, AHMEDABAD 4 TIMES CITY FRIDAY, JUNE 22, 2012

he facts of the case are that the respondent No.2 (O P Mathur) T was appointed as Police Com- missioner, Ahmedabad city on 20th May, 2008. The Times of India pub- ‘Really absurd to say lished certain news items in its Ahmeda- bad edition beginning from 27th May, 2008. The first news item came to be pub- lished under the heading “Was Ahmeda- bad CP a Latif Man? CBI papers cast a shadow on O.P. Mathur’s role in Ex-MP articles amount to sedition’ Rauf Valiullah’s murder in 1992”. On 28th May, 2008, the Ahmedabad edi- tion of TOI carried a news item titled “How can Ahmedabad be safe in his On April 18, 2012, Justice Harsha Devani Of Gujarat High Court Quashed Charges Of hands? As Head of ‘Latif Squad’, was Mathur also on don’s payroll?” Sedition Filed Against The Times Of India By The Then Ahmedabad Police Modi and O P Mathur On 29th May, 2008, TOI published a news item under the title “OPM high Commissioner O P Mathur. We Now Have A Written Copy Of The Order. Excerpts... same would not in any manner have the A’bad can do without — He brandished effect of creating hatred, disaffection or revolver, left it at lady love’s house”. An- din encounter was fake, and his wife contempt for the State Government. As other news item was titled “Geetha Judging the contents of the Kauserbi was also killed by the same held by the Supreme Court, the state gov- showed who is boss”. The said edition bunch of police officers. If the CD was ernment cannot be identified with an also contained a column bearing the articles in question, from the still part of the Sohrabuddin case pa- individual, under the circumstances, if heading “Do you want O P Mathur to standards of a reasonable man, pers, a top Gujarat minister () the said articles have the effect of creat- continue as commissioner of police, the same would not in any and a high- ranking BJP politician of ing any disaffection against Mathur as Ahmedabad?” and invited opinions of manner have the effect of Rajasthan would be running for cover. an individual, the same would not attract the readers. This political duo reciprocated last the provisions of section 124A of the Act. creating hatred, disaffection or week by making Mathur the Commis- contempt for the State sioner of Police, Ahmedabad. Thus, this Government article contains an imputation against It is stated in the said article that the political duo, which is alleged to DCP Geetha Johri, an officer that on the basis of statements recorded have reciprocated by making Mathur a junior to Mathur, promptly acted by the CBI in respect of earlier investiga- Commissioner in connection with the tion in connection with the murder of CD which was found to be missing. upon a tip-off that Latif and his Congress leader and Ex-M.P. Rauf Valiul- In the article published on 31st May, gang had been spotted at Mahad lah, the articles in question have been 2008 which bears the heading “Latif an Ka Mohalla. However, while Latif published questioning the wisdom of the ISI man and Mathur a Latif man? Five state government in appointing Mathur Million Amdavadis can’t be safe under escaped two of his men were as the police commissioner, given his new police chief with dubious links”, arrested by Geetha and her men Abdul Latif (L), and Rauf Valiullah background as narrated in the said arti- the background of Mathur has been and that by the time Mathur cles. A close reading of the said articles stated and it has been further alleged dragged his feet to reach Mahad On 30th May, 2008, TOI contained a reveals that what is stated therein is that on the one hand, the security cover news item bearing the heading “Crooked based upon statements recorded by the of Chief Minister has Ka Mohalla, things had path to the crown” “OP Mathur Got the CBI, viz., official records. The said been upgraded to “PM level” on the quietened down Position of Commissioner of Police, records are related to the official func- other, there is virtually no insulation Ahmedabad, as reward for botching up tions of Mathur. O P Mathur from terror strikes for five million Am- Moreover, it is really absurd to say that the probe into the fake encounter of So- A perusal of the article dated 28th davadis. The rickety security machin- articles in question amount to sedition. hrabuddin, a close associate of mafia don May, 2008 in respect of which the second tempt or disaffection towards the state which indicated towards a possible nexus ery of Gujarat’s largest city now has a If such were the case, then every argu- Latif”. first information report has been lodged government inasmuch as the same does behind the elimination of Sohrabuddin Head who cannot be trusted with han- ment/comment against the man- On 31st May, 2008, TOI carried a news shows that the same is based upon the not even mention any act of the state in order to save some Rajasthan-based dling either the underworld or terror ner of functioning of the item under the heading “Latif an ISI man allegations contained in CBI documents government. The second article is in re- businessmen from his extortion threats. networks. It is further stated that con- government might be and Mathur a Latif man? — Five million presented before the courts at the rele- spect of an incident that had taken place sidering that fighting terror has always alleged to lead to Amdavadis can’t be safe under new police vant time. It is stated in the said arti- earlier. It is stated in the said article that been very high on the Chief Minister’s hatred of the gov- chief with dubious links”. The newspa- cle that these allegations were DCP Geetha Johri, an officer junior Moreover, it is really