CBI Special Prosecutor Bharat B Badami presents the first part of his arguments countering Peter Mukerjea's November 2018 bail plea.
In a setback to Maharashtra's former Chief Minister Ashok Chavan, a special court on Saturday rejected the Central Bureau of Investigation's plea to drop his name from the list of accused in the Adarsh scam case.
The lesson Waghmare sternly received on Monday from CBI Investigating Officer K K Singh and CBI Prosecutor Bharat Badami about the way a witness must answer questions from the defence seemed to have had only a marginal effect on him. On Tuesday the timid former office boy still chose, unpredictably and remarkably, to answer many a question in the manner of his choosing. He told the room categorically that he had asked Indrani's former secretary Kajal Sharma not to forge Sheena Bora's signature on her resignation letter.
Clusters of policemen and television journalists alertly anticipated the arrival of Mumbai's joint commissioner of police, who, it was confirmed by most people I asked, does not visit court often. No one could remember when they had last heard of Deven Bharti appearing as a witness in a murder trial.
And while the owner of the Chevrolet, which held Sheena's remains, will be examined on October 16 in Judge Jagdale's court, it is Indrani's response to the prosecution's reply to her bail application that will be the focus of everyone's attention.
Maharashtra former chief minister Ashok Chavan, charge-sheeted in the Adarsh scam, on Wednesday looked set to be let off the hook, with the Central Bureau of Investigation moving a special court seeking approval to drop his name as an accused in the case following governor's refusal to sanction his prosecution.
The Central Bureau of Investigation was on Friday directed by a special court in Mumbai to begin arguments on framing of charges in the sensational Sheena Bora murder case from the next date of hearing due in mid-September with the judge saying he will "expedite" the trial.
Judge Jagdale, with a severe expression shadowing his face, looked sharply at Manoj Patil, Airtel's nodal officer, and told him plainly: "It is difficult to digest what you are saying (about) giving call data, but not giving call timings and durations."
Ever since Mekhail had first entered the courtroom, he had, it would seem, never once looked at his mother, though they were a few metres away from each other. Curiosity, residual regard, memories, anger, none of it, could make him even look at the woman who gave birth to him. Was his hatred so overpowering?
Tuesday was the last that Courtroom 51 saw of Shyamvar Rai, accused No 3 and approver in the Sheena Bora murder trial. True to form, Rai's final hours in the witness box were rather acrimonious. His cross-examination at several points turned downright ugly.
'With folded hands, on humanitarian grounds, if she can get temporary bail on medical grounds so she can get treatment.' 'If she dies, the whole trial gets derailed.'
'I am an old man. 64 years... Never used influence.' 'I am not a politician or a criminal. What influence?' 'Retired. I could not protect myself even (from fabricated charges)?' 'Have no money now either.' 'I don't want to die in custody in disrepute.'
'Could the Khar police and the CBI have tinkered with the driver's call data records?' 'And did their fiddling with the information not make it that they were tampering with the lives of people that were in the balance as a result of this case?'
Indrani exclaimed excitedly, her face lighting up like a little girl's: "I know him soo0o well." Sanjeev Khanna, Accused No 2, jokingly suggested to Badami: "Influencing the witness!" Badami retorted good humouredly: "She can't influence witnesses. She can only influence you and Peter."
as the trial proceeds, Peter is beginning to look more and more haggard while Indrani by contrast is blossoming. Khanna appeared exhausted and more down and out than usual at this hearing.
Ever since Indrani's bail plea was denied by the judge her security has been stepped up. The message was clear. If she felt that unsafe she could get all the security she needed. But in jail she stayed.
'I returned to jail at 4.45. I was body searched and sent back to my cell.' 'A bowl of dal was kept there covered.' 'Another guard gave me a tablet and I became unconscious.' Accused One spoke about a similar incident happening to her in October 2015 and also with a bowl of dal.
Indrani is easily the most striking woman arriving in the court complex from jail on trial days. For those who don't know who she is, there is absurd puzzlement written large on faces when they bump into her. When she reaches or leaves the premises, one notices heads swivelling in jaw-dropping curiosity, as did a pair of transsexual undertrials who crossed her path at the last hearing of 2018, who were, not surprisingly, a less unusual sight than Indrani.
'People wondered aloud why she had given up on the aging, getting-day-by-day-more-infirm avatar. And was freshly blooming.'
When Sheena got down from his car on the evening of April 24, 2012, Rahul says she told him, "Bye. Love you. See you later."
