The 3,055-page document covers volume of evidence, witness statements, but motive remains elusive
The Mumbai crime branch on Saturday filed a charge sheet against 10 arrested and two wanted persons in the J. Dey murder case.
While the 3,055-page document covers a volume of evidence, witness statements and confessions, the murder motive still remains elusive. A supplementary charge sheet would be filed at a later date against journalist Jigna Vora, eleventh accused in the case, who was arrested on November 25. A pro forma attached to the charge sheet mentions her as an arrested accused.
Though the police have not “ascribed a motive,” in the sanction order for the Maharashtra Control of Organised Crime Act (MCOCA), they have referred to two articles written by Mr. Dey. These articles perceptibly “hurt” gangster Chhota Rajan, Joint Commissioner of Police (Crime) Himanshu Roy told a press conference here on Saturday.
On May 30 this year, Mr. Dey, a Mid Day journalist, wrote an article titled: Did Rajan plan hit on Kaskar? where he said, ‘sources believe the ageing gangster may have plotted the shooting as a desperate attempt to seize a lion's share of the underworld pie.'
A second article appeared on June 2, titled: Rajan gangsters off to ‘pilgrimages' — ‘Cops say many Rajan gang members are missing from their hideouts in the city.'
Both the articles and especially the attribute “ageing” painted a rather unflattering portrait of Rajan as a gangster whose clout was waning.
“That's what Chhota Rajan has himself said in television interviews. He has always been saying J. Dey was writing against him. We have not ascribed a motive, but it's our logical conclusion that this was one of the reasons [for the murder],” Mr. Roy said.
“Such articles,” states the sanction order, “had the potential to negatively affect the gang leader's illegal activities of extortion, collection of protection money and other advantages. Hence, this crime was also committed to establish that Chhota Rajan still continues with his nefarious and illegal activities and with a view to retaining his supremacy in the underworld. And also to send a message across to other journalists about the imminent consequences that they could face in the event of any future attempt to portray him in a bad light.”
Mr. Roy said the motive “is not legally necessary for us to say or prove. Since Rajan is not available for interrogation, we have relied on what the other accused have told us. Now with Jigna Vora in police custody, we will have more clarity when we file the supplementary charge sheet.”
The charge sheet is divided into three parts. The first part contains formal evidence — panchanama records, ballistics, forensic and chemical analysis, inquest reports, and medical and test identification parade records.
The second part contains witness statements and confessions. Mr. Roy said 176 witnesses have been examined. Some statements have been recorded under section 164 of Criminal Procedure Code (CrPC).
Many journalists are also among the witnesses. Three of the ten accused — Arun Dake, Paulson Joseph and Deepak Sisodia — have given their confession statements under the MCOCA. The third part, also the largest, contains printouts of mobile phone records. Mr. Roy said the police relied heavily on this technical evidence.
“We have phone records of accused talking to each other before and after the commission of crime, their locations, numbers Rajan used to communicate and intercepts of conversations between Rajan and some of the accused.”
Asked if the numbers Rajan used to speak to other accused and Ms. Vora matched, Mr. Roy said, “Yes.”
Ms. Vora also finds a mention in their conversations, he said.
The prosecution is learnt to have submitted data for 1,600 seconds of conversation culled from 14 audio clips — 12 before and two after the murder. The modus operandi of the accused was to subscribe to international service providers to escape scrutiny of the Indian agencies.
The 10 accused against whom the charge sheet was filed are: Rohee Thangappan Joseph alias Satish Kalya, Abhijeet Kasharam Shinde, Arun Janardan Dake, Sachin Suresh Gaikwad, Anil Bhanudas Waghmode, Nilesh Narayan Shedge alias Bablu, Mangesh Damodar Agawane, Vinod Asrani, Paulson Joseph and Deepak Sisodia.
Nain Singh Bisht and Rajan are wanted in the case.
A warrant for their arrest was issued in July, special public prosecutor Dilip Shah said. Kalya was the shooter who was riding pillion on the bike driven by Dake. He used a .32 revolver to kill Mr. Dey. Paulson supplied money and global roaming SIM cards to the accused at the instance of Rajan. Bisht and Sisodia supplied the weapon. Asrani identified Mr. Dey to two of the accused at Uma Palace Bar in suburban Mulund.
The accused have been chargesheeted under sections 302 (murder), 34 (common intention), 120B (criminal conspiracy) and 201 (causing disappearance of evidence of offence, or giving false information to screen offender) of the India Penal Code. Section 3 (licence for acquisition and possession of firearms and ammunition) read with sections 25 and 27 (pertaining to violation of license condition for firearms) of the Arms Act has been invoked against Kalya, the shooter.
Charges of organised crime under Section 3 and its subsections of MCOCA; and sections of the Bombay Police Act have been pressed on all the accused. There are at least two previous charge sheets against three accused —Kalya, Chembur and Rajan.
Murtaza Diwan
A man named Murtaza Diwan, who on Friday moved the court claiming to have mobile phones and SIM cards of Ms. Vora, withdrew his application on Saturday. Mr. Roy said he would be summoned for questioning.
The police said Ms. Vora on Saturday denied having given her phones to Murtaza.
The prosecution told the court that investigation against Ms. Vora was on. It sought the court's permission to keep witness statements recorded by the magistrate and confessions by three accused secret. Truncated copies of the charge sheet will be served to the accused in the jail.
