagar, Ms. Soni contacted the Petitioner to inform him that Shri Modi had asked her to do a project on Alang Shipyard for which she would like to come to Bhavnagar. She came to Bhavnagar and, during that time, the Petitioner observed that she was constantly in touch with Shri Modi, who was abroad and probably in South Africa. She also conveyed to the Petitioner that Shri Modi had asked her about the Petitioner and whether the Petitioner knew about her intimate relationship with Shri Modi. In one conversation, Ms. Soni showed the Petitioner a text message that the Chief Minister had sent to her from abroad. The Petitioner made a note of the cell phone number from which it had originated. The number was 9909923400.
It is submitted that the Petitioner had two cell phones at the time, with Nos. 99251 99799 and 98240 01729. On one of these, the Petitioner had saved the aforesaid number from which Ms. Soni had received personal message from Shri Modi. Once, the Petitioner accidentally dialed Shri Modi’s number, thinking that he was actually calling someone else, but the Petitioner got no reply on Shri Modi’s phone. The Petitioner
realized his mistake and promptly disconnected. The Petitioner verily believes that Shri Modi must have found out the address of the holder of the SIM card from which his personal number was [accidentally] dialed, and placed it under observation either with the help of State CID (Intelligence) or illegal phone tapping methods involving the use of electronic equipment through unauthorized collaboration. Shri Modi could then have found that Ms. Soni was speaking to the Petitioner often over phone.
Around this time, the Petitioner received an anonymous letter conveying that a video of sexual activity between Ms. Soni and one person, was available on an internet website, and the letter advised the Petitioner to desist from contacting Ms. Soni, as her character and actions were not befitting of her company with Gujarat State officials. The Petitioner did indeed come across such a video clipping and it now appears to the Petitioner that Shri Modi, who was monitoring the Petitioner’s cell phone calls, started believing that videos involving Ms. Soni perhaps included him i.e. Shri Modi.
DETAILS OF FALSE CASES FOISTED ON THE PETITONER
HEREIN:-It is submitted that the first case was registered against the District Magistrate and Collector of Kutch District on 20.02.2008 in which the Petitioner was not named as the
accused but thereafter, in order to frame the Petitioner, various cases were registered. The details of these cases are:
(i) M. Case no. 1/2008: registered on dated 20.2.2008 with the CID (Crime) Rajkot zone.
(ii) CASE NO. 3/2010 registered with CID (CRIME) Rajkot Zone. (iii) CASE NO. 9/2010 registered with CID (CRIME) Rajkot Zone. (iv) CID (Crime) Rajkot Zone No. 1/2011 Offence registered
under section 217, 409, 120(B) of IPC, registered on 22.2.2011.
It is submitted that the aforesaid cases are being investigated by the State CID (Crime) Branch and the proceedings being orchestrated under keen personal supervision of the Chief Minister of the State who, as narrated above, has more than one reason to be prejudiced and biased against the Petitioner. The said cases have been filed only to malign and torture the Petitioner since he is the brother of Shri Kuldip Sharma and because the Chief Minister is convinced that the information of his liaisons with Ms. Soni in the Petitioner’s possession is a potential threat to his image.
The Petitioner has addressed letters to the Chief Secretary and the Investigating officers highlighting his fears that the investigations will not be free and fair but to no avail, as he has received no response yet to any of these letters. The
petitioner has also expressed his fears about danger to his personal safety and life, publicly during recent district court hearings.
In the light of the above, the Petitioner has filed the present petition for enforcement and protection of his fundamental right to life as enshrined in Article 21 of the Constitution of India.
LIST OF DATES
28.05.2003 The Petitioner assumed charge as the District Magistrate and Collector of Kutch, Gujarat. As part of the rehabilitation of the traders of the area, the Petitioner in his official capacity allotted land under the State Government policy. In 2005, in the capacity of District Collector of Kachchh, the Petitioner commissioned a series of projects toward the beautification of Bhuj city and overall development of Kachchh district. A site was selected developing a hill garden, for which Ms. Mansi Soni was the Landscape Architect.
2004-2005 The Chief Minister, Shri Narendra Modi, visited Kutch to inaugurate the hill garden project upon
its completion, and was at this time introduced to Ms. Soni and thus their relationship and intimacy begins to develop.
05.11.2007 Pursuant to an order of the Ld. Chief Judicial Magistrate, the Ld. CJM directed investigation under Section 156(3) of the Cr.P.C. to be conducted by C.I.D. (Crime), Rajkot Zone. A First Information Report being F.I.R. No.01/2008 (M. Case No.1/2008) was registered under Section 200, 203, 217, 465, 466, 467, 468, 471, 472, 474, 457, 484 and 120-B of the Indian Penal Code. The said case pertained to allotment of land in Kutch. The Petitioner was not named in the FIR.
Nov., 2008 While the Petitioner was posted as Municipal Commissioner, Bhavnagar, Ms. Mansi Soni contacted the Petitioner to inform him that Shri Modi had asked her to do a project on Alang Shipyard for which she would like to come to Bhavnagar.
Nov- Dec, 08 Ms. Soni came to Bhavnagar and, during that time, the Petitioner found that she was constantly in touch with Shri Modi, who was abroad and probably in South Africa at the time. She also
conveyed to the Petitioner that Shri Modi asked her about the Petitioner’s office routine and habits, and whether the Petitioner knew about their intimate relationship. In one conversation, Ms. Soni showed the Petitioner a text message that the Chief Minister had sent to her from abroad. The Petitioner made a note of the cell phone number from which it had originated. The number was 9909923400.
