Jessica Lal Murder Case--Failure of our Police Department.

[sejwaldeepak]

Jessica Lal's family dismayed by judgement
February 22, 2006 13:44 IST

Expressing dismay over the acquittal of nine accused of murdering model Jessical Lal, her family members today said the court judgement hardly came as a surprise to them.
"We had given up hope of getting justice some time back," Sabrina, Jessica's sister, said soon after Additional Sessions Judge S L Bhayana acquitted the nine accused in New Delhi as the Delhi Police failed to prove charges against Manu Sharma, son of Haryana Minister Vinod Sharma and main accused in the murder case, and eight others.

Jessica Lal Murder Case

"The judgement has come as a closure of something that was going on for the past seven years. The way this case was progressing, we had given up all hope of getting justice," an emotionally choked Sabrina said.

"You will find that at every stage things had gone against us," she added. Three of the key eyewitnesses - model-turned-actor Shayan Munshi, Karan Rajput and electrician Shiv Lal Yadav - had turned hostile in court after identifying prime accused Manu Sharma before police.

Sabrina also said the family had not decided about its next step in the case. Jessica Lal was shot allegedly by Manu Sharma on April 29, 1999, after she refused to serve him a drink at a south Delhi bar functioning without a licence where she was filling in as a bartender. The bar, Tamarind Court, run by socialite Bina Ramani, has since shut down.

Court pulls up Delhi police in Jessica Lal murder
New Delhi | February 22, 2006 8:40:40 PM IST

A city court has pulled up the police for its failure to prove the case against the accused in the Jessica Lal murder case resulting in their acquittal.
Patiala House Court Additional Sessions Judge (ASJ) S L Bhayana, in his order yesterday said, ''the prosecution did not collect enough evidence and eyewitness to prove its case and a complete chain of evidence was missing, which indeed weakens the side of prosecution.'' Mr Bhayana also said in his order that the evidence which was put forward by key eyewitness Shayan Munshi, who was present at the time of incident had been corroborated by the report of Center for Forensic Science Laboratory (CFSL).

''The police also failed to recover any weapon which has been used by the accused. Had the pistol been recovered, it could have linked him with the commission of crime,'' he added.

''I also agree with the defence counsel that, on April 30, 1999, the police had decided to frame charges against the accused. The Investigating Officer (IO), S K Sharma in this case, had got a call that morning from one of his senior officials stating that the Manu Sharma was the prime accused in the case. So it appeared that the inspector had primarily decided that the accused was involved in commission of crime, although no evidence was collected to prosecute them,'' Mr Bhayana said.

After seven years of protracted legal battle, the court yesterday let off all the nine accused, including prime accused Siddharth Vashisht alias Manu Sharma (son of former Union Minister Vinod Sharma), Vikas Yadav (son of former Rajya Sabha parliamentarian D P Yadav), former cricketer Yograj Singh (father of cricketer Yuvraj Singh), Shyam Sunder Sharma (son-in-law of former President late Shankar Dayal Sharma), and five others in the Jessica Lal murder case.

Manu Sharma was accused of shooting model Jessica Lal on the night of April 30, 1999, at a restaurant in the capital when she refused to serve him liquor as the bar had closed. Jessica, a model and events manager, worked as a bartender in the restaurant.

[c.p.chhikara]

Deepak ji

Ram Ram,

I am agree with you that the decision of the case is the failure of our judiciary system.

"YEH ANDHA KANOON HAI"


(Chandra Pal Chhikara)

[roopak]

Deepak ji

Ram Ram,

I am agree with you that the decision of the case is the failure of our judiciary system.

"YEH ANDHA KANOON HAI"


(Chandra Pal Chhikara)


well this outcome is not only due to failure of judiciary..there are many factors affecting the verdict......the time taken (7 yrs), weak case of prosecution, hostile witnesses, lack of evidence or you can say manupulation of evidences..etc.....so to blame judiciary for tht is not fare i think..you there had been instance in past also when while passing orders judges have casted their personal view saying tht i knw tht u have done this wrong but due to lack of evidence and other circumstance i m aquitting u..so i m sure that in this case also the judge was aware like us of reality..but he can't go beyond law.....if u want to blame ..blame this bloody political links of high profile people like manu sharma and dp yadav, or the use of monet and power they have implied to mould evidences and buy these corrupt policemen.......suppose u have strong evidences, strong porcesution case and witnesses who will no turn hostile, can u still imazine an adverse judgement....so guys its not the judiciary to be blammed for such a bad verdict..its we the people who want there own interest first (turning hostile) rather then to punish the culprit..

by the way wht u would have done i guy like dp yadav is pressurising you and ur family to change ur stand and there is aconstant pressure..i m sure at least for once you will think other wise rest will depend upon your jigra....and capability of fighting a long battle..


these r my personal views and there is no intetion to hurt anybodies feelings!

