Behind Bars in Byculla
Page 14
Four reporters had recorded their statements in the charge sheet. Their names had been masked with white ink so that I would not attempt to influence them during the trial. I tried figuring out the names by reading their statement.
The first reporter had received a call from Chhota Rajan on 30 June 2011, in which Chhota Rajan claimed responsibility for J. Dey’s murder. Chhota Rajan had explained that J. Dey had turned traitor and was spying for Dawood Ibrahim, and thus, he had been eliminated. There was nothing incriminating against me in this statement. I figured this reporter was Sunil Singh of NDTV.
The second statement was recorded by Jitendra Dikshit of Star News (later ABP). This call happened on 16 November 2011, and the conversation was not too different from the first. Again, there was no mention of my name.
Apparently, Chhota Rajan had called the third reporter around the first week of September 2011, when the same story had been repeated, but the reporter had asked Chhota Rajan if someone had provided him with the registration number of J. Dey’s bike, photograph and addresses. Chhota Rajan merely said that one of his acquaintances had sent those details, and hung up. Then, allegedly, Chhota Rajan had called him again after two days and said that Jigna Vora had provided the mentioned details that had helped J. Dey’s killers identify their victim.
It was easy for me to figure out statements from Sunil Singh and Jitendra Dikshit because their interviews with Chhota Rajan were available in the public domain. To identify the third witness, I checked the CDRs of the witnesses to make a logical connection. No reporter had a direct line to Chhota Rajan. If an interview or conversation had to be scheduled, the reporter would have to connect to an intermediary known to Chhota Rajan, and then Chhota Rajan would call the reporter at a scheduled time from a VOIP number that ended in 444 or 441. It took me two long nights, but I found the mobile number that had received such a call in the first week of September. The number belonged to Aariz Chandra, who worked for Aaj Tak. Aariz I thought had turned sour because he had once asked me for the letters that Monica Bedi had written to Abu Salem, but I had politely refused for professional reasons. Since that day, it had felt like a cold war had started between us. I noted this down for Jayesh to bring up as an argument for my case.
Case no: RC1(S)-2016-SCU-V-SC-II-CBI-New Delhi
Original case no: 19-2012
Aariz Chandra’s statement given to CBI on 29-03-2016 as under Section 161 of Cr.PC:
I am as above. I shifted in above address with my mother and sister only last month. I am graduate of Mumbai University and working as News reporter. I am employed as a senior correspondent with the hindi news channel viz Aaj tak. I am tasked with collection of information regarding criminal activities in Mumbai and to submit this news items in the office. I know almost all the reporters from all print media and electronic media in Mumbai area. While I was working with the sahara news channel I got acquainted with senior correspondent Mr. Jyotirmay Dey. He had a very good knowledge of underworld crime in Mumbai. While exchanging news information we became friends.
On 11-06-2011, I had weekly off and while I was at home, I received a call from reporter friend that there was a firing on Mr. dey at Powai and he got killed. Thereafter on 12-06-2011, I attended the funeral of Mr. Dey at Rajawadi crematorium. On 25-06-2011 Crime Branch Mumbai arrested some of the accused persons in connection with the above crime and held press conference I attended the same. In the said press conference police claimed that on the instructions of Chhota Rajan his associates from the gang had killed Mr. dey
I further state that some time in the last week of August or first week of September, in the afternoon, I received a phone call on my mobile phone number 98******44 from number +3444. As I picked up the call the caller said ‘I am Nana calling. I knew that in the underworld Chhota Rajan is known by the nickname as ‘Nana’. So also I had heard Chhota Rajan’s interview on the TV and identified the caller to be Chhota Rajan. As such I realized that the caller was Chhota Rajan himself and replied, ‘Yes nana speak.’ Thereafter Chhota Rajan said that, ‘he wanted to inform that J. Dey was not a nice person. He became friendly with D company. He had betrayed me. He had published misleading news about me. I was called to meet him in London, but my Dubai based contact informed me that there could be threat to my life, as such I did not go. Thereafter he called me to Phillippines. But I had my doubts, hence I got him killed. I told Chhota Rajan ‘killing him was not the solution’. On this he quipped that ‘he was conniving with the traitors and providing them my information.’ Thereafter I asked Chhota Rajan as to who gave him details, address and motorcycle number of JDey. On this he replied ‘he was provided this information by his men’. He also said ‘D’ company had a hand in July blast in Mumbai. I have conveyed this information to police through my sources. I asked him whether he would give interview on this issue, to which he said ‘the information is being worked out, I would call later on.’ So saying he disconnected the call.
