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IN THE SUPREME COURT OF INDIA
(Criminal Original Jurisdiction)
WRIT PETITION (CRIMINAL) No. 19 OF 2012
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
Mr. Gulzar Ahmed Azmi & Anr. …Petitioners
Versus
Union of India & Ors. ...Respondents
WITH
Crl. M.P. NO._______ OF 2012
AN APPLICATION FOR EXEMPTION FROM FILING OFFICIALTRANSLATIONS OF THE ANNEXURES
PAPER – BOOK(FOR INDEX KINDLY SEE INSIDE)
Advocate for the Petitioner: SYED MEHDI IMAM
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I N D E X
SL.NO.
PARTICULARS PAGENO.
1. Listing Performa A1-A3
2. Synopsis & List of Dates. B – N
3. Writ Petition under Article 32 of theconstitution of India
1-103
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B
SYNOPSIS
The prayer of the petitioners before this Hon’ble Court is that
an order/(s) writ or Direction/(s) may be issued to the
Respondent/(s) with regard to investigations of all the Bomb
Blast Cases which have occurred through out the country in
recent years be reviewed and further investigated by a high
level committee to be constituted by this Hon’ble Court with a
view to unraveling and exposing the conspiracy behind the
same and aims and objectives of the conspiracy. The
Petitioners submit that the issue is of vital National importance
as Muslims in the country are being deliberately targeted and
innocent Muslim boys are being blamed for all the blast cases
and arrested on fabricated and false evidence which blasts, as
revealed subsequently, have been the handiwork of right wing
Hindu organizations and who are actively helped by the
Investigating Agencies by not going to the root of real
conspiracy. The Petitioners submit that the Muslims in general
perceive that their community is being unfairly targeted by
Investigation Agencies, that the Investigations of Bomb Blast
cases are biased and prejudiced and that the real perpetrators
are not brought to book. This perception by the Muslims is
grave and threatens the very secular fabrics of the society and
if allowed to persist portends grave and dangerous
consequences for unity and integrity of India.
Therefore, the petitioners to maintain the basic secular
fabric of the country are filing the instant petition before this
Hon’ble Court for an appropriate order in the interest of justice.
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SYNOPSIS AND LIST OF DATES
08.09.2006 At about 1350 hrs., four bombs exploded in
Malegaon, three bombs in the compound of Hamidiya
Masjid and BadaKabarastan and fourth one at
MushawaratChowk, killing 31 persons and injuring
312 others. It being a Friday (Jumma) and ‘Shab-e-
Barat’, a day of religious importance, many Muslim
devotees had converged to offer Namaz.
Sep/Oct 2006 Initially the local district police had been
investigating the case on the correct lines and had
found some important clues, but the I.B. suddenly
stepped in, in the garb of the then ATS Chief K.P.
Raghuvanshi and by totally changing the direction of
investigation started picking up innocent Muslim boys
on flimsy ground and started fabricating evidence
against them.
Dec. 2006 The ATS worked on the theory that some SIMI
activists, with the help of two Pakistanis, caused the
blast, arrested nine persons and sent chargesheet
against them. One of the accused charged of actually
planting one of the bombs was reportedly leading a
Friday prayer in a place 700 kms. from Malegaon at
the time of the blast and one other had been in the
custody of the Mumbai police since four months prior
to the blast. The main evidence adduced was in the
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form of confessional statements of accused while
being in police custody, statement of one accused
turned approver statements of witnesses under
section 165 Cr.P.C., some tickets etc. which could
easily be manipulated.
Dec. 2006 Following the public out cry the Government of
India ordered the transfer of investigation to the CBI
on the recommendation of Government of
Maharashtra. However surprisingly before the papers
and investigation were actually handed over to C.B.I.
the ATS hurriedly filed the charge sheet. This was
intentional to prejudice the further investigation by
C.B.I.
Feb. 2010 CBI further investigated the case, but for some
unknown reasons stuck to the theory of ATS and filed
a supplementary chargesheet on the lines of the ATS
chargesheet.
19.02.2007 Bomb blasts took place on ‘Samjhauta’ Express
killing 68 persons and injuring many. The Indian
Government, at the instance of the I.B. hinted at the
involvement of Pakistani backed terrorist out fits
across the order for the blast.
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March, 2007 The Haryana Police on the basis of a vital
clue visited Indore (M.P.) and had almost detected
the case, but they had to beat a retreat as the M.P.
Police, for some mysterious reasons refused to co-
operate with them.
Nov. 2008 The involvement of Lt.Col. Prasad Purohit in the
Samjhauta Express blast was disclosed during his
narco analysis test conducted by Maharashtra ATS
Chief Hemant Karkare in connection with the
Malegaon blast case 2008, but the I.B. allegedly
pressurized Hemant Karkare through the Central
Government not to pursue this line saying “This
would impair the Centre’s credibility internationally,
as when the train blast took place, the Centre had
blamed Pakistan ISI for the terror strike on the basis
of I.B.’s (baseless) insinuations.
18.05.2007 In Mecca Masjid of Hyderabad a bomb blast
took place, in which nine persons were killed and
many injured. It was found that two bombs with
similar timer devices had been planted; one of which
exploded and the other remained unexploded.
21.05.2007 The Times of India, Pune, in its issue dated May 21,
2007 reported that one of the SIM Cards used in the
Mecca Masjid blast was traced to one Babulal Yadav
of Asansol, West Bengal and was obtained on the
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basis of a forged driving license. The person by
that name however was not traced.
Jan. 2008 Maj (Retd.) Ramesh Updhyaya of “Abhinav Bharat”
in a meeting held at Faridabad admitted that Mecca
Masjid blast is the handi work of “their men” and Lt.
Col. Purohit informed that he had been doing the
‘operation’ to satisfy Israel’s precondition of showing
something on the ground before rendering help for
the cause of “Hindu Rashtra”.
Nov. 2008 During his narco analysis test in the
investigation of Malegaon 2008 blast case Lt. Col.
Prasad Purohit reportedly admitted his role in Mecca
Masjid blast.
11.10.2007 In the Dargah of KhwajaMainuddinChisti of
Ajmer Sharif a bomb was exploded at about 6.15
p.m. when a large number of people had gathered for
the “Iftar” (breaking of Ramzan fast) in which three
persons were killed and 15 injured. In this case also,
the perpetrators had planted two bombs one of which
exploded and the other remained unexploded.
15.10.2007 ‘The Times of India’, Pune, in its issue dated
October 15, 2007 reported that one of the SIM cards
used in the blast had been obtained by using the
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identity of a well known Ayurvedic Practitioner of
Gauhati (Assam).
Nov. 2008 Lt. Col. Prasad Purohit of “Abhinav Bharat” in
his narco analysis test admitted his role in the Ajmer
Sharif blast also.
2007
to 2010 Though absolutely specific and positive clues had
been available to the local police within a few days of
the incidents in respect of Samjhauta Express, Mecca
Masjid and Ajmer Sharif blasts, they were not
followed or not allowed to be followed meticulously
and were not taken to their logical end.
On the other hand the local police started
following altogether different lines of investigation
such as involvement of Pakistan’s ISI in Samjhauta
Express blast case or involvement of Bangladesh
based HUJI or Jaish-e-Mohammad and their operative
‘Bilal’ in Mecca Masjid blast case or LeT supported by
HUJI and Jaish in Ajmer Sharif blast case with ‘Bilal’
and one of the victim of the blast SayyedSaleem as
main suspects.
In Mecca masjid blast case, the police arrested
scores of Muslim boys in frivolous and fake cases and
tried to extract confession. But they could not
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succeed and all the boys were acquitted by the
trial courts.
Apparently the local police had been acting on
the tip-offs given by the I.B., which later proved to
be absolutely false and given with ulterior motive.
Oct. 2010 Later the investigation of Ajmer Sharif case was
taken over first by the ATS, Rajasthan and then by
the NIA. The ATS filed its supplementary charge
sheet in October, 2010 which was broadly endorsed
by the NIA later. The NIA also took over the
investigation of Samjhuata Express and Mecca Masjid
cases did further investigation and filed chargesheet
in 2011.
In its investigation, the NIA followed the same clues
which had been available to the local police in 2007
itself.
The NIA investigated the cases impartially and with
open mind and filed the chargesheets against totally
different persons i.e. those belonging to right wing
radical Hindu groups as against the theory of Muslim
originations and persons being touted all along.
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The Samjhuata Express, Mecca Masjid and Ajmer
Sharif blasts were transpired to be the handiwork of
the prominent RSS leaders. The plan was originally
mooted by Swami Aseemanand and one Sunil Joshi,
the head of “Jai Vande Mataram” who was formerly
the district RSS Prachar Pramukh of Mahu (M.P.). The
plan was executed by Sunil Joshi, with the help of
SandeepDange, Devendra Gupta, Lokesh Sharma,
RamjiKalsangra, Pragya Singh Thakur of “JaiVandeMataram” and of Lt. Col. Purihit,
DayanandPandey and Sameer Kulkarni of “Abhinav
Bharat”. All of them were associated with RSS.
Dec. 2010 &
Jan. 2011 Swami Aseemanand gave his confessional
statement before the Judicial Magistrates in
connection with both the Mecca Masjid and
Ajmer Sharif blast cases. He broadly
corroborated the facts revealed in the NIA’s
investigation. Moreover, he confessed that the
Malegaon 2006 blast was also caused by the
same group and categorically stated that the
Muslim boys arrested in Malegaon blast case
2006 and Mecca Masjid blast case 2007 were
innocent.
March, 2011 Consequent to the confessional statement of
Swami Aseemanand, the Malegaon blast case
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of 2006 was handed over to the NIA for
further investigation. It reviewed the evidence
collected by previous investigation agencies viz
ATS and CBI and also collected fresh evidence.
Its investigation brought out several new facts
in the form of statements and forensic reports.
Nov. 2011 When the nine accused in the Malegoan case of
2006 made applications for their release on bail,
the NIA decided not to oppose it in view of the
new revelations and hence the Special MCOCA
court released the accused on bail.
2006 It was not only in the investigation of above
mentioned four cases that the I.B. gave wrong
inputs to the local police and took the
investigation on wrong tracks; it has done it in
almost all the blast cases.
It is because of this that highly sensitive
matters such as the contents of the two lap-
tops recovered by HemantKarkare in the
Malegaon blast case 2008, which contained the
road map to “Hindu Rashtra”, mysterious
disappearance of U.S. national Ken Haywood, to
whom was traced the e-mail of Ahmedabad
blast, the SIM card found with one of the
terrorists killed in Batla House (Delhi)
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encounter having connection with
Aurangabad District of Maharashtra, the SIM
cards and mobile phones recovered in some
other cases, the cordial relations between the
then ATS Chief Maharashtra, K.P. Raghuvanshi
and the main conspirator and main supplier of
RDX Lt. Col. Prasad Purohit etc. have not been
thoroughly inquired into but have been
deliberately suppressed for the fear that the
whole conspiracy of the right wing radical Hindu
groups would be exposed.
2006-2008 Like in Samjhauta Express, Mecca Masjid and
Ajmer Sharif blast cases, many important leads
disclosed during the early investigation in some
other cases, viz. Mumbai train blast case 2006,
Ahmedabad and Surat bomb case of 2008,
Jaipur blast case of 2008 etc have been left
unpursued.
2006 to 2008 Such loop holes, were allowed to be kept in the
investigation as the local police or the state
investigation agencies did not have a free hand
in investigation. From day one the I.B. would
guide the course of investigation by declaring
the involvement of some Muslim outfits and/or
persons. It would then give wrong inputs to the
state investigation agencies or special
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teams and force them to manipulate
evidence to fit in its theory. The investigation
agencies would then illegally detain innocent
Muslim boys or arrest them in frivolous and
false cases, subject them to inhuman methods
of torture, even resort to “encounter” and
manipulate evidence such as confession,
statements u/s. 165 Cr. P.C., seizure of RDX,
arms and ammunition, recovery of Jihadi
literature, recovery of lap-tops containing
incriminating articles record connecting the
person to some terror outfit and so on and
would file a chargesheet on the basis of such
fabricated evidence.
16.10.2009 After the arrest of 11 operatives of “Abhinav
Bharat” in October-November, 2008 in the
Malegaon blast case 2008, the bomb blasts
almost stopped for a year, convincing the
people that the earlier blasts were also the
handiwork of right wing Hindu radical groups To
prove this public perception wrong a radical
Hindu terror group “SanatanSansthan”
attempted to cause a bomb blast on the eve of
Diwali festival on 16th October, 2009 at a place
in Margaon (Gao) where a large number of
Hindus were to gather. But the bomb went off
while being planted killing two terrorist of
“SanatanSanthan” and their plan failed.
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assistance. The NIA started the
investigation with open mind. But it did not get
any coo-operation from the ATS which refused
to disclose anything to NIA and started
arbitrarily dismissing the facts revealed by the
NIA. Ultimately NIA had to withdraw itself and
call all its officers to Delhi.