06.01.2010 The Petitioner was illegally picked up by the police from his house at about 5.30 a.m. in connection with FIR No.1/2008.
31.03.2010 A second FIR being I-CR No.3/2010 was registered against the Petitioner for the offences under sections 7, 11, 13(1)(b) and 13(2) of the Prevention of Corruption Act at State CID (Crime) Rajkot Police Station which related to two SIM cards which the Petitioner possessed but were registered under the names of persons other than the Petitioner.
25.09.2010 The same Investigating Agency registered a third FIR vide I-CR No.9/2010 State CID Crime, Rajkot Zone Police Station under sections 217, 409,
465, 467, 468, 471, 120-B etc. of IPC against the Petitioner and others which related to the allotment of land to the Welspun Group of companies (Welspun).
11.12.2010 The Petitioner addressed a letter to Shri K.P. Gajipara, the investigating officer of the I-Cr No.09/2010, disclosing the facts as to the circumstances under which the said land was allotted to Welspun and that this allotment was made on specific instructions from the Chief Minister Shri Narendra Modi.
19.01.2011 The Petitioner addressed a communication to the Chief Secretary, Govt. of Gujarat, stating that, in view of the specific allegations against the Chief Minister, the investigation may be transferred to the CBI.
26.04.2011 Since no action has been taken and the Petitioner apprehends that there will be no fair and impartial investigation, the Petitioner prefers the present petition.
IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (Crl) No. /2011
IN THE MATTER OF:- Pradeep N. Sharma
Aged about 55 years, Plot No. 465/A-2,
Sector 1-C, Gandhinagar, Gujarat. (Presently in Jail)
Through his Pairokar Shri. Mukesh Sharma …Petitioner
Versus 1. The State of Gujarat
Through its Secretary, Department of Home,
Sachivalaya, Gandhinagar,
Gujarat. Respondent No. 1
2. Additional DGP, CID Crime,
Police Bhavan, Gandhinagar. Respondent No. 2 3. Shri Narendra Modi,
Residing at Chief Minister Niwas,
Sector-20, Gandhinagar, Gujarat. Respondent No. 3 4. Union of India,
Through its Secretary, Ministry of Personnel,
Pension and Public Grievances, Department of Personnel,
New Delhi. Respondent No. 4
5. Central Bureau of Investigation, Through, its Director,
Scope Complex,
CGO, Lodhi Road,
New Delhi Respondent No. 5
WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA
THE HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
-1. That the present petition has been filed by the Petitioner seeking the transfer of the cases lodged against him with the State Crime branch to an independent investigative agency, Central Bureau of Investigation (CBI), since the said cases have been lodged simply to falsely implicate the Petitioner at the behest of the Chief Minister of the State.
2. That the Petitioner is an IAS officer in the Gujarat cadre, with an unblemished record of outstanding performance throughout his career; has received numerous accolades for his work including the Cavalier Cross from the President of the Republic of Poland for proactive collaboration on joint urban development projects in Jamnagar, Gujarat, between 2001 and 2003 when the Petitioner served there as the Municipal Commissioner.
3. That it would be pertinent to take note of the fact that the Petitioner is the younger brother of Shri Kuldip Sharma, presently the senior-most IPS Officer in the State and functioned as Additional Director General of Police, CID
(Crime) from 28.4.2003 to 1.8.2005. On taking over the charge, Shri. Kuldip Sharma (IPS) set about improving the systems and making the process robust so that all investigations pending with the State CID (Crime & Railways) or received thereafter were attended to in an impartial manner in which the high investigation standards of propriety were followed.
4. That the Petitioner’s professional credentials as an urban infrastructure development expert include two separate Master’s degrees from abroad – a Master’s in Development Management (1990) as an Asian Development Bank scholar in Manila, Philippines; and a Master’s in Economic Policy and Planning (1994) from Boston, USA, as well as an Executive Diploma in Rural Development Policy and Planning (1989) from the Institute of Development Studies at the University of Sussex in the U.K. His seminal contribution to rebuilding Bhuj city and the rest of Kutch district after the devastating 2001 earthquake in that region has been applauded by international entities such as the World Bank, the Asian Development Bank, and the BBC; as recently as this past January 2011, in a 10-year anniversary documentary entitled “Gujarat’s Astonishing Rise from Rubble of 2001 Quake,” the BBC has
recognized the Petitioner as “the government official widely credited at the time with pushing through the radical plans” [for building a completely new city of Bhuj]. The Petitioner, on several occasions, has received appreciations from the State Government for the remarkable service rendered by the Petitioner during the troubled times of earthquake towards the rehabilitation of affected people of Kutch. Copies of letters of appreciation and articles are annexed herewith and marked as ANNEXURE P-1 (Colly). [Page Nos. 34 – 76]
5. That Shri G. C. Murmu, present Secretary to the CM called Shri Chittaranjan Singh, then Director, ACB, to the former’s office and gave him a bunch of anonymous/pseudonymous applications and asked him to use them to prosecute the petitioner. Shri Chittaranjan Singh on return to his office consulted his deputy, one Shri Tirth Raj, who opined that such anonymous applications couldn’t be inquired into without Govt. orders. Thereupon, a letter was issued to the GAD asking them to issue specific orders if they require the ACB to inquire into anonymous application. This will prove the direct interest of the Chief Minister. However, copy of the letter is unlikely to be obtained since under RTI, ACB is exempted.
