The car races on with Arjun and Riya in it together, up and close to each other.
ACT 3: KICKOFF…EUPHORIA FOR REACHING THE SKIES & THE REALITY
2 months ago
Day in Court
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 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.”
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“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.
Cold Love Page 6