In the whole episode the I.B’s role has been
very dubious. There is a strong suspicion of its
having a nexus with the right wing terrorist
groups and pro-“Hindu Rashtra” forces. But
over the years it has become such a formidable
force that nobody dare touch it with the result
not a single I.B. officer has been punished or
removed inspite of having a overwhelming
evidence against many of them. Even its
stooges in the state police are also found to
enjoy impunity.
Barring some self detected cases like Nanded
case of 2006, or Margaon (Goa) case of 2008 or
those investigated by the then Maharashtra ATS
Chief, Late Hemant Karkare, almost all the blast
cases and other terror related cases have been
investigated with a biased and prejudiced mind
set. There have been umpteen number of
cases of utter discrimination where the
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members of the minority community have
been unfairly targeted by law enforcement
agencies and those of right wing radical Hindu
groups have been treated with kid gloves. It is,
therefore, necessary to review all the blast
cases and other terror related cases taken place
since 2002.
23.01.2012 Hence the present writ petition.
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IN THE SUPREME COURT OF INDIA
(Criminal Original Jurisdiction)
WRIT PETITION (CRIMINAL) No. 19 OF 2012
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF
1. Mr. Gulzar Ahmed AzmiAge: Adult, Occu:Social Work,R/at 32/29-C, Piru Lane,Mumbai 400 009
2. Mr. Sudhir SawantAge: Adult, Occu:Social Work,B - 102, Deccan Apartment,Khar Danda, Union Park,Mumbai 400 052. …Petitioners
VERSUS
1. Union of IndiaThrough, Secretary,Dept. of Home Affairs,Government of IndiaSouth Block, New Delhi.
2. State of Maharashtra
Through Chief Secretary,Govt. of Maharashtra,Mumbai.
3. State of RajasthanThrough Chief Secretary,Govt. of Rajasthan,Jaipur.
4. State of Andhra Pradesh,Through Chief Secretary,Govt. of Andhra Pradesh,Hyderabad.
5. State of Gujarat,Through Chief Secretary,Govt. of Gujarat,Gandhinagar.
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6. State of Delhi,Through Chief Secretary,
Govt. of Delhi,New Delhi.
7. State of Haryana,Through Chief Secretary,Govt. of Haryana,Chandigarh.
8. State of Karnataka,
Through Chief Secretary,Govt. of Karnataka,Bengurulu.
9. State of Tamilnadu,Through Chief Secretary,Govt. of Tamilnadu,Chennai. …Respondents
WRIT PETITION UNDER ARTICLE 32 READ
WITH ARTICLE 21 OF THE CONSTITUTION
OF INDIA FOR SEEKING ISSUANCE OF
WRIT IN THE NATURE OF MANDAMUS FOR
CONSTITUTION OF COMMITTEE TO
FURTHER INVESTIGATE ALL THE BOMB
BLASTS CASES TAKEN PLACE SINCE 2002.
TO,THE HON’BLE THE CHIEF JUSTICE OF INDIAAND HIS LORDSHIPS COMPANION JUSTICESOF THE HONOURABLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OFTHE PETITIONERS ABOVENAMED
MOST RESPETFULLY SHOWETH:
1.
The Petitioners are filing this Writ Petition praying
for orders and directions that investigations of all the
Bomb Blast Cases which have occurred through out the
country in recent years be reviewed and further
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investigated by a high level committee to be constituted by
this Hon’ble Court with a view to unraveling and exposing the
conspiracy behind the same and aims and objectives of the
conspiracy. The Petitioners submit that the issue is of vital
National importance as Muslims in the country are being
deliberately targeted and innocent Muslim boys are being
blamed for all the blast cases and arrested on fabricated and
false evidence which blasts, as revealed subsequently, have
been the handiwork of right wing Hindu organizations and
who are actively helped by the Investigating Agencies by not
going to the root of real conspiracy. The Petitioners submit
that the Muslims in general perceive that their community is
being unfairly targeted by Investigation Agencies, that the
Investigations of Bomb Blast cases are biased and prejudiced
and that the real perpetrators are not brought to book. This
perception by the Muslims is grave and threatens the very
secular fabrics of the society and if allowed to persist
portends grave and dangerous consequences for unity and
integrity of India. This perception of the Muslims has also
been endorsed by the Hon'ble Prime Minister in the meeting
of the National Integration Council (NIC) recently. The
petitioners for redressal of their grievances have made
representation dated 29.09.2011 to the Ministry of Home
Affairs which is still pending.
2. The Facts leading to the filing of the present Writ Petition is
as follows:
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3. The Petitioner No. 1 is a secretary legal cell of Jamiet
Ulema, Maharashtra having its office at Imam Bara
Compound, Imam Bara Road, Mumbai 400 009 and the
Petitioner No. 2 is a President of Shivrajya Party. The
Petitioners have been able to collect some of the
documents and material pertaining to some of the Bomb
Blast Cases and other terror related cases which have
taken place in the country during the last few years.
After going through the documents such as the charge-
sheets of the bomb blast cases and other terror related
cases, taken place in the country during the last few
years, the news paper reports of the investigation of
such cases, the confessional statements of some of the
real accused persons, the admission by the members of
a right wing radical group ‘Abhinav Bharat’ owning
responsibility for such blasts, the affidavits filed by some
accused persons allegedly falsely implicated in such
cases and some other material including the fourth
edition of the book “Who Killed Karkare? – The Real Face
of terrorism in India” written by the former I.G.P. of
Maharashtra, the Petitioners are constrained to come to
the conclusion that most of the cases have not been
investigated impartially and with a open mind; but have
been investigated with prejudiced & preconceived view
and thus, are the classic examples of blatantly
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discriminatory investigations targeting the Muslim
community in general as detailed below:
[I] Vital clues intentionally not pursued for three
years :
4. The investigation agencies like some state ATS and/or
NIA have recently i.e. in 2010-2011 filed fresh
Chargesheets in courts in respect of the bomb-blast
cases of Mecca Masjid, Ajmer Sharif and Samjhauta
Express that had taken place in 2007. In case of Mecca
Masjid and Ajmer Sharif, the NIA have filed
chargesheets against totally different accused persons
belonging to right wing radical Hindu groups as against
the theory of involvement of Muslim organizations and
persons being pursued and propagated all along by the
investigation agencies of the states concerned. After
going through the charge-sheet of the Ajmer Sharif case
and reading the excerpts of the other charge-sheets
published in some news-papers and periodicals, any
person having a modicum of common sense and
elementary knowledge of law & investigation would ask :
why did the earlier investigation agencies did not
investigate the cases in 2007 itself on these lines when
the same clues had been available to them then? And
why did they follow a totally different line and arrest
innocent Muslim boys in as in case of Mecca Masjid
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blasts case merely on suspicion without any concrete
evidence and make them languish in jail for months and
years on end?
In case of Samjhauta blast case also, important clues
were available in 2007 itself, but for some unknown
reasons the investigation was not completed till 2011
when the NIA took it to its logical end.
Mecca Masjid & Ajmer Sharif Cases :
The Rajasthan ATS filed its 806 pages chargesheet
against six accused in the Ajmer Sharif blast case of
2007 on 15-10-2010 and it was also broadly endorsed
by the NIA later. The facts that led to cracking of the
case, as given in the chargesheet are as follows:
The perpetrators had planted two bombs – one of them
exploded, the other remained unexploded. In both the
bombs SIM cards and mobile phones were used as timer
devices. During the investigation the SIM card in the
exploded bomb was tracked down to Airtel’s Bihar-
Jharkhand range and was found to have been activated
on June 2, 2006. The purchase details were tracked to a
name called Babulal Ramfer Yadav r/o Village Kangoi,
Post Mihijam, Dist. Dumala. This was purchased from a
shop called “Mobile Care” in Dumala, Jharkhand by using
a forged voter identity card.
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The SIM card in the unexploded bomb was found to
have been purchased from the West Bengal net-work of
Hutch/Vodafone in the name of one Babulal Manohar
Yadav r/o Rup Narayanpur, Asansol. It was purchased
from a shop “Sargam Vision Audio” Chittaranjan, West
Bengal by using a forged driving licence.
Further probe revealed that 11 such SIM cards had been
procured by using forged voter identity cards and forged
driving licences from areas around Jamtara, Mihijam and
Asansol between May 24, 2006 and November 26, 2006
and that 8 mobile phones had also been purchased
during that period.
During the course of the investigation a striking
similarity was noticed between Ajmer Sharif blast of
October 11, 2007 and the blast taken place earlier in
Mecca Masjid, Hyderabad on May 18, 2007, in which
also two bombs with similar timer devices had been
planted, one of which exploded & the other remained
unexploded. It was further disclosed that the two SIM
cards used in Mecca Masjid blasts were also from among
the 11 cards purchased in Jharkhand/Bihar and West
Bengal area.
Later, with the help of the experts the police got to know
the IMEI numbers of the four mobile phones connected
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with the four SIM cards (i.e. of the mobile phones in
which these SIM cards had been used some time in the
past). They also got to know that those mobile phones
were being used by some persons in two villages of
Shajapur district, Madhya Pradesh.
Further investigation revealed that one Chandrashekhar
Leve, the RSS district Pracharak of Shajapur district had
gifted the mobiles to these persons. During
interrogation, Chandrashekhar confessed that three
hand-sets had been given to him by one Sandeep
Dange, who had been RSS district Pracharak of Shajapur
from 2000 to 2005 and who had been wanted by
Maharashtra ATS in 2008 Malegaon blast case. These
revelations led the police to Devendra Gupta a close
associate of Sandeep Dange. Gupta had been the RSS
district Pracharak of Jamtada during the period when 11
SIM cards and 8 mobile phones were procured. And the
places from where they had been procured viz. Jamtada,
Mihijan and Asansol came under him as RSS Pracharak.
On the basis of this information police arrested him on
April 29, 2010. He confessed to his guilt and disclosed
the names of other conspirators and the facts
concerning the conspiracy.
It was further revealed that the plan was originally
mooted by one Sunil Joshi, the head of an organization
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“Jai Vande Mataram”, who was formerly the district RSS
Prachar Pramukh of Mahu (M.P.) and Swami
Aseemanand, a Gujarat based prominent RSS leader.
The plan was executed by Sunil Joshi with the help of
Sandeep Dange, Devendra Gupta, Ramji Kalsangra,
Pragya Singh Thakur, Lokesh Sharma of “Jai Vande
Mataram” and of Lt. Col. Purohit, Dayanand Pande and
Sameer Kulkarni of “Abhinav Bharat”, with Swami
Aseemanand playing a major role in bringing the two
originations together. True translated copy of the
charge-sheet filed in Ajmer Sharif blast case is annexed
as Annexure –P/1 (Pages 104 to 146)
The earlier investigations intentionally avoided to
pursue vital clues.
The million dollar question is why the ATS of Rajasthan
and Andhra Pradesh police did not arrest the real
conspirators when the vital pieces of information in the
form of SIM cards were available to them in 2007 itself.
The Times of India, Pune in its issue dated May 21, 2007
had reported that one of the SIM cards used in the
Mecca Masjid blast had been traced to one Babulal
Yadav of Asansol, West Bengal. In respect of the Ajmer
Sharif blast case also the Times of India, Pune had
reported on October 15, 2007 that one of the cards used
in that blast had been obtained by using the identity of a
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well known Ayurvedic practitioner of Gauhati (Assam).
With this information at hand, it was only a matter of
time before they had got to the conspirators. But it
appears that both the Rajasthan & Andhra police
intentionally did not pursue these vital clues.
The former I.G. of Police, Maharashtra, Mr. S.M. Mushrif,
in his book, “Who Killed Karkare? – The Real Face of
Terrorism in India”, has quoted the above mentioned
news-paper reports and lambasted the investigation
agencies for intentionally ignoring such important pieces
of evidence and has suggested on page no. 130 [point
B(i)] and page no. 137 of the book what ought to have
been done, to get to the real culprits on the basis of
these clues. Though the news-paper reports appeared in
2007 and Mr. Mushrif’s book was released in 2009,
preciously little seemed to have been done by both the
state police to detect the case. On the other hand, they
had been picking up or arresting scores of Muslim boys
merely on suspicion and had been trying to extract
confessions from them. Apparently, they had been doing
it at the behest of some ideologically perverted
influential forces. Three years on, the ATS Rajasthan,
and NIA have followed the same clues and busted the
conspiracy. Copy of the relevant pages Nos.9-10, 23-30,
46-56, 59-156, 159, 163-177, 182, 191-195, 261-263,
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266-270, 273-276, 279-281 of Mr. Mushrif’s book “Who
Killed Karkare?” is annexed as Annexure–P/2. (Pages
147 to 381)
Samjhauta Express Case :
The same is the case with the Samjhauta blast-
investigation. As early as March 2007 i.e. within a month
of the blast the Haryana police had visited Indore (M.P.)
and had almost detected the case. But they had to beat
a retreat as the M.P. police, for some mysterious
reasons, refused to cooperate with them. Again, later, in
Nov. 2008, when the narco analysis test was conducted
on Lt. Col. Purohit during the course of the investigation
of Malegaon blast case, 2008, his involvement in the
Samjhauta blast case was disclosed; but the I.B.
allegedly pressurized the ATS Maharashtra headed by
Hemant Karkare not to pursue this line saying “This
would impair the Centre’s credibility internationally, as,
when the train blast took place, the Centre had blamed
Pakistan ISI for the terror strike on the basis of the
Bureau’s (I.B’s) finding.” (page no. 122 to 126 of “Who
Killed Karkare”) In short, the IB wanted to suppress the
facts to cover up its own goof-ups.
