Authors: Amieya Prabhaker
Cold Love (7 page)
Eventually, the momentous day
arrives. Arjun is outside Riya’s room to take her to the special court. They
are getting late for the court as Riya is still in the bathroom.
“Riya, will you please come
out quickly?”
“Arjun please wait!” She
eventually comes out, wearing an elegant white suit.
“So will it be like a court
as we see in the movies Arjun?” Riya asks smiling. Arjun does not bother to
reply; just shakes his head and smiles back at her. He walks to the car and
opens the passenger side door for Riya. Arjun starts the engine but shuts it
off immediately. “Riya, I wanted you to know that…”, he pauses and hesitates.
“Yes?” Riya is busy looking
into the side view mirror on the passenger side, making the final touches to
her makeup.
“I think you have a right to
know who it is that you are testifying against. The man you saw pull the
trigger that day, is ISI Lieutenant General Mohammad Khan. He is the second in
command of the ISI Executive wing.”
“ISI, you mean Pakistan
Intelligence?”
Arjun nods yes.
“Oh my God! So what was an
ISI official doing there?”
“I cannot answer that… but
you are a smart girl… Riya if we win this case, we will have a big diplomatic
victory in our fight against terrorism!”
“I’m with you Arjun,” she
holds his hand reassuringly, and continues with a smile. “You will see; we will
definitely win.”
Arjun however, is still in a
somber mysterious mood. “Riya, you will provide testimony in a special military
court. Government and opposition lawyers will ask you several questions. You
should state just the facts and what you saw. Also sometimes in such cases, it
gets nasty as well, I mean with useless questions … but you shouldn’t get
nervous… and…”
Riya interrupts him, “Arjun
it’s OK! I am not nervous. You are with me, so I’ve nothing to worry about,
right?” She moves her hand to tidy up his hair and ends up cupping her hand
around his cheek. “How about you? Are you OK? Nervous?”
Arjun shrinks his nose, and
tries to smile back “Yes, a bit!”
“Shouldn’t we go? Aren’t we
getting late now?”
Arjun hesitates, wants to say
something more, but starts the engine and revs on. While Arjun and Riya are on
their way, journalists wait outside the court. In a startling overnight
development, Pakistan’s diplomats and media have let the news out, claiming
that their diplomat is being held and tried in India illegally. They filed an
official request with the Indian government, requesting his immediate return to
Pakistan.
Meanwhile, an Indian
journalist outside the court recapitulates the story to date. “Today we are
outside Mumbai’s special court where ISI Lieutenant General Mohammad Khan is
being tried. We do not know the charges yet but we do know the ISI lieutenant
general was arrested immediately after operations during which the Indian
narcotics bureau seized a large cache of drugs. We have with us our legal
advisor, Ravi Bhalla. Bhallaji, please tell us how this special court is
different, and how the ISI lieutenant general came within Indian jurisdiction?
Did he not have diplomatic immunity in India?”
“This is a special military
court,” Mr. Bhalla explained, “You are right, diplomatic immunity is available
to Lt Gen Khan, but this immunity can be overruled in two circumstances.”
“What are those
circumstances, Mr. Bhalla?”
“First, in a case of critical
national security, under the TADA act or second, a murder.”
“Murder?” the journalist
echoed in a surprised tone.
“Yes, drugs and the mafia
network unfortunately do not qualify as a national security risk. And we know
the ISI has been working with the mafia for several decades. They also use this
network to supply arms and ammunitions to internal terrorist groups. However,
as far as I know arms were not seized during the operation, so excluding the
eventualities, the only scenario in which this immunity is nullified for Mr.
Khan seems to be murder. I am putting this hypothesis also from the fact that
if the crime was not so severe, the Pakistani government would have had him
released through diplomatic channels by now. But that hasn’t happened!”
“Let me tell our spectators
that we tried to speak to Indian officials but everything is under wraps. We
may not even have access to the judicial hearing. But several well-known media
persons are already describing this case as India’s response to Pakistan’s
state sponsored terrorism. That makes this case extremely significant on a
diplomatic basis. We will speak next to the defence lawyer Mr. Banerjee, who as
a one-time public prosecutor, was renowned for having brought several
high-profile terrorists and criminals to justice. Mr. Banerjee, what allegations
have been made against Mr. Khan? What do you have to say about this case?”