6. That the Petitioner by way of the present petition seeks the indulgence of this Hon’ble Court to transfer the cases to CBI as the cases have been registered at the behest of the Chief Minister of the State in order to falsely implicate the Petitioner and harass him and has thus deprived the Petitioner of his personal life and liberty. The following cases are registered against the Petitioner:
i. M. Case no. 1/2008: registered on dated 20.2.2008 with the CID (Crime) Rajkot zone
ii. CASE NO. 3/2010 registered with CID (CRIME) Rajkot Zone,
iii. CASE NO. 9/2010 registered with CID (CRIME) Rajkot Zone,
iv. CID (Crime) Rajkot Zone No. 1/2011 Offence registered under section 217, 409, 120(B) of IPC, registered on 22.2.2011.
7. That the Petitioner humbly submits that the these cases are being registered and being investigated by the State machinery at the behest of the Chief Minister of the State who has a personal agenda to ensure that the Petitioner is never able to work or lead a peaceful life. The Petitioner levels allegations with full sense of responsibility and the facts narrated hereinafter would show that Shri Modi has been using the entire State
machinery for his personal advantage. The reasons for this severe bias and prejudice are:
I. Firstly, the Petitioner happens to be the younger brother of Kuldip Sharma, a highly-decorated and currently the senior-most IPS officer in the Gujarat state cadre, who has unmasked many misdeeds of Narendra Modi since the 2002 Godhra riots and also of his henchman Amit Shah,
II Secondly, the Petitioner is suspected of having stumbled upon some intimate secrets of Narendra Modi’s escapades with a woman named Ms. Mansi Soni. Shri Modi’s paranoia about the potential grave damage to his public image and political career.
FACTS IN BRIEF TO SHOW HOW SHRI KULDIP SHARMA DEFIED THE IILEGAL INSTRUCTIONS OF SHRI NARENDRA MODI AND HIS ASSOCIATES:
-8. That when Shri Kuldip Sharma took charge as Additional Director General of Police, CID (Crime), set about improving the systems and making the process robust so that all investigations pending with the State CID (Crime & Railways) or received thereafter were attended to in an impartial manner in which the high investigation standards of propriety were followed. In doing so, Shri
Kuldip Sharma also issued a manual of 340 pages, which laid down the duties and work procedures for each rank in the organization. Certain pending investigation with the State CID (Crime & Railways) were such cases in which Shri Narendra Modi and Shri Amit Shah were interested, the details whereof are stated hereunder.
9. That one of such cases which was pending in the State CID (Crime) was the Soharabuddin fake encounter case. This was a reference from this Hon’ble Court, on a letter sent by Soharabuddin’s brother and mother, which letter had been referred to the DGP. The DGP had entrusted the matter to the State CID (Crime). Shri Kuldip Sharma had issued directions to submit an interim report to this Hon’ble Court and to vigorously pursue the inquiry. It appears that Shri Amit Shah and Shri Narendra Modi hold it against Shri Kuldip Sharma that he ordered the interim report to be sent to this Hon’ble Court, which became the starting point of events that eventually not only landed certain police officers in the jail on murder charges but also resulted in the arrest of Shri Amit Shah, a close associate of Shri Modi and the then MOS (Home) on 25.7.2010 by the CBI on charges of murder and extortion.
10. That, in another case relating to Ms. Mallika Sarabhai also, Shri Kuldip Sharma did not accept the directions issued by Shri Modi and conducted a free and fair investigation that was not to the liking of Shri Modi. An offence was registered vide Ahmedabad City Naranpura Police Station CR No. 647/03 u/s 409, 420, 34, 114, 120B IPC against Ms. Mallika Sarabhai, which pertains to the danseuse’s plan to take a troop to USA and South America and the allegation was that she was using her organization to take people illegally to USA. It is pertinent to note here that Ms. Sarabhai was a Petitioner before the Hon’ble Court against the Chief Minister and others with regard to the post-Godhra communal riots in Gujarat during 2002. The CID (Crime) took over the case on 20.9.2004. However, investigation by the State CID (Crime) revealed that no offence was made out. Despite this, Shri Amit Shah, the then MOS (Home) was bringing pressure on CID (Crime) to arrest and charge-sheet Ms. Sarabhai. However, Shri Kuldip Sharma, as per the evidence, directed the closure of the case. By this action of Shri Kuldip Sharma, not only was Shri Amit Shah resentful, but even Shri Narendra Modi too expressed his displeasure about it later on when Shri Kuldip Sharma had an occasion to meet him in person on 18.8.2006.
11. That yet another serious case when Shri Kuldip Sharma was up in arms, against the personal interests of Shri Modi and Shri Amit Shah, was an inquiry in which allegations were made that Amit Shah, had received an amount of Rs. 2.5 crores through an intermediary Shri Girish Dani, in the matter of a case about a fraud in Madhavpura Mercantile Co-operative Bank Limited, Ahmedabad. Shri Ketan Parikh was accused in this offence, registered vide Ahmedabad City Madhavpura Police Station CR No. 66/2001 u/s 120 (B), 405, 406, 408, 409, 420 of IPC and section 35 of Banking Regulations Act, 1949. The investigation was being conducted by the CBI. Since Shri Amit Shah’s name was also associated, Shri Kuldip Sharma felt that it was also necessary in the interest of Shri Amit Shah, that a proper inquiry be conducted to clear his name, if he were not involved and therefore recommended that since the original investigation pertaining to Shri Ketan Parikh was done by CBI, the application leveling charges against him also be sent to CBI for further necessary investigation. Therefore, a letter was addressed to the Chief Secretary to bring the above facts to the notice of the Chief Minister. Meanwhile, Shri Kuldip Sharma had to go to Mussoorie to attend a National Conference on Women
Police. Upon his return, he was informed that the Home Department had transferred Shri Kuldip Sharma from CID (Crime).