Thus, the I.B. twice scuttled the investigation of the
case; otherwise, this case also would have been
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detected in 2007 itself. It appears from the chargesheet
that the NIA picked up the investigation where the
Harayana police had left it in March 2007 and completed
it in 2011. Copy of the excerpts of the Samjhauta Blast
charge-sheet as published in the Indian Express, Pune
dated June 22, 2011 is annexed as Annexure –P/3
(Pages 382 to 392)
[II] Confessional statement of Swami
Aseemanand further corroborated the facts
5. The Confessional statements of Swami Aseemanand
given before the judicial magistrates in December 2010
in connection with the Mecca Masjid blast and in Jan.
2011 in connection with Ajmer Sharif blast have not only
corroborated the facts revealed by the ATS & NIA in
respect of those two cases, but also established that the
Malegaon blast of 2006 and the Samjhauta Express blast
of 2007 were also the handiwork of right wing Hindu
communal forces. Swami Aseemanand had admitted the
following facts in his confession :
i) He had been in contact with the ultra right wing
organization “Jai Vande Mataram” of Sunil Joshi
and Pragya Singh Thakur since 2003 and with
“Abhinav Bharat” of Lt. Col. Prasad Purohit,
Dayanand Pandey, Pragya Singh Thakur (she being
a common conduit) since 2006.
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ii) He participated in many meetings in which
conspiracies of bomb-blasts had been hatched.
iii) He was also present in the important meeting held
in June 2006 in which the main targets for blast
were fixed. He himself had suggested Malegaon,
Hyderabad and Ajmer Sharif as targets with due
justification for their selection; Sunil Joshi had
suggested Samjhauta Express which was endorsed
by him.
iv) He motivated the cadres saying that “bomb should
be answered by bombs” and guided the youths at
every stage.
v) He provided them logistical & financial support.
vi) All blasts were carried out by his cadres as per the
plan finalized in the meeting; but the Muslim boys
were falsely implicated by the police.
vii) He had harboured and/or escorted the culprits
involved in the blast cases.
True translated copy of the confessional statement
of Swami Aseemanand posted on Tehlakha.com is
annexed as Annexure –P/4 (Pages 393 to 407)
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True translated copy of the confessional statement
of Swami Aseemanand recorded by the Court
under Section 164 Cr. P.C. is annexed as
Annexure –P/5 (Pages 408 to 418)
As the facts mentioned by Swami Aseemanand,
perfectly match, on material points, with the facts
revealed by the NIA in the Mecca Masjid, Ajmer
Sharif and Samjhauta blast cases, there is
absolutely no reason to disbelieve his statement.
The firmness and resolution with which he has
given both his confessional statements leave no
room to doubt their authenticity and credibility.
That being so, there is no option but to accept his
statement in regard to Malegaon 2006 blast case
also.
[III] The Affidavit of the accused-turned-approver
in Malegaon blast case 2006
6. Much before Swami Aseemanand gave the
confessional statement, an alleged accused-
turned-approver in the Malegaon blast case of
2006, Abrar Ahmed Gulam Ahmed had filed an
affidavit in the designated court on 18th April 2009.
True translated copy of the Affidavit is annexed as
Annexure –P/6 (Pages 419 to 443). Though
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the whole affidavit may not be insisted upon to be
taken at its face value, there are many facts in the
affidavit which can easily be verified and their
veracity tested, e.g.,
1) Whether the mobile phone bearing no.
9823436809 through which the alleged
conversation of the accused with one Hamid
Husain Javed Iqbal was recorded by the
police in Oct. 2006 really belonged to the
accused. Or, as alleged by the accused, it
was given to him by the police (This can be
verified from the administrative records of
the mobile company)
2) Whether the Suptd. of Police, Nasik district,
Rajvardhan, had been in contact with the
accused with his (Rajvardhan’s) phone
numbers 9422250775 and 9821024333
during the period of the alleged illegal
detention of the accused i.e. from 2nd week of
Sept. to 2nd week of Dec. 2006 and even
thereafter till March 2007. (This can easily be
established from the call-records of the
phones belonging to the accused and
Rajvardhan)
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3) During his alleged illegal detention, whether
the accused was taken to various places in
Maharashtra, Madhya Pradesh and Mumbai
city and lodged in some hotels or lodges or in
private houses (This can be verified from the
call details concerning the locations of the
relaying towers of the mobile company
concerned.)
4) Whether his father-in-law Iqbal Chowdhari
and brother-in-law Farooq Wardha, after
allegedly receiving the money (Rs. Seven
lakhs & one lakh respectively) from the
police, repaid their outstanding debts as
claimed in the affidavit or kept the same in
their bank accounts or expended it otherwise.
5)
Whether on 23rd and 24th Oct. 2006, the
accused was kept in the house of Lt. Col.
Purohit at Deolali Camp, Nasik. (As the
accused had allegedly contacted his brother
from that place through his mobile phone,
this fact can be verified from the call-details
concerning the relaying towers of the mobile
company). This information assumes a
special significance as one of the officers
alleged against viz. K.P. Raghuvanshi was
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very close to Lt. Col. Purohit as alleged on
page no. 261 to 263 of Mr. S.M. Mushrif’s
book “Who Killed Karkare?”.
[IV] Doubtful investigation of Malegaon blast case
2006
7. Mr. S.M. Mushrif, in his book, has brought out that
initially the local police had been investigating the
case on the correct lines and had found some
important clues; but the I.B. suddenly stepped in,
in the garb of the then ATS Chief K.P. Raghuvanshi
and by totally changing the complexion of the case
started picking up innocent Muslim boys on flimsy
grounds (page no. 78 to 80 of the book). However,
following the public out-cry the state Govt.
transferred the investigation to the CBI. But hours
before the case was handed over to the CBI, the
charge-sheet was submitted in the court by the
ATS. (The Indian Express, Mumbai, 21 December
2006 as referred to on page no. 80 of “Who Killed
Karkare?”). Though later the CBI reinvestigated
the case, it, for some unknown reasons, stuck to
the theory of the ATS and submitted the
chargesheet. As both the chargesheets were
apparently based on fabricated evidence they
suffered from serious infirmities viz.
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i) One of the accused mentioned in the chargesheet
Mohammad Zahid Abdul Majid Ansari was leading a
prayer 700 km. from Malegaon at the time of the
blast. According to the charge sheet he is accused
no. 8 and he actually planted bombs at Mushavarat
Chowk. Copy of the relevant pages i.e. page nos.
1,3,5,39,131,133 & 143 of the Charge-Sheet,
bearing C.R.No.07/2006 at ATS Police Station,
Mumbai is annexed as Annexure –P/7 (Pages
444 to 456). But there is overwhelming evidence
to prove that on the date and at the time of the
blast he was leading a Friday prayer at village
Phool Sawangi in Yeotmal district of Maharashtra,
which was about 700 Km from Malegaon. Copies of
the Affidavits of three witnesses Rashid Khan
Abdulla Khan Pathan, Shaikh Mohiuddin Shaikh
Manek and Salma wife of Mohd. Zahid Ansari’s
and a written statement signed by almost the
whole Muslim population of the village is annexed
as Annexure –P/8 (Colly) (Pages 457 to 475).
ii) The alleged main conspirator, Shabbir Masiullah
had been in the custody of Mumbai police since
two months before the blast; i.e. since July, 2006.
But he was arrested in this case on the ground that
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a sample of the soil taken from his factory-cum-
godown contained traces of RDX. (Incidentally, the
sample of the soil was taken only from one place
i.e. his factory.)
iii) Another accused Noorul Huda had been under
police surveillance since long before the blast. He
was first arrested on 8-10-2006 in a minor case
(as had been the patent practice of the police) for
allegedly possessing SIMI literature and then he
was arrested in a case of planting of a hoax bomb
(which also appeared to be a handi work of police
as a precursor to manipulation of evidence) on the
ground that he had been working in the battery
factory of Shabbir Masiullah.
iv) A body having no lower part and bearing a fake
beard was missing; (This point assumes
importance in view of the fact that one person by
name Dashrath Pawar has been reportedly missing
since the blast.)
The C.M. Maharashtra, the Chairman NCM
(National Commission for Minorities) and even the
CBI which has earlier re-investigated the case have
admitted that the 2006 Malegaon blast-case
investigation was unfair and something was
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seriously wrong with it. Copies of the press-
cuttings of T.O.I, Pune, dated Feb. 21, 2011;
March 4, 2011; and March 7, 2011 is annexed as
Annexure –P/9 (Colly) (Pages 476 to 481)
Moreover, while investigating the Malegaon blast
case 2008, the ATS under Hemant Karkare had
come to a conclusion that “some of 54, youths who
participated in the training camp in Nagpur in 2001
were involved in two Malegaon blasts and Nanded
blasts.” (Marathi daily Sakal , Pune, 10 Nov. 2008,
as referred to on page no. 182 of “Who Killed
Karkare?” at Annexure B). However, after the
death of Hemant Karkare in the Mumbai terror-
attack of 26/11, this theory was deliberately not
pursued, fearing that the falsity of the ATS and the
IB would be exposed.
Even when Swami Aseemanand confessed to this
offence (Malegaon blast 2006) in his confessional
statements before the judicial magistrate in the
Mecca Masjid blast case on 18th Dec. 2010 and also
in the Ajmer Sharif blast case on 15th Jan. 2011
and categorically stated that the Muslim boys
arrested in Malegaon blast 2006 case were
innocent, those boys who had been languishing in
jail for years were not released on bail till 16th Nov.
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2011. Apparently, the IB officers had been
pressuring the Govt. and also misguiding the
courts by submitting false reports in sealed covers
or by falsely briefing the judges in the chambers,
as they apprehended that if these boys were
released, it would set off a chain reaction of
demands for reinvestigation of all the blast cases
and for release of innocent boys & consequently
the IB’s whole game-plan would be exposed.
At last they were released on bail.
However, following public out-cry after Swami
Aseemanand’s confession, the investigation was handed
over to the NIA in March 2011. The nine accused
arrested in this case also made fresh applications for
their release on bail on the basis of the revelations made
by Swami Aseemanand. The NIA informed the Court that
it would not oppose the bail. In its reply to the bail
application the NIA stated that “It had reviewed the
evidence (collected by previous investigating agencies
ATS and CBI) and also collected fresh evidence” ……….
“The investigation has brought out several new facts and
circumstances in the form of statements and forensic
reports”. …….. “(After the accused made bail
applications), the investigating officer placed new
findings and circumstances in the form of evidence
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8. Even before Swami Aseemanand confessed his
guilt in Dec. 2010, the members of the radical right
wing terror group “Abhinav Bharat” had admitted
their role in the blasts way back in Jan. 2008. The
transcriptions of deliberation of one of their
meetings held in Jan. 2008 in Faridabad and of
their telephonic conversation, both found in the
lap-top of Dayanand Pandey have been enclosed
as Vol. III B with the chargesheet of the Malegaon
blast case 2008. The relevant excerpts from the
transcripts are as given below:
Maj. (Retd.) Ramesh Upadhyay :
“………..for example what happened in Hyderabad
Mosque or at other places was not done by anybody
from ISI; it was done by our person. On the basis of my
information, I can say that it was done by this particular
person. I do not (exactly) know whether it was him or
not. Col. Will tell you whether he was the person or
not…………..It is not correct to give this example; but
after the killing of Mrs. Indira Gandhi, the people and
Hindus were so much enraged that they started
thrashing (and killing) Sikhs indiscriminately.” (Page
No. 896 in the volume)
Lt. Col. Purohit :
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“………I have done two operations. They were successful
Swamiji (Dayanand Pandey), I have the capacity to
carry out operations. I have no dearth of equipment
[explosives]. Once I decide I can procure the
equipment…….” (Page No. 820) in its volume)
Lt. Col. Purohit :
“…….I am in contact with Israel. One of our captains has
visited Israel. Very positive response from their side.
They have said “You show us something on ground”.
…………… Secondly, they say they cannot support us in
the international forum under the present circumstances
for two years, till our movement does not gather some
momentum. Political asylum any time; equipment and
training once we show something on ground. I am trying
to achieve that…..” [Page No. 820 to 821 in the volume]
True translated copy of the relevant pages i.e. the index
of list of witnesses and page nos. 669 to 672 of Sr. No.
