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Political barbs fly over Nirav’s case
On Wednesday, Thipsay made a statement on the legal nuances under Indian law around the inadmissibility of some police statements in the case against Modi as well as the definition of deception under Indian law.
The Bharatiya Janata party (BJP) said on Thursday that a deposition by a former high court judge, Abhay Thipsay ,in the Nirav Modi extradition trial in London showed the Congress was trying to shield the fugitive diamond merchant, wanted in India in connection with a financial fraud at Punjab National Bank (PNB).
On Wednesday, Thipsay made a statement on the legal nuances under Indian law around the inadmissibility of some police statements in the case against Modi as well as the definition of deception under Indian law.
Reacting to Thipsay’s comments, Union law minister Ravi Shankar Prasad said his statement was legally untenable. “A retired judge is giving a judicial certificate; his opinion is legally unsound. This is an attempt to give a misleading defence of a questionable legal variety and we are confident that the legal process will not be affected,” he told reporters through a web conference.
Prasad also alleged that the former judge was a member of the Congress party, and it was during the tenure of the Congress-led United Progressive Alliance (UPA)’s two terms in office that loans to Modi and his uncle Mehul Choksi’s companies had been sanctioned.
“Who is this judge, Abhay Thipsay?. He’s a retired judge from the Mumbai high court, 10 months prior to his retirement, he was transferred by the SC collegium on administrative grounds to the Allahabad high court.”
“After retirement he joined the Congress party in the presence of Rahul Gandhi, Ashok Gehlot and Ashok Chauhan,” Prasad said. He added that the Congress did not deny its former president Rahul Gandhi’s presence at an event where Modi was present. (The event was held in September 2013).
“His uncle’s company (Choksi) was given benefit when [P] Chidambaram was the finance minister. Geetanjali Exports was given benefits after results of 2014 general elections were announced; a caretaker government took a decision that was questionable,” Prasad said.
The minister said the Indian government was making all efforts to ensure that Modi is extradited.
“When the country is trying to bring him back, and the process is underway, a Congress judge is taking a legally unsustainable stand. The BJP condemns this sinister attempt of the Congress to bail out this criminal,” he said.
When contacted, Justice Thipsay denied that the Congress party has anything to do with his legal opinion.
“I was asked by a legal firm for my opinion as many judges are asked and I was asked if there was a case of deception made out in the first extradition report. It is my opinion that it was not made out and my opinion was shared with Government of India. They also agreed with parts of my opinion so why should there be controversy,’’ he said.
He said that while he was a primary member of the Congress, he wasn’t a part of any of the party’s propaganda machinery. “It’s my job as a legal expert and I get paid for it. I don’t see what it has to do with the party,’’ he said.
The Congress, too, rubbished the allegations, saying advocates had a right to appear for their clients.
“#lawministers know right of advocates 2appear 4clients which cnot b trifled with. #Thipsay gave evidence in UK court which he has right 2do wo dictation by BJP,” party spokesperson Abhishek Manu Singhvi tweeted.