“Officially, we cannot
discuss this case,” Mr. Banerjee responds, “All that I can state is that we
should not get sentimental but focus with a level head on a mutual bi-lateral
relationship. A wrong decision based on this case can jeopardize years of hard
work that diplomats on both sides of the border have put in to strengthen our
relationship. I hope that, in the end, truth and justice will prevail.”
“Mr. Banerjee, the Pakistani
administration claims that Mr. Khan is being framed by India to defame
Pakistan. They say this case has been created by a conservative faction in the
RAW. What do you have to say about this?”
“Sorry; no further comments.
Thank you.” Mr. Banerjee excuses himself and swiftly rushes past into the
court.
Arjun and Riya, meanwhile,
enter the court through a secret secure back door, away from the peering eyes
of journalists and media. Suddenly people have woken up overnight to realize
the immense significance this case holds for bi-lateral relationships between
the two countries. The world knows that the ISI has always acted to destabilize
India, through its strategy of a thousand cuts. But its notorious deeds have
never been openly exposed, not until today.
So will today be India’s
response to Pakistan’s sponsored terrorism? The story that unfolds inside the
court may perhaps never be exposed to the outside world, but what happens
inside will tilt the scales in a never-ending intelligence game that continues unabated
between these two countries. All the players in this game know that it’s now
time to bring out the trump card.
The court has been in session
with the trial in progress; after some time, Riya is invited by the public
prosecutor to provide her evidence.
“Your honor, I’d like to
invite the eyewitness to the murder to provide her testimony. Before I bring
the witness, I’d like to point out that for security reasons, witness anonymity
has been provided in this case. Lt. Gen. Khan, can you move to the audio visual
glass chamber. We can see you from outside but you will not be able to see or
hear us from this chamber.”
Riya enters the court from a
side door, walks elegantly and sits on a small chair in the witness box. The
public prosecutor stands and walks up to Riya to start the proceedings.
“For the record, can you
please state your full name?”
“Riya Saxena.”
“Miss Riya, have you seen
this picture before?” He hands her a photograph.
“Yes. This is the person whom
I saw get shot that day.”
“My lord, this picture is of
RAW special agent Mr. Vinod Shukla who was working on an undercover operation.
Miss Riya, can you please tell us if you see Mr. Shukla’s murderer in this
court?”
“Yes,” she points at the ISI
lieutenant general inside the chamber. “I saw him shoot at the victim from
inside the car. It was a black Jaguar, and during that operation I saw him
shoot the victim from the back seat of the car. The bullet hit him right on the
back of his head. I was about 25 meters away along with Arjun and I clearly saw
Mr. Khan, facing him directly when he shot Agent Shukla.”
“Thank you Miss Riya. Cross
examination?”, the judge invites Mr. Banerjee for his questions.
“Thank you my lord.” Mr.
Banerjee stands up and walks up to Riya. “Miss Riya, do you know that the slums
area is the hub of the Mumbai drugs scene?”
“No I didn’t. Not until that
day.”
“OK. So you have never been
there before?”
“No.”
“Then why did you go there on
the day of the operation, Miss Riya?”
“I went there following
Arjun.”
“Following Arjun?! OK!”
“Yes. I was under the
impression that Arjun was going to get drugs, though he was actually involved
in the special operation.”
“OK, let’s assume for a
moment that’s true. So do you frequently follow Mr. Arjun around when he goes
out on such operations?”
“No!” Riya responds gently,
and glances at Arjun, noticeably distressed by the awkward question.
“Then what happened on this
instance that you followed him for almost 1.5 km from the school on a hot
afternoon? Do you go frequently to those slums?”
The public prosecutor
intervened. “Objection my lord! Mr. Banerjee is wasting the court’s time in
useless discussions.”
“Mr. Banerjee, please come to
the point”, the judge warns, “Objection overruled! Miss Riya, please answer the
question.”
“No, I’ve already said that
I’ve never been there before.”
“My lord, I’m asking these
questions to remind the court of the case two years ago of Miss Poonam
Singhania, also an MBA student.”
There’s a rumble around in
the court as a file is passed over to the judge. Riya appears lost and
confused. Both lawyers approach the bench and the judge speaks to them. Mr.
Banerjee continues after a few minutes.
“Miss Riya, you went to the
slums to buy drugs?”
