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HP Police hatched a conspiracy, tortured and killed innocent laborer in Gudiya case: CBI

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CBI Chargesheet in Kotkhai custodial death

Shimla: Shocking revelations have come to light after the Central Bureau of Investigation on November 25 filed a chargesheet in the case pertaining to the custodial killing of Suraj Singh, a Nepalese laborer arrested for alleged gangrape and murder of Gudiya in Kotkhai on July 6.

The CBI today, on November 30, submitted its status report over the custodial killing to the Himachal Pradesh High Court. The CBI mentioned their accomplishment in concluding a successful probe and filing of challan against accused police officials in the CBI court. The agency said it is in possession of very solid evidences against the accused.

The next hearing in the case was scheduled for December 20.

If the CBI succeeds in proving every charge labeled against the accused in its chargsheet, then it would read like the following story:

A 16-years-old girl disappears on July 4, 2017, while returning back to home from the Government Senior Secodnary School Mahasu. The naked dead body of the girl is discovered on the morning of July 6.

The local police including the Deputy Superintendent of Police, Theog, Manoj Joshi arrive at the crime scene alongwith the Sub-divisional Magistrate . A FIR is filed under IPC Section 302, 376, and Protection of Children from Sexual Abuse Act (POCSO) against unknown culprits. 

After the medical examination and an initial investigation, the police confirm the victim was gangraped and then choked to death. The report says she died of asphyxiation.

The incident sends waves of horror across Himachal as the peaceful Hill state is not acquainted with such inhumanity and barbarism.

Initially, the local police headed by then SP Shimla, D.W. Negi, investigate the case, and a team of the local forensic lab collects evidences from the spot where the dead body is dumped

Regular reports in various dailies and online news portals appear hitting an involvement of influential person. On July 10, the Director General of the Police, Somesh Goyal, forms a Special Investigating Team. With great expectations, the command of the SIT is given to then Inspector General of Police, Southern Range, Zahur H. Zaidi.

Meanwhile, on the evening of July 11,pictures of four youths appears on Chief Minister Virbhadra Singh’s official Facebook page with an update regarding the SIT probe. The update says the police nabbed these four suspects in the Gudiya case.

Virbhadra Singh Kotkhai gangrape controversy

The Chief Minister’s Update on Facebook showing four youth as suspects

The pictures went viral on social media within seconds of posting. The update also confirmed interrogation from these suspects. However, the police do not confirm filing of any charges on the suspects.

The IT Cell of the Chief Minister deletes the photos within few minutes of posting. This suspicious move fuels the doubts of public about the possible conspiracy.

In its justification, the CMs IT Cell states that it was a technical glitch, which was not convincing at all

On the morning of July 13, the police arrests first accused in the case – Ashish Chauhan. By evening, five more accused are arrested. Surprisingly, none of these accused include any person who had appeared on the CM Facebook page on July 11. Five of the accused are laborers including two Nepalese

The youth is the odd one as he reportedly hails from a wealthy and influential family. The police do not provide any details about the role of this youth.

The police holds a press conference on the evening of July 13. The SIT and Director General of Police, Somesh Goyal, assure having in possession clinching forensic, technical, physical, and circumstantial evidences to prove the charges. They confirms confession by the arrested accused as well. 

The SIT claims it solved the case within 55 hours of formation, and all culprits are behind bars. The police pats its own back claiming the case as a difficult one to solve.

However, on July 13, the entire story changes like it never existed.

The previous reports based on initial investigation disappear suddenly. Prior to July 13, the reports suggested Ashish Chauhan as the prime accused, and the SIT probe makes Rajinder alias Raju the prime accused.

The public and local media persons do not buy this theory of police. The local takes to the roads and demand a CBI probe. On July 14, a protest in Theog goes violent as enraged locals vandalize the police vehicles and reportedly rough up then SP DW Negi.

The locals demand a CBI probe.

At the same time, the police take to extreme physical torture to extract false confession from five innocent persons it arrested.

Amid public unrest and demand for the CBI probe, on the intervening night of July 18 and 19, the police hack one of the five accused, Suraj Singh, a Nepalese laborer, to death at the Police Station, Kotkhai, while inflicting extreme physical torture.