Next day again in the evening between 1800 hrs–1900 hrs, I received a call from +3444, caller from the other side said ‘I am Nana calling.’ I immediately recognized the voice as that of Chhota Rajan and replied ‘Nana speak up.’ Chhota rajan then said as ‘as Jdey was working hand in glove with the traitors, I had killed him, I was provided with the details by Jigna Vora through mails, jigna vore had given information of Jdey’s motorcycle, photograph, phone numbers and residential address through emails, I again asked him whether he would like to give interview about this. He declined and disconnected the call.
Apart from above, I also want to add that except this interview, Chhota Rajan never interviewed by me. I don’t have his numbers, the calls were originated from him only. I don’t know from whom he got my mobile number, I did not record this interview and also this interview was not aired because before this he had already told this to many reporters and some of them even aired the same on TV.
The statement was over and explained to me in Hindi and found to be correctly recorded.
The last statement in the charge sheet was from Nikhil Dixit, who was very close to J. Dey and had even performed his last rites. He had allegedly received a call from Chhota Rajan, in which no mention was made about me. But apparently, when Nikhil was learning the ropes of investigative journalism, J. Dey had spoken of a professional rivalry that existed between him and me. The evidence of this was an SMS sent in Marathi, allegedly from me to J. Dey, which J. Dey had shown to Nikhil. The message read, ‘Tu swatala shana samajhto kaay’ (‘You think you are too smart?’).
I made a counter-argument that I was a Gujarati and J. Dey was a Bengali. Both of us were working for English newspapers. Why would I send him an SMS in Marathi?
Then there was a statement from a certain Manoj Shivdasani. He had received a call from Chhota Rajan on 2 August 2011, which was tracked by the police. The transcript of this call was available in the charge sheet. Here, Chhota Rajan lamented that Vinod Chembur had been arrested in the case for identifying J. Dey to his murderers. And then Chhota Rajan claimed that I had complained to him about J. Dey multiple times.
Transcripts as filed in charge sheet.
Date: 4 August 2011. Time: 14.20.10
Manoj: Hello
Chhota Rajan: Haan Manoj
Manoj: Ha
Chhota Rajan: Kya haal hai raja? Uss din cut ho gaiya
Manoj: Haan, haan abhi iska tabiyat thik nahi hai, tabiyat toh thik nahi hai abhi uska bhi, Vinod ka
Chhota Rajan: Kya karega raja, bahut taklifwalli, yeh toh khota phas gaiya
Manoj: Haan
Chhota Rajan: Galat phas gaiya aur who bhi bhenchod, who bhi koi saav nahi tha, who bhi haramipaana who bhi samnewale k liye kaam karta tha dawood k liye ISI k liye
Manoj: Acha acha
Chhota Rajan: Galat galat baatein apne liye . . . likhta tha aur kafi iske matlab jo inke editor log bhi patrakar log bhi iske against kafi the
Manoj: Hmmm . . . mmm
Chhota Rajan: Kafi log iske against bolte the, who ky
a iska naam who ladki bhi phone kar k mereko bolti thi yeh gadar hai
Manoj: Acha
Chhota Rajan: Who Jigna vora kon hai na
Manoj: Woh malum nahi
Chhota Rajan: Woh hai na
Manoj: Haan haan
Chhota Rajan: Who kafi log matlab iske against the, who jigna vora ghadi ghadi bolti thi, who aisa hai, who waisa hai matlab samnewale k touch main hai na
Manoj: Acha acha
Chhota Rajan: Toh mai jaane ka koi matlab tha nahi, phir Phillipines bula raha tha aur gal matlab chalo koi level hoti hai bhai matlab ek insaan
Manoj: Hu . . . hu . . .
