by Ravi Dabral
All five accused were shocked on hearing this from Gulshan.
Khurana said, “Your Honour, Mr. Narang is crossing his limits by highlighting baseless and frivolous facts and evidence which have nothing to do with this case.”
The Judge said, “Mr. Khurana, please listen carefully. Mr. Narang is saying he has evidence and you will be given full opportunity to examine the evidence and to defend your case as per the principles of natural justice. So, don’t worry.”
The Judge said, “Now it is time for lunch break. We will resume the court proceedings after an hour.”
The Judge left the courtroom and proceeded towards his cabin.
There was a lot of whispering in the courtroom about the u-turn in the case and Gulshan’s heroic performance in today’s hearing.
Khurana immediately rushed towards both GMs and bank managers and asked, “How could you agree to a settlement without our permission?”
The GMs said, “Sir, they have many proofs against us, which Gulshan informed us before the start of today’s hearing. So, we had no option but to agree to the settlement. Sorry about this, but please understand our situation. God forbid if anything goes against us, then how will we defend ourselves as we cannot afford the fees of a big lawyer like you?”
The bank manager said, “Gulshan warned me that he has proof that my seniors and I took 20 percent commission to sanction bad loans to the politically connected defaulters. As part of my job responsibilities, I sanctioned loans to many politically connected big corporate houses which have now become Non-Performing Assets (NPAs) and bad loans. Promoters and shareholders of these companies have illegally transferred these loan amounts into their foreign bank accounts using over-invoicing modus operandi. They have now absconded and are enjoying taxpayers’ money in a foreign country. With these countries, the Indian Government has no extradition treaty so it cannot bring these defaulters back to India to file default and recovery cases against them. So, ultimately taxpayers and the public are the sufferers. Gulshan has details and proofs of all my assets which are in fictitious names. I am helpless; I had no choice but to agree to the out of court settlement. Otherwise, I will have to go to prison.”
Khurana said, “But you should have discussed the issue with me so that I could have come up with a solution.”
One of the GMs said, “Sir, they did not give us sufficient time to consult you.”
There was obvious frustration on Khurana’s face.
47
Touts Active in the Legal Circle
S uraj and Vijay hugged Gulshan. Suraj said, “Gulshan, today you were awesome, at your best. You argued very well.”
Gulshan said, “Thanks to you Suraj, for trusting me and courtesy to Col. Pandey and Captain Singh for providing useful facts and evidence which increased my confidence level. We should thank Guruji for his mentorship and Judge Mr. Madaan for suggesting guerrilla strategies. And one more important thing, I acquired mental and spiritual strength by reading the notes of self-reform course written in your diaries. For me, it was an excellent learning experience.”
All of them went towards the court canteen where they saw Mr. Khurana who ignored them.
After one hour, the court hearing started again.
The Judge said, “About the first and second allegations, I advise that the banks and insurance companies should focus on getting their principal amount back along with interest that they charge in the normal business practice, and should avoid penalty and fines, taking into account Suraj’s financial position.”
He further said, “After hearing today’s arguments, the Court is of the opinion that there was a pre-planned attempt to murder under Section 307 of IPC. The court reserves its final judgement. Now, this court will reconvene after one week.”
Having said this, the Judge banged his gavel to signify the end of the Court’s proceedings for the day and retired to his cabin.
Gulshan said, “Congratulations! Suraj looks like things are taking a turn in our favour. At least we have got relief from the cases of insurance fraud, bank default, and murder.”
Suraj said, “Yes, you are right Gulshan, congratulations to you as well!”
Seema and Vijay came towards them.
Seema said, “Suraj, things are going in a positive direction. Gulshan was fantastic in the Court.”
Vijay said, “Gulshan bhai, you were great. You did not give any chance to Mr. Khurana to speak.”
Gulshan said, “Thanks. Today the judge was also very cooperative.”
Outside the court, Mr. Rawat said to Khurana, “Mr. Khurana, today your performance in the court was very poor.”