The local police again hatch a criminal conspiracy to save itself and file a fake FIR against the prime accused Rajinder alisas Raju for the killing of Suraj. In its statement, the police tell media that Suraj is killed by Raju following a scuffle. The autopsy report also follows the same theory.

(As per CBI chargesheet) The role of doctors who conducts the autopsy of Suraj also comes into question.

The locals and media do not buy this story of the local police either. As a result of it, violent protests erupt in Kotkhai on July 19. The mob vandalizes and almost sets the police station on fire. The government is forced to order an CBI inquiry on July 19.

On July 22, the CBI files two cases – relating to the gangrape and murder of the minor girl and custodial death of Suraj. The agency gets the Body of Suraj re-examined by a team of experts from All India Institute of Medical Sciences.

CBI conducts post-mortem of kotkhai accused

File Photo: CBI taking the body of killed accused for re-exmination on July 25

The findings of the CBI shock the State as the CBI on August 29 arrests eight police officials including Zaidi and Deputy Superintendent of Police, Manoj Joshi in relation to the custodial death.

Shimla Gudiya case

The Sentry, Dinesh Kumar, who was on duty the night Suraj was killed becomes witness and leads to the arrest of the police officials.

On November 14, as another jolt to the State Police, the CBI arrests DW Negi for forging the FIR to save real culprits.

Sp Shimla arrested in Kotkhai Gudiya Case

The CBI finds no evidences against the remaining five accused, who manage to procure a bail.

On November 25, the CBI files a chargesheet against the eight police officials in the special CBI court.

On November 28, two other members of the SIT, ASP Bhajan Dev Negi and DSP Rattan Singh Negi, become eyewitnesses against the arrested officials.

The CBI gives them a clean-chit.

So, if the chargesheet is to be believed, the SIT tried to shield the real culprits, who are still unknown. The police extracted false confession by torturing and threatening the arrested persons. The motivation behind this act is still unknown to even the CBI.

The CBI is convinced that it possesses sufficient evidences to prove all the charges labeled against these nine police officials. The telephonic communication between these officials is said to be one of the strongest evidences against them.

However, the CBI has not made any arrest for the rape and murder of Gudiya. The local police has done a professional job in messing up the forensic evidences. The CBI still continues to visit the Kotkhai region and collect more statements of locals and the classmates of the deceased victim.

As per the reports, the CBI has reportedly seized records of three banks.The agency is either hoping to get a lead from it or already has one.

At the same time, unofficial sources are speculating political influence. They argue that money is not sufficient to lure an IG rank police official to commit such a henious crime.

The family of the victim and the people of the state are still waiting to know what had happened to Guidya and who are the real culprits. Why the police was trying to extract false confession from five innocent persons?

Madan has studied English Literature and Journalism from HP University and lives in Shimla. He is an amateur photographer and has been writing on topics ranging from environmental, socio-economic, development programs, education, eco-tourism, eco-friendly lifestyle and to green technologies for over 7 years now. He has an inclination for all things green, wonderful and loves to live in solitude. When not writing, he can be seen wandering, trying to capture world around him in his DSLR lens.

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In times of climate change, how do Himachal’s people want their mustard?

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Farming of Mustard Oil in Himachal Pradesh

If one was to walk through a village in Himachal Pradesh in the early 1940s, there would be the sound of many wooden wheels turning. One of them would be the spinning wheel (charkha) used to make thread from sheep’s wool for weaving coats or chola and pattu on a loom (khaddi).Another would be a water wheel (gharaat), which rotated in the water of the kuhlsor canals, grinding the wheat in the mill or chakki above. While these first two wheels continue to exist, albeit in small numbers, the third village wheel has almost completely disappeared. The third wheel, the oil mill or kolu, used the force of ox and buffaloes to turn a heavy stone, which in turn would grind mustard and flax oil seeds into fresh oil.Although Himachal does not produce as much mustard as the larger states in North and Western India, it has always been an essential crop to everyday life.