Peter told Judge Jagdale that there was only jewellery in the locker -- some of it that he had "gifted to my wife" and some that "she had received" at the time of their marriage, that the CBI had already inspected the locker in his presence and were aware of what was there.
More noticeable than the hue of his shirt was his mast style in the witness box. He seemed to be reinventing the truth every few minutes. He yarned on and on, navigating his testimony further and further away from the facts, but he never lost his aplomb.
Singh and Badami subsequently took Waghmare to a corner of the corridor outside, where others have no access, and gave him a lecture. The conversation was largely inaudible, except for a phrase here or there. The thrust was unmistakable. Waghmare had to learn not to give such detailed answers to the defence.
How much more gray or bald would Inspector Alaknure have become when we see him next? Will Peter still be wearing white shirts and khaki trousers and eating large lunches? Will Judge Jagdale be still in charge of the case? Who will be the prime minister when Alaknure appears in court next?
Maruti Warke's basic understanding illustrated how far outside the system most less privileged Indians are -- simple, innocent people barely but admirably eking out an existence, with almost no knowledge of their surroundings or owning even the basic smarts to go about life. The same people who instinctively and often astutely vote governments into and out of office in New Delhi without knowing the entire reality of this country. The folks who are actually the essence of India.
A mere pair of shoes sets off the kind of harsh condemnation Indrani draws in these corridors of justice. That she being a woman who killed her daughter -- never mind that she is an undertrial and the crime has not yet been proven -- apart from making her an object of curiosity, also makes her, by perception, more evil than the men that flood these corridors, facing trial for similar or worse crimes.
He is, at the closing of 2018, a man quite different from the Peter Mukerjea who entered judicial custody three-and-a-half years ago. He is a man not yet convicted of a crime, but already suffering for it, like the hundreds that enter these courts every day and the thousands Peter shares jail space with in a central Mumbai prison.
That answer, the strangest of all till date in this courtroom, set off a ripple of excitement, surprise and muted amusement among those present, including Accused No 1 Indrani Mukerjea.
She continued to cry, harder, feebly dabbed her eyes with the handkerchief she had received, and declared painfully: "He is hurting my emotions!"
As he was giving evidence, Dr Matcheswalla peremptorily summoned the CBI representative over to the witness box and whispered something. Indrani Mukerjea's advocate Sudeep Pasbola immediately cut in, wondering what he was up to: "Please, please, please." Dr Matcheswalla, looking innocently startled, said: "I was asking if I can order for tea."
Trepidation made its home firmly on his face on Thursday, announcing its presence with lines of anxiety and the repeated jumpy widening of his eyes.
Much to his surprise, Peter finds Sanjeev indicating he should sit in the middle, next to Indrani. This spot is normally occupied by Sanjeev, Indrani's former husband, who has probably found himself a willy-nilly barrier between the warring couple. The Mukerjeas, clearly, had matters to discuss.
On Thursday, Indrani will be obligated to change into the green uniform sari she receives visitors in, as per jail rules, and meet the gentlemen from the income tax department. She may also at some point on Thursday video conference with Delhi in the INX Media-Karti Chidambaram case where she might become an approver.
'If I have to write a letter I will give it to the media. They will put it out.'
Over the weekend and Labour Day, a change seemed to have come over the former secretary and her memory had all but deserted her. Not unexpectedly, Kajal Sharma had lost much of her exactness. Her vocabulary had shrivelled to four or five words.
'Not only will Peter, Indrani, Sanjeev be making twice monthly trips to the sessions court for many years, so will their family, their lawyers and the journalists covering the case, becoming almost like bittersweet friends, as large portions of their lives play out there.'
'After Indrani's arrest did you go to the police and say I did this kind of forgery?'
TRPs have a better affinity for Karti Chidambaram and his alleged timely assistance to INX Media, the company Peter and Indrani once ran, than the more recent murder of a 25-year-old woman.
Indrani and Peter Mukerjea seemed more at ease on Wednesday, maybe with the INX Media interrogation over temporarily, chatting cheerfully and easily amongst themselves, and with former husband Sanjeev Khanna, at the back of the courtroom, in the accused enclosure.
Though on the face of it appeared Pasbola was asking a series of odd questions that would be difficult for anyone to answer, there was, it gradually emerged, it seemed, a method to the questioning. Somehow, somewhere instinctively, Pasbola knew there was something not right with Riyaz's account.