Chhota Rajan: Patrakar hai kuch likh te hai, matlab who toh main bhi samajta hu na
Manoj: Haan haan
Chhota Rajan: But kisi k liye kaam kare aur kisi k lie ekdum hi galat tarike se niche utar k bole toh who galat hai na
Manoj: Thik hai
Chhota Rajan: . . . Matlab kya hai halat bura hai, matlab bahut taklif ho gayi actually matlab na
Manoj: Haan
Chhota Rajan: Yeh khota phas gaiya hai, khota
Manoj: Haan
Chhota Rajan: Tha lena dena kuch nahi iska
Manoj: Haan who toh hai, tabiyat bahut kharab hai
Chhota Rajan: . . . Tabiyat toh bechare ki bahut wohi mere ko bahut bura lag raha hai na, ki kya kare matlab na? aisa phas gaiya thik hai dekhte hai raja koshish karo aur kya?
Manoj: Ok
Chhota Rajan: Ok
Manoj Shivdasani’s statement was recorded in the presence of a magistrate under Section 164 of Cr.PC. In his statement, he alleged that Chhota Rajan had also told him about receiving an email from Jigna Vora with J. Dey’s photograph, bike registration number and addresses. However, there was no such record in the transcript of the only conversation between Shivdasani and Chhota Rajan. It clearly implied that Shivdasani’s testimony was false.
In the charge sheet, there was a letter from Senior Police Inspector Sripad Kale addressed to Deven Bharati, additional commissioner, crime. This letter was written on 1 August 2011. Kale had requested Bharati for permission to put a number under surveillance as the number belonged to a certain ‘Raj’ who was using it for making threatening calls. This number was the same as the one used by Shivdasani to speak with Chhota Rajan. Now, such a permission could only be granted by a DIG-level officer, or by the additional chief secretary, home. But the police had recorded that call the very next day and the letter was written only later, which actually made the tapping illegal.
There was no forensic lab report in the charge sheet. Public Prosecutor Raja Thakare had advised the court that the FSL report would be made available as soon as the forensic investigations are complete.
To debunk the theory that I instigated Chhota Rajan to murder J. Dey, I noted that my only conversation with Chhota Rajan happened on 25 May 2011, which was an interview given to my newspaper over the Pakmodiya Street shoot-out. Chhota Rajan had claimed responsibility for this incident, and cited the example of his ‘patriotic don’ image. He was particularly vocal about conducting an operation in Dawood Ibrahim’s area.
Now, to support the instigation theory, the Crime Branch claimed that on 30 June 2011, I had allegedly emailed two articles to Chhota Rajan. J. Dey had written these articles to highlight Chhota Rajan’s diminishing influence in the underworld, which, according to them, instigated the don to eliminate the reporter who was bad-mouthing him. But no conversation had taken place between Chhota Rajan and me after the interview I had conducted with him. Also, the first charge sheet that the police filed against the ten accused had contained a confession of accused Arun Dhake. Dhake had confessed that the gun used in J. Dey’s murder was procured in Nainital, from one Deepak Sisodia, around 8 May 2011. The shooters had returned to the city on 19 May 2011. So, the conspiracy to murder had already been hatched way before I could instigate Chhota Rajan on 30 June 2011, even if that was true.
For the sake of argument, let’s assume that Chhota Rajan had a change of heart after 19 May 2011 and he had dropped the idea to kill J. Dey, but then my alleged emails on 30 June 2011 instigated him to go ahead with the original plan. Even in this case, there were no records, no emails or phone calls or any kind of contact established between Chhota Rajan and me after 25 May 2011. So how could I have instigated him?
When Jayesh came to meet me in Byculla Jail, I had all my counter-arguments ready. Diligently, I dictated each of these points to him, which he jotted down in his black diary. He was convinced we were on the right track. The FSL report was still a loose end, and I feared that the police would try to manipulate it. Jayesh suggested that we engage the services of a senior counsel to apply for bail. It would involve a hefty fee, but Sudeep Pasbola would be the senior advocate who would fight to get me out of jail.
