शाहिद अंसारी
मुंबई : हाई प्रोफाइल हत्याकांड शीना बोरा मामले में आईपीएस अधिकारी देवेन भारती ने सीबीआई से इस बात को छुपाया कि उनकी मुलाकात हत्या के बाद पीटर और इंद्राणी से हुई थी आज बचाव पक्ष के वकील ने जब भारती से यह सवाल किया कि उन्होंने पीटर और इंद्राणी के ज़रिए साल 2012 में जब पीटर और इंद्राणी उनके पास शीना बोरा के मुबाइल लोकेशन तलाश करने के लिए पहुंचे थे तब उन्होंने इंस्पेक्टर अलखनूरे को इस बात का आदेश दिया था कि वह उसका लोकेशन तलाश करें।
इस सवाल पर कि उन्होंने इस बात को सीबीआई के सामने क्यों नही बताया जिसके जवाब में भारती ने कहा कि उन्हें याद ही नहीं था हालांकि उन्होंने इस बारे में खार पुलिस थाने में मामला दर्ज होने के बाद इंस्पेक्टर अलखनूरे को बताई थी लेकिन उसका भी किसी प्रकार का कोई लिखित रूप से या किसी के सामने नहीं बताया।
वहीं मुबाइल लोकेशन को लेकर भी उन्होंने बताया कि यह सब उन्होंने मौखिक रूप से आदेश दिए थे।जिसपर बचाव पक्ष के वकील ने सवाल किया कि Have you read telegraph act & rules जिस पर उन्होंने जवब दिया Yes, provisions cannot state। बचाव पक्ष क वकील ने कोर्ट को कहा कि बिना लिखित और बिना नियम कायदे के ही आदेश दिए गएजबकि 26/11 हमलों के बाद भी जिनके सीडीआर निकाले गए वह भी लिखित रूप और नियम कानून के हिसाब से निकाले गए।
इस तरह से सीडीआर और मुबाइल लोकेशन का पता लगाया गया है या निकाले जाते हैं तो यह सीधे सीधे तौर पर आम जनता के व्यक्तिगत स्वत्रंता के ऊपर इनके द्वारा अपने अधिकार और पदों का गलत इस्तेमाल करते हुए किया गया है और यह आम जनता के संविधानिक अधिकारों पर गहरा अनैतिक प्रहार है।इस बारे में सुप्रीम कोर्ट ने खुद सुमोटो कार्रवाई करे ऐसी आम जनता की अपील है।
कोर्ट में बचाव पक्ष ने भारती से जो सवाल किए वह यह थे।
Defence: At the time wher you made query of mobile Mr. Alaknure was in Crime Branch Anti Extortion Cell
Deven bharti: Yes
Defence: You worked in Crime Branch as DCP &Addl.CP
Deven bharti: Yes
Defence: In Crime Branch there is technical cell called X project
Deven bharti: Yes
Defence: It comes under control of DCP Crime
Deven bharti: Yes
Defence: There are officers of rank of inspector, sub inspector & constables are appointed in this technical cell
Deven bharti: Yes
Defence: This technical cell provides location of logistic regarding logistic CDR, location etc
Deven bharti: Yes
Defence: Is it correct to say that inorder to findlocation sought by Mukherjea’s you did not contact any person from X Project
Deven bharti: Correct
Defence: You did not note down number name of said relatives whose location was required by Mukherjea’s
Deven bharti: I do not recollect
Defence: In Aug 2015you were Joint CP & Mr. Maria was come…….
Deven bharti: Yes Joint CP (Law & Order) – Yes
Defence: You and Mr. Maria were supervising the investigation of FIR 406/16 registered with Khar PS
Deven bharti: Yes
Defence: In connection with the same you visited Khar PS
Deven bharti: Yes
Defence: Were you present at any time when the interrogation of any accused
Deven bharti: No
Defence: Did you interrogate any witness
Deven bharti: No
Defence: Interrogation of any accused was discussed by other officer ……….
Deven bharti: No
Defence: Did you disclose with Khar PS all facts deposed in Court
Deven bharti: No, witness volunteers it was discussed with Alaknure
Defence: Was anyone present when you discussed with Alaknure
Deven bharti: No
Defence: Did you disclose these facts to commissioner
Deven bharti: No
Defence: Did Mr. Maria suggest you should disclose to Khar PS
Deven bharti: I do not recollect, witness volunteers I presumed Mr. Alaknure might have disclosed with other officers
Defence: Did you find out with Alaknure as to whether he disclosed
Deven bharti: No
Defence: Did you tell Alaknure to convey this fact to IO
Deven bharti: No
Defence: Do you recollect in 28th Oct 2015 your statement was recorded by CBI
Deven bharti: Yes
Defence: Would it be correct to say the location of said mob no was ascertained from Nodal officer of concerned service provider & conveyed to Peter Mukherjea & Indrani Mukherjea
Deven bharti: Yes it was conveyed through Alaknure
Defence: In Apl 2012 Peter Mukherjea & Indrani Mukherjea approached you for location of relative, Did you recollect the fact when you gave your statement when you went to CBI
Deven bharti: Yes
Defence: Did you state before Mr. Singh date ie Apl 2012
Deven bharti: I must have said
Defence: It is
Defence: Did disclose these facts the mob location of relative was found to CBI
Deven bharti: No, I didn’t recollect at that time
Defence: Did you disclose the fact at para 4 of (yesterday’s deposition) to CBI
Deven bharti: No.