Warm Regards,

Rupender

[gsvijay1]

From Tribune India

Murder of justice
The killers of Jessica are at large

A YOUNG girl making an honest living as a barmaid was shot for refusing to serve liquor after the bar was formally closed. This happened in the presence of dozens of well-heeled persons, including a senior police officer. Yet, after seven years of trial, the judge acquitted all the nine accused for want of evidence. The charade of investigation, deposition and cross-examination was gone through, perhaps, with the express purpose of murdering justice. The verdict in the Jessica Lall murder case shows the abject failure of the criminal-judicial system in the country. Right from the beginning, the police was bent upon shielding the guilty as could be inferred from the tampering of evidence as manifest in the mysterious presence of two bullet cases of different makes at the scene of crime and the failure to seize the deadly weapon.

Except for a solitary person, every witness, including the lady who ran the watering hole without any bar licence, turned hostile. Those who had seen or heard the fatal shots had a sudden fit of amnesia when they were cross-examined in the court. The shifting stand of a witness in the Best Bakery case forced the Supreme Court to order a retrial of the case when it was brought to its notice but in the instant case, the judge preferred to overlook the circumstances in which witness after witness turned hostile and give the accused the benefit of the doubt. And this, when jurists of the eminence of Fali S. Nariman argue that the judge could have seen through the game and used his powers to reject their evidence outright or ask some probing questions himself. In the end, he relied solely on the twisted evidence produced before him to acquit all the accused.

Even if the nine are innocent, how will the state account for Jessica Lall’s death? What a shame, her killers are having the last laugh! Will they ever be brought to justice? Unlikely, if there is an iota of truth in Police Commissioner K.K. Paul’s report to his immediate predecessor that some police officers had conspired with the accused in towing down the evidence against them. Now, debate has begun to the effect that the prosecution should be separated from investigation, the IPC and the Cr PC should be suitably amended and witnesses should be given protection, but all this will not console Jessica Lall’s aged father, who has been denied justice. How about the Delhi Police filing an appeal against the mass acquittals? This might help it wash off some of the stigma the trial and the acquittals have brought for it. How about punishing the police officers who connived at with the accused and their influential patrons in vitiating the trial of those who killed Jessica Lall? Jessica’s murder came as shock for the nation; the trial and the acquittals are no less shocking

[narenderkharb]

Common man has lost faith in our judicial system,which is worst for our nation.

Leaders should open their eyes,otherwise people will take law in their own hands to deliver justice.

[sukhda]

Not just a single agency can be blamed for such acquittals........system is weak from within in real terms......if we have stringent rules for evidence and criminal procedure on one hand, we also have provisions to make them obsolete in the next very section of the codes.......thats the biggest tragedy of the system:(
BADE BADE LOOPHOLES HAI SYSTEM MAIN BHAI!!!!!!!

[sejwaldeepak]

Jessica murder: Delhi cops in line of fire for 'shoddy' work
Saturday February 25 2006 00:00 IST
PTI

NEW DELHI: Holding ‘shoddy police investigation’ responsible for acquittal of all the accused in the Jessica Lal murder case, women’s groups on Friday met Delhi Police Commissioner K K Paul, demanding that an appeal should be filed against the verdict and action be taken against the police officers who are guilty of negligence.

A delegation of women’s organisations, including All India Democratic Women’s Association, National Federation of Indian Women, Joint Women’s Platform, Young Women’s Christians Association etc met Paul and submitted a memorandum in which they alleged that there were many points about the case that indicated complicity of the police.

“It is shocking that a number of leads were not followed up by the investigating team,” they said, and demanded that the case should be re-investigated by the CBI.

The women’s groups said this was not an isolated case as in recent times, there have been other high-profile cases where police have failed to carry out proper investigation.

Action should be taken against the police officers who have not carried out the investigation properly and with due care, they said in the memorandum.

“The officers guilty of negligence should be punished,” the women’s groups demanded.

An appeal should be filed against the verdict of the trail court, they said, adding in all such high-profile cases, directions should be issued for a proper timebound investigation and swift action against the guilty.

The Police Commissioner is reported to have told the women’s delegation that its demands will be looked into and that the department was waiting for the judgement copy to study the details and decide on the future course of action.


