I really apologise if I seem to be giving data in dribbles but that is because I am taking few minutes off from an unusually heavy schedule and trying to understand this case.
I read through the Tamang report (the English translation actually) and found it appalling to put it mildly. The Metropolitan Judge takes it upon himself to prove by Hook or Crook that the encounter was fake. He uses a book, ironically titled ” Modi’s Medical Jurisprudence and Toxicology, 23rd Edition” to analyse complex theories on Post Mortem and Ballistics (Path of Bullets) and Armaments. An explosive and deadly combination! (Apologies for a sick joke).
To quote a gem:
3. I have read the contents of paragraph 21 of the autopsy report wherein under the column “Particulars of stomach and contents found therein”, it is mentioned that “200 mg of semi-digested food was recovered wherein rice can be identified.”
In case of Kananji V/s State of Uttarpradesh as reported in 1977 SCC (Criminal) page no.662 as referred in paragraph no.3 of page 457 of Modi’s Medical Jurisprudence and Toxicology, 23rd Edition, it was the case of prosecution that the accused in the said
case murdered the deceased at 4.00 PM. In the postmortem, semi-digested food was found from stomach of the deceased and the Medical Officer, relying upon the same, deposed in his evidence that the deceased had his meal before three to four hours of his death and the accused were sentenced.” And, in the same book, at page 455 in 3rd paragraph, it has been stated that “in case of Bishweshvar Dhaniram V/s State as reported in 1963(1) Criminal Law Journal page no.645 (Allahabad), the deceased was killed during night and in the postmortem, partially-digested corn was found from the stomach and in that case, it was held proved that the deceased was killed during 10 to 11 PM.”
Therefore, as per the aforesaid principles of medical jurisprudence, looking to the fact that the semi-digested food of about 200 mg. was found from the stomach of the deceased wherein rice was identified, as per finding of my inquiry, it is proved that the deceased had taken meal before three to four hours before his death and in India, in ordinary course, people have their dinner at about 8 PM and accordingly, the deceased had taken his meal at 8-00 PM i.e. before three to four hours before his death and hence it clearly evident in my inquiry according to the principle of Medical Jurisprudence that the deceased died during 11.00 to 12.00 PM on 14-6-04.
There are many such gems. But will quote one more out of the 149 pages just to show how hasty is Judge Tamang to blame the police.
And, apart from this identity card, no purse or handkerchief was found from her, however, in the dickey of the car, black colored ladies purse of the containing 3 napkins wasfound. In fact, any woman who is supposed to travel from Mumbai to Ahmedabad shall, as per nature of a woman, keep her purse and handkerchief in her hands only which was not found from the said deceased and on the contrary it was found from thedickey. No lady would place her purse in the dickey on the backside of the car at any cost when she is traveling from Mumbai to Ahmedabad. Therefore, it is apparent to me in my inquiry that the police had already detained her and as a proof of her identity, took out identity card from her purse and hanged it in her neck and the said purse was placed in the dickey by the police itself.
While it looks odd that girl would travel in the middle of night Hundreds of Kilometers away from her home town wearing a college ID card, it is much more awkward to suggest that an encounter is fake because a lady would not travel without an Handkerchief, so the encounter should be fake.
The Gujarat HC must have realised this and news paper reports suggest that the HC has stayed this report but has also suggested that the Committee formed to enquire into this encounter can consider the report as evidence.
There is a news clipping which is surprising considering the players:
Gujarat HC stays Tamang report on Ishrat encounter
The Gujarat High Court today stayed metropolitan magistrate S P Tamang’s report which had described as fake the police encounter in which alleged terror group operative Ishrat Jahan and three others were killed.
Acting on a a Gujarat government petition seeking a stay on the report, Justice Kalpesh Javheri said the observations made in the report were beyond the jurisdiction of the judicial magistrate.
Justice Javheri also ordered the appropriate authority of the High Court to look into the actions of magistrate Tamang and take necessary action.
The article also goes onto say:
SP named in Ishrat report approaches high court
A police officer named in magistrate S P Tamang’s report which concluded that encounter of Ishrat Jahan and three others was fake, today approached the Gujarat High Court demanding that the report should be declared null and void.