Mr. Thapar said, “Yes, Mr. Khurana, I saw that Gulshan was not giving you a chance to speak.”
Mr. Mishra said, “Today’s development is not good. The judge is very serious now; it looks as if he wants to give a tough judgement against us.”
Sanjay said, “They have proof against me. Now, what will happen to me?”
Khurana said, “They have done their homework well by collecting evidence against all of you.”
The politician asked with anger, “Are you with them or with us? Who is paying you to fight the case?”
Khurana said, “Where there is fire, only then can there be smoke. Because of your involvement in other illegal activities, it has become difficult for me to fight your case in court. Let us meet in the evening to discuss the next course of action.”
ACP Siddique asked, “Tell me, why was the judge showing so much interest in this case? Why was he not allowing you to speak anything? Why was he giving more time to Gulshan to present his arguments and evidence? I think there is something fishy.”
Editor Mr. Mishra said, “Yes, I was also surprised to see his attitude.”
Khurana said, “Maybe he is giving a hint to us to do a deal with him. The judge knows very well that Suraj cannot afford his price, so it is possible that he was making things difficult for us so that we would approach him for a deal.”
Mr. Rawat said, “Mr. Khurana, today you have failed as a lawyer to defend us. Now you play your other role - the role of a tout. Contact him or his agent to fix the deal.”
Khurana said, “OK, before today evening’s meeting, I will touch base with him and check the possibility of a deal.”
In the evening all of them arrived at the nightclub.
The politician Mr. Rawat asked Mr. Khurana, “What is the outcome of your discussion with the judge?”
Khurana said, “The judge said that he has reviewed all the evidence and has figured out that all of you had a pre-planned motive to kill Suraj. So, under Section 307 of the IPC, all of you will be imprisoned for a minimum of seven years.”
Mr. Rawat became annoyed and said, “Don’t scare us; come to the point. Did he agree to a deal or not?”
Khurana said, “Yes, but he is asking for too much money.”
Mr. Thapar asked, “How much?”
Khurana replied, “He is asking for ₹ 50 crores, but with one condition.”
Mr. Rawat said, “ ₹ 50 crores is too much, but what is the condition?”
Khurana said, “He says that one of you has to accept being involved in the crime. The judge says that he cannot acquit all of you. To make a reasoned and credible judgement, one of you has to admit to the crime.”
ACP Siddique said, “This is ridiculous, even after taking ₹ 50 crores he will not issue a clean judgement in our favour.”
Khurana said, “Try to understand the judge’s point of view. Gulshan has done excellent research work and provided a lot of evidence against all of you.”
With a cunning smile on his face, Khurana said, “Gulshan has even collected details about your mistresses; I don’t know whether he has your objectionable videos and photographs with your mistresses.”
The politician said, “Mr. Khurana mind your business. Don’t scare us, come to the point.”
“If the judge allows all of you to go free, it will look suspicious that he has done a deal w
ith you. Now media supported by opposition party is also keeping a close watch on this case,” Khurana highlighted to all of them.
Khurana further said that the judge assured that he would try to release the convict on bail on the same day. The judge also said that considering the weak financial position and jobless situation of Suraj, it was unlikely that Suraj would appeal in the higher court.
Khurana continued saying, “We have to tell the judge when we will give him ₹ 50 crores, 50 percent of which he wants in a foreign bank account of a shell company in a tax haven country. We have to give him the name of one person by tomorrow afternoon before he gives orders to the concerned departments to verify all the new facts and evidence before giving his final judgement next week.”
The politician said, “I cannot offer my name as I have a career in politics. Conviction by any court means I cannot contest elections for a minimum of six years.”
The businessman said, “Listen guys, if my name comes up in a criminal case, that will be a reputation loss for my company and me. My company’s corporate image and share prices will come down further. Already I have suffered a huge net worth loss due to the exposure done by Suraj.”