Delhi High Court takes up Jessica Lal murder case

Suo motu action after public outcry over acquittal of all accused

THE VICTIM: Jessica Lal.

NEW DELHI : Without waiting for the Delhi police to file an appeal against the acquittal of all nine accused in the much talked about Jessica Lal murder case, including prime accused Siddharth Vashisht alias Manu Sharma, the Delhi High Court on Friday directed the city police to submit to it all the investigation details as well as the reasons which caused the fall of the case in the trial court here earlier this week.

Taking suo motu note of news reports blaming shoddy investigation for the failure of the prosecution case, a Division Bench of the High Court comprising Justice Vijender Jain and Justice Rekha Sharma directed Delhi's Police Commissioner to respond to the Court's queries within four weeks.

Earlier, the Bench directed the High Court Registry to club clippings of newspaper reports on the acquittal of the nine accused in the case and list the matter for the Court as public interest litigation.

The acquittal had led to a widespread hue and cry with a great many organisations and NGOs demanding a re-trial of the case and action against officials responsible for bungling up the case.

Directing the Delhi police to file the case details within four weeks, the Bench said it would take up the matter for further hearing on April 9.

Delhi Police Commissioner K. K. Paul on Thursday had told The Hindu that the investigating agency was yet to take a decision on going in for appeal against the acquittals by the trial court. "The decision would be taken after going through the judgment and consulting lawyers," the Police Commissioner had added.

Additional Sessions Judge S. L. Bhayana this past Tuesday had acquitted all the accused in the case saying the prosecution had failed "miserably" to sustain the grounds on which the trial was built up.

Quoting the statement of Surender Sharma, investigating officer in the case, that he had booked Manu Sharma as prime accused after he got a call from senior officers to that effect, Mr. Bhayana observed that the probe officer had tried to frame Manu Sharma in the case.

The trial judge had also pulled up the police for not being able to recover the weapon of offence and for their failure to establish an unbreakable chain of circumstances leading to the murder of the young ramp model in the presence of hundreds of guests at a restaurant.

Jessica Lal, the ramp model and part-time bartender, had been shot from point blank range at socialite Bina Ramani's crowded Tamarind Court restaurant here in the presence of a who's who of the Capital's fashion world, senior Delhi Police officers and socialites gathered to celebrate the birthday of Ms. Ramani's husband George Mehlot in the wee hours of April 30, 1999.

All the three key eyewitnesses in the case, including actor Shyan Munshi on whose complaint the case had been registered, had turned hostile after their initial testimony.

[drjatin]

IN INDIA EVERYTHING CAN BE BOUGHT. DOES ANYONE REMEMBER WHEN A SWEDISH WAS CAUGHT WHILE RAPING A MINOR HE HAD SAID IN FRONT OF NEWSMEN"YOU ARE ALL CORRUPT WE WILL BUY YOU"
ONLY MONEY IS RUNNING THE COUNTRY WHERE ONE CAN BUY EVERYTHING INCLUDING THE JUDICIARY
ALL POLICE OFFICERS GOVERNMENT OFFICERS ARE CORRUPT.NO ONE HAS ANY STANDING.ALL CAN BE BOUGHT
IT IS A SIN TO BE POOR IN INDIA
WHAT TYPE OF DEMOCRACY IT IS WHERE A GIRL IS SHOT LIKE A DOG IN FRONT OF A LARGE GATHERING AND THE CULPRITS ARE ACQUITTED SINCE THEY HAVE POWER AND MONEY

I DONT KNOW HOW CAN THESE CORRUPT PEOPLE CAN FEAST ON OTHERS FLESH WHEN THEY ARE NOT EVEN HUNGRY
THEY WILL DO ALL BAD THINGS IDONT KNOW FOR WHAT
ALL THE PEOPLE WHO WERE BOUGHT IN THIS CASE I DONT KNOW WHAT THEY WILL DO OF THE ADDITIONAL MONEY.I CAN SAY FIRMLY THAT NONE OF THEM WAS STARVING BEFORE AND THIS ADDITIONAL GRAFT WILL ALSO NOT MAKE MUCH OF DIFFERENCE TO THEM ie THEY WILL INCREASE THEIR WEALTH ONLY BY A SMALL PERCENTAGE
INDIA IS HIJAKED BY THE CORRUPT
99%OF PEOPLE ARE CORRUPT

[rraajjeevv]

Here is an old article by Varsha Bhosle from rediff. There is a lot of stuff about the shoddy investigation by the police and the involvement of people right to the top. Although she was a foriegn national at that time (A British citizen married to a Canadian. I am not sure about her current status) and hence ineligible to carry out any business activity, she had been flaunting rules with ease. Most of her business outlets did not have any permission.
I am posting the long article. Admin, you can delete it if you want to.