Spinning the wheel of time back to the 1940s again, we learn that the kolus or oil-press mills were run mainly by Muslim families. As Pradan Ram of Rakkar village, Kangra district said,

The Muslim families that were our neighbours ran these oil mills. They were the telis. Some of them also played shehnai at the temple, but most of them ran the oil mills. We would take our mustard or flax seeds and get them ground at the mills. In the higher up regions of Kullu- Lahaul, people made walnuts, apricots and other oils. Nobody bought oil from any shop! We would pay the teli with our grain.

Post-partition, the Muslim population in most parts of Himachal Pradesh diminished, and now stands at around 4% living mainly in Chamba, Una and Solan districts. From a history of great syncretism, and communities living and sharing resources together, what followed were times of great division. These divisive times were seen in agriculture with the impact of the Green Revolution in the 1960s, where the Barah Anaaj or 12 mixed crop system, of which mustard is an important crop, began to disappear in favour of monocropping. These 12 crops used to include combinations of maddua (finger millet), ramdana (amaranth), rajma (kidney bean), mung (green gram) lobia (black-eyed peas), kuttu (buck wheat), kulath (horse gram), makki (corn) and math (a local soya bean), alsi (flax seed for oil), sarson (mustard seed), sorghum (jowhar), pearl millet (bajra), chana (chickpeas). In addition to this gourds, greens and wild vegetables and flowers were grown and collected.

Each of these crops has a different resilience, some thrive acidic soils, some can survive floods, while others can survive droughts. In fact, the traditional seeds of our region are treasures that also have unique tastes and health properties.

shares Mansingh of Nain village, Kangra district.

As wheat and rice became more popular, in the 1990s, farmers began to practice mixed farming, however no longer of twelve crops. Mustard continued to be the main crop, grown in almost every farmer’s field. While the Kharif crop would have corn in the higher fields, rice in the lower fields mixed with chickpeas or lentils, the rabi crop, would have wheat along with math and mustard. While the math seed provides nitrogen to the soil, the mustard was known to support the wheat crop.

When it rains heavily, the wheat crop can fall, therefore we grow mustard alongside so that they can bear each other’s weight,

shared Kavitha Devi a farmer of Sukkad village in Kangra district.

Another turning event for farmers was in 1998 when the Indian government ordered all traditional oil mills to shut down and they were deemed unsafe. Coincidentally, this was the time when cheap GMO soya oil began to flood the Indian markets. Many farmers who did not grow enough mustard for oil and depended on the shops were now caught in a dilemma.

There was a time when we began to receive refined oil in the fair-price ration shops at one time, which sold cheaper than mustard oil. While some of the people bought it, they realised that they were increasingly getting joint paints. We complained in our panchayat and then demanded sarson oil,

Says Jagat Ram the owner of a fair price shop in Rakkar in Kangra district. Both Tibetan and Ayurvedic doctors in the region back up this claim saying that mustard oil eases joint pains and is good for health in general, whereas refined oils cause mass arthritis. Although the mustard oil in the ration shops comes from Punjab and not their own fields, farmers in Himachal stood up for the mustard seed as an important part of their lives.

However, since the 2000s, this intrinsic importance has begun to be questioned. This is for several reasons, one of them being the financial pressure to grow cash crops (apples, ginger, kiwis, off-season vegetables) that can sell at a higher price. Another big factor is climate change, where unpredictable weather patterns have set in. The Agriculture Department has identified that the local mustard varieties are facing a major aphid insect problem due to climate flux and recommend the use of hybrid seeds.

The University recommends the gobi and farm hybrid seeds and this is what we distribute,

says a worker at the Agri Department outpost in Sheela Chowk, Kangra District. Most farmers nowadays grow their wheat crop without intercropping with mustard. They grow the two crops separately.

As traditional seed saving dwindles, adding in the problem of monkeys and furthermore erratic rains and hailstorms, farmers are in crisis. In what scientists of Delhi University and the Deepak Pental team feel is the solution for agriculture, seeds of GM Mustard are being proposed as a move towards the future.

When told about GM Mustard, some farmers like Vimla Devi of Banala, Kangra district outrightly refuse the idea. She says that there are plenty of local varieties of mustard in Himachal and it is a question of reviving them.