47 in the index, page nos. 820 and 821 of Sr. No. 70 in
the index and page nos. 896 of Sr. No. 71 in the index
of the Vol. III B which has been enclosed with Malegaon
2008 charge-sheet bearing C.R. No.18 of 2008 at ATS
Police Station, Mumbai is annexed as Annexure –P/11
(Pages 488 to 506)
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The above mentioned conversations have a very high
evidential value, as these conversations have not been
recorded by the police either during the interrogations of
the persons concerned or while they were in police
custody. These conversations have been voluntarily
recorded by the members of ‘Abhinav Bharat’
themselves and found saved in their own lap-tops.
Therefore there can be no accusation of coercion or
manipulation with regard to them. They have to be
accepted as an important and conclusion piece of
evidence.
[VI] The fraudulence of earlier investigation :
9. The most significant fact that the fresh
investigation of Mecca Masjid, Ajmer Sharif and
Samjhauta blast cases, the confessional statement
of Swami Aseemanand, self recorded confession of
members of ‘Abhinav Bharat’ and the affidavit of
Abrar Ahmed have brought to the fore is that the
earlier investigation in all these cases were frauds
and all the pieces of evidence produced in the
courts against the innocent Muslim boys such as i)
confessional statements of the accused, ii)
statements of witnesses u/s 165 Cr.P.C., iii)
statements of the accused-turned-approver, iv)
recovery of RDX or arms or ammunition, v)
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recovery of ‘Jihadi’ literature, vi) recovery of lap-
tops containing incriminating material, vii) call-
records of mobiles, viii) the records of journey to
foreign countries for terror-training, ix) the records
connecting the accused with known or unknown
terror outfits etc. were false and concocted. In this
connection, the below mentioned diabolical method
adopted by the Hyderabad police will definitely
make the right thinking persons shudder.
As a pretext for arresting innocent Muslim boys in the
Mecca Masjid blast case of May 2007, the Hyderabad
police registered three false and imaginary cases such
as i) C.S.S. (Central Crime Station), D.D. Hyderabad
C.R. No. 54/2007 for allegedly trying to secure a
passport by giving a false name and address and
furnishing false documents; ii) Gopalpur P.S.
(Hyderabad) C.R. No. 198/2007 for having illegally
crossed over to Bangladesh, getting training for
preparation of bombs for having kept a bag at the
decided place and for having shared sweets with
conspirators after the successful execution of Mecca
Masjid blast and iii) C.C.S., D.D. Hyderabad C.R. No.
75/2007 for allegedly obtaining a mobile phone in
another person’s name by producing fake and forged
documents and for communicating with associates of ISI
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etc. They arrested scores of Muslim boys in these fake
offences, subjected them to inhuman methods of torture
and tried to obtain confession in the Mecca Masjid blast
case. But fortunately the police could not succeed.
Eventually all these cases ended in acquittal with the
Judicial Magistrates concerned passing serious stricture
and sarcastic remarks against the police.
In this connection, two remarks, one of a trial judge and
the other of the one man commission are worth quoting
here. These remarks have been quoted in the “Note on
visit to Hyderabad with reference to the minorities and
Mecca Masjid Blast Case” enclosed with the D.O. letter
written by the Chairperson of the National Commission
of Minorities to the Chief Minister of Andhra Pradesh
dated August 2, 2011 :
1) The VIIth Addl. Metropolitan Sessions Judge Mr. A.
Radha Krishna, while acquitting three Muslim youths
arrested in Crime No. 198/2007 of Police Station
Gopalpuram, Hyderabad (one of many cases of Jehadi
terrorism fabricated by the police mainly to frame
Muslim youths in Mecca Masjid blast) has observed
that “Except the alleged confessional statements
rendered to police officers there is no other evidence
available connecting the accused with the theory of
conspiracy to wage war against Government of India
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established under law or making any attempt to
create any hatredness against the government
established under law. The arrest and seizure were
not supported by the panchas in whose presence
prosecution alleges that the incriminating documents
have been seized from the possession of the accused.
Thus, under the circumstances, except the evidence
of Investigating officer, there is no other material on
record and as already stated supra it is not known
what the CDs contain and also the Urdu literature. It
is to be concluded that the prosecution failed to
produce any legally acceptable evidence to suggest
that the accused conspired for waging war against the
Government of India or made any attempt to bring in
hatredness against the Government.”
2) The Andhra Pradesh state minority Commission had
appointed Advocate Ravi Chandran as a commission
to investigate into the complaints of abuse, illegal
detention & torture of Muslim youth by the police. He
submitted his interim report in September, 2007,
wherein he mentioned all the atrocities in detail. He
summed up his report saying “If you have tears, this
is the only occasion when you can shed them.” This
sentence speaks volumes about the state of affairs.
Copy of the D.O. letter of the chairperson of the
National Commission of the Minorities to the C.M. of
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AP and the note is annexed as Annexure –P/12
(Pages 507 to 524)
Moreover, while acquitting the Muslim boys arrested
in another offence i.e. the CCS, DD Hyderabad C.R.
No. 75/2007 the judge of the VII Addl. Metropolitan
Magistrate Court, Hyderabad has observed in the
judgement, “In fact, no piece of paper is produced or
for that matter no piece of evidence is let in to show
that accused no. 1 impersonated Vinay Venkatesh
and obtained the cell connection in the name of Vinay
Venkatesh and used the same for terrorist activities”.
Copy the judgment dated 21.7.2008 passed by Court
of the VII Addl. Metropolitan Sessions Judge,
Hyderabad in Session Case No.42/2008 is annexed as
Annexure –P/13 (Pages 525 to 544)
Wrong investigations – IB’s conspiracy
What is more significant is the fact that all the above
mentioned cases were previously investigated by the
police of four different states viz. Mecca Masjid case by
Andhra Pradesh Police, Ajmer Sharif case by Rajasthan
Police, Malegaon 2006 case by Maharashtra Police (and
later by CBI) and Samjhauta Express case by Haryana
police. But all of them were deliberately given the wrong
in-puts by the IB as regards the involvement of Muslim
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organization and Muslim boys. After the fresh
revelations, the police forces in the above four states
and their special investigation teams, who were the de
jure investigation agencies, got confused and
bewildered, as they did not realise that they were mere
puppets in the hands of the right wing radical elements
in the IB who deliberately fabricated false stories,
manipulated the evidence and handed out the
investigation packages in the garb of intelligence inputs
to the local police for execution. They could never
imagine that those (i.e. IB officers) whom they
considered experts in terrorism were part of the anti-
national terror conspiracy of ideologically perverted
groups.
Thus, in the whole episode the most disturbing fact is
that the country’s premier intelligence agency has been
responsible for deliberately misguiding the state police
and for getting the innocent Muslim boys arrested and
for willfully protecting the anti-national right wing forces
like “Abhinav Bharat”, “Jai Vande Mataram” and other
sleeper cells of and Sangh Pariwar engaged in the nation
wide terror plot aimed at knocking down the consitution,
over throwing the present Govt. and establishing the
‘Aryavart Hindu Rashtra.’ (page Nos. 815 to 827 of
Sr.No. 70 given in the index of volume III B at Annexure
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J). The sympathizers of the anti national forces
ensconced in the IB have the apprehension that if the
real picture emerges, their secret understanding with
the right wing anti-national forces will be exposed, and
their credibility will hit rock-bottom, apart from suffering
the criminal action. It is because of this apprehension
that they have been pressurising the investigating
agencies & misguiding the courts not to release the
wrongly arrested innocent Muslim boys on bail and have
been putting spokes in the speedy reinvestigation of the
cases.
[VII] The Short-comings in theNIA’sinvestigation of Mecca Masjid, Ajmer Sharifand Samjhauta blast cases :
10. Though the NIA has investigated the Mecca Masjid,
Ajmer Sharif and Samjhauta Express blast cases
fairly impartially, curiously enough, it has avoided
to trace the origin of the explosives used in the
blasts. From the facts revealed in the early stage
of investigation of Malegaon blast case 2008, from
the confessional statements of Sudhakar
Chaturvedi and Dayanand Pande (Outlook , 19 July,
2010) the accused in Malegaon case, from the
statement of the President of Abhinav Bharat, Smt.
Himani Savarkar in the Malegaon blast case
(though her name is blacked out, it is apparent
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from the contents and other references) (page no.
669 to 672 of Vol. III B given at Annexure J) and
from Lt. Col. Purohit own admission in the meeting
(page no. 820 of the volume), it was apparent that
Lt. Col. Prasad Purohit was the main supplier of
explosives. Under these circumstances it is not
understood what prevented NIA from naming him
as the source of explosives used in the blasts and
showing him, Pragya Singh, Indresh Kumar and
some others as accused in the chargesheets. The
earlier they do further investigation and file
supplementary chargesheets the better it is. True
translated copy of Excerpts of Confessional
Statement of Sudhakar Chaturvedi and Dayanand
Pandey as reported in Outlook Magazine dated
19.7.2010 is annexed as Annexure –P/14 (Pages
545 to 545)
[VIII] I.B.’s dubious role in other blast cases also:
11. However, the ends of justice would not be met
merely by taking only the above mentioned four
cases to their logical ends and probing the role of
the IB only in those investigations. All the blast
cases, taken place during the last 8-9 years, need
to be reinvestigated as, in all these cases the I.B.
is suspected to have played a diabolical role by
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poking a spoke in the correct investigation, by
intentionally giving wrong inputs to the state police
along with packages of manipulated evidence and
by getting innocent people arrested in order to
shield the real right wing terrorists. This aspect has
been dealt at length in chapter no. III of Mr. S.M.
Mushrif’s book “Who Killed Karkare” (page no. 59
to 156 at Annexure B)
How the I.B. suddenly stepped in the investigation
and made the local police change their correct line
of investigation will be evident from the following
examples :
I.B. intentionally misguiding the investigation
agencies by giving wrong in-puts :
1) Mumbai train blast : 2006 :
i) On the very first day, I.B. confirmed that the
cadres of SIMI were responsible for the blasts.
( Afternoon, Mumbai, 12 July 2006 as mentioned on
page no. 63 of “Who Killed Karkare?”)
ii) I.B. took over the charge of investigation. I.B.
maintained utmost secrecy. Except ATS Chief K.P.
Raghuvanshi, nobody knew about the
investigation. (Marathi daily Sakal , Pune 22 July
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2006 as mentioned on page no. 63 of “Who Killed
Karkare?”
2) Ahmedabad & Surat Case 2008 :
i) Intelligence officials are veering round the view
that local SIMI activists have engineered the serial
blasts and that “Indian Mujahideen” was a front for
outfits like LeT, JeM or HUJI and that operation
was funded from outside India. (The Telegraph,
Mumbai, 28 July 2008 as mentioned on page no.
84 of “Who Killed Karkare?”)
ii) All anti-terrorist operations conducted in Gujrat in
the aftermath of communal violence were wholly
based on the tips from central intelligence
agencies. (T.O.I. Mumbai, 27th July 2008 as
mentioned on page no. 84 of “Who Killed
Karkare?”)
3) Delhi blast case 2008 :
i) “During the investigation, the Central Intelligence
Agencies shared three mobile numbers,
9712398204, 9714552899 and 9724764196 used
by the terrorists in Ahmedabad Gujarat.” (The
chargesheet filed by the Special Cell of Delhi police
on 27-02-2009)
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ii) Investigators continued to wait for lead either from
the central intelligence agency or the state STF
(The T.O.I., Pune 26 Nov. 2007 as mentioned on
page no. 142 of “Who Killed Karkare?”)
iii) On a tip-off from the central intelligence, the STF
of U.P. police on Saturday morning i.e. on 22
December 2007 arrested two suspected terrorists
near Barabanki railway station for their
involvement in the blast. (The T.O.I. Pune, 23
December 2007 as mentioned on page no. 142 of
“Who Killed Karkare?”)
5) Jaipur blasts 2008 :
i) Union Home Ministry sources (i.e. intelligence
agencies) said Bangladesh based HUJI was
suspected to be behind blasts. (Page no. 148 of
“Who Killed Karkare?”)
ii) Intelligence sources say the RDX may have been
smuggled from Bangladesh…. (The Times of India,
Pune, 15 May 2008 as referred on page no. 148 of
“Who Killed Karkare?”
iii) The officials connected with the investigation made
it clear that the investigation would proceed only
when they got inputs from central agencies as the
network of terrorists was national and
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international. (The Milli Gazette, 1-15 June 2008 as
mentioned on page no. 152 of “Who Killed
Karkare?”)
[IX] Intentionally suppressed Highly sensitive matters,
which if probed deep, would expose and root out the
nation-wide terror network:
12.
It has been noticed that some sensitive matters of
vital importance, which if probed deep could have
changed the very complexion & perception of
terrorism in India have deliberately been not
inquired into thoroughly and taken to their logical
ends e.g.