Riya replies emphatically,
“No!”
“No? But the police report
clearly states that when they reached the premises, you were with a broker to
buy drugs there?”
“Yes. But…”
“Yes? Just now you had said
you had not gone there to buy drugs?” Riya tries to speak further but is
shouted down by Banerjee. “My lord, MBA students are regular customers for the
drugs mafia. Once they get addicted to drugs, these students would do anything
to get it… Anything! And it’s very easy to convince them to get involved in
other illicit activities. The students who study in this school are wards of
millionaires of this city. And today’s kids consider it fashionable to throw a
party where drugs are an essential ingredient. You know ‘it’s cool and
happening!’” Mr. Banerjee mocks in a sarcastic tone. “The cheap thrills are not
limited till this point. Today our youth have gone into a further abysmal
state. This is very like the story of Miss Poonam of two years ago. She was
caught twice in the slums. And then she committed suicide under mysterious
circumstances in the slums, a case which has still not been solved by the
police.”
The public prosecutor stands
up, “Objection, my lord. Mr. Banerjee is trying to confuse the court by
connecting two different cases.”
“Overruled. Mr. Banerjee
please provide your evidence and quickly bring forward any factual connection
relevant to the current case.”
“My lord, what I want to
state is that if you read Miss Poonam’s case you will know that she was easily
persuaded to do anything because of her addiction. We cannot overrule that
about Miss Riya either and I will provide that evidence at a future hearing
date.”
The judge brings the court
back to focus, “I note that for future consideration but will rule out a
linkage until you have evidence that the court can look at.”
“Yes, my lord!” Mr. Banerjee
then turns to face Riya to interrogate her further, “Miss Riya, what rate do
you charge from customers?”
“Rate?” Riya is absolutely
confused and distraught at the proceedings now. “My lord, I’d like to clarify
that I never went there to buy any drugs, only pretended that to follow Arjun
…”
Banerjee interrupts her,
“Miss Riya, only answer the question you are asked. It is not relevant why you
went there; everyone knows you went there to buy drugs. When caught at the
scene of a crime, every thief claims that he was not there to steal anything.
But the truth is that the police report says that you were at the scene to buy
drugs!”
“That’s not true. Mr.
Banerjee you are twisting the words of my statement.”
“Miss Riya, then did you try
drugs that night?”
Riya loudly shouts back, “No.
I have never used drugs in my life!”
“You are lying. No drugs
dealer or customer buys drugs without trying.”
“That dealer had asked me to
try it but before I could do so, Arjun stopped me… and the police raid took
place immediately after that!”
“I must compliment you Mr.
Arjun,” Mr. Banerjee continues in a sarcastic tone, “In Bollywood movies, the
police only arrive after everything is over!” There’s laughter in court as
everyone enjoys a carefree moment. Riya nervously looks at Arjun, who is
beginning to get concerned. Mr. Banerjee’s reputation preceded him, but this
was the first time Arjun saw him in action.
“Miss Riya, since you say
you’ve never used drugs ever, I assume you shouldn’t have any problems getting
a blood test done. My lord, can I request this test for Miss Riya?” Riya
glances helplessly at Arjun, who nods, trying to assure her.
“Granted”, the judge
responds, “The government official responsible will schedule the test with the
witness.”
“Thank you, my lord. This
test will tell us that Miss Riya not only used drugs, but the concentration of
drugs in her blood will also throw an interesting light on this case. So Miss
Riya, you didn’t answer my original question,” he continues, “what rates do you
charge your customers?”
Riya is confused at the
question, “I don’t know what you’re talking about!”
Arjun clenches his fist in
fury, jumps from the public gallery, charges down towards Banerjee and punches
him in the face.
“You asshole! How dare you!”
He struggles as the court ushers grab him immediately but he has hit Banerjee
hard enough to push him to the floor. There’s chaos and confusion in the court
as security personnel hold Arjun back. But he breaks free and is about to punch
Banerjee again when Riya dashes out of the witness box and holds his hand.
“Arjun! What are you doing?
Are you crazy?”
Arjun pauses, his face
contorted with rage, as he continues to stare at Riya.
“Order, order!” the judge is
obviously not impressed, “Mr. Arjun. Please leave the court immediately. You
are in contempt of the court!”
Arjun is escorted out
immediately by security personnel. Things settle down slowly and the judge is
eager to start the session again soon.
