Supreme Court Stays HC Judgment Convicting & Sentencing Ex-Chhattisgarh CM' Son Amit Jogi In 2003 Ram Avtar Jaggi Murder Case

The Supreme Court today stayed the judgment of the Chhattisgarh High Court, which convicted and sentenced to life imprisonment ex-Chhattisgarh Chief Minister Ajit Jogi's son Amit Jogi in the 2003 murder case of Nationalist Congress Party leader Ram Avtar Jaggi.

A bench of Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi passed the order, while issuing notice on Amit Jogi's appeal against the Chhattisgarh High Court judgment which convicted and sentenced him to life.

The Court observed in the order that the effect and operation of the impugned judgment has been stayed.

The court also stayed another High Court order, which allowed CBI's leave to appeal and directed Amit Jogi to furnish bail bonds and sureties before March 31, saying failure to do so would attract consequences.

Senior Advocates Kapil Sibal and Mukul Rohatgi appeared for Amit Jogi and Senior Advocates Siddharth Luthra and Gopal Sankaranarayanan for the respondents.

During the hearing, Justice Mehta questioned the passing of the High Court judgment without hearing Amit Jogi. "What kind of judgment...conviction and sentence before hearing?" the judge remarked.

As per the prosecution case, Ram Avtar Jaggi was shot on 04.06.2003 while travelling in his car. In 2007, while the trial court convicted other accused persons, Amit Jogi was acquitted. Against this, the CBI moved the high court. Another petition was filed by complainant Satish Jaggi challenging the acquittal order.

In 2011, the Chhattisgarh High Court had dismissed the CBI's appeal as non-maintainable. Last year, the Supreme Court disagreed with this view, and directed the HC to decide the CBI's appeal on merits.

In the second round, the High Court, setting aside the trial court order, noted that Amit Jogi was the "mastermind, principal architect and driving force behind the conspiracy". The court also said that it could not "sit helplessly as a silent spectator if a party to a case is deliberately trying to adopt dilatory tactics".

This, the court said, after noting that despite having sufficient time to prepare his case, Jogi had sought adjournments and did not make the slightest effort to commence arguments.

After referring to the material and evidence on record, the Court further held,

"...from the entire evidence, it is amply clear that Amit Jogi was the mastermind of the entire conspiracy and he was also having the commanding position being the son of the then Chief Minister. He was an influential person to such an extent that he could manage Police authorities to arrange for persons who could forge themselves as the assailants. The transaction of funds, evidence of frequent meetings in Batra House, Hotel Green Park and CM House of the accused persons alongwith Amit Jogi clearly demonstrates that he was aware of all the activities right from the very beginning and the entire offence was orchestrated as per the directions of Amit Jogi."

The High Court also noted that Chiman Singh, a long-standing associate of the ex-CM, was summoned by Amit to hatch a criminal conspiracy along with Yahya Dhebar, and Abhay Goyal with the object of disrupting a rally of the NCP in the run-up to the Assembly elections. A part of the conspiracy was hatched at the official residence of the then Chief Minister, it recorded.

In related news, after nearly two years in custody, the Supreme Court also recently granted bail to convict-Yahya Dhebar in the Ram Avatar Jaggi's murder case.

Case Title: AMIT JOGI Versus CENTRAL BUREAU OF INVESTIGATION AND ORS., Diary No. 22717-2026