Corporates – Legal Drift

Why a business tycoon killed his own driver?

“If I speak the truth, I will not live.” were the last few words spoken by Janeshwar Sharma in a television interview. The deceased was working as a driver of the affluent business tycoon Anil Nanda.

In his interview, he alleged that Anil Nanda, his partner Jitendra Pandey and Manager Dhiraj Balani were involved in a sex scandal. He claimed that Nanda paid some boys to have sex with him at one his houses in the Friends Colony, Delhi. He also sexually exploited his employees at the said house. If the employees resisted the homosexual demands of Nanda, they had to face adverse consequences. He further claimed that he was also asked to spy on Nanda’s partner Vijay Sinha, on his opposition he was threatened by the accused.

“Janeshwar had opposed Nanda’s attempts to get physical and was, therefore, in his bad books. Once, he had caught Nanda in a compromising position with a male partner. Fearing that Janeshwar would disclose this to others, Nanda had begun hatching a conspiracy to kill him,” the victim’s younger brother, Yogesh Sharma, said.

Who is Anil Nanda?

Anil Nanda is the chairman of the Akme Projects and is the son of former Escorts group chairman HP Nanda. He is unmarried but his brother Rajan Nanda is married to Raj Kapoor’s daughter Ritu and their son is married to Amitabh Bachchan’s daughter Shweta.

Murder

Sharma was set on fire in morning of June 9 by some unidentified persons at Anil Nanda’s residence. The attackers had thrown petrol over him before setting him on fire. He was admitted in hospital with 80% burn injuries. It is noteworthy that the doctor declared him fit for statement. But the police did not record his statement in spite of repeated requests by the victim and his family.

Sharma’s brother alleged that on June 13 Nanda visited and threatened the victim in the hospital. Later Sharma succumbed to injuries on June 14.

Police Investigation

The conduct of Delhi police is questionable and disappointing.

1. The police didn’t record Sharma’s statement even when the doctor declared him fit for the same.

2. Sharma survived the injuries over a week but the police didn’t bother to record his statements.

3. Police didn’t question Anil Nanda until victim’s dying declaration was shown on television.

4. The police theory suggests that “a stranger” might be involved in the given case.

5. It also claims that Janeshwar was “alone” at the time of incident, indicating that it might be a suicide. It said that it had questioned 20 people who were near-by at the time of incident but no one saw Janeshwar being set on fire.

6. The police said that it would investigate why the CCTV camera’s didn’t work on the day of incident.

7. It has graciously agreed to investigate the call records of the people involved in the murder.

8. The police did not make any arrests saying that the victim had not mentioned any names in his first complaint.

9. It initially filled a case under 307 and then subsequently filled a fresh case under section 302.

10. At first, it ignored the letters written by the victim before his death “alleging threat to his life”.

11. There was delay in collection of forensic evidence from the place of crime.

12. Although it is established that Nanda was present at his residence when the incident took place. Police is busy protecting the three saying that they were not present at the spot where Sharma was set alight.

Laws

Dying Declaration is based on the principle of “nemo moriturus proesumitur mentiri” a man will not meet his maker with a lie in his mouth.

Eventhough the court gives great value to the dying declaration, the court must have full confidence in the veracity and correctness of the statement. It is made by a dying person as to the cause of his death or as to any circumstances of the transaction that resulted in his death. It is an evidence under Section 32 of Indian Evidence Act,1872.

Conclusion

The case involves two aspects “dying declaration of a driver who alleged that he has attacked by his employers” and the involvement of Nanda in homosexual activities with young boys and his employees. If the former is proved than the latter would also hold water. Considering this, Nanda could be tried under Section 377 of IPC for the alleged carnal intercourse.

Since Sharma’s dying declaration was not recorded by the police, there lies a high probability of manipulation and misappropriation of evidences in the current case. Moreover, the court may doubt the veracity of the statements made by the victim on television. The F.I.R doesn’t mention names of any of the three accused and it would be very difficult to prosecute them. The police deliberately ignored the repeated complaints of the victim and his brother.

Yogesh (Victim’s brother) has still not been given police protection. The intentional abstention by the police to conduct a fair inquiry is highly disappointing. The case has been lost before the verdict. It would be either closed (as the culprits would not be found) or it would be proved as a suicide. Due to lack of evidences the courts might rule in favour of the “influential people”.

The case needs to be investigated and the truth must be established. But the present circumstances reveal that police is not even willing to consider Nanda a suspect.

Why do we need criminals when we have such efficient and honest police force?

The post is dedicated to one of our readers Mr Vinay Kakkar who suggested this topic in one of his comments.

Corporates Legal Mirror Social Issues

Being in Bhopal, How Can I Forget This Day – A Gas Tragedy That Ruined Lives

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Bhopal Twenty Five Years On From Union Carbide Disaster

Midnight 2-3 December changed lives of the thousands of people living in Bhopal. One of the most prosperous industrial cities was changed into a graveyard.

The gross negligence of Union Carbide lead to one of the biggest industrial disaster throughout the world. Methyl Isocynade and other toxins released from the disaster resulted in around 20,00o deaths. The official figures have never revealed the real estimates. OFFICIALLY the disaster was not of that greater magnitude as presupposed by the victims or the activists. They believe that the miseries of people are just exaggeration of reality. The people are pretending to have chronic diseases and the congenital deformities in their children is a myth.

There were number of hospitals established to treat the victims of Bhopal Gas tragedy who were effected by serious respiratory, vision and skin diseases. But now the hospital administration believe that other patients are more worthy of treatment and that is why the Bhopal Gas Tragedy Victims have to wait for hours to get their Chemotherapy. They are generally attended in afternoons at the convenience of the doctors. Most the victims are not covered under the ambit of relief because they did not possess rashion cards.

It is unfortunate that our leaders never realized that the victims of the saga were not from elite societies but were mostly poor and destitute who were deprived of both education and resources. They were the people who were unable to understand the ENGLISH spoken in the courts, they were the people who could not afford trips to Supreme Court and they are the people who still don’t know the names of the disease they are suffering from. They were twice victimised once when the gas leaked and again when the fought for justice.

Bhopal Tragedy still awaits a decesion. What was done was only a settlement of 470 million dollars. And ironically the Supreme Court did not consider children below age of 12 years as victims. May be the gas chosed to effect people according to their age. Most of the victims could not convince the administration in spite of their miseries.

People have been writing PIL’s to Supreme Court but the most of the people consider the matter closed. No criminal prosecution was ever held on Union Carbide. The settlement that was done was on ex gratia payment and as a moral duty. People who were associated with Union Carbide were later on promoted with high judicial and admistrative positions. The trial was a mockery of the Indian Legal System. The victims were victimised again and again and the criminal were given special treatment in the embassy.

The accident site still contains hazardous materials which have not been cleared by the government or by the Union Carbide. The underground water of the place is contaminated with toxins. The people are forced to consume such non potable water because they can afford either medicines or potable water.

In 1991 came the Liberalization, Privatization and Globalisation Policy of the country since then India have progressed drastically but the Victims of Bhopal Saga are still there where they were in 1984.

Things have not changed for them they still meet every Sunday in parks and discuss their sorrows. They have little means to support themselves the only thing keeping their struggle alive is their zeal to fight against injustice done to them but if there interests are constantly ignored then a day would come when Bhopal Gas Tragedy would be just an unfortunate incident and not a disaster.