1) The two lap-tops – a pandora’s box
During the course of the investigation of the Malegaon
bomb blast case 2008, the then ATS Chief of
Maharashtra, Hemant Karkare, had recovered two lap
tops, one each from Lt. Col. Purohit and Mahant
Dayanand Pandey alias Sudhakar Dwivedi. Going by the
news-paper reports, and the contents of the book “Who
Killed Karkare?” they seemed to contain a lot of
information about the nation-wide terror-plot of the
radical right wing group ‘Abhinav Bharat’, such as the
names of political and religious leaders sympathizing
with the theory of “Hindu Rashtra”, the names of the
industrialists, builders, diamond merchants etc. who
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financed this cause, the proceeding of the meetings of
“Abhinav Bharat” taken place at various places in the
country in which conspiracies were hatched and future
plans discussed and also the names and details of 54
young terrorists specially trained at Pune, Nagpur and
elsewhere. In short, the two lap-tops were the pandora’s
box and contained the road map to the so called “Hindu
Rashtra”. So long as Hemant Karkare was alive and
investigating the case, the information contained in the
laptops used to trickle down, almost on daily basis. But
since his death and after the taking over of the case by
K.P. Raghuvanshi, there appears to have been a total
black-out. Except for the transcription of a couple of
meetings connected with the Malegaon blast 2008,
which Hemant Karkare had got prepared in his life time,
for enclosing the same with the chargesheet, nothing
has been heard. (Page no. 177, 266 to 268 of “Who
Killed Karkare?”)
The charge-sheet of the Malegaon blast case filed in
January 2009, says “………..However, report about
analysis of the contents of lap-tops, mobile phones, pen
drives taken charge of during the course of investigation
is received from FSL, Mumbai, on 17.01.2009.
Transcripts of some audio tapes retrieved by FSL from
the hard disc of lap-top of accused Sudhakar Dhar
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Dwivedi (i.e. Dayanand Pandey) (A-10), are prepared
and submitted alongwith the charge-sheet. The material
retrieved by FSL, from the hard disc of lap-top of
accused Sudhakar Dhar Dwivedi and mobile phones, pen
drives, other lap-tops is voluminous. Therefore, it is
necessary to study the material received from the FSL
and investigate further in the case. Preparation of the
transcripts of the audio and video is in progress.
Therefore, separate application requesting to grant
permission to investigate further under section 173 Cr.
P.C. is submitted herewith”.
2) Raghuvanshi – Purohit connections :
Against this background, it is surprising that within
hours of the killing of Hemant Karkare and even before
his mortal remains were consigned to flames, K.P.
Raghuvanshi was again “temporarily” appointed (and
later confirmed) as the head of ATS, Maharashtra, which
was then investigating, among other cases, the
Malegaon blast case of 2008, of which Lt. Col. Purohit
was the mastermind. This amounted to a protégé
investigating the case in which his mentor was the main
culprit. (Page no. 261 to 263, 279 to 281 of “Who Killed
Karkare?”). Therefore, all the matters connected with
right wing Hindu terrorism investigated by ATS
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Maharashtra during the tenure of K.P. Raghuvanshi as
its chief need to be reinvestigated.
The relations between the then Maharashtra ATS Chief
K.P. Raghuvanshi and the main supplier of RDX and the
brain behind the nation-wide terror conspiracy, Lt. Col.
Prasad Purohit, had been very cordial. In 2005
Raghuvanshi had invited Lt. Col. Purohit and another Lt.
Col. Shailesh Raikar for imparting training to ATS
officers on “terrorism”. Both of them were then posted
with the military intelligence. After the seminar, K.P.
Raghuvanshi wrote to them, “I am really thankful for the
interaction you organized for our officers. My officers
have been immensely benefited by this interaction and
hope that in future also we continue to benefit from the
experience, knowledge and expertise of army officers
like you”. Copies the relevant pages i.e. page Nos. 69
and 70 of volume I-A of the charge-sheet and copies of
letter dated 19.8.2005 from ATS Maharashtra to Ld. Col.
(then Major) Purohit and letter dated 9.9.2005 from Mr.
K.P.Raghuvanshi, Spl. IGP/Jt. C.P.(ATS), Mumbai to Lt.
Col. Raikar and Lt. Col. (then Major) Prohihit are
annexed as Annexure–P/15 (Colly) (Pages 549-554).
More than two years have elapsed, but barring a small
portion of the additional transcript which has later been
filed alongwith the supplementary chargesheet nothing
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has been heard of the rest of the voluminous material
retrieved from the lap-tops of Sudhakar Dwivedi alias
Dayanand Pandey and Lt. Col. Purohit. It is also
significant to note that the name of Lt. Col. Purohit, has
been avoided to be mentioned specifically as one of the
persons from whom the laptops had been seized. This is
a serious matter. This amounts to suppressing an anti-
national terror conspiracy. All the contents of the lap-
tops mobile phones and pen drives need to be made
public, inquired into thoroughly and acted upon
expeditiously.
3) Explosives & arms haul case of Aurangabad :
A huge cache of arms and explosives was seized by the
ATS Maharashtra near Aurangabad in May 2006. It
comprised 43 Kg. Of RDX, 16 AK 47 rifles, 3200 round of
ammunition and 50 hand grenades. The then ATS Chief
K.P. Raghuvanshi, invited his friend and mentor Lt. Col.
Purohit to assist in the investigation of this case. Purohit
and his team had been assisting the ATS at least for four
days.
As has been disclosed in the investigations of Malegaon
blast case, 2008 and of some other blast cases, Lt. Col.
Purohit was the main and perhaps the only supplier of
RDX used in the blasts taken place during the past few
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years and going by the contents of the transcription of
one of the meetings of “Abhinav Bharat” enclosed with
the chargesheet of Malegaon blast case 2008, he was
also in the process of procuring AK 47 from some
foreign powers (page no. 820 & 821 of Vol. III B in
Annexure J). Thus, he was one of the most likely
suspects who could have access to such a huge quantity
of RDX & AK 47. Under these circumstances, he guiding
the ATS in the investigation of this case amounted to the
main suspect in a case overseeing its investigation
(page no. 262 of “Who Killed Karkare?”). Therefore, the
Aurangabad explosives & arms haul case need to be
investigated afresh. And surprisingly, the Pune’s German
Bakery blast case of 2010 was investigated on the basis
of the findings of this doubtful investigation.
4) Ken Haywood’s mysterious departure :
An e-mail was received by “India TV” office only five
minutes before the Ahmedabad blasts of 2008,
purportedly sent by “Indian Mujaheedin” claiming
responsibility for the blast. The e-mail was sent from the
account of “alarbi Gujarat” and was traced to the
computer of an U.S. national Ken Haywood who had
hired a flat in Navi Mumbai. He was working as a
manager in a Bangalore based company Compbell White
and was imparting I.T. training. Ken Haywood claimed
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that somebody had hacked into his computer and sent
the e-mail. But this argument of his does not fit in the
logic as he was not a layman, but was an expert in
computer working as a lecturer in I.T. and hence knew
how to secure his Wi-fi system. Moreover, his
subsequent conduct was highly suspicious as he
suddenly left the country even as the investigation was
on and even when he was asked by the police not to
leave the country till the inquiry was completed. What
was more surprising was the fact that he could leave the
country in the face of the look-out notice issued against
him to all the international airports and the Foreign
Regional Registration Office (FRRO). It is very difficult,
almost impossible, for any person to leave the country
when a look-out notice is issued against him/her unless
he/she is helped by the I.B. which is the immigration
authority. But surprisingly, no thorough inquiry was
made into the matter. On the other hand, the police
officers and the Govt. were scrambling with each other
to give him a clean chit. The whole matter smacks of
some deep-rooted conspiracy (Page no. 84, 94, 95 and
99 of “Who Killed Karkare?”). Therefore, it needs to be
probed thoroughly. It may not only change the
complexion of the Ahmedabad blast case completely but
may also lead to some bizarre revelations.
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5) Manipulation of e-mails :
From the developments following the Haywood episode,
it appeared that the security agencies and the police for
some mysterious reason had been extremely anxious to
give Haywood a clean chit by making somebody a
scapegoat. They followed a trial and error method and
ultimately zeroed in on three highly qualified computer
experts from Pune, viz. Mansoor Peerbhoy, Mubin
Shaikh and Asif Bashir Shaikh. (Who Killed Karkare page
100 to 102) The police apparently manipulated the data
in the computer of one of them and showed that the e-
mail in question was sent by them by hacking into the
Wi-fi system of Ken Haywood.
But the police did not stop here. Similar e-mails,
purported to have been sent by Indian Mujaheedin had
been received by some media offices in earlier blast
cases of Mumbai suburban trains, Ajmer Sharif, Mecca
Masjid, Jaipur, U.P. courts and Delhi. The police either
did not trace their origin or having traced suppressed
the information for some mysterious reasons. e.g. one
Madhukar Mishra of Ghaziabad(U.P) was earlier arrested
in connection with the e-mail sent in Jaipur blast case
and one Deepak Pandey was arrested by Mumbai police
in connection with the e-mail concerning the Delhi blast
case. Both the e-mails had been sent in the name of
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“Indian Mujahideen”. But what transpired in their inquiry
is not known. However, after zeroing on the above so
called IM group the police and the IB billed all these e-
mails in their names, apparently by manipulating data in
their computers. But the police have not done even this
job well. In some cases, they have committed goof-ups
while manipulating ante-dated e-mails in the suspects’
lap-tops e.g. the forensic reports in respect of the e-
mails sent to media houses minutes before the
September 13, 2008 blasts at Delhi indicate the date of
the e-mail as September 15, i.e. two days after the
incident. Copies of the report of the Forensic expert in
respect of Mobin’s lap-top and the PTI’s Report dated 17
August 2011 of the court proceeding in that regard is
annexed as Annexure –P/16 (colly) (Pages 555-563)
Mere computer data cannot be accepted without
expert-opinion
It is a well known fact that ante-dated e-mails could be
manipulated in any computer. But it cannot be so
manipulated in the routers of the sender and receiver
and in the logs recorded in the servers of the service
provider companies concerned. Therefore, to verify
whether a particular e-mail has been sent by the
accused from his computer at the time and on the date
claimed by the police, the same needs to be tallied with
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the time & date recorded in the router and the server of
the service provider companies. Hence all these cases
need to be referred to experts for opinion before
accepting the evidence of computer data at its face
value.
Keeping the boys in jail for years on end without
verifying that the e-mails found in their lap-tops are real
or manipulated is totally illegal and unconstitutional.
6) Mystery of the SIM card found at Batla House
having been traced to Aurangabad district of
Maharashtra :
A SIM card was found with an associate of the alleged
terrorists killed in Batla House encounter in Delhi on 19th
Sept. 2008. It was disclosed in the inquiry that the SIM
card had been procured from a mobile shop “Gauri
Enterprises” at Chitte Pimpalgaon near Aurangabad by
using forged documents. It was also disclosed that 15
more such SIM cards had been obtained in the name of
one “Nawaz Aziz Shaikh” of Chitte Pimpalgaon and all
these cards had been in use since April 2007.
What was more surprising was the fact that when the
encounter was in progress one of the terrorists had
contacted a phone number in Aurangabad by using this
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SIM card. This was revealed from the call-details of the
mobile phone.
Further inquiry by the ATS revealed that no person by
name “Nawaz Aziz Shaikh” resided in Chitte Pimpalgaon
and that the owner of the mobile phone shop “Gauri
Enterprises”, Mangesh Doiphode, had himself acquired
the SIM cards, in the fictitious name “Nawaz Aziz
Shaikh” by using forged documents and had given them
to terrorists (Page no. 109 & 119 of “Who Killed
Karkare?”). The police have registered an offence at
Chikal Thana police station in Aurangabad district vide
C.R. No. 136/2009 u/s 420, 465, 467, 468, 471, 474
and 34 of I.P.C. against Mangesh Doiphode and filed the
chargesheet. Copy of the chargesheet bearing
No.0121/2010 at Chikalthana Police Station, District
Aurangabad, Maharashtra is annexed as Annexure-
P/17 (Pages 564 to 566) But it appears that the case
was registered only for the offence of forgery and
cheating and the charge-sheet has been filed only by
doing a superficial investigation. No investigation,
whatsoever, has been done into the most important
aspect i.e. the terror aspect of the case. The call-details
of the mobile number 9890848720 through which the
call had allegedly been made from the Batla House to
Aurangabad and the details of other 15 equally
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i) Two mobile phones of Mumbai, which had been
frequently called by two Bajrang Dal activists,
Rajeev Mishra and Bhupinder Singh, who were
killed in August 2008 while making bombs in
Kanpur (U.P.). (The T.O.I., Mumbai, 29 October,
2008 and page no. 53 of “Who Killed Karkare?”)
ii) Two mobile phones fallen down from the two
terrorists at CST, Mumbai during the 26/11 attack.
(page no. 194 & 195 of “Who Killed Karkare?”)
iii) 3 mobile phones found in a rexin bag on the
terrace of Cama Hospital, during the 26/11 attack.
Copy of the judgment in S.C. No.175/09 of the trial
Court is annexed as Annexure –P/18 (Pages 567
to 570)
iv) SIM cards used in the Mecca Masjid blast case as a
timer device.
v) SIM cards used in the Ajmer sharif blast as a timer
device.