12. That another such instance was during the tenure of Shri Kuldip Sharma as ADGP, CID (Crime). One Superintendent of Police, Ms. Nirja Gotru was deputed to supervise cases involving atrocities against women, including those killed or violated during the riots of 2002. During her visit to Panchmahal District, she came across a case wherein, during the fateful period from 28.2.2002 till the 1st week of March, 2002, human skeletons and
bones were discovered by the local SHO. In one case, a total of 17 human skeletons and in another case 6 skeletons had been discovered. The then SHO, on the pretext of determining whether they were human or animal bones, had referred the medical examination of the remains to SSG Hospital, Vadodara for confirmation. The SP Ms. Gotru discovered the medical exam results had been received at the relevant time in 2002 confirming that these were human bone and yet no offence had been registered. The SP, Vadodara (Rural), was officiating as SP of Panchmahal District at this time. He and Ms. Gotru both brought to the notice of the then DGP, mentioning that an offence needs to be registered.
Since Shri Amit Shah and Shri Narendra Modi were also made aware of the incident, there was reluctance at the Police Head Quarters to proceed in the matter as per law. The SP, Ms. Nirja Gotru as well as in-charge SP Panchmahal brought to the notice of Shri Kuldip Sharma that there is reluctance in registering an offence. In his capacity as ADGP, CID (Crime), Shri Kuldip Sharma directed that the offence be registered conveying that he will take the responsibility regarding the same. Subsequently, telephonically, he informed the DGP that an offence will have to be registered and that he had given instructions to lodge the complaint. The offence came to be registered as Kalol Police Station CR No. 222/03 on 17.12.2003 u/s IPC 143, 147, 148, 149, 302, 201, 155 (A) more than one and a half year after the gruesome incident. Later investigation of this offence had resulted in arrest of people considered important to the organization with which the Chief Minister had political connection.
13. That in another incident an offence was registered vide Himmatnagar Town Police Station Crime Register No. 336/2001 was pending investigation with the State CID (Crime & Railways). In brief, it pertained to opening of an account in a bank with the help of Shri Jayesh Joshi
under a false name and then siphoning off huge amounts of money. It transpired during the course of investigation that one Shri Jayesh Joshi introduced the person who opened the bank account. Thus, this individual had committed a fraud with the bank by introducing the person under a different name. Shri Kuldip Sharma had received a call from Shri Amrut Patel from the Chief Minister’s office suggesting that Shri Jayesh Joshi was innocent and he had known Shri Narendra Modi, Chief Minister since their younger days for the last many years. Upon investigation, Shri Jayesh Joshi’s culpability was clear. Shri Kuldip Sharma had accordingly called up Shri Patel in the Chief Minister’s office and requested him to convey to the Chief Minister that his information about Shri Jayesh Joshi being innocent was false. The said individual was arrested on 14.2.2004.
14. That Shri Modi in complete violation of the prevailing rules, tried to jeopardize the carrier of Shri Kuldip Sharma. In the State of Gujarat, ACRs of officers of the rank of ADGP are Reported upon by the DGP, Reviewed by the Chief Secretary and Accepted by the Chief Minister. Further in the case of officers of the rank of IGP and ADGP, two ACRs have been initiated, one by the DGP and another one by the ACS (Home). There is a
time bound frame work within which the Reporting, Reviewing and Accepting Authorities have to complete the remarks they have to enter into ACR. There is also a mandatory statutory direction of the Department of Personnel & Training, Govt. of India that no ACR should be entered upon after 31st December of the previous
calendar year if the same has not done before that date. It may be noted that the Chief Minister in brazen and direct violation of the statutory rule as also administrative instruction of the DoPT entered his remarks of four years ACRs altogether on 20.12.2007 as per his own admission, i.e. for the years 2003-2004, 2004-2005, 2005-2006 and 2006-2007, downgraded from “Outstanding” to “Very Good” without assigning any reasons. He also deliberately did not put a date. However for the reasons given above wherein Shri Kuldip Sharma did not agree to illegal instructions of the Chief Minister and the MOS (Home), the Chief Minister downgraded the ACRs with the malafide intention of denying him promotion to the next higher rank as at least three outstanding ACRs are required out of last 10 years to qualify for the next promotion. The Chief Minister similarly downgraded subsequent ACR for the year 2007-2008 from “Outstanding” to “Very Good”. The stand of Shri
Kuldip Sharma has been vindicated by the order of the Central Administrative Tribunal in OA No. 49 of 2010 wherein the action of Shri Narendra Modi have been held to be arbitrary and illegal. A copy of the order dated 07.04.2011 passed in OA. No. 49 of 2010 is annexed herewith and marked as ANNEXURE P-2. [Page Nos. 77 – 130]
PETITIONER’s KNOWLEDGE ABOUT SHRI NARENDRA MODI AND MS MANSI SONI.