We prefer our local mustard seeds, black and white seeds, as the saag is tasty, they give plenty of oil for cooking, medicine and our hair and we can use the dried stalks as a broom as well,

she said. 

Small farmers across India have gone on a Sarson Satyagraha to prevent GM Mustard from being released. Although India illegally imports GM foods, if GM Mustard is approved, it will be the first GMO food crop being grown in India. Governments of Kerala, Tamil Nadu, Delhi, Bihar, Odisha, Madhya Pradesh, Haryana and W. Bengal have said NO to GM Mustard stating that GMOs have been proven to have health effects but more to take away farmer sovereignty and make them dependent on companies, Universities and the State. GM crops also destroy diversity, meaning that they require a monocrop plantation, and cannot co-exist in mixed farming fields like earlier.

At this critical juncture, in times of climate change, one can only hope that the “wheel of time” in Himachal Pradesh withstands the pressure of the future, looks to its small holder farmer with their history of successful mixed farming and manages to revalue what the past has left behind. After all, without mustard oil in the madra curry in the village dhaam feast or pathrode made of mustard and collocasia leaves in the monsoons, and even more ‘makki di roti and sarson da saag’ in the winters, life for pahadi people is incomplete!

Author Aditi Pinto is based in Rakkar, Himachal Pradesh. She uses writing to give a historical perspective to the current environmental crisis.

This story is being published as part of a GIZ-CMS Fellowship

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Himachal’s fitness enthusiast shines at Indian TV Reality Show

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Himachal's Fitness enthusiast sachin sharma of Shimla

Shimla: Sachin Sharma, a handsome man of 26, is currently a person who stands in contrast to Himachal Pradesh’s ill-famed youth struggling with drug and substance abuse – a crucial issue that has sounded an alarm in the State. Sachin is the one who joined a gym at the age of 19 – an age at which teenagers are struggling to escape from the jaws of drug/substance abuse, especially Heroin (Chitta).

Sachin, born in a middle-class family of Deha village, Theog, Shimla district, recently appeared in what could be called India’s first fitness reality show “Indian Fitness League.” It wasn’t a bodybuilding show, but the challenge was to undertake tasks designed to check who is the fittest. Sachin was the only one from Himachal to have made through the auditions. He was selected as one of the 40 fittest people of India. He earned the special attention of the hosts of the show as well as among other competitors.

The next episode of the TV show would be telecasted on October 6 on Discovery Sports at 4 PM.

To know more about him, Himachal Watcher interviewed him (Watch Video). We found that his story is inspirational in its own way:


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Far from ill and unhealthy habits, he doesn’t smoke, doesn’t drink or take anything that would toy with his physical and mental fitness. He definitely doesn’t take steroids. Since last seven years, he has followed a strict discipline in diet and habits. He didn’t compromise with his studies either. He completed his schooling from Dayanand Public School in Shimla.

In 2018 he completed his post graduation in Masters of Business (MBA) from Himachal Pradesh University and had procured a placement for himself too.

He wasn’t born with a silver spoon in his mouth so placement did matter for him. His father Mohan Lal Sharma and mother Subhadra Sharma are both serving with the Crime Investigation Department (CID), HP, as Assistant Sub-Inspector (ASI) and Head Constable respectively. It wasn’t easy to manage an additional expenditure of Rs. 15,000 – 20, 000 on his protein diet for seven years.

At this point, his decision-making ability was put to test. He had to choose one of the two: job placement and passion for fitness. He listened to himself and decided to seek a career in the fitness industry.

Though Sachin’s body is in good shape, he isn’t actually a bodybuilder. He is a fitness enthusiast, who has trained without a professional trainer or a mentor. He made ample use of YouTube to learn. He didn’t take up fitness as his passion because he was inspired by someone. He was his own inspiration.

He first received an opportunity to get on a stage at annual Mr. Himachal competition. Later he won the Maruti Suzuki Devils Circuit held in Chandigarh.

Now, after his tremendous performance at the IFL, Sachin has received sponsorships and was inducted in the TG Athlete group. Opportunities in the fitness industry have begun to appear before him. He believes that someday, he would extend support and guidance to other fitness enthusiasts of the state, which he could hardly receive for himself.

