Delhi Court :what was the motive of creating alleged fabricated CD case of Mr. Shanti Bhushan

The Court of CMM, Tis Hazari today (i.e. 25.01.2012) rejected the closure report filed by Delhi Police in the alleged fabricated CD case of Mr. Shanti Bhushan and directed the Delhi Police to do further investigation as the Court found that many issues have not been investigated by the Delhi Police at all. To quote from the order:

·         It isfurther not clear as to why investigating agency did not conduct any investigation towards knowing the source from where the said CD was prepared. This is not the case of investigating agency that the said CD came from a thin air.

·         The least which was expected from the investigating agency was to have probed as to around which time this CD was prepared.

·         Why the voice samples of ShriMulayam Singh Yadav, Shri Amar Singh and Complainant were not taken for comparing their voices with the voices appearing in the CD.

·         Why the statement of ShriVirendraDutta, the then Advocate General of UP who is stated to be present at the time of the said conversation at the residence of Shri Amar Singh was not recorded.

·         From the entire gamut of facts as argued before this Court, this Court fails to understand as to what prompted the investigating agency to limit its investigation in the matter to the ingredients of section 469 IPC….

·         At this stage this Court find some substance in the argument of Shri V.K. Ohri, ld. Counsel for the Complainant, that based upon the facts that couple of sentences in the alleged conversation were verbatim copied from an earlier recorded conversation of the year 2006 between ShriMulayam Singh Yadavand Shri Amar Singh……

·         There is another disturbing feature which needs mention here is as to why the investigating officers rather than conducting through investigation in the matter rush to the prosecution for opinion to file cancellation report in the matter, knowing fully well that the matter was investigated only in a limited fashion.

·         The prosecuting agency clearly failed to investigate what was the motive of creating such a CD. Was it to malign the complainant and in turn thwart the “Civil Society movement” on “Lokpal Bill” , which he had undertaken or was it a ploy to make the Hon’ble Supreme Court Judge to recuse himself from the Bench, which was hearing 2G spectrum case…

·         Here the investigation has been based merely on the opinion of the experts and no investigation on factual aspects has been conducted.

·         In view of the above discussion this Court is of the firm opinion that the investigation in the matter has not been conducted properly.”

Some additional facts which show that a fair and independent investigation has not been done by the Delhi Police are as follows:

·         The fact that the CD is totally fabricated had already become apparent from the forensic reports of CFSL, Chandigarh, Truth Lab Hyderabad and Mr. George Papcun of Sound Evidence, USA. The CFSL, Chandigarh in its report (obtained under the RTI) to Delhi Police categorically stated that the CD is not original and is a post-production edited version. The reports of Truth Lab and Mr. George Papcun gave finding that the speeches of Maulayam Singh and Amar Singh have been bodily lifted from Amar Singh’s CD of 2006 which was filed in the Supreme Court.

·         The Delhi Police completely ignored the aforementioned three reports.It closed the investigation on the basis of two completely perverse reports procured by it from CFSL, CBI, Delhi and Indian Computer Emergency Response Team, (ICERT) Delhi, which is not even competent to do such forensic examination.For any forensic lab to arrive at such a conclusion was almost impossible when it had already been discovered that some parts of the conversation are bodily lifted from an earlier conversation between Shri Amar Singh and ShriMulayam Singh Yadav, which conversation is part of a CD which has already been filed before this Hon’ble Court since 2006 and is part of the Court record in the Amar Singh Tapes case.

·         Though the complaint was lodged on 14/04/2011 (around 12:30 pm) before Delhi Police but the Police till the evening of 17^th April, 2011 could not manage to get the copy of the CD despite the fact that it was circulating freely among all sections of the media.

·         It is only after the press conference which was held by Mr. PrashantBhushanin the evening of 17/04/2011 one constable came around 8:15 pm in the night and collected the CD from Mr. Bhushan’s office. Mr. Bhushan along with the CD in dispute also gave another CD containing relevant extracts of Amar Singh’s CD of 2006 as well as the aforementioned two reports. However, the Police denied before the Court of receiving any such report from Bhushans even though the constable had signed a receipt also.

·         The Delhi Police leaked the report of the CSL, Delhi to media promptly but suppressed the report of the CFSL, Chandigarh. Several letters were written to the IO, the Commissioner of Police and the Union Home Minister to know about the findings of the CFSL, Chandigarh report but the same was denied to him on the ground that it would hamper the ongoing investigation. In fact, on 04/05/2011, the Addl. DCP, Mr. Rao, the IO in the present case, denied of receiving any such report though as per the media report the CFSL report was already submitted to the Special Cell, Delhi Police by that time.

·         The Delhi Police did not send Mr. Amar Singh’s CD of 2006 to any of the forensic laboratories.

·         The Delhi Police did not examine the experts of CFSL, Chandigarh and Truth Lab.

In view of the above facts can one expect a genuine and fair investigation from the same agency which has so far done a completely dishonest investigation apparently under political pressure?