Though the last mentioned two SIM cards have been
recently inquired into by the NIA fairly well, no attempt
seems to have been made to obtain their entire call-
records and to inter connect them.
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It is, therefore, necessary to get to the root of the
matter, get to know the names of the persons, either
true or fake, who procured the mobile phones and/or
SIM cards, obtain their call-records, analyse them
thoroughly and try to establish their inter-connection.
That would lead to the real culprits as in the case of
Mecca Masjid & Ajmer Sharif blasts and would also
expose some terror net-work.
8) Mysterious shutting off of CCTV Cameras:
In some blast cases or terror related cases, the CCTV
cameras installed at vantage points, were either found
to be not working at the time of the incident or were
tampered with later. This has happened especially when
right wing Hindu terrorists were involved or suspected to
have been involved. e.g.
i) In case of Ajmer Sharif blast of 2007, 14 out of 16
cameras installed in the Durgah premises were found to
be not working at the time of the incident though they
had been got repaired only four days ago. It was found
that the cameras were tampered with and the control
room having the computer & the TV was ransacked.
True translated copies of the press-cuttings of Hindi
dailies “Dainik Bhaskar” dated 13-10-2007 and
“Rajasthan Patrika” dated 15-10-2007 is annexed as
Annexure –P/19 (Colly) (Pages 571 to 573 )
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ii) In case of Ahmedabad blast of 2008, the stolen
cars used for causing blasts were found to have passed
through Talasari toll-naka of Thane district. This toll
naka had an elaborate network of CCTV cameras
capable of capturing the images of drivers also. But
during the course of investigation, when the hard disc of
the close circuit system was seized, it was found to have
been ‘corrupted’ and did not contain any footage. (“Who
Killed Karkare?” page no. 87 & 88)
iii) During the Mumbai terror attack of 26/11, all
the 16 CCTV cameras installed at the main-line section
of the CST railway station, where the major shoot-out
took place, were found to be not working at the time of
the shoot-out. (“Who Killed Karkare?” page no. 191 to
193)
But surprisingly, in none of these cases, a thorough
inquiry has been made.
9) Important clues in some other cases left
unpursued :
In some cases, vital clues found at the scene of blasts or
important leads disclosed during investigation were not
followed meticulously, apparently, to shield the real
culprits. e.g.
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1) Mumbai train blast case, 2006 :
The most important information furnished by a woman
lecturer of Ahmednagar to the then Union Home
Minister, Mr. Shivraj Patil, in respect of a person, who,
she knew, was involved in the Mumbai train blast case,
was not thoroughly worked out. (The T.O.I., Pune, 18
August 2006 as mentioned on page no. 73 of “Who
Killed Karkare?”)
2) Ahmedabad and Surat blast case 2008
No thorough inquiry was made in respect of the facts
disclosed in the investigation such as i) the connection
between the detonators used in Ahmedabad blasts and
A.P. explosives company, ii) the connection between the
detonators of bombs found in Surat and the Rajasthan
based RECL, iii) the fact of the gas cylinders used in the
blasts having been traced to the gas distributor of
Kalpur area of Ahmedabad iv) the fact of the Hero
Honda motorcycle suspected to be involved in the blasts
having been found in a garage of Mahad (Dist.
Ratnagiri) and the disappearance of the person bringing
the motor-cycle. (The Indian Express, Mumbai 31 July &
4 August 2008; The T.O.I., Pune, 2 August 2008;
Marathi daily “Loksatta” (online) 10 October 2008, as
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mentioned on page no. 88 to 90, 97 and 102 of “Who
Killed Karkare?”)
3) Jaipur blast 2008
No thorough inquiry was made in respect of two
suspected persons viz. Vijay and Meena. Vijay was a
rickshaw puller who publicly admitted that he had kept a
bicycle at one of the blast sites at the instance of one
Meena who had offered him Rs. One lakh for this work.
(The Milli Gazette, 1-15 June 2008, as mentioned on
page nos. 151 & 152 of “Who Killed Karkare?”)
[X] Set-pattern of investigation
The reason why such vital issues were not thoroughly
investigated and why such serious omissions and loop-
holes are allowed to be kept is that for all practical
purposes the blast cases and other terror related cases
were controlled by the I.B. From day one the I.B. guided
the course of investigation and prescribed a strait-jacket
system of investigation for the investigation agencies
which the latter were to follow strictly & not to
transgress the same in any way. The set-pattern
followed in the blast cases is as given below:
1) From day one, indictment of Muslim outfits
and/or persons :
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It has been the experience in almost every bomb-blast
taken place in the country during the past few years,
that even before the sound of the blast dies down or
even before the blood of the victims is congealed, there
starts a scramble among the intelligence and
investigation agencies and even among political leaders
of all shades to blame it on some Muslim outfit like the
SIMI, HuJI, LeT or recently devised IM or even some
unknown outfits. And what is more surprising is the fact
that the otherwise inquisitive media, not only gives it a
very wide publicity without bothering to verify its
authenticity but also further spice it up. This fact can be
borne out if we open any leading news-paper in India of
the couple of days following any blast.
2) I.B. intentionally misguiding the investigation
agencies :
It has been observed that, more often than not, the I.B.
doesn’t allow any bomb blast investigation to run its
logical course. Even if the local police have been doing
the investigation on correct lines, it abruptly steps in,
presents its own theory and misguides the investigation
agency. How it misguided the Rajasthan police by giving
wrong intelligence in Ajmer Sharif blast case, how it
stopped the Haryana police from pursuing the positive
clues when they were on the verge of detecting the
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The modus operandi adopted by the police in almost all
the blast cases is to first mark the persons especially
educated Muslim youths to be implicated in the case and
then either detain them illegally for several days, as
they did in UP courts serial blast case, as discussed in
part XI of the petition or in Mecca Masjid blast Case as
discussed in part VI or to arrest them in fake and
frivolous cases specially registered for that purpose as
they did in Malegaon blast case 2006, Mecca Masjid
blast case 2007 German Bakery blast case 2010 etc. as
discussed in part IV, VI and XII of the petition and then
extract confession from them & manipulate other
evidence.
Even today this practice is continuing
Inspite of Courts strictures in many cases, on this count,
the practice of arresting Muslim boys in minor cases and
extracting confession from then appears to be still
continuing unabatedly, as, as recently as in the last
week of Nov, 2011 the Delhi Police’s Special Cell (one of
the favourites of the IB) has arrested two Muslim boys
from Bihar’s Madhubeni district in a “fake passport”
case. They are suspected to be linked to LeT and are
likely to be involved in the case of the terrorist attack in
Delhi’s Jama Masjid area taken place in September,
2010, (T.O.I., Pune, 28, November 2011). Eventually,
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these two boys will “confess” to the offence and the
police will declare that the terror case is solved.
b) ‘Travelling to Pakistan for terror-training’–the
I.O’s flight of imagination:
The imagination of the I.B. & the police knows no
bounds when it comes to manipulating evidence of the
suspect having visited Pakistan for undergoing terror
training i) if the suspect possesses Indian Passport,
then “he visits Paksitan on the strength of the valid
passport, undergoes training there, destroys the
passport & returns to India on fake Pakistani passport or
through Wagha border.” or “he visits Dubai; goes to
Nepal; destroys the passport and clandestinely crosses
over to India.” (as in Malegaon blast case 2006, Mumbai
suburban train blast case 2006 and Delhi blast case
2008).
ii) If there is a record of his having visited Jeddah
for ‘Haj’ or Tehran for ‘Jiyarat’, then “He goes to
Jeddah or to Tehran on valid passport & visa;
clandestinely infiltrates into Pakistan; undergoes terror
training; destroys Indian Passport; returns to India on
fake Pakistani passport in assumed name. (as in Mumbai
suburban train blast 2006)
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iii) Even if he does not possess an Indian Passport,
then, “He crosses over to Bangladesh clandestinely,
from there goes to Pakistan; undergoes training; returns
to India on fake Pakistani passport via Nepal”; or “He
goes to Nepal, travels to Pakistan on fake Nepalese
passport in assumed name; undergoes terror training
and returns to India through Wagha border” (as in
Mumbai suburban blast case 2006 & Delhi blast case
2008)
In short, the police and the I.B. can make just any
body travel to Pakistan and undergo “terror-training”.
c) “Encounter” – the patent weapon to join the
missing links:
Inspite of all the manipulations if there are still some
missing links in the investigation, then the police forces
across the country aided, & abetted by the central
intelligence agencies, very routinely resort to killing
innocent persons (who are later declared as ‘terrorists’)
to fill in the gaps in the investigation of blast cases.
Before the “encounter” the police apparently ask the
“terrorist” to write in his diary whatever the
investigators require for the purpose of completing the
investigation, such as names, address, phone numbers
etc. of his “associates” and “handlers” (the names are,
of course, dictated by the police), the places he visited
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for undergoing “terror-training”, the “future plans” of his
groups etc. or he can be forced to talk on a mobile
phone to his “associates” or “handlers” as dictated by
the police and so on, so that, after the “encounter”,
apart from the usual articles like explosives, weapon,
Jehadi literature, etc. the special articles, having
unassailable evidential value such as “diary written in his
own handwriting”, the mobile phone on which he talked
to other “terrorists” etc. are recovered from the dead
body.
The police very liberally resort to this practice of
“encounter” in blast cases. In the recent past the police,
apparently at the behest of IB, used this patent weapon
of investigation in Mumbai train blast case of 2006,
Sankat Mochan blast case of 2006, U.P. serial blast case
of 2007, Jaipur blast case of 2008, Ahmedabad-Surat
case of 2008, Delhi blast case of 2008, and Bangalore
serial blast case of 2009 (in which four were killed in one
go) to name only a few.
pg. no. 61 & 62 of “Who Killed Karkare?” enclosed as
Annexure -P/2.
Copy of the “The Sunday Express, Pune”, dated Feb. 8,
2009 enclosed as Annexure –P/20 (Pages 574 to
576)
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[XI] Incredibly clumsy manipulation of evidence:
The Petitioners submits that the circumstances stated
below shows as to who the evidence is manipulated:
1) Mumbai train blast case 2006 :
The Sunday Times of India, Pune, June 27, 2010 in a
special report “Can our Babus be Bonds?” has quoted a
former intelligence chief as saying “Attacks on Mumbai
trains and Malegaon mosque in 2006 are examples of
the way agencies and police “cook up” stories to show
results to their political masters”. The charge-sheet
submitted by ATS Maharashtra headed by K.P.
Raghuvanshi fully endorsed the claim of the Ex. IB chief,
as detailed below.
1) One of the accused led the investigators to a spot
near railway tracks in Dahisar (northern most suburb
of Mumbai), three months after the blast from where
a bag containing some incriminating articles was
recovered.
2) One of the important witnesses is a person, who
allegedly had a quarrel with a co-passenger in a
crowded Mumbai suburban train and that too, during
peak hours. He supposedly recognized one of the
accused as that person after a lapse of four months.
3) Another important witness is a taxi driver. He
identified the two accused who allegedly transported
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explosives from Govandi to Churchgate in his taxi. He
remembered them as, when once he applied the
urgent brakes, they got very annoyed as they feared
that the bag they had kept on the front seat would
fall down. He voluntarily approached the police and
identified the accused after four months.
4)
One of the important pieces of evidence in the
chargesheet is the DNA test report in respect of one
of the so called Pakistani nationals involved in the
plot. The police theory is that his body was badly
mutilated, but his face was got reconstructed which
was recognized by one of the arrested persons. The
police also conducted the DNA test on the body and
came to the conclusion that he was a Pakistani
national. Many questions arise in this regard : From
among scores of mutilated bodies, why did the police
pick up this particular body for reconstructing the
face? Is it possible for any person to say that a
reconstructed face of a mutilated body belonged to a
particular person without comparing it with a front-
side photograph of that person, if available? What did
they prove from the DNA test? The nationality?
5) And curiously enough, two different investigation
teams of the same state police had conflicting claims
in regard to the terror outfits responsible for the
blasts. As per the ATS Maharashtra, it was the
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handiwork of a sleeper cell of LeT, supported by the
ISI. The Crime Branch Mumbai on the other hand,
later claimed that the blasts were carried out by a
module of Indian Mujaheedin, arrested by them in
connection with the e-mails sent in Delhi &
Ahmedabad blast cases. The versions of the two
investigation teams as to the planning and the
execution of blasts were totally different (page no. 69
to 70 of Who Killed Karkare). However, when the
clash between the two agencies reached a flash point
a compromise was apparently brought about. As the
ATS had already filed charge-sheet against 13
accused, in order to save the embarrassment the
Crime Branch Mumbai, it was compelled to file
charge-sheet against the IM operatives arrested by
them only for the offence of sending the e-mail on the
eve of the blast. (Two offences had been registered
by the Crime Branch, Mumbai in respect of two e-
mails vide DCB, CID C.R. No. 152/2008 and
162/2008, but a joint chargesheet was sent).