“Mr. Banerjee, are you OK to
continue?”
“Yes, my lord!” he drinks a
glass of water and stands up to walk to Riya.
“Miss Riya! Let me rephrase
my question again. I was asking the question like a gentleman but obviously
your boyfriend is not a gentleman.”
“Arjun is not my boyfriend”
Riya responds immediately.
“Well, whatever! So I think I
should cut the chase down. Miss Riya, have you been involved in prostitution?”
he then shouts loudly at her, “You went to the slums to get customers and have
been there before as well for drugs and prostitution just like Miss Poonam and
other girls from numerous colleges?”
Riya is aghast and
speechless. She sits down on the chair in the witness box, puts her face in her
hands crying, unable to respond.
“Miss Riya, please answer the
question!” Banerjee bullies her by standing close to her.
“No. Never!” She shouts back,
raising her head.
“Miss Riya, did you ever have
a physical relationship with Arjun?”
The public prosecutor immediately
intervenes, “Objection, my lord. Mr. Banerjee is harassing Miss Riya by asking
such baseless questions. We know that Miss Riya and Arjun’s families have been
close friends for a very long time, but such personal questions have no bearing
whatsoever on the case.”
“Sustained. Miss Riya, you
don’t need to answer that question.”
However, Mr. Banerjee has
other ideas and continues the onslaught, “OK, Miss Riya, have you had a
relationship with any other males recently?”
Riya’s sorrow continues
unabated; she is now sobbing openly with tears flowing down her cheeks.
“Objection, my lord,” the
public prosecutor tries to come to Riya’s rescue.
“Sustained. Mr. Banerjee,
please approach the bench.” They talk inaudibly as Riya continues crying
unabated in the witness box. After a brief chat, the two lawyers return to
their seats.
“Any more questions, Mr.
Banerjee?” the judge asks.
“No, My Lord. Thank you Miss
Riya.”
Riya gets up and leaves the
court crying. Commissioner Pratap follows her along with a female police
escort. Arjun is outside the court in the lobby. He stops immediately in his
nervous stroll upon spotting Riya and springs up to come talk to her. Riya on
the other hand, stops mid-way upon seeing him and turns, about to speak to
Commissioner Pratap.
“Uncle, can you please drop
me home?”
“Sure Riya. Do you want to…
freshen up?” Commissioner Pratap indicates the ladies’ room. Riya nods and goes
there along with the female police escort.
Meanwhile, the Commissioner
updates Arjun on what took place in the court after he was forcibly removed
from the chamber. Riya returns in a few minutes and when Arjun tries to
approach her, she continues to walk to the exit. Arjun and the Commissioner
follow her. The court has broken for a recess and coincidentally, Mr. Banerjee,
who is coming the other way, almost bumps into Riya. She retreats immediately
to avoid Banerjee and bumps into Arjun, who was following briskly behind her.
“Oh! Riya! It’s good that I
met you before you left,” Mr. Banerjee continues unctuously. “Listen Riya beta,
I have no personal grievances against you. I want to speak to you as an elder;
a nice girl like you shouldn’t get involved in this case. Take back your
statement and forget all about the case. Let the police do its work. A court is
not a place for a lovely girl like you.”
Riya responds furiously. “Mr.
Banerjee, what I need to do is my own business and I don’t need anyone’s advice
on it! I have said what I had to say in court. So please don’t ever try to talk
to me again.”
“Look, you are like my
daughter Riya!” Banerjee raises his hand to touch her head; Riya instinctively
retreats to dodge it and in the process buries her face in Arjun’s chest. Arjun
grabs Mr. Banerjee’s hand tightly as he is about to touch Riya.
“You heard Riya? Just leave
her alone, else…”
Arjun twists Banerjee’s arm
strongly before letting it go with a strong jerk.
Banerjee feels his wrist,
“I’ve been a lawyer for more than thirty years … and I’ve brought several
criminals to justice. So keep your attitude to yourself, Arjun! I have been
mindful of Riya but if I get down to the level customary in this profession, I
can create such a web…!”
Commissioner Pratap
interrupts, “Mr. Banerjee!”
“Commissioner Sahab. You know
the reality of the courts. You should have told the kids; this is not a walk in
the park. It will be best for all of us that we get to terms with the reality
of this case and what we really want out of this case.”