ACP Siddique said, “I am a police person. How can I be a criminal?”
Editor Mr. Mishra said, “Sorry, but for me my reputation is everything, I don’t want to be labelled a criminal.”
Sanjay said, “I am from a middle-class family and the only son of my parents. If they hear that I am involved in a murder case, my parents will commit suicide for sure. I cannot give my name.”
The politician said, “Mr. Khurana, is it not possible to just pay ₹ 50 crores to the judge, and he sets all of us free?”
Khurana said, “No, the judge has categorically said that he needs ₹ 50 crores to make his judgement, and one name by tomorrow afternoon. No point in arguing; let us amicably come up with a name.”
Mr. Rawat said, “All of us have something linked with our reputation. Only Sanjay and Mr. Mishra have nothing to worry about their reputations, and either of them can take the blame to protect the others.”
Sanjay said, “Please understand, my parents will die if I become a convict, I cannot take the blame.”
The politician said, “Sanjay, we have already paid you ₹ 1 crore, if you don’t agree to take the blame then you have to return that amount.”
Sanjay said, “That money was for changing my statement in court which I did. I have already spent that money, and now I cannot return it. Don’t pressurise me to take the blame, after today’s hearing I am already feeling depressed.”
Mr. Thapar said, “Sanjay’s name will not work as media will easily judge that he has been made a scapegoat. Mr. Mishra, I suggest you take the blame.”
Hearing this statement from his boss, the editor got scared and said, “But sir, I also have a reputation among relatives and friends.”
Mr. Thapar said, “Mr. Mishra, your reputation has no financial implication. OK, now listen carefully; I have an exciting offer for you. All of us will pay you ₹ 10 crores if you take the blame. We also guarantee to arrange bail and fight your case to get you released even from the top court. Mr. Khurana will always be there at your service.”
Khurana said, “Yes, Mr. Mishra, this is an excellent offer. I will ensure that you will never go to jail. I will fight till we win the case in the top court.”
Mr. Mishra said, “OK, I can accept your offer but make it ₹ 20 crores; ₹ 10 crores in India and ₹ 10 crores in a foreign bank account.”
Mr. Thapar said, “Mr. Mishra, ₹ 20 crores is too much.”
Mr. Mishra said, “After becoming a convict in this case, my professional career will be over. My reputation among friends and relatives will be lost, but at least I will have money. With this ₹ 20 crores, I will enjoy retired life. As many defaulters, scammers and fraudsters have done, I will buy a beach house in a country with which the Indian Government has no extradition treaty. I will stay peacefully in that country forever. On the next hearing date, please ensure that I am on bail otherwise you all will be in trouble.”
With a little hesitation, Mr. Rawat, Mr. Thapar, and ACP Siddique finally agreed to pay ₹ 50 crores to the judge, ₹ 20 crores to Mr. Mishra and ₹ 5 crores to Mr. Khurana as his fee for playing the role of tout and arranging this deal with the judge.
48
Shocking High-Level Deals
N ext day morning Khurana went to see the lower court judge and said, “Sir, as per your wish they have agreed to pay your demanded amount of ₹ 25 crores to close the case. Mr. Mishra will be the person who will take the blame of the conspiracy and attempt to murder. Please take care of the final judgement accordingly.”
The Judge smiled and said, “Sure, now no need to worry, the final judgement is in safe hands.” The Judge and Khurana shook hands and laughed loudly.
The Judge said, “Tell me, Khurana, how much have you made out of this deal?”
Khurana said, “Nothing much, only ₹ 5 crores for managing this deal with you and ₹ 5 crores as my legal fees and other charges thus in total only ₹ 10 crores.”
Khurana continued, “These rascals take so many risks in doing illegal activities, but for us, it is a risk-free business.”
Khurana further said, “Sir, that day in court your acting was excellent. You acted as per our plan. You know very well how to extract money from these scoundrels. Whenever you were stopping me from saying anything, you were behaving like a very strict judge.”