However, to satisfy its ego, the Crime Branch Mumbai
wound up the charge-sheet by saying “……… in
pursuance of said conspiracy and in the course of
same transaction, they aided and abetted each other
by continuing unlawful activities such as stealing
motor cars for causing bomb-blasts, procuring and
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manufacturing IEDs resulting in death and serious
injuries to the public of different cities in India since
2005; spreading fear and panic in the minds of the
public and also attempting to undermine the legal
authority of the state by sending e-mails by hacking
into unsecured Wi-fi connections ………” even though
there was no specific reference in the charge-sheet to
any of the blasts and e-mails prior to the Ahmedabad
blast of July 2008. Copies of the relevant pages i.e.
page Nos.7, 67 & 68 of the charge-sheet bearing
No.1 dated 17/02/2006 of P.S. D.C.B., C.I.D., is
annexed as Annexure -21 (Pages 577 to 582) We
are expected to swallow the story that one terrorist
group caused the blast & the other totally different &
unconnected module sent the e-mail.
It is, therefore, not surprising that the prosecution is
being frequently faced with embarrassing situations
like the key witnesses either failing to identify
important accused or identifying photographs of
wrong persons; a policeman getting caught while
prompting witnesses to identify accused during the
deposition in the court; or the actual locations of the
mobile phones of the accused not tallying with the
police versions of their locations and so on. True
translated copies of the Mumbai Mirror (T.O.I .) July 7,
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2010; ‘Pudhari’ Pune, Jan. 1, 2011; “Kaumi Farman”
Feb. 2011 are annexed as Annexure –P/22 (Colly)
(Pages 583 to 588)
New twist to the case after the release on bail of
Malegoan 2006 accused.
This case has got a new twist after the recent order of
the Spl. MCOCA Court, Mumbai releasing the nine
accused persons arrested in Malegaon blast case of
2006. The order was passed by the Court on 5th Nov.
2011, after the NIA, which was investigating the case,
decided not to oppose the bail. However, on 16th Nov.
2011 only seven of them were actually released on bail.
The remaining two viz. Mohammad Ali Shaikh and Asif
Bashir Khan were not released on the ground that they
had been involved in this case. This fact gives rise to
serious doubt about the credibility of the investigation of
this case also. Apart from the above mentioned two
accused being common in the two cases there are some
other factors common between the two viz. i) in both
the cases Pakistani nationals were shown to be involved;
ii) in both the cases, the accused had allegedly traveled
to Pakistan for undergoing terror training; iii) both the
cases had been initially investigated by the ATS, which
has the tendency to shuffle the same set of accused in
many cases and adopt the same modus operandi of
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investigation. In not opposing the bail of the Malegaon
2006 accused, the NIA has indirectly admitted that the
earlier investigation of the ATS was wrong & the persons
arrested were innocent. The same applies to this case
also. Hence, this case also needs to be likewise got
reviewed by an independent investigation agency.
2) Arrest of Tariq and Khalid in U.P. Courts serial
blast case of Nov. 2007
The police claimed to have arrested Tariq and Khalid at
Barabanki on 22 Dec. 2007 on the basis of some
information and recovered cell-phones, SIM cards,
incriminating Huji literature etc from them. But the
relations of the boys contest this claim. According to
them Tariq was arrested on December 12 while he was
going to attend a Tablighi congregation at Sherwan in
Azamgarh on a motorcycle. Local news-papers had
immediately published reports of his arrest. Similarly,
Khalid was arrested on 16th December in Maryahu, Dist.
Jaunpur, while he was eating ‘chat’ in a shop. The STF
forcibly put him in their Tata Sumo car and carried him
away. Hundreds of people were witness to this incident
and it was reported in the local press on the next day.
Moreover, his relations immediately lodged
FIRs/complaint with the police and local administration.
These facts prove beyond reasonable doubt that the
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police claim was wrong and their evidence of recovery
concocted. True translated copies of the documents in
respect of Tariq i.e. copies of his grandfather’s complaint
dated 14.12.2007 to the police station, applications
dated 14.12.2007 to the C.M., U.P with copies to others,
sent by speed post, memorandum to the C.J.M, dated
20.12.2007; the inventory of Tariq’s house-search taken
on 18.12.2007; and the press cuttings of Hindi dailies
Amar Ujala, Varanasi dated 17.12.2007 and Hindustan,
Varanasi, dated 17.12.2007 and 19.12.2007 are
annexed and marked as Annexure –P/23 (colly)
(Pages 589 to 602).
True translated copies the documents in respect of
Khalid, i.e. copies of his cousin brother’s complaint
dated 16.12.2007 to the police station; his uncle’s
application sent to the C.M. U.P., the D.M. Jaunpur & the
I.G. Lucknow zone sent by speed post on 19.12.2007;
the inventory of Khalid’s house-search taken on
18.12.2007; the reply dated 15.09.2009 given by the
public information officer of the Circle Officer Madiyahu,
admitting that ‘Khalid was picked up by the STF from
Madiyahu Bazar’ (and not from the Barabanki railway
station as claimed by the STF); the press cuttings of
Hindi dailies Amar Ujala, Varanasi, and Hindustan,
Varanasi, both dated 17.12.2007 and Amar Ujala,
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Varanasi dated 18.12.2007 are annexed as Annexure–
P/24 (Colly) (Pages 603 to 616).
True translated copy of the press cutting of Hindustan,
Lucknow, dated 8.03.2008 are annexed as Annexure –
P/25 (Pages 617 to 618)
A writ petition was also filed in the Lucknow bench of
Allahabad High Court against the illegal detention of
Tariq & Khalid. But it was filed as late as 15.03.2008 i.e.
three months after the alleged illegal detention by which
time the police had regularized their arrest, by
producing them before the judicial magistrates &
obtaining their remands from time to time. Therefore,
the petition was dismissed on technical ground saying
that “As the petitioners are lodged in jail by a valid order
passed by the competent courts of law, no case of
issuance of writ Habeas Corpus is made out”. Copy of
the judgment dated 19.8.2009 in W.P. No.293(H/C) of
2008 is annexed as Annexure –P/26 (Pages 619). The
Hon’ble High Court, however, did not pass any order to
inquire into the alleged detention of the two accused and
the alleged decision of the advocates of three bar
associations not to take their cases. The Hon’ble High
Court ought to have done that.
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3) Unabashedly regularizing illegal arrest after the
Writ Petition was filed
One Ibrahim Junaid was unauthorizedly detained by the
Hyderabad Police on 03.09.2007 in connection with the
Mecca Masjid blast case. His family members filed a
Habeas Corpus writ petition in the High Court on
05.09.2007. After receiving the notice of the High Court,
the police regularized his arrest and unabashedly filed
an counter affidavit on 13.09.2007 saying that Ibrahim
Junaid was arrested on 08.09.2007, as if the habeas
corpus had been filed by the relations apprehending his
arrest in advance. The incident has been mentioned in
the report of the Ravi Chandra Commission appointed by
the A.P. Minority Commission to inquire into the alleged
police atrocities on innocent Muslim boys. Copy of the
page Nos.5 and 6 report of the Ravi Chandra
Commission is annexed as Annexure–P/27 (Pages 620
to 622).
4) Failure to “decode” the conversation taken
place an year ago, led to Delhi blast
In the part charge sheet in respect of the blasts at Karol
Bagh of Delhi blast case of Sept. 2008, filed on 17
December 2008, the police have made a ‘suo motu’
uncalled for admission which speaks of its guilty
conscience. It says, “they could have averted the terror-
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strike had they been able to decode the telephonic
conversation they had intercepted.” The mobile under
interception (no. 9811004309) allegedly belonged to
Mohammad Atif Amin (the young boy killed in Batla
House encounter), alleged to be the leader of the ‘IM’
module. According to the police, Atif’s number came to
the notice of the police during the investigation into an
East Delhi cyber café from where e-mails had been sent
in connection with the November 2007 serial blasts in
U.P. courts. The police happened to intercept his mobile
phone from 2 to 19 Sept. i.e. a few days before the
Delhi blasts but could not decode it. (i.e. had they
decoded it, the Delhi blast could have been avoided)
There are many unanswered questioned in the police
theory e.g. i) Why did they wait for 10 months i.e. from
Nov. 2007 to Sept. 2008, to intercept a telephone of a
so called dreaded terrorist? ii) What prompted them to
intercept it from Sept. 2, 2008 iii) To whom the mobile
and the SIM card really belong? iv) In which coded
language was the conversation? When was it decoded?
How? What it meant? v) Have the call-records of the
phone been obtained? (Who Killed Karkare page no.
110, 111 & 112)
On the face of it, this piece of evidence appears to be
very crudely fabricated & hence false. If a fair trail is
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eloquent testimony of how investigation was done with a
prejudiced and preconceived mind-set. From the remand
report it is clear that the police first formulated the
theory arbitrarily (para no. 6 and 7 of the report), then
arrested the accused randomly (para no. 8) and
thereafter proceeded to collect evidence against them
(para 9) [The para nos. have been supplied]
[XII] Bomb-blasts almost stopped after the
arrest of Abhinav-Bharat terrorists : Unsuccessful
attempt at Margaon (Goa) to revive the situation
After the arrest of 11 operatives of “Abhinav Bharat” in
the Malegaon blast case of 2008 by Hemant Karkare in
Oct.-Nov. 2008, the bomb-blasts, which had been taking
place every 2-3 months for the past 5-6 years almost
stopped for a year. However, this long blast-free period
was a cause of great concern for the right wing Hindu
radical groups, as they feared that such a lull would
convince the general public that the earlier series of
blasts since 2002 were the handiwork of Hindu radical
groups. Naturally, they were itching to have a blast as
early as possible so as to reverse the process of change
in the public perception. Therefore, on the eve of Diwali
on 16 Oct. 2009, the operatives of another right wing
radical group “Sanatan Sansthan” which had connection
with “Abhinav Bharat” attempted to cause bomb-blasts
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at a place in Margao (Goa) where a large number of
Hindus were to congregate for Diwali celebration. But
unfortunately for the terrorists, one of the bombs went
off while being planted killing two terrorists of “Sanatan
Sansthan”. Later, two live bombs were defused by the
police (‘Indian Express’ , Pune; ‘Sakal’ , Pune; ‘Pudhari’ ,
Pune 18 Oct. 2009 as mentioned on page No. 10 of
“Who Killed Karkare?”.
What is more important is the fact that, in order that
Muslims be suspected in the event of the plan getting
materialized, a shopping bag with “Khan Market” written
on it in Arabic script was left at the site and it contained
a bottle of ‘ittar’ (perfume normally used by Muslims).
(Sunday Indian Express, Pune 8 Nov. 2009) The
intention was very clear. One can only imagine what
would have happened, had the bomb not exploded while
being planted but exploded later as planned by the
perpetrator killing a large number of innocent Hindus
assembled for a religious festival. Muslim blame-game
would have started and hundreds of innocent Muslim
boys would have been arrested, tortured and charge
sheeted, thus, making them languish in jail for years, as
per the pattern set during the last 6-7 years. (“Who
Killed Karkare?” page 9 & 10)
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This failed attempt was a heavy jolt to the right wing
Hindu radical groups and their sympathizers in the IB as
the general public was being doubly convinced about
their game-plan of causing blasts and blaming them on
Muslims. However, they were not to give up.
German Bakery (Pune) blast :
Within a short period of four months there was a bomb
blast in German Bakery at Pune on 13.02.2010, in which
17 persons were killed and 56 injured. As the bomb did
not explode while being planted or being prepared,
within days of the blast the Muslim blame-game started
as expected and with it started the trial and error
method of the IB and its puppet ATS Maharashtra to fit
some Muslim youths in their ready-made script, as
evident form the following facts.
1)
The police officers suspected that the CCTV footage at
German Bakery resembled the photograph of one
Samad Bhatkal, the brother of the alleged main
accused Yasin Bhatkal. Copy of the press cutting as
reported in T.O.I., Pune, 25 May 2010 is annexed as
Annexure –P/30 (Pages 649 to 652)
2) The fact that the IB and the police had almost
confirmed his involvement in the case was apparent
from the fact that his profile and the photograph was
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circulated among ATS chiefs of all states when they
discussed the Pune blast case at the Centre for Police
Research at Pune in March 2009. Copy of the press
cutting as reported in Indian Express , Pune, 25 May
2010 is annexed as Annexure –P/31 (Pages 653 to
656)
3)
He was arrested on 24
th
May 2010, as soon as he
landed at Mangalore airport. He was returning from
Dubai, where he had gone on a regular 3 months’
visitor-visa in search of a better job.
4) He was, however, formally arrested the next day in a
little known case of seizure of arms for “supari”
(contract) killing, which had been registered at
Mumbai by the ATS in August, 2009. But the court
released him as his name did not appear in the F.I.R.
or in any of about dozen remand reports of other
arrested accused. Copy of the press cutting as
reported in Pune Mirror (T.O.I.), 7 June 2010 is
annexed and marked as Annexure –P/32 (Pages
657 to 659)
5)
The fact that he was actually picked up for the
German Bakery case; and not for any other case
became apparent, when the Union Home Minister, P.
