New Delhi, Dec 30: BJP President Amit Shah has for several years now been hounded over a series of cases filed against him alleging involvement in so called "fake encounters" carried out by the Gujarat Police during his term as Minister of State for Home in Gujarat.
Today the designated CBI Court in Mumbai looking into the Fake Encounter cases examined a Discharge Petition filed by Amit Shah seeking that the case against him be dropped due to lack of sufficient evidence worthy of a Trial.
In a series of tweets earlier today Anirban Roy a Lawyer active on Social Media explained the significance of a Discharge Petition and its relevance at this stage of the legal proceedings against Amit Shah.
Discharge Application is moved by Accused after ChargeSheet where it is argued that materials on record in ChargeSheet do not warrant Trial
in DischargeApplication its argued that even if case goes for Trial & allegations are proved, no offence would be borne out.
In a Discharge Application it is argued that even if allegations in ChargeSheet are taken at face value, they do not bear out any offence.
The honorable Court finally gave its Orders today on the Discharge Application having examined the materials on record in the chargesheet and the allegations to finally order his discharge.
The hounding of Amit Shah over the years is a case in study on both how the CBI can be selectively misused as well as on how Police Encounters can get Politicized to distract from the actual process of Justice for the victims while pursuing all sorts of conspiracy theories.
The manner in which the Sonia Gandhi led Congress and the then UPA Government used the CBI as an instrument of political vendetta to bait Amit Shah and by extension to trip Narendra Modi needs to be examined threadbare in the days to come.
Kartikeya Tanna writing for Niti Central in February of 2014 on the "Hounding of Amit Shah" had this to say
After several months of endless maligning through innuendos, selective leaks and sensational reportage, particularly the umpteen references to "black beard and white beard", CBI has had to finally succumb to the fact that it simply has no case against Gujarat's former Minister of State for Home and Narendra Modi's key aide Amit Shah in the Ishrat Jahan encounter case. In its second chargesheet filed on Thursday, CBI has not been able to implicate Amit Shah even indirectly.
Kartikeya further went on to write that:
That the CBI was playing vicious games at the behest of its political masters was a fact that eluded many in the media and the commentariat. If CBI could dilute cases against its own masters, the obvious fact that it could easily exaggerate against rivals of its masters missed many an expert. Denials, however strong, from Narendra Modi and the BJP fell on deaf ears as the temptation to latch on to the propaganda of the ‘secular' herd was just too strong.
Pointing out how the Supreme Court was critical of the CBI's actions against Amit Shah, Kartikeya highlights:
The Supreme Court also held that the CBI's act of filing the second FIR and fresh chargesheet was unconstitutional as it violated Amit Shah's fundamental rights under Articles 14, 20 and 21 of the Constitution.
To conclude the politics behind it and the need to reform CBI
the rather clear motive with which the CBI has tried to hound Amit Shah simply in order to somehow drag Narendra Modi into the realm of danger underscores the importance of making it completely independent of the Executive.
The politics behind baiting Amit Shah with these cases can be clearly seen in the manner by which he was attacked in July upon being made the BJP President.
Kartikeya Tanna writing in July of 2014 in response to those political attacks had this to say:
BJP's newly appointed president Amit Shah has been in the eye of the storm ever since current Prime Minister Narendra Modi initiated the process of staking a claim for the top post a few years ago. That Shah is known to be one of Modi's most trusted lieutenants - their association runs back decades - is widely known.
Modi's rivals have, therefore, understandably tried to corner Shah in some way or the other pretty much since 2010. Be it the encounters that happened in Gujarat in the earlier years of Modi's tenure as CM, the Snoopgate issue or twisting the context of the word ‘revenge' when used to explain voters' rights in any democracy - Shah has been under the scanner of the entire nexus that would love to see Modi's back.
Singling one particular Journalist who was the conduit for motivated leaks from the UPA era CBI and others, Kartikeya had this to say:
Recently, in a rather poor column by Rana Ayyub (which was taken down later), Shah was blamed for transfer of CBI court judge in Mumbai hearing his trial in the Sohrabuddin case!
The pattern is simple - since Modi is difficult to pin down, try Shah.
Kartikeya also highlights the clear method to the media madness in the targeting of Amit Shah
The pattern of dragging Amit Shah in every controversy without application of mind has also been witnessed in the recent brouhaha over UU Lalit's elevation. Several reports - both in papers and TV channels - pointed out how Lalit has been Shah's counsel in the fake encounter cases.
Those reports could not be more wrong. There is no record of Lalit appearing for Shah in any of the fake encounter cases before the Supreme Court. All along, it has either been Ram Jethmalani or Mahesh Jethmalani. This has been confirmed in the Times of India report that Shah was never represented by Lalit.
The correct way to understand this multi-year vendetta by the Media-LeftistNGOs-Congress complex against Amit Shah is brilliantly summed up by Kartikeya in his column back in July.
To be sure, such convenient connection of dots for creating a sensation is not going to stop anytime soon given the high stakes of the Modi-Shah partnership. With each gaffe in such reports, however, the untruth is being unmasked.
It is indeed "untruth" that was unmasked today while Justice was served with the Court Orders discharging Amit Shah in the fake encounter cases.