Woe to the status quo (http://in.rediff.com/news/1999/may/13varsha.htm)

Ach, as usual, I wandered away. Let's return to the murder which occurred at the last of nine weekly private parties where the guest list included politicos, bureaucrats and industrialists. Jessica Lal, who'd tended the bar at Bina Ramani's restaurant, had a brief stint at modelling in the '80s; she was down to catalogue shoots within two years. Sanjay Austa writes, "No one knew exactly what she did for a living." Model Ayesha Prem says, "I used to see her frequently at parties. But I didn't know who she was." She was a girl who was trying to make two ends meet, and who died when she refused, not a proposition, but a drink. Joint Commissioner of Police Amod Kanth has taken great pains to emphasise, "Altercations definitely took place between Jessica, Malini and Manu, but it was merely for a drink."

Earlier, a senior police officer had said, "It is too early to say if refusal of a drink was the cause for the incident. There has to be something more to it." During his interrogation, Tony Gill admitted, "We went there for the young pretty faces -- certainly not those in the 30s -- and the generally relaxed ambiance." Another senior officer said, "(Tony) said the place was frequented mostly by women in their 20s." According to eyewitnesses (as related by yet another senior officer), Jessica had complained to Ramani about Manu, but had been asked to ignore the "boisterous group" as they had been there before. [" We cannot say whether they are among the thousands who visit the Qutub Colonnade but we are not aware of this."]

JCP Kanth declared that action would be taken against Ramani *if* it was found she had tampered with the evidence... The Mehrauli police reached the restaurant within seven minutes of the crime being *reported* [" They finally came 45 minutes later "]. They found all the physical evidence destroyed -- fingerprints couldn't be lifted from the washed counter, and the spot of murder couldn't be established from the cleaned floor. A senior police official maintained, "She also tried her best to destroy the evidence. In fact she also went to Jessica's family and stated that they all should stick together and give one statement to the police". [" But there is no case against me. None at all."]

Manu has surrendered. Justice, I hope, will be done. But what about the woman who, from 11 pm to 2 am, illegally supplied Manu with alcohol (8 pegs), enabling him to get imbalanced and pull the trigger? [" I could explain to you that technically I also have a home at the Colonnade, and so there was nothing wrong with serving liquor there."]

Two years ago, Virendra Kapoor wrote, "Socialite Bina Ramani knows which side her bread is buttered. And if the bread is not buttered at all, you can rely on her to get it buttered. The lady is a genius at staying on the right side of politicians, businessmen and all who matter -- and sure enough, sooner or later, her contacts pay off."

Chandra Swami is caught in a FERA case related to laundering of $ 200,000. The Enforcement Directorate, in its complaint before the magistrate, contends that Chandra Swami transferred the money to a company owned by Bina Ramani, then of New York. Ramani turns approver. [JCP Kanth: " Bina Ramani and Malini have now decided to help the police with investigations."]

The Qutub Colonnade is allowed to come into existence. Despite serious objections by the Archeological Survey of India. [" We have been unfairly portrayed as people who have no regard for the law."]

The Delhi Development Authority issues demolition orders after Bina Ramani changes the facade of the original old Haveli. The officer who had ordered it is transferred to the Andamans. [" The god within me is very strong."]

From 1993 to 1996, Ramani manages the Hauz Khas premises where Malini runs the disco, No Exit. No liquor licence. No Excise Act. Complaints from local residents lead to the disco being quietly wound up. [" Look at how we are being portrayed by you journalists."]

Romesh Sharma is trapped by the authorities. Out pops a link with Ramani -- his offering his "sister" the use of his farmhouse to host her wedding. Ramani swears there isn't any connection, but that "Sharma wanted us to purchase a house in Panchsheel Park whose title deed wasn't quite kosher."

Ramani's residential phone is disconnected for non-payment of dues. The chairman/managing director of MTNL, now a member of TRAI, orders DGM OP Khanna to visit Ramani and apologise. Ramani's response: "How dare you disconnect my phone? Who made a fool like you a DGM? You don't even know how to distinguish between Ramani and others." Officials protest to the CMD that they were only following the rules. The CMD retorts: "Burn the rule books." Next, Khanna is assigned to the boonies. [" I believe that journalists just hate anyone like me who is prominent."]