15. That two years after the earth quake in the entire district of Bhuj in 2001, the Petitioner assumed charge as the District Magistrate and Collector of Kutch on 28.05.2003. As part of the rehabilitation of the traders of the area, the Petitioner in his official capacity allotted land under the State Government policy. In 2005, in the capacity of District Collector of Kutch, the Petitioner commissioned a series of projects toward the beautification of Bhuj city and overall development of Kutch district. A site was selected developing a hill garden, for which Ms. Mansi Soni was the Landscape Architect.
16. That the Chief Minister, Shri Narendra Modi, visited Kachchh to inaugurate the hill garden project upon its completion, and was at this time introduced to Ms. Soni. Shri Modi invited Ms. Soni to email any other suggestions
she might have, giving Ms. Soni his personal email address. Ms. Soni subsequently wrote to Shri Modi thanking him for the visit to hill garden. A series of emails was exchanged until Sharad Utsav in October 2005. Ms. Soni communicated to the Petitioner her decision to return to Bangalore as well as shared her ongoing interaction with the Chief Minister.
17. That at this time, Ms. Soni had approached the Collectorate to participate in the event and had been assigned a role of organizing reception of guests; she was provided the appropriate monetary fees in exchange for her services. Concurrently, Shri Modi and Ms. Soni had begun to exchange text messages (SMS), which she communicated to the Petitioner. She further mentioned that she was planning to meet the Chief Minister. Skeptical of her claims, and under the impression that Ms. Soni was prevaricating to embellish her stature, the Petitioner suggested to Ms. Soni that she contact the Chief Minister’s security in this regard.
18. That the following morning at the site of Sharad Utsav at approximately 7:00 AM, the Petitioner was in the presence of Shri Modi when Ms. Soni arrived and the conversation between them assured the Petitioner that Shri Modi and Ms. Mansi Soni were in fact exchanging
personal text messages, e-mails, and/or direct conversations. Subsequently, Ms. Soni further revealed to the Petitioner that when she called Shri Modi in his office, he would freely interrupt scheduled meetings, walking out of his office on senior officials in order to speak to her privately. Ms. Soni communicated that she was pleased with the extent and promptness of attention she received from Shri Modi.
19. That during the second week of March 2006, at approximately 5:00 PM, Ms. Soni called the Petitioner and conveyed that she had just landed in Ahmedabad city and was planning to visit Bhuj. Shortly thereafter, when the Petitioner attempted to telephone her, Ms. Soni’s cell phone was switched off and remained so for the next two days. Two days later, at approximately 11:00 AM, Ms. Soni called the Petitioner and conveyed that she was at the residence of Shri Modi, and had spent the duration of the previous two days at his residence. Subsequently, she met the Petitioner in Bhuj and described in detail her stay with Shri Modi. She narrated that when she landed at the Ahmedabad airport, she was received by Shri O. P. Singh, Shri Modi’s deputy, and was escorted in a vehicle to the Chief Minister’s residence. She was advised to switch off her cell phone
and entered the Chief Minister’s residence through rear door. She was taken to first floor and given a room across the Chief Minister’s bedroom.
20. That Ms. Mansi Soni also informed that the next day of her stay at Shri Modi’s residence was the festival of Holi, many people including Anandiben Patel visited Shri Modi for the festival and played with colour. Shri Modi attended to them briefly and returned to his quarters. In the meantime, Ms. Soni had developed a fever and requested a physician, but Shri Modi conveyed that calling a physician was impossible, given the peculiarity of their situation. According to Ms. Soni, Shri Modi spoke about the philosophy and insisted she listen to the story of his life. The following morning she left for Vadodara in a car sent for by Shri Modi.
21. That on 05.11.2007 pursuant to an order of the Ld. Chief Judicial Magistrate directed investigation under Section 156(3) of the Cr.P.C. to be conducted by C.I.D. (Crime), Rajkot Zone. A First Information Report being F.I.R. No.01/2008 (M. Case No.1/2008) was registered under Section 200, 203, 217, 465, 466, 467, 468, 471, 472, 474, 457, 484 and 120-B of the Indian Penal Code. The Petitioner is not named as an accused in the First Information Report. The said FIR pertains to allotment of
land to certain wholesale grain merchants of Bhuj who had lost their shops when the existing market in the old city was destroyed beyond repair in the 2001 earthquake. The said FIR alleges that certain members of the wholesale grain merchants’ association were ineligible to be allotted the shops and yet got away with allotments by producing forged/false certificates issued in the name of third persons; however, not a single forged certificate A copy of the FIR No. 1/2008 is annexed herewith and marked as ANNEXURE P-3. [Page Nos. 131 – 146]
22. That in November 2008, while the Petitioner was posted as Municipal Commissioner, Bhavnagar, Ms. Soni contacted the Petitioner to inform him that Shri Modi had asked her to do a project on Alang Shipyard for which she would like to come to Bhavnagar. She came to Bhavnagar and during that time, the Petitioner found that she was constantly in touch with Shri Modi, who was abroad and probably in South Africa at the time. She also conveyed to the Petitioner that Shri Modi asked her about the Petitioner’s office routine and habits, and whether the Petitioner knew about the relationship they shared. In one conversation, Ms. Soni showed the Petitioner a text message that the Chief Minister had sent to her from abroad. The Petitioner made a note of the cell phone
number from which it had originated. This number was 9909923400.