absurd to agenda but his credentials as a leader ernment, and it per also carried news item pointing out never probed by successive re- to Mathur, promptly acted upon a say that articles in question determined to fight terror and make might be suggest- that in response to the news items carried gimes and now that the facts tip-off that Latif and his gang had amount to sedition. If such were Gujarat a safe and secure place do get ed that such com- by Times of India, 98% of the readers did have faded out of collective been spotted at Mahad Ka Mo- dented with a cop of Mathur’s rather ments brought not want Mathur to continue as Commis- memory, the Government of halla. However, while Latif es- the case, then every argument/ dubious credentials occupying such a the government sioner of Police, Ahmedabad. the day does not bother check- caped two of his men were ar- comment against the manner of critical position in the security appara- into hatred or con- On 1st June, 2008, the Ahmedabad edi- ing the dark pasts of officers rested by Geetha and her men functioning of the government tus. In the said edition, the response of tempt. tion of The Times of India carried three before rewarding them with and that by the time Mathur might be alleged to lead to the readers of the Times of India on the In the light of news items regarding the underworld plum postings. dragged his feet to reach Mahad opinions called for in the earlier edition the aforesaid dis- don late Abdul Wahab Latif and his close The second article contained Ka Mohalla, things had quietened hatred of the government, and it have also been published which reveal cuss- associates Sharif Khan and Rauf Valiul- therein relates to jail break down. Geetha was already might be suggested that such that 98% of the readers wanted Mathur lah, Ex-M.P. plans which had been on her way to Sha- comments brought the out. In the aforesaid background, Mathur made at the time hibaug with her It has been stated that the articles in lodged the first information reports with when Mathur was two prize catch- government into hatred or question have been published with the Navrangpura police station. The Times serving as DGP, es. On a plain contempt intention to cause hatred against sen- of India moved applications for quashing CID (Crime) and reading of the ior police officers of the state gov- the FIRs . Jails. In the en- said article it is When Mathur forwarded the case papers ernment established by law and that Sohrabuddin Sheikh A perusal of the tire first infor- amply clear to Geetha, with instructions in writing the same have been published as an news items which mation report, that the same that she should inform him about attempt to cause contempt and ha- ion, this court is of the view that the al- have been pub- there is abso- Rajnish Rai does not im- every move in the case, Geetha tred against the state govern- legations made in the first information lished in various lutely no allega- pute anything found the CD of telephone ment, the same would not fall reports in question do not constitute the editions of The tion made against the State Government to the State so as to fall within the ambit records missing. Without the within the ambit of section offence under sections 124A, 120-B and 34 Times of India and the same only states that jail break of section 124A. In the said edition, opin- CD to establish the political 124A IPC or section 3 of the IPC and section 3 of the Police (Incite- from 27th May, plans were scuttled not because of any ions have also been called for from the nexus, it is only police offic- Police (Incitement to Disaf- ment to Disaffection) Act, 1922. Under the 2008 to 1st June, alertness on the part of the jail establish- readers as to whether they want O.P. ers who find themselves be- fection) Act, 1922, when the circumstances, continuance of the pro- 2008 show ment under Mathur, but because of Mathur to continue as Ahmedabad’s com- hind bars in the fake encoun- ingredients for constitution ceedings against the applicants would timely intercepts by the I.B. and quick missioner of police. ter of Sohrabuddin and the of an offence under section amount to abuse of the process of law, follow-up action by the Crime Branch. In the article published on 30th May, killing of Kauserbi. The 124A IPC and section 3 of the justifying invocation of the powers under The next article published on 29th 2008, various events right from 1992 to missing CD has also giv- said Act are woefully section 482 of the Code to secure the ends May, 2008 contains two articles one stat- May, 2008 till the time Mathur was made en confidence to the lacking. of justice. ing facts to the effect that Mathur had the commissioner of police had been de- Gujarat Govern- Judging the con- For the foregoing reasons, the applica- gone to the house of one Sarita Sharma tailed. In the said article, it has been al- ment to admit tents of the arti- tions succeed and are, accordingly, al- and that during the course of an argu- leged that the earlier investigating of- in an affida- cles in question, lowed. The first information reports ment, he had brandished his service ficer Rajnish Rai had handed over the vit before the from the stand- registered vide Navrangpura Police Sta- revolver. The said article, can in no case papers to Mathur which included a S u pre m e ards of a rea- tion I-C.R. No.286/2008, 288/2008, 289/2008, manner, be said to be an article CD containing telephone records of po- Court that sonable 298/2008 and 299/2008 are hereby quashed Geetha Johri which would create hatred or con- lice officers, businessmen and politicians Sohrabud- Amit Shah man, the and set aside.