He is an idol for the youth of Himachal, especially because fitness is an antonym to drug/substance abuse and indiscipline. In the majority of cases filed under the Narcotics, Drugs & Psychoactive Substances (ND&PS) Act, the accused are reported to be between 20-25 years. A couple of days back Shimla Police arrested a 22-years-old local boy with a packet of Lysergic acid diethylamide (LSD) stamps. 

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Looking back at magnificent tenure of Justice Sanjay Karol at HP High Court

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Justice Sanjay Karol as Acting Chief Justice of HP High Court

Shimla: The Judge of the Punjab & Haryana High Court, Justice Surya Kant, has been appointed as the new Chief Justice of the Himachal Pradesh High Court. He would be taking the charge soon. Justice Kant started practising law at the District Courts, Hisar, in 1984 and moved to Chandigarh in 1985 to practice at the Punjab and Haryana High Court. He was designated as Senior Advocate in March 2001. He also held the office of Advocate General, Haryana, till his elevation as a Permanent Judge to the Punjab and Haryana High Court on January 09, 2004.

The time is right to look back at the tenure of Acting Chief Justice and the functioning of the Hon’ble High Court in the past year under his leadership.

Justice Karol belongs to Garli village, Tehsil Dehra Gopipur in District Kangra of Himachal Pradesh.

He was born in Shimla on August 23, 1961. He is an alumnus of the St. Edward School, Shimla, and graduated with Honours in History from Government Degree College, Shimla.

He obtained a Degree in Law from H.P. University, Shimla and enrolled as an advocate in the year 1986.

He had assumed the charge of the office of the Acting Chief Justice of the State High Court on April 25, 2017.

India has had many brilliant judges but few amongst them became great. A brilliant judge might know the law to its minutest detail, but a great judge knows ‘justice’ and the spirit that it posses. The road to greatness is paved by compassion, kindness and a seeking for truth. With empathy in heart and sensitivity in mind, Justice Karol has been setting an example for us of how human dignity and compassion is to be practised, not just through his judgements but also through his acts of kindness and compassion in normal life situations.

Justice Karol is greatly admired for encouraging the young lawyers and welcoming them to the profession with open arms. The Hon’ble Justice is also known for his work in public interest litigation since assuming the charge of Acting Chief Justice of Himachal High Court. The greatest change which the Hon’ble judge brought was to accept letters of common people and convert it into public interest petitions, in case, those letters revealed miscarriage of justice and breach of fundamental rights.

In India, the first PIL was filed in the year 1976 – Mumbai Kamgar Sabha v. M/s Abdulbhai 1976 (3) SCC 832. The seed of the PIL was sown by Justice Krishna Iyer through this landmark judgement. Soon thereafter, with the efforts of Justice Bhagwati, the concept of the PIL evolved and developed to a great extent. The courts started accepting letters as petitions if they happen to disclose any violation of fundamental rights and matters of public importance.

Justice Bhagwati once said,

“Public interest litigation is essentially a cooperative or collaborative effort on the part of the petitioner, the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable sections of the community and to reach social justice to them. The State or public authority against whom public interest litigation is brought should be as much interested in ensuring basic human rights, constitutional as well as legal, to those who are in a socially and economically disadvantaged position, as the petitioner who brings the public interest litigation before the court. The State or public authority which is arrayed as a respondent in public interest litigation should, in fact, welcome it, as it would give it an opportunity to right a wrong or to redress an injustice done to the poor and weaker sections of the community whose welfare is and must be the prime concern of the State or the public authority.”

The importance of strengthening such a practice of Letter Petitions as PILs in a state like ours was absolutely necessary. Himachal has poor people, farmers, and large parts of villages are backward, hence, the judicial process for most of the people in the state is incomprehensible or costly to pursue. This has led to unchecked human rights violations and also large scale unchecked environmental degradation. The Hon’ble High Court in the past year has done extensive work in taking up the fundamental rights and environmental issues of poor and downtrodden, even if they have been addressed by way of letters.

