New Delhi :- In a crucial development, the Chairman of All India SC, ST and Minority Lawyers’ Association has written to Delhi Police Commissioner to invoke the provisions of section 173 (8) of Cr.P.C. in the chargesheet filed in Kanhaiyya Kumar’s case and to add Adv. Fali Nariman and Justice (Retd.) Deepak Gupta as co-accused as per section 120 (B) of I.P.C. as the speech delivered by them is also a part of offence as per section 10 of Evidence Act.
The background of the case is that in 2016, some anti-national elements of JNU had raised following slogans against Indian Army, Police and in support of Pakistan.
*Bharat ki barbadi tak Jung Rahegi, Jung Rahegi
Indian Army Murdabad
Bharat tere tukdae honge Insha Allah Insha Allah.
Bandook ki dum pe lenge Aazadi.”*
The Delhi Police had registered a case of sedition against the wrong doers under section 124-A and 120(B) of Indian Penal Code and the whole nation had stood up in support of Indian Army.
Then, in order to support the act of raising anti-national slogans and demoralize Indian Army and police, Adv. Fali Nariman authored an article, which was published in Indian Express on 17.02.2016 titled ‘A test of freedom: ‘To be anti-Indian’ is not a criminal offence, and it is definitely not sedition’. Upon publication of this article, Adv. Nilesh Ojha had lodged a complaint with Mumbai Police on 19.02.2016.
Thereafter, on 19.02.2019, another complaint was filed against Adv. Fali Nariman and Mr. P. Chidambaram, by Shri. Rashid Khan Pathan, National Secretary of Human Rights Security Council. This complaint was marked to Hon’ble President of India, Hon’ble Prime Minister of India and several other authorities including the Chairman – Bar Council of India.
The Additional Secretary, Registrar D.C. – Bar Council of India had forwarded the above said complaint to The Secretary – State Bar Council of Delhi for taking appropriate action against Adv. Fali Nariman and Mr. P. Chidambaram. A copy of this letter dated 19.03.2019 was sent to Mr. Rashid Khan Pathan too.
On 20.08.2019, The Delhi High Court denied interim protection from arrest to Mr. P. Chidambaram who had to then fact arrest by the CBI and ED.
On 28.08.2019, an article was published in ‘Dainik Sahasik’ regarding Rashid Khan Pathan’s demand for arrest of Adv. Fali Nariman. The publication of this news sent jitters to the ‘Nariman group’ who immediately approached the then CJI Mr. Ranjan Gogoi and requested him to start the hearing of the case of contempt against Rashid Khan Pathan and others (Suo Motu Contempt Petition (Criminal) No. 2 of 2019 – RE: VIJAY KURLE & ORS).
In fact, the case of Adv. Prashant Bhushan in Suo Moto Contempt is pending since 2010, which, as per the law, should have been heard and decided first. But under the influence of Nariman group, CJI Shri. Ranjan Gogoi listed the matter of year 2019 out-of-turn. Such as out-of-turn hearing is violative of Article 14 of the constitution and CJI is answerable to it. In A.V.Amarnath Vs. The Registrar ILR 1999 KAR 478, it is ruled as under;
“……But it needs to be stressed here that the exercising of the said power by the Chief Justice by deviating from the normal rule based on the regular practice of the Court (See AIR 1974 SC 2269, para 6) or the statutory provisions must stand the test of reason and objectivity since such exercise will be always subject to mandates of Article 14 of the Constitution of India which absolutely prohibits the exercise of powers in a discriminatory, arbitrary or mala-fide manner and always entitle the aggrieved party to seek remedy against the same by approaching the appropriate forum.”
Justice Deepak Gupta was in the Bench constituted to hear the case related with Narimans (Adv. Fali Nariman and Justice Rohinton Nariman).
In fact, Justice Deepak Gupta per se was disqualified to hear the said case as he was co-accused along with Justice Rohinton Nariman and Justice Ranjan Gogoi in the case of lady staffer's harassment case and a written complaint dated 27.05.2019 being case number PRSEC/E/2019/10201 was pending before Hon'ble President of India. But as part of conspiracy he accepted the assignment and misused the Supreme Court machinery for their personal and ulterior purposes.
Thereafter due to mounting pressure from public and media, there was a strong possibility of anti-national Adv. Fali Nariman getting arrested. There was hardly anyone who sympathized and supported Adv. Fali Nariman. At that time, some anti-national gang members persuaded Mr. Deepak Gupta and facilitated the workshop (organised by the Praleen Public Charitable Trust and Lecture Committee in Ahmedabad) conducted on 7th September 2019, where Mr. Deepak Gupta, out of blue, chose to deliver speech on Sedition laws and freedom of speech in India. This was a pernicious attempt to gather support for the views expressed by Adv. Fali Nariman. Mr. Deepak Gupta, by delivering speech on this topic, especially when there was no obvious occasion for choosing the topic of sedition laws, had overtly instigated the public to support Pakistani Army against our Indian Army, police and Government.
It is further interesting to note that the same Judge Deepak Gupta has been found to be involved in committing theft of Supreme Court records in order to save co-accused Adv. Fali Nariman and his son Justice Rohinton Nariman. Also Justice (Retd.) Mr. Deepak Gupta is found to be creating false evidences, disobeying and ignoring the Constitution of India and judgments of constitution benches and Larger benched of the Supreme Court.
This was done by Mr. Deepak Gupta to silence the complainants Shri. Rashid Khan Pathan, Adv. Nilesh Ojha and Adv. Vijay Kurle who were pursuing different case against Adv. Fali Nariman anf Justice Rohinton Nariman.
A Complaint along with documentary proofs like letters by Registrar of Supreme Court and a Sting operation CD is submitted to Hon’ble Chief Justice of India by Shri. Rashid Khan Pathan on 31.05.2020, with a prayer to investigate the 35 charges of serious Criminal offences committed by Justice (Retd.) Deepak Gupta and his syndicate. The Complainant has prayed for registration of F.I.R. under Section 409, 167, 192, 193, 201, 211, 218, 219, 465, 466, 471, 474, r/w 120(B), 34 & 109 of IPC.
The informant has also pointed out for the need to administer Narco Test, Brain Mapping and Lie Detector Test on Justice (Retd.) Deepak Gupta, Adv. Fali Nariman and Adv. Siddharth Luthra, to unearth the complete conspiracy of anti-national elements and their corruption, including the purchase of Benami Properties worth hundreds of crores, from the black money received from ISI and other agencies.
As per section 10 of the Evidence Act and section 120 (B) of IPC, the accused Justice (Retd.) Deepak Gupta and Adv. Fali Nariman are liable to be made co-accused in the main sedition charge sheet.
Since the offence is punishable up to life imprisonment and non-bailable, the accused are liable to be arrested forthwith. As per provisions of section 43 of Cr.P.C., any citizen can arrest them and handover to the police.
Article authored by Adv. Fali Nariman and published in Indian Express on 17.02.2016 is at below link:
https://indianexpress.com/article/opinion/columns/jnu-row-a-test-of-freedom/
https://www.theweek.in/news/india/2019/09/08/criticism-government-judiciary-army-not-sedition-sc-judge-deepak-gupta.html
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