Defence: When did you know Peter Mukherjea & Indrani Mukherjea first time
Deven bharti: I do not recollect
Defence: Did you develop friendship with them
Deven bharti: No
Defence:Will it be correct between 6/4/2012- you had numerous call exchanged with 9820535090
Deven bharti: I do not recollect
Defence: Your no in 2012 in 2012 9870744000
Deven bharti: Yes
Defence: Why 9820535090 & 9870744000 was in constant touch as per CDR
Deven bharti: I do not recollect, must be for finding location
Defence: Your statement was recorded twice
Deven bharti: Yes
Defence: At any time were you called to CBI office in Delhi
Deven bharti: I was told that whenever I visited Delhi for official purpose regarding some inquiry by either Mr. Gurm or Mr. Singh
Defence: Did you visit of office of CBI & how many time & who did you meet
Deven bharti: Once met one officer rank of SP
Defence: Whether he made inquiry with connect with this case
Deven bharti: No
Defence: Did Indrani Mukherjea & Peter Mukherjea called on your mob no to inquire about mobile CDR
Deven bharti: I don’t recollect
Defence: How long was the call
Deven bharti: I don’t recollect
Defence: Did you think it was a brief call
Deven bharti: I cannot recollect
Defence: You would also not remember from which no this call had come
Deven bharti: No
Defence: Do you remember the name of service provider which was forwarded to you
Deven bharti:No
Defence: My case to you that Indrani Mukherjea never contacted me to find out location of relative along with Peter Mukherjea
Deven bharti: False
Defence: Did Peter Mukherjea & indrani Mukherjea personally meet you to find location
Deven bharti: No
Defence: When you communicated even at that you did not meet personally
Deven bharti: Correct
Defence:. You and Mr. Maria’s office is situated in the same building
Deven bharti: Yes
Defence: On same floor and almost adjacent
Deven bharti: Yes
Defence: You would meet him on daily basis
Deven bharti: Yes
Defence: In normal course the service providers do not give info unless & until written request is made
Deven bharti: Not true
Defence: Do you mean to say service providers give info without written request
Deven bharti: Not to always, however they give the same to Nodal officer appointed
Defence: Who was Nodal Officer and what was his rank
Deven bharti: I do not recollect Any officer
Defence: Do Nodal officer keep record of such request
Deven bharti: Yes
Defence: Have you read telegraph act & rules
Deven bharti: Yes, provisions cannot state
Defence: In order to find out location what apart from no is required
Deven bharti: Only no is required
Defence:.Nodal officer note down no in register
Deven bharti: Yes
Defence: Who does Nodal officer contact to give this number to find out location
Deven bharti: He gives the number to nodal officer of service provider
Defence: Does the nodal officer of service provider ask whether the location of number
Deven bharti: I can’t say
Defence: Service provider are suppose to supply information only when there is official request from nodal officer (police)
Deven bharti: Correct, witness volunteers either oral or written
Defence: Under which Law or rules oral request is made for requesting of mob location
Deven bharti: I cannot say
Defence: This was an important fact that in year 2015 at time that it appears that number given to Alaknure …. of Peter Mukerjea & Indrani Mukherjea in year 2012appears to be same which is related to this case
Deven bharti: True
Defence: Did you remember this imp fact when you gave CBI statement
Deven bharti: It was not in my memory
Defence: After how many days/months when did you recollect this statement first time
Deven bharti: I do not remember
Defence: CBI recorded your second statement 26/11/15
Deven bharti: Yes
Defence: Did you remember the imp fact during your second statement
Deven bharti: No
Defence:This imp fact you remember first time in court
Deven bharti: No
Defence: Did you note down the number
Deven bharti: No
Defence: Will you be able to say thet when you stated about the incident of 2012 to Rakesh Maria
Deven bharti: Cannot give proper time
Defence: Did you first state to Alaknure or Maria
Deven bharti: Cannot Say
Defence: Every case happening in ever PS information goes to office of Joint CP
Deven bharti: No only important case
Defence: When you informed Alaknure in 2015 do you remember number
Deven bharti: No
Defence: Even if mob phone is switched last location can be ascertained
Deven bharti: Yes
Defence: was it imp fact that Peter Mukherjea & Indrani Mukherjea informed that that whereabouts of relative have been found & asked not proceed further
Deven bharti: Yes
Defence: Did you remember this fact before CBI
Deven bharti: No
Defence: Peter Mukherjea never approached or contacted you …. to the fonding of tower location
Deven bharti: Incorrect
Defence: Whoever called did they call on mob or landline
Deven bharti: I don’t know
Defence: Did Mr. Maria ever take your CDR
Deven bharti: I don’t know
Defence: Did CBI called for your CDR
Deven bharti: I don’t remember
(417)