The Acting Chief Justice during his tenure has dealt with issues of public importance and made efforts with the tool of Public interest litigation for the realisation of the dreams of our Constitution. His orders and judgements cover the whole spectrum of issues, such as:

  • Landmark order for ‘right of sanitation’ and directing the state for construction of public toilets at highways
  • A landmark judgement in Directing payment of unpaid salaries of nurses, which was unpaid for months
  • Landmark judgement for removing discrimination against married women in matters of employment
  • Protection of trees through technology, use of RFID, Drones and Satellites
  • Protection of wetlands, the direction was given for the creation of a wetland authority, which facilitated funds to the state from centre
  • Directions for Checking illegal mining
  • Protection of rivers from the illegal running of dams
  • Providing compensation to the families of road accident victims or to families who suffered an act of criminal violence
  • Thinking about hemp and medical cannabis as an alternative source of income to farmers and as a mode to curb drug market
  • Deliberating upon police reforms, directing the installation of cameras in the prisons to check human right violations. Also directing the Advocate general to re-look at H.P police Act and bring it in consonance with the constitution
  • Reforms in the forest department especially the condition of forest guards
  • Several judgements on animal rights issues
  • Several directions for building roads, most importantly monitoring the construction of national highways
  • Several Directions for the protection of the UNESCO heritage sites, including a drive to clean up Shimla-Kalka railway
  • Several directions to tackle the garbage problems in various places in Himachal
  • Several directions to improve the medical facilities in the hospitals

To take up and decide the above-mentioned issues requires a spirit rooted in kindness, empathy and compassion. This kindness was not just limited to judgements but also in the pragmatic handling of real-life situations. During Shimla’s water crisis, alongside high-ranking state and municipal corporation officials, Justice Karol nearly spent all night inspecting operations at the water control rooms to ensure that they were working without any impediments. The court also gave orders that no special treatment be meted out to the VIPs during the time of crisis.

In an another and very recent incident, a milkman who fainted after suffering a seizure in the Lakkar Bazaar of Shimla was saved by the acting chief justice who helped the man reach the hospital in time. Justice Karol got out of his vehicle and directed the driver to take the man to the hospital immediately. He then simply begun to walk. It was an example of humbleness for those taking perks of the VIP culture.

We spoke to a High Court lawyer, Advocate Deven Khanna, who as an amicus has assisted the court in various matters.

The most significant work of the acting chief was the focus on Access to justice. Without the ‘access’ or means of accessing justice, the constitution is redundant. Once the constitution is triggered, then only fundamental rights can be realised. Public interest Litigations is the tool that the Acting Chief has used to democratise the judicial process. The court has essentially said that justice does not only belong to the rich people, corporates and governments (who take up most of the litigation time in courts), it primarily belongs to the poor. The poor can write a letter or get legal aid or get assistance from an amicus currie, who on his behalf, will pray to the court on a violation of his most basic rights,

Deven told Himachal Watcher.

It is said that Article 32 was the most favourite article of the great B.R Ambedkar. He said that it is the soul of the constitution. When he was referring to Article 32, he actually meant ‘access to the courts’ in case fundamental rights are violated. Article 32, 226 and letter petitions are essentially the same and are the heart and soul of the constitution. It was visible in practice in the working of the Hon’ble Acting Chief Justice during last one year

, he added.

When the state has failed to protect the rights or has failed to do its duties, its the duty of the Superior Courts to step in and make sure that law of the land is not sabotaged and common man or the environment is not jeopardised,

he further added.

More about Justice Sanjay Karol

Including Hon’ble Supreme Court of India, he practised in various Courts in Constitutional, Taxation, Corporate, Criminal and Civil matters. He had appeared as Counsel in the Inter-State water Dispute (BBMB Project) in the Hon’ble Supreme Court of India.

He also discharged the constitutional duties as the Advocate General of Himachal Pradesh from 1998 to 2003. In the Year 1999, he was designated as Senior Advocate.

He remained on the Senior Panel for Central Government, Supreme Court of India. He was elevated as the Judge of the High Court of Himachal Pradesh on March 8, 2007. He also remained the Chairman of State High Court Legal Services Committee

Presently also discharging statutory duties as Executive Chairman of H.P. State Legal Services Authority and a member of the Board of Governors, Himachal Pradesh Judicial Academy.

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