State assembly’s Another PIL filed seeking removal last session to Learn mother tongue of Ketan Desai from GU senate begin on July 16 of winners from today TIMES NEWS NETWORK Petitioner Moves People for Better Treatment has TIMES NEWS NETWORK ginning June 22 at HM Patel sessment and certification filed a second PIL stating that Ahmedabad: The Gujarat legis- Institute of English Train- partner of SCOPE, will also Ahmedabad: High Court Again two representations were made lative assembly’s two-day ses- English, like ing and Research in Vallabh participate in the confer- sion, beginning July 17, will be computer languages, is not Vidyanagar, will focus on ence. The event will hold before the governor, but she has the last before the state goes to only a matter of social pres- English for education, equi- plenary and panel discus- Seeking Direction not responded. The PIL states poll in December. The session is tige but also a means of ty, empowerment and em- sions by industry and aca- that Desai’s medical registration likely to be stormy as the Con- earning a decent livelihood, ployability. demic experts. The confer- To Governor To Act gress is bound to try and raise is- states a working paper by The conference also ence is exclusively should be cancelled according to sues it finds meaty. director of English Lan- aims to analyze the sector sponsored by CASIO India On The Pleas MCI recommendations, and he The Monsoon season of the as- guage Teaching Institute of specific needs of industry, Co Pvt Ltd. should not have been allowed sembly was planned in such a way Symbiosis, Shirish Sahas- network with in- Times Foundation has TIMES NEWS NETWORK into the senate that the MLAs could take part in rabudhe. Another research ternational spe- signed a memorandum of the election of India’s president paper by assistant pro- cialists on areas understanding with Ahmedabad: The NGO, People for scheduled for July 19. An official fessor at of local concern, SCOPE, a Gujarat govern- Better Treatment (PBT), has once When the HC turned down his nor, but she has not responded to them said that if at all the voting was to MS Uni- promote ment initiative, and is work- again filed a public interest litigation plea, PBT moved the Supreme Court or taken any action. The PIL has be held, the MLAs after taking versity of dialogue ing as a partner in promot- in the Gujarat high court for removal and upon inquiry, the university clar- sought HC direction to the governor to part in the two-day session would Baroda and con- ing English in Gujarat. of former head of Medical Council of ified that Desai was not elected to the decide PBT’s application for Desai’s be able to caste their votes on the Charul nect cul- Their joint initiative Em- India Ketan Desai from the senate of senate in the category of medical removal on the ground that Desai’s next day. Jain says tures brace English will be Gujarat University. practitioner at all. Instead, Desai was medical registration too should get As per the rules, once the elec- that English language through a shared interest. launched soon wherein the An NRI Dr Kunal Saha of PBT has elected uncontested in the category of cancelled as per the MCI recommen- tion are declared, the assembly teaching has to awaken to Around 300-400 partici- English language profi- this time around sought HC direc- qualified physician, that any person dations. Hence, he should not have cannot hold session and hence the urgent need of the mar- pants, including 10 interna- ciency tests will be conduct- tions to the governor Dr Kamla to de- that has an MBBS degree can contest been allowed to contest the senate the BJP has decided to hold the ket of intercultural aware- tional and 20 various states, ed in schools, colleges and cide on his application to remove De- election in that category. election at all after terminating his session in July. ness in communication. are expected to attend. corporate houses across the sai. He had filed a PIL last year as well PBT had to withdraw the PIL from medical registration. A senior BJP office-bearers These papers and a lot of Those who will address state. for removal of Desai, but he was the SC, but the apex court permitted Desai was caught red-handed al- said that while the Congress will others will be presented and the conference include dis- SCOPE, which runs on a slapped with a penalty of Rs 10,000 for the NGO to make a representation be- legedly accepting bribe for giving make all efforts to target the gov- discussed at the interna- tinguished speakers from public-private partnership frivolous litigation. Last year, the pet- fore an appropriate authority, which sanction to start a medical college, ernment and highlight the issue tional conference on En- India and abroad, represen- model, has a network of itioner sought HC directions to the is the governor in this case, for she is and later he was also booked for hav- of corruption which it has been glish being organized by the tatives from industry, cor- more than 400 centers university authorities to disqualify the chancellor of the university. ing property disproportionate to his harping on, the BJP is likely to Society for Creation of Op- porate house leaders, facul- through five zonal partners Desai on the ground that with his ar- PBT has, therefore, come up with known sources of income. come up with some important an- portunity through Profi- ty members and teachers. for the purpose of provid- rest on corruption charges, his li- another PIL stating that two represen- He has been facing trial in a CBI nouncements keeping in view the ciency in English (SCOPE). The UK’s Cambridge ing English language train- cence to practice got cancelled. tations were made before the gover- court in Delhi since. forthcoming election. The two-day conference, be- University, which is the as- ing to candidates.