The Judge said, “After seeing the strong evidence and arguments from Gulshan to whom I had been giving chances for so many months to turn him into a horse from a donkey, I saw a real opportunity to earn money for both of us when Gulshan turned up with strong evidence. I don’t know how but he has collected substantive evidence to put your friends behind bars. By stopping you from arguing I was making it easier for you to negotiate with your clients. Khurana, we have done many such deals, and now no one can match our timing in court as to how to loot these robbers—the corrupt politicians and businessmen. They are looting innocent taxpayers and fooling the public through false, unrealistic promises, and we are looting and fooling them.”
At this, both of them laughed heartily for a few seconds.
Khurana said, “Whenever there is a fight between two cats, it is the monkey who benefits,” and they both laughed again.
Khurana was glad as he had managed to earn a total of ₹ 35 crores in the case.
Finally, the day of the final judgement arrived.
As it was an important day, everybody was present in the court.
After initial formalities, the Judge said, “I have received copies of all the settlement agreements between Suraj and the insurance companies and his bank. I appreciate the bank’s support and cooperation extended to Suraj, where they have agreed to claim only the principal amount and have waived off interests and penalties seeing Suraj’s current financial position. It is good for Suraj that he will be repaying these loans in monthly instalments during the next twenty-five years.
About the accusation of an attempt to murder under Section 307 of the IPC, based on the facts and evidence submitted by Mr. Narang during the last hearing, this Court is of the opinion that there was a pre-planned conspiracy to murder Suraj. I have come to the conclusion that editor Mr. Mishra is the main culprit. I would like to give Mr. Mishra a chance to tell the whole story to this court before I write my final judgement.”
Mr. Mishra came to the witness box and said, “Suraj approached me with the sting operation CDs. I wanted to earn some money by blackmailing Mr. Rawat, Mr. Thapar, and ACP Siddique. I asked Suraj to give me all the original sting operation CDs, but Suraj resisted. When I approached the other three, they offered me ₹ 5 crores as the cost of all the CDs. But the problem was that Suraj was not giving me the original CDs and was also threatening to hand over the CDs to other news channels controlled by the opposition party. I planned Suraj’s murder so that I could have exclusive access
to the CDs, the copies of which I was having, and also earn money by giving the CDs to Mr. Rawat, Mr. Thapar, and ACP Siddique. I admit to the crime.”
Suraj, Vijay, and Seema were surprised and shocked to hear this from the editor Mr. Mishra as they knew that he was telling a lie.
Suraj said to Gulshan, “They are making Mr. Mishra a scapegoat. They must have paid him a huge amount as they paid to Sanjay.”
Gulshan asked Suraj, “Now what stand should we take as only Mr. Mishra has admitted his crime?”
Suraj replied, “As our evidence is strong, I think they have decided to close the case by making Mr. Mishra the main convict, so let’s wait for the judgement.”
The Judge asked Gulshan, “Mr. Narang, would you like to cross-examine Mr. Mishra?”
Gulshan asked Mr. Mishra, “Did you commit this crime all by yourself, or did you take the help of others?”
Mr. Mishra said, “I hired two contract killers, and now I have no idea about their whereabouts. I am happy for Suraj that he is alive, and it has saved me from having the guilt of killing someone. At least, I can live a relaxed and peaceful life without any burden on my soul.”
The Judge read the judgement, “Based on the facts and evidence provided to this court and considering all the circumstances, I conclude that Mr. Mishra is the main culprit, and accordingly I award him a punishment of seven years’ imprisonment and a fine of ₹ 1 lakh. The detailed judgement will follow in a week.”
Khurana said, “Your Honour, my client is an educated, respectable and prominent person in the society; I request you to please grant him bail.”
The Judge said, “I will allow Mr. Mishra bail on a bond of ₹ 10,000 to be furnished by today evening before 5:00 p.m.”
There was a smile of relief on Mr. Mishra’s face on hearing that he had been allowed bail.