21
CHEATS
Jo Sat Baar Paath Kar Koi, Chhutahi Bandi Maha Sukh Hoi. Whoever recites this Hanuman Chalisa 100 times daily for 100 days is freed from the bondages of life and death, and enjoys eternal bliss.
My aunt believed the Hanuman Chalisa would form a protective kavach (armour) around me in jail. The hymn proved to be a great source of strength during my ordeal. Around 3.30 p.m. every day, I would sit by the veranda and chant these lines with vigour. A huge tree stood in the compound, which was some distance away, but I could not recognize its variety. The leaves on its branches had withered away. The tree was just like me. Once it had been filled with life, but now it was barren. The seeds of spirituality made me understand that these cycles of degeneration would be followed by regeneration, and my life would also be restored in the same manner. Other inmates started following my lead and would join me at the veranda to recite their prayers every day. I often thought of us as birds who flocked together in the hope of flying away from this cage.
Byculla Jail could turn the staunchest sceptics into believers. I come from a Vaishnava family. We are followers of Lord Krishna, and members of the Krishna Panth sect. When I was young, my grandmother never allowed me to visit a Shiva temple because I wasn’t married then. I had never recited the Hanuman Chalisa at home because Hanumanji is a brahmachari. But in jail, I broke all the rules that my grandmother had implemented so strictly and sought divine assistance from Hanumanji.
*
Certain inmates were entitled to hot water for a bath, and Paromita would keep a mug of water from this bucket stored in her thermos to make some coffee later in the day. One morning, she called me over and handed me a cup of Nescafe.
‘Jigna,’ she said. ‘You should chant the mantra of Bagalamukhi Devi.’
She understood from the look on my face that I had not heard of the deity yet. But I was prepared to do anything that could secure my release. Before my arrest, I remembered laughing at a news story that Sheena Bora, who was accused in a high-profile murder case, had performed a maun vrat. Now, I was doing all the same things, and none of it seemed ludicrous.
‘What is the procedure for that mantra?’ I asked.
‘Read it eleven times a day. But be extremely careful,’ Paromita said. ‘Fumbling in the recitation will negate your wishes.’
‘Give me the mantra, please.’
‘I wrote it for Asha Pardeshi, who is lodged in Barrack No. 5. Collect it from her.’
‘Please write it for me now.’
‘I am not in the mood,’ she said, and walked away.
The same afternoon, a woman in her fifties came and sat next to me in the veranda. She was a plump lady, wearing a neatly draped sari. Her hair had greyed, and I had seen her shuffle around on wobbly knees. A blue scarf covered her head.
‘Are you Jigna Vora?’ the woman asked.
I nodded.
‘What are you reading, beta?’
‘Hanuman Chalisa,’ I replied. ‘What are you reciting?’
‘Bagalamukhi Mantra.’
‘Oh,’ I said. ‘Are you Asha Pardeshi from Barrack No. 5?’
‘Yes.’
‘Thank God,’ I exclaimed. ‘Paromita
asked me to get the Bagalamukhi Mantra from you.’
Since Asha knew the mantra by heart, I ran to get a pen and paper from the barrack. I had this irrational fear that Asha would refuse to give me the mantra later, and I would rot in jail for ever. But thankfully, she was still sitting in the veranda when I returned, and I managed to write down the mantra.
*
The cops kept their distance from me due to my journalistic credentials. Neither did they harass me a lot, nor did they allow me a lot of liberty, but it was a fine arrangement that kept me out of trouble. I had never performed puja at home, but every morning in jail I would spend an hour, from 9.30 a.m. to 10.30 a.m., chanting various mantras and invoking the gods. None of the inmates disturbed me during this puja time. A baba had told my grandfather that I should recite ‘Om Namah Shivaya’ for an early release. My grandfather sent me a tulsi mala (necklace of holy basil beads), and I would recite it 108 times in five cycles every day. I would light incense sticks, and pray to Lord Shiva and Lord Krishna. This was the best use of my time, and it helped me connect to my inner self. I also began participating in all religious practices performed in Byculla Jail—even those that crossed the line of superstition or stemmed from other religions. Sometimes, I did not even sip water on nights of the full moon. I learnt to recite a few duas (prayers) from the Muslim inmates. All of this gave me some hope to cling to.