India | Updated Dec 25, 2009 at 09:02pm IST

I was flabbergasted at judgement: Lawyer

CNN-IBN

Ruchika's family lawyer, Pankaj Bhardwaj, who has been handling the case right from the beginning and has also represented the complaints in the High Court is fighting for justice. Pankaj Bhardwaj spoke to CNN-IBN's Jyoti Kamal about what has happened to so far, and what he hopes to do in future.

CNN IBN: What went wrong in the case in terms of abetment to suicide charge that was labelled against then DGP SP Singh Rathore?

Pankaj Bhardwaj: The investigation of this case was ordered to be handed over to CBI. The officer in the rank of DIG was deployed to look into everything. Inspite and despite of his best efforts and inspite of the fact that we have provided all the relevant material which clearly show that it is a case of abetment to suicide under 306, the CBI did not chargesheet Rathore under 306. Then we were constrained to move an application before the court saying that 306 should be added. Though 306 was added on the application, unfortunately for us it was dropped again.

CNN IBN: What were the other reasons and who were the people involved in this judgment taking decision?

Pankaj Bhardwaj: It was on the High Court's orders. I can't say who were the people involved, but yes, one thing is sure that the magistrate's order was very categorical and he very clearly wrote: 'I'm very surprised and asked why the CBI had turned a blind eye towards the statement of the witness?' This clearly shows that the girl was pushed towards suicide.

CNN IBN: Do you see the charge been added in the near future?

Pankaj Bhardwaj: Yes, certainly. Now we are going to the Supreme Court and if the Supreme Court now gives us an opportunity and takes this matter as the exceptional case then certainly we have a chance.

CNN IBN: As you know the maximum punishment one can possibly get is two years. He (Rathore) has got six months and was even bailed out on the very first day. It's essentially, a punishment on papers- that what the family is also saying. In case this charge is added on what is it that one can see in terms of the maximum possible punishment that can be given out?

Pankaj Bhardwaj: Under 306 maximum punishment provided under the law is 10 years. If that happens, I would request the court to let it be a exceptional case, let it be heard on day- to-day basis. If that happens then within no time the judgment will be there. If he is not guilty or if he plead that he is innocent then it will come out.

CNN IBN: It's a case that you have been following right from the beginning as you went through the proceedings, you must have seen that the number of charges were labeled even by DGP, SP Singh Rathore is saying that they are asking for money and in fact that somebody was involved and even Anant Prakash has been involved in set up when he was SP. Now after all that allegations, do you found any merit on any of those allegations that were labeled?

Pankaj Bhardwaj: No, there had been no any merits. He (Rathore) was just trying to regal out of the case and by making all this false and frivolous allegations which they labeled against everybody. There were two cases where even I was made a party. So that was only an attempt to dislodge the girl and the family and the people who are pursuing it.

CNN IBN: Was that pressure that has been exerted by politicians in this case?

Pankaj Bhardwaj: Certainly. If you see the then DGP Mr RR Singh - I heard him yesterday (Thursday) - he said inspite and despite, I gave a report in 15 days. Yet the FIR was not lodged. What more pressure could there be? The head of the state is saying that an offence is committed and FIR should be lodged, but nothing was done.

CNN IBN: In fact in Ashu's (Ruchika's brother) case, six of the cases had been registered by one SI. Do you see any kind of game plan behind that happening?

Pankaj Bhardwaj: Certainly. It was only at the behest of this gentleman because when - if you go through his affidavit -he clearly writes that 'I was treated more like an animal and a dog and I was only taken out of the cage to pressurise my family'. What kind of evidence is required in front of a line like this?

CNN IBN: There was an allegation labeled by Rathore that he has a tape in which SC Girhotra is asking for money. Later Rathore said Girhotra's son was also asking for money and there was some confusion over all of this. Was that tape ever taken into account?

Pankaj Bhardwaj: No. In fact there is nothing like that. He tried to play everything and he did everything in order to push the girl into committing suicide. It was only an attempt, so that he could make a position, make something out of nothing. Otherwise there was nothing.

CNN IBN: What was your conviction at this point of time?

Pankaj Bhardwaj: I am very sure that he will be convicted under 306 and the Supreme Court will take it up as an exceptional case and ultimately we will get justice.

CNN IBN: From your perspective, what is going to be the timeline and how you are going to proceed in the case?

Pankaj Bhardwaj: We are preparing to take the matter to the Supreme Court but there are a few holidays right now. Immediately after the Supreme Court opens we are going to go there and we are very clear about what we want. We are going to request the court for the sake of - not just for the departed soul - but for other people who have lot of trust in the system. Other people should not feel that they have been left high and dry. If they do, nobody will fight for justice because if we want order, man should have faith in the system.

CNN IBN: When the abetment to suicide charge was dropped were you surprised?

Pankaj Bhardwaj: I was flabbergasted to see how the High Court judge can do this but yes, this is a part of a system and again we can't do anything.

CNN IBN: Were there were any witnesses that were brought forth, who could have influenced that particular judgment?

Pankaj Bhardwaj: I'm not really aware of the what went into that case behind me. I am only clear that yes, there is so much evidence which the court didn't take into account and then gave us a contrary judgement.

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