23. That the Petitioner submits that there exists in the State of Gujarat a general impression amongst civil servants, top industrialists and senior leaders of political parties that an unprecedented degree of illegal telephone interceptions is being conducted in the upper echelons of the State Government. This may be why nearly everyone keeps in addition to an official or known mobile number one or more alternate cell phones. The Petitioner had two cell phones, with Nos. 99251 99799 and 98240 01729. On one of these, the Petitioner saved the cell phone number from which Shri Modi had sent a text message to Ms. Soni. The Petitioner further submits that he once accidentally dialed Shri Modi’s number, thinking that he was calling someone else. When there was no reply on Shri Modi’s phone, the Petitioner realized his mistake and disconnected. The Petitioner submits his strong belief that Shri Modi must have found out the address of the holder of the SIM card from which the call to his personal number had originated, and placed it under observation either with the help of State CID (Intelligence) or illegal phone tapping methods involving the electronic equipment through unauthorized collaboration. Shri Modi
could then have found out that Ms. Soni was speaking to the Petitioner often over the phone.
24. That the Petitioner received an anonymous letter around this time conveying that a video of sexual activity between Ms. Soni and one person was available on an internet website, and the letter advised the Petitioner to desist from contacting Ms. Soni, as her character and actions were not befitting of her company with Gujarat State officials. The veracity of the letter’s allegations was subsequently established since the Petitioner did indeed come across such a video clipping. Ms. Soni’s previous contact with the Petitioner, in conjunction with Ms. Soni’s indiscretions, came to be discussed by the Petitioner on both of his two phones mentioned above. It now appears to the Petitioner that Shri Modi started believing that the videos involving Ms. Soni perhaps included Shri Modi himself.
25. That on 06.01.2010 the Petitioner was illegally picked up by the police from his house at about 5.30 a.m. in connection with FIR No.1/2008. It is submitted that appropriate state authorities had neither issued any show-cause nor sought any explanation from him, nor was he even summoned by CID (Crime) in the said case
and suddenly on 06.01.2010 morning he was illegally arrested.
26. That on 31.03.2010 second FIR being I-CR No.3/2010 was registered against the Petitioner for the offences under sections 7, 11, 13(1)(b) and 13(2) of the Prevention of Corruption Act at State CID (Crime) Rajkot Police Station. The allegation pertains to the use of two mobile telephones by the Petitioner belonging to third parties. It is pertinent to note that neither the cellular telephones nor the SIM cards have been recovered from the Petitioner in the said case. The Petitioner is a Senior IAS Officer who was entitled to official telephones from the Government for making even personal phone calls within reasonable limits. In the said matter, the Petitioner is currently protected after an interim order granting anticipatory bail was passed by the Hon’ble High Court of Gujarat. A copy of the FIR being I-CR No.3/2010 dated 31.03.2010 is being annexed herewith and marked as ANNEXURE-P4. [Page Nos. 147 – 151]
27. That on 25.09.2010 the same Investigating Agency registered a third FIR vide I-CR No.9/2010 State CID Crime, Rajkot Zone Police Station under sections 217, 409, 465, 467, 468, 471, 120-B etc. of IPC against the Petitioner and others. This case pertains to allotment of
land to Welspun, a known public limited company. The allotments to Welspun and other eligible business entities were made at the time when it was a declared state government policy to allot land to industrial houses willing to set up industrial units especially within the a Special Economic Zones (SEZ) with incentives that included tax holiday, the policy aim being rapid reconstruction and industrial development of Kachchh that had historically been a less-developed, remote region of the state and, in addition, had suffered catastrophic damage during the 2001 earthquake. A copy of the said FIR being I-CR No.9/2010 is being annexed herewith and marked as ANNEXURE-P5. [Page Nos. 152 – 162]
28. That on 11.12.2010 the Petitioner addressed a letter to Shri K.P. Gajipara, the investigating officer of the I-Cr No.09/2010 disclosing the facts about the circumstances under which and on the instructions of the Chief Minister Shri Narendra Modi himself that the allotments were made to the Welspun. A copy of the said letter dated 11.12.2010, addressed to Shri K.P. Gajipara, the investigating officer is being annexed herewith and marked as ANNEXURE-P6. [Page Nos. 162 – 174]
29. That on 19.01.2011, the Petitioner addressed a communication to the Chief Secretary, Govt. of Gujarat,
stating that, in view of the specific allegations against the Chief Minister, the investigation may be transferred to the CBI. A copy of said letter dated 19.01.11 addressed to the Chief Secretary, Govt. of Gujarat is being annexed herewith and marked as ANNEXURE-P7. [Page Nos. 175 – 180]
30. That when the Petitioner was in Delhi on his way to Bhuj, he was arrested on 14.2.2011 by the State CID (Crime) in FIR No. 9 of 2010. Thereafter on 22.2.2011 the State CID (Crime) registered a fourth case being CID Crime No. 1 of 2011 under section 409, 217, 120 B IPC which is regarding allotment of land in Mundra Taluka of Kachchh District. FIR was registered on 22.02.2011 as Rajkot Zone, CID Crime No.1/2011 under Sections 409, 217, 120B of the IPC. Like in the previous case, there are similar allegations of allotment of land by the Petitioner to one Saw Pipes Ltd. in Mundra in excess of his powers and without obtaining requisite approval. In this FIR also, wrongly characterized lapses if any, on part of the lower functionaries, have been sought to be imposed on the Petitioner. A copy of the said FIR being CID Crime No. 1 of 2011, is being annexed here with and marked as ANNEXURE: P8. [Page Nos. 181 – 190] While the Petitioner was in judicial custody in connection with FIR
No. 9 of 2010, he was taken on transfer warrant and arrested in connection with FIR No. 1 of 2011 on 03.03.2011.