In March, a sub-inspector of the Mehrauli police station goes to the Tamarind Court restaurant and tells its owner to stop the private parties since they violate norms. Ramani calls up Police Commissioner V N Singh in the presence of the sub-inspector. A day later, the sub-inspector is abruptly transferred to another police station. [" I am ready to appear in the court if the police ask me to do so. I am ready to co-operate with them in whichever way they want."]

The police were all set to arrest Ramani -- and then decided against it. The decision to arrest her was taken after Surinder, one of her workers, told the police that Ramani had asked him to clean the blood. [ Rediff: " When I returned, the boys who work at the restaurant were mopping up the place."ToI: " The blood was washed away because a guest washed his face with water there, and hence diluted the blood."]

A senior officer said, "But later the decision was changed after a lot of debate." Police Commissioner V N Singh to Rediff: "We are trying to see if she can be used as a prosecution witness." JCP Kanth to The Pioneer: "Bina Ramani is the star witness in the case... A star witness cannot be made an accused, as it will weaken the case."

Senior Advocate Lala Ram Gupta: "Turning Bina Ramani into a star witness is an eyewash. It is the easiest way to bail her out from the charges of destruction of evidence. If she asked for removal of blood from the scene of crime, it amounts to tampering of evidence."

Noted criminal lawyer R P Khatana: "There is no logic in the police claim that Ramani is a star witness as even the FIR was not registered in her name... If Bina becomes an approver and agrees to depose against the accused, she would be spared from being prosecuted."

Legal eagles say that making Bina Ramani the prosecution witness would not only help her escape charges of destruction of evidence but also pave the way for Manu Sharma's acquittal: Since the integrity of the witness is questionable -- running an illegal bar, removing blood stains from the scene of crime, hiding coupons for alcohol sold -- her deposition has little value. [" The dirt, the lies, the fabrication have really upset me over the last few days."]

Ramani was finally arrested under the Excise Act. No case has been filed against her for destruction of evidence. JCP Kanth said that they didn't have enough to book Ramani u/s 201 IPC. He feels she had no motive behind cleaning the blood. Even though Manu is a Congress president's son, and Vikas is a Rajya Sabha MP's son...

Then there's the presence of JCP Y S Dadwal at the restaurant... Manu Sharma to the police during preliminary investigations: " Main Dadwal Uncle ko dekh kar chhup gaya tha (I hid when I saw Dadwal Uncle)." Virendra Kapoor: "Dadwal networks with Ramani and others of her ilk in search of contacts for his wife."

Ramani is a British passport holder, her husband is a Canadian national, and her daughter, a US citizen, all needing special visas and permissions to engage in business. A senior police official says, "The first problem, it seems, lies with the difference in the two forms Mr Mailhot has filled up. While one form filled with his visa application lists Ms Bina Ramani as a British citizen, another form submitted to the Reserve Bank of India applied to carry out trade in India, lists her as an Indian."

Manu is passé: He pulled the trigger, his life is over. But Bina Ramani? That's another kettle of fish. It spawns a Malini who attends a party the day after Jessica's murder, and is hospitalised with a "nervous breakdown" when the police want to question her the following day...

[dahiyarules]

Well the prosecution failed a its case in the first place. Dont blame the Judge. He took a fair decision based on the arguments presented to him by both sides.

However, as I always say, Government is a total failure. Who all still want to cling on to this boat with holes in the botom?

[sejwaldeepak]

Jessica murder: Delhi cops file fresh case

Onkar Singh in New Delhi | March 06, 2006 16:01 IST
Last Updated: March 06, 2006 17:57 IST

The Delhi police on Monday registered a first information report against those who fudged evidence in the Jessica Lal murder case.

A special team has been set up to investigate the case.

A Delhi court had recently acquitted all those charged with the murder, including prime accused Manu Sharma, son of a Haryana minister.

"We have registered a case under Section 120 of the Indian Penal Code for criminal conspiracy, for destruction of evidence and tempering with the evidence," Paul said.

He also made it clear that the police will also approach the Delhi high court against the acquittal of the nine accused, including prime suspect Manu Sharma by the trail court.

Jessica Lal was murdered on the night of April 29-30, 1999, allegedly by Manu Sharma, when she refused to give him a drink.

According to a senior police official, the fresh probe will not spare anyone and even senior police officers who had investigated the matter earlier could be brought to book.

Jessica's sister Sabrina Lal said she was satisfied with the bold stand taken by the Delhi police chief.

"I hope things move in the right direction and the culprits are made to pay for their crime," Sabrina told rediff.com.