Khairlanji: Court Proceedings on 21st July ’08

22Jul08

As already scheduled , today was the date for the important stage of trial i.e. Arguments.But the court looks deserted even at 11:15 P.M. Slowly 3-4 local dalit activists along with Bhaiyyalal Bhotmange and his security guard  and two activists from Nagpur  arrive in the court. Later , the defence lawyers , Adv.Khandewale, Adv. Jaiswal , Adv. Bedarkar reach the court. They are seen with the loads of  papers.At about 12 in the noon the C.B.I.lawyer , Adv.Ezaz Khan arrive in the court. Then Adv.Khan submits a paper to the Hon.Judge S.S.Das . The the court’s proceedings begins.

Judge: Adv.Khan , the application you submitted is not addressed to me .

Adv.Khan : Sir , the special public prosecutor Adv.Nikma had faxed me this letter saying that the court be adjourned since he is experiencing sudden illness.

Judge:  But how can I take the decision unless the application is addressed to me?

Adv.Khan : Sir , this was to apprise you about the condition of the prosecution.

Judge: O.K. Then go on. I am appraised of the situation.

Adv.Khan: But Sir, I also request the Hon.court to adjourn the court due to  his absence.

Judge: I have already set aside the period of 7 days exclusively for this case. Neverthless , give me your request in writing.

Adv.Khan : Sir for that I will require a break of 15-20 minutes for writing the application as well as to call Mr. Nikam to tell them the current situation in the court .

Judge: O.K. The court is adjourned for 20 minutes.

(Everybody comes out of the court .Adv.Khan is seen talking on the phone & then writing the application. After 20 minutes the defence and prosecution are called in the court.)

Judge: What the defence has to say on the request.

Adv.Jaiswal : We have no objection, Sir.

Judge: Adv.Khan have you prepared for the arguments?

Adv.Khan : Yes sir, I have.

Judge: But I have given you sufficient time of more than 3 weeks.

( The C.B.I. lawyer looks sullen.Then Hon. Judge suddenly calls Bhaiyyala Bhotmange  who is sitting in the rear chairs of the courtroom to come forward .)

Judge: Bhaiyyalalji , do you want this case to continue?

Bhaiyyal Bhotmange: Yes, Sir I want this case to continue.

( Then he starts dictating his order to the stenographer in which it is said that on wireless the message was received from the special  public prosecutor , Adv.Ujwal Nikam that he is not able to come the court since he is not well.So , the court be adjourned . But I had cancelled all other hearings and have reserved the time exclusively for the case of Khairlanji. The other prosecutor Adv.Khan had examined many of the witnesses.In the situation like this, it is expected that Adv.Khan should come forward and help the court to arrive at justice.In the last session Adv.Nikam had asked for one month’s adjournment. But since it was unreasonable, the period of adjournment was brought down to 3 weeks’ time and it was clarified that time that more adjournments will not be allowed. Now , after 22days , the eventuality occurred. But in this case , further adjournment will delay the matter and ultimately  , the Justice.!)

Judge: Adv.Khan , I have rejected your application of adjournment.

(Adv.Khan obliges,asks again a break of 5 minutes. The court after , dispersal again re-assembles after  5 minutes. Adv.Khan then begins his arguments)

To Be continued……



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