31. That the aforesaid facts and circumstances would go to show that the Petitioner is a victim of the personal vendetta of Shri Narendra Modi and there is remote chance of the investigation being conducted in a fair and transparent manner since the Petitioner feels that the cases have been lodged at the behest of Shri Modi. In this backdrop of circumstances the Petitioner seeks the indulgence of this Hon’ble Court to transfer the cases to an independently investigative agency, CBI.
32. That the present petition is preferred amongst others on the following grounds:
GROUNDS
a. Because there is a reasonable apprehension on the part of the Petitioner in view of the circumstances narrated in the petition that justice will not be done. It is submitted that a Petitioner is not required to demonstrate that justice will inevitably fail. The circumstances very clearly demonstrate that apprehension is reasonable and there is all likelihood that the Petitioner will be embroiled in rigmarole of false charges and inquiries.
b. Because the brother of the Petitioner has refused to buckle down under the pressure of those in power and invited the wrath of the Shri Narendra Modi and the Petitioner is also being targeted so as to create circumstances wherein Shri Kuldip Sharma breaks down. It is submitted that this is a case where the Petitioner has reasonable apprehension that justice will not be done.
c. Because assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider before transferring a case to an independent investigative agency. In the present case since the cases have been registered at the behest of those in power and the State machinery is being used to settle personal vendetta, the Petitioner will never be assured of a fair investigation at the hands of State machinery.
d. Because the confidence of the Petitioner in the fairness of a trial is seriously undermined since the State investigative machinery takes instructions from those at whose behest the false cases and charges have been leveled against the Petitioner.
e. Because the apprehension of not getting a fair and impartial inquiry or trial is not imaginary, based upon
conjectures and surmises but is reasonable. It is submitted that Shri Narendra Modi is aware that the Petitioner has knowledge of his secret liaisons with Ms. Mansi Soni and if the same comes to public knowledge it would seriously hamper his political aspirations. Thus it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias.
f. Because all these FIRs and complaints against the Petitioner which have been made ostensibly for alleged acts of the Petitioner long before 2008 are solely for the purpose of the personal vendetta of the respondent No.1 against the Petitioner herein for the suspicion that the Petitioner is having direct knowledge of the personal life of Shri Narendra Modi which has, till date, been hidden from the public. It is respectfully submitted that for the same reason there has been a sudden spurt of cases/complaints being filed against the Petitioner’s brother also who is an IPS Officer and against whom till about the same time there was no complaint.
g. Because, the present case discloses a situation where it cannot be expected of either the CID Crime Branch or any other State investigating agency to arrive at, or conduct an impartial investigation, because the Chief Minister of the State is personally hell-bent in having the
investigation carrying out in a manner that suits him and suits his ends of destroying the Petitioner’s credibility as well as his professional career. It is respectfully submitted that the facts and circumstances of the present case fall within the rarest of the rare cases, where it can be safely presumed that the Petitioner will not get any justice within the State of Gujarat and therefore, the entire investigation and/or the trial if so required deserves to be shifted out of the State of Gujarat, the failure so to do would result in the gravest travesty of justice.
h. Because the accusations leveled in the present Petition which are substantiated in the “Grounds” unequivocally point towards menace in law and in fact of the respondent State led by the Chief Minister. Given the nature of the controversies, it is impossible to hold otherwise that after the investigation of the F.I.R.s in question against the Petitioner are allowed to be conducted by either the State Police or even the CID Crime of the Gujarat State, it is impossible that an impartial investigation would result therein inasmuch as the Supreme Commander of the investigating agencies and the State Police is personally or directly interested in the outcome of the investigations which are more in the
nature of witch-hunt launched against the present Writ Petitioner.
i. Thus, when cogent allegations have been made against high officials and the Chief Minister of the State in his personal capacity, this Hon’ble Court, following the decision in Rubabuddin’s case, reported in (2010) 2 SCC 200, ought to hand over the investigation of the four F.I.R.s referred to in this petition, to the CBI since the allegations leveled against Shri Modi are not based upon conjectures and surmises but upon substantial facts which led to reasonable apprehension that the investigative machinery is bound to be prejudiced and biased.
j. Because it is respectfully submitted the facts of the FIR itself will reveal that (1) the FIR is misconceived, (2) a matter specific to revenue has been inexplicably converted into a criminal case, and (3) the registration of the FIR is motivated by malice at the behest of the Chief Minister, Shri Narendra Modi, for the aforementioned reasons.
k. Because the Petitioner’s brother, currently the senior-most IPS Officer in the State Government, has also become a victim of the wrath of the Chief Minister and he has also been sought to be arrested and prosecuted. The
Annual Confidential Reports of the Petitioner's brother have been illegally downgraded from 'outstanding' to 'very good' at the behest of the Chief Minister for which the Petitioner's brother has filed an application before the Central Administrative Tribunal (CAT) and the stand of the Petitioner stands vindicated by the findings arrived at by this CAT wherein the actions of Shri Narendra Modi have been held to be arbitrary and illegal.
l. Because the Petitioner’s fundamental right to liberty has been repeatedly and comprehensively violated time and again, without the due process of law, by the persecution launched against the Petitioner and his family, by the most powerful man in the recent history of the State.
m. Because the Petitioner is in judicial custody since 06.01.2010 except for a few months between September 2010 and January 2011, during which time he was on bail and charge-sheet has already been filed. There are about 400 witnesses cited in the charge-sheet and further investigation is still going on with respect to other accused persons. The charge for offence under the Prevention of Corruption Act has been dropped and all other offences are triable by Magistrate. The Petitioner has been an outstanding Administrative Officer with unblemished career in the past 30 years since
15.01.1981 when he joined the Services as probationer. His arrest is actuated with malice in law as well as malice in fact.
n. Because in an appropriate case, particularly when the Court feels that the investigation by the State police authorities is not in the proper direction as the high police officials are involved, in order to do complete justice, it is always open to the Court to hand over the investigation to an independent and specialized agency like the CBI.
33. Because of paucity of time the present petition has been filed in a great hurry and thus the Petitioner seeks leave of this Hon’ble Court to place on record additional documents and also for adding facts and grounds in the present petition.
34. That the Petitioner has not filed any other petition before this Hon’ble Court or any other court for the same purpose.
PRAYER
In view of the submissions made hereinabove, the Petitioner most respectfully prays that this Hon’ble Court may graciously be pleased to:
A) an appropriate writ of madamus or any other appropriate writ order or direction to the respondents herein allowing
the present petition and directing the transfer of the following four cases from the State CID to the CBI
:-(i) M. Case no. 1/2008: registered on dated 20.2.2008 with the CID (Crime) Rajkot zone,
(ii) CASE NO. 3/2010 registered with CID (CRIME) Rajkot Zone,
(iii) CASE NO. 9/2010 registered with CID (CRIME) Rajkot Zone
(iv) CID (Crime) Rajkot Zone No. 1/2011 Offence registered under section 217, 409, 120(B) of IPC;
C). Pass any other order as this Hon’ble Court may deem fit and appropriate in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS YOUR HUMBLE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.
DRAWN & FILED BY
(SUNIL FERNANDES)
Advocate for the Petitioner NEW DELHI
DRAWN ON: 21.04.2011 FILED ON: 26.04.2011
ANNEXURE P-1 SURAT URBAN DEVELOMENT AUTHORITY
N. Bijlani, IAS Multistoreyed Building Chairman ‘A’ block, 5th Floor
Nanpur, SURAT 395001 D.O. No. SUDA/Election/5807 Dt 21.03.1985 My dear Pradip Sharma
As an observer of the Election Commission of India I had an opportunity to visit the 164-vyara (S.T.) Assembly Constituency (for which you were appointed as Returning Officer) and to see the arrangements made for conduct of poll as also for counting of votes. In this regard I would like to keep on record my appreciations of the excellent arrangements made by you for conduct poll and for continuing of votes in accordance with instructions and guidelines of the election commission of India. This was mainly due to the interest and care taken by you personally at all stages.
I hope you will endeavour to keep up the level of performance in your future career.
With best wishes.
Yours Sincerely N.M. Bijlani Shri Pradip Sharma
Prant Officer
Vyara, Taluka: vyara District: Surat
cc. collector, surat for information.
From: P. N. Roychowdhary No. SSS/Target/ 84-85 Office of the Collector Nanpura, Surat Collector and
District Magistrate Dt. 22.04. 1985 Surat
Dear Shri Sharma
I take great pleasure in placing on record my appreciation of the excellent work you have done during the crash drive for net small savings collection by the end of March 1985. I am happy to inform you that due to your all out efforts our district has been able to collect Rs. 28.36 crores. Although we could not achieve the target of Rs. 32.20 crores, none the less fact that we had collected such a huge amount inspite of two general elections have been conducted during the period indicates the tremendous efforts you and your staff have made.
Accept my congratulations and please convey my congratulations to your staff also.
Yours sincerely (P.N. Roychowudhury) To
Shri Pradeep Sharma Dy. Collector, Vyara Prant Vyara
V.R.S Cowlagi, I.A.S Secretary to Government
D.O. No. CRO/LORS/34/3883/88
May 5, 1988 Dear Shri Pradip Sharma
1. I write to convey my appreciation for excellent work done by you in various programmes relating to rural development. I find that you have exceeded the target in two or more programmes under implementation in your district.
2. This has been possible due to very competent planning, hard work and the inspiration you have provided to all the functionaries working under your charge.
3. Please accept my good wishes on this account for continued success of your efforts in the coming year also.
Yours Sincerely
(VRS Cowlagi) Sri Pradip Sharma
Director,
District Rural Development Agency.
BAIF
BAIF DEVELOPMENT RESEARCH FOUNDATION, KAMDHENU
SENAPATI BAPAT MARG, PUNE- 411016 INDIA
TELE: 52621, TELEX: 0145-283 GRAM: BATFON
REF NO BARF/89/T2 DATE 18th May, 1989
Dear Mr . Pradeep Sharma,
This is to appreciate with sense of gratitude your valuable co-operation and administrative support to BAIF in executing Socio-economic Rehabilitation programme of Tribals in Vansda and Dharampur talukas of Valsad District. The Government of India channalises development funds to district rural development agencies in India through the Department of Rural Development, New Delhi. Under this system the programme of the rural poor can be successful only if the DRDA comes forward whole heartedly with co-operation and support to the operating agency, such as BAIF. As a project Director of Valsad, DRDA your spontaneous co-operation has proved to be most valuable. I can say you have set a good example how a committed administrator can play the key role in development programme specially designed for the upliftment of the rural poor in India.
Young, enthusiastic, committed and qualified administrator like you should try to join training programmes which are conducted outside India to get wider vision, exposure