Chidambaram, congratulated the Pune Police and the
I.B. for apprehending the prime accused in the case.
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True translated copies of the press cuttings as
reported in Sakal, Pune 26 May 2010 and Pune Mirror
27 May, 2010 is annexed as Annexure –P/33
(Colly) (Pages 660 to 664). Mr. Chidambaram could
not have done so without being briefed by the IB or
rather, the IB itself would have advised him to do so
as it must be confident that it would frame Samad on
the basis the CCTV footage, albeit blurred.
6) However, the ATS and the IB were put to a lot of
embarrassment, when Samad’s family in Mangalore
showed to the media a video clipping of Samad at a
family wedding in Mangalore on the day of the
German Bakery blast. The Union Home Minister also
had a tough time explaining away his statement.
(Pune Mirror , 27 May 2010 the press cutting of which
is enclosed as Annexure ZE)
7) Had there been no video-recordings of Samad
attending the marriage, his fate was almost sealed.
8) As the theory of Samad-involvement got punctured,
The IB and the ATS wrote another script involving one
Himayat Baig, Mohsin Choudhari, Yasin Bhatkal &
others. But from the chargesheet filed by the ATS it
appears that this story was based on the investigation
of two cases i.e. the case of huge cache of arms,
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ammunition and RDX near Aurangabad registered as
LAC No. 3/2006 at ATS Police station, Kalachowky,
Mumbai and the case of the involvement of the IM
mainly in sending e-mails before or after some blasts
registered vide DCB, CID (Mumbai) C.R. No.
152/2008. The authenticity and credibility of the
investigation of both these cases is highly doubtful as
discussed in sub parts 2, 3 and 5 of part IX of this
petition.
9) Though, somehow they completed the investigation
and filed the chargesheet, they seemed to have
committed many serious goof-ups in the
investigation. Copy of the Chargesheet bearing No.1
13.2.2010 at ATS Police Station, Pune in FIR
No.06/2010 dated is annexed as Annexure –P/34
(Pages 665 to 682)
a. The spot panchnama of the place of incident
was drawn on 14.02.2010, and the incriminating
articles were seized. However, another spot
panchnama was drawn on 18.02.2010 in which
the SIM card and other articles allegedly used
for triggering the blast were seized. Copy of the
relevant part i.e. point No. 10 of the
Chargesheet bearing No.1 13.2.2010 at ATS
Police Station, Pune in FIR No.06/2010 is
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annexed as Annexure –P/35 (Pages 683 to
688)
b. In para no. 25 of the charge sheet it is stated
that ‘the bomb was triggered with the help of a
mobile alarm triggering device.’ However, no
attempt seems to have been made to trace the
numbers of the SIM cards and IMEI numbers
and consumer numbers of the mobile phones,
allegedly used for detonating the blast and to
trace their origin with the help of forensic expert
and mobile experts as has been done by the NIA
in Ajmer Sharif and Mecca Masjid blast cases. As
such, no connection has been established
between the accused & the SIM cards and
mobile phones. This point alone is sufficient to
justify the discharge of the accused and the
reinvestigation of the case. It is utter injustice
to make the accused go through the ordeal of
the trial when there is no conclusive evidence
against him.
c.
In para no. 16 of the chargesheet it is alleged
that accused no. 1 started a cyber café in Udgir
and with the help of about 25 different e-mail
IDs he was in constant touch with the wanted
accused. But the prosecution has not furnished
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any evidence connecting the accused’s
computer, his router, and the server of his
service provider company, with those of the
receiver at the relevant time and date in respect
of each of the alleged e-mail. Apparently the
police have manipulated the data in the
accused’s lap-top and have made false
allegation.
d. The statement of a rikshaw driver recorded on
27 May 2007 for having recognized the
photograph of Samad published in the Marathi
daily “Sakal” on 25th May 2007, has apparently
been remained to be taken away after the
“Samad theory” was dropped and was by
mistake filed with the chargesheet sent against
Himayat Baig and others. True translated copies
of the statement of the rickshaw driver and the
press-cutting of daily “Sakal”, Pune, dated 25
May 2010 are annexed as Annexure –P/36
(colly) (Pages 689 to 693). As a result of above
mentioned serious anomalies in the
investigation, the Govt. of India transferred the
case to NIA for reinvestigation (T.O.I., Pune,
April 20, 2011) But it appears that the IB & the
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ATS have been trying to stall the reinvestigation
lest their falsity would be exposed.
The Mumbai bomb-blast of 13th July 2011 :
On 13 July 2011, three bombs exploded at three
commercial hubs of Mumbai killing 21 persons and
injuring over 140. Considering the modus operandi, this
blast could also be yet another attempt by the right wing
Hindu terror groups at reversing the changing public-
perception vis-à-vis so called Muslim terror groups, or it
could be an attempt on the part of the IB to bail itself
out by diverting the public attention, as during the last
few months, it has been very badly pushed to the wall
on many counts. Apart from its dubious role getting
exposed in the reinvestigations of many blast cases, as
discussed in the foregoing paras, its credibility and
loyalty has hit rock-bottom in the Mumbai terror attack
case of 26/11. Some petitions exposing the same were
about to be finally heard shortly.
Therefore, the IB had all the reason to create some
sensation in order to divert the attention of the Govt.
and the public from the Himalayan blunder they have
committed and thereby also to indirectly pressurize the
courts hearing these petitions. Therefore, the agencies
investigating the Mumbai blast case of 13th July 2011,
ought to consider this important aspect as well. But this
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will not be possible unless the investigation is taken
away from the ATS which is at the beck and call of the
IB and acts merely as its puppet.
How the ATS has been investigating this case with a
prejudiced mind and preconceived ideas will be borne
out by the following facts.
a) A mystery of SMS and phone-calls
In marathi daily Lokmat, Pune, dated 16th July 2011,
two news items have been published on the same page,
one datelined Mumbai/Chikhali captioned “O.K. sms
from Chikhali to Pak” and the other datelined
Aurangabad captioned “Blind person’s mischief with the
police after the blast”. The gist of the first report is “The
ATS got to know that an O.K. message was sent to
Pakistan from a mobile having no. 8698525934 and a
phone call was made to Ulhasnagar police station
(Thane District) after the Mumbai blast. The inquiries
revealed that the SIM card belonged to one Raghunath
Runaji Shelke r/o Godri village, in Tahsil Chikhali of
Buldhana district. He admitted that it belonged to him,
but was being used by his son’s friend Vijay Nirmale.
Shelke’s elder son, Bhagwan, works in Valunj MIDC
(Aurangabad) in a motor-cycle spare parts factory and
the younger one, Bhanudas is at Mumbai for education.
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Vijay Nirmale, is Bhanudas’s friend. The ATS Chief,
Rakesh Maria, immediately gave the suspect a clean chit
saying that he did so under the influence of alcohol and
had nothing to do with the bomb-blast”. The gist of the
second report is : “On 13th the Ulhasnagar (Dist. Thane)
police received phone-calls, both before and after the
blasts at Mumbai. The police swung into action and
traced the calls to village Valunj near Aurangabad. On
14th the police picked up a person from Valunj MIDC
area. He told the police that he had a blind brother and
he was in habit of making such calls. The police tracked
that (blind) person to Chikhali (Dist. Buldhana) and
detained him”. Though there is some difference in the
two versions, the fact remains that it was the handiwork
of Bhanudas Shelke and/or his friend Vijay Nirmale. But
what is surprising is the promptness of the ATS to give
the persons concerned an instant clean chit, calling it a
mischief by a drunkard or by a blind person. One
shudders to think what would have happened had the
person happened to be a Muslim. It is, thus, apparent
that the ATS Maharashtra is interested only in pursuing
the Muslim angle and leaving out any other angle. True
translated copies of the press-cuttings of the two news
items of Marathi daily Lokmat dated 16th July 2011 are
annexed as Annexure –P/37 (colly) (Pages 694 to
696)
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b) NIA beats a retreat
The fact that the ATS is not doing the investigation
impartially is further confirmed by the sudden departure
of the NIA team from Mumbai alleging that the ATS
Maharashtra was not cooperating with it. In this
connection the Hindi daily Jagran, in its issue dated 20th
July 2011 under the caption “NIA loses to ATS” reported,
thus: “Following the rift between the National
Investigation Agency (NIA) which has been specially
constituted to investigate terror related offences and the
Anti Terrorist Squad of the Mumbai police, as to the line
of investigation and its modality, the NIA has distanced
itself from the investigation and has called all its officers
to Delhi. ………… A senior NIA officer said that for the last
3-4 days the ATS, which has been formally investigating
the case, did not disclose anything (to NIA); so much
so, they started dismissing the facts revealed by the
NIA. True translated copy of the print-out of the news
item of Hindi daily Jagran dated 20th July 2011 is
annexed as Annexure –P/38 (Pages 697 to 698)
In view of the above mentioned developments, it is just
as well to take away the investigation from the ATS,
Maharashtra and hand it over to some independent
agency.
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[XIII] The propaganda of “bomb for bomb”
theory – a ploy to justify unprovoked blasts :
13. After the new revelation of the NIA in the
investigation of Mecca Masjid, Ajmer Sharif and
Samjhauta Express blast cases, a theory of “bomb
for bomb” is being trotted out and is being widely
publicized by the section of the media controlled by
the RSS. This propaganda is apparently aimed at
mitigating the seriousness of the bomb-blasts
caused by the Hindu radical groups and thus
gaining public sympathy by lending such blasts a
semblance of legitimacy, albeit perverted.
The presumption underlining this propaganda is that the
earlier blasts or attacks on Hindu temples or Hindu
people were caused by Muslim terrorist groups. Swami
Aseemanand has also propounded this theory in his
confessional statement.
However, such presumptions cannot be accepted
without subjecting them to strict scrutiny. Just because
Hindu temples or Hindu congregation were attacked, it
cannot, ipso facto, be inferred that it was the handi-
work of Muslims, as there have been instances in the
past in which right wing radical elements themselves
were found to be behind such attacks e.g.
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explosives ever since year 2000 and how the IB had
been ignoring their nefarious activities. (Page no. 47
to 56 of “Who Killed Karkare?”). Against this
background, it was quite possible that after having
been sure that their groups were ready for terror
attacks, some hard core radical elements in the
Sangh Pariwar or the ideological perverted elements
ensconced in the IB itself might have caused attacks
on some Hindu temples on Hindu crowds and blamed
and framed Muslims so that as a quid pro quo, the
well trained cadres in the Hindu radical groups could
attack Muslim shrines or congregation.
In view of the above facts, the possibility of right
wing radical Hindu groups themselves having been
involved in attacks on Hindu shrines cannot be ruled
out; and hence all the cases of attacks on Hindu
religious places since 2002 also need to be
reinvestigated afresh.
[XIV] I.B. – the root cause of all woes; butbeyond the reach of law
14.The Petitioners submits that the circumstances stated
below shows as to who the evidence is manipulated
A) The power unto itself
Over the years the IB has emerged as the single most
powerful force in the country. (page nos. 23 to 30 of
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“Who Killed Karkare?”). It is not accountable even to the
Parliament, it has huge unaccountable funds and it
wields tremendous political cloud. Copy of the press
cutting as reported in Sunday T.O.I., Pune, dated
27.06.2010 is annexed as Annexure –P/40 (Pages
701 to 712). By taking advantage of its proximity to
the Prime Minister and by freely using terms like
“Pakistan”, “national security”, “cover operation”,
“counter terrorist operation”, “secret diplomatic
mission”, “international relations”, “P.M.O’s
instructions”, it misguide the important departments of
the Central Govt, the state Govts, the police,
bureaucrats and even judiciary and indulge in
indiscriminate “encounter” and other illegal activities
and prevail upon the Govt. not to inquire into any such
incident. Overtly such acts are aimed at taming
Pakistan, but covertly they are aimed at maiming Indian
Muslims by keeping the communal atmosphere
simmering in the country .
B) Nexus between the IB & Pro Hindu Rashtra
forces
The I.B’s real face was unmasked when it transpired in
the internal probe following the Mumbai terror attack
that it blocked the absolutely specific information of the
LeT’s attack on Mumbai and that it intentionally did not
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keep the LeT terrorists’ mobile phones under
observation (or kept under observation but used the
information for some dubious purpose) apparently to
facilitate the devilish plan of pro-“Hindu Rashtra” forces
to eliminate Maharashtra ATS Chief Hemant Karkare by
arranging a parallel attack synchronizing with LeT’s
attack because Hemant Karkare was bent upon exposing
their nation wide terror network. (page Nos. 186 to 191
of “Who killed Karkare?”). Thus, unfortunately &
paradoxically the premier intelligence agency of the
country itself poses serious threat to its security.
C) General amnesty to the I.B. & its puppets in the
states
By now it has become abundantly clear that the
investigation of most of the bomb blast cases have been
bungled up by the IB which has played a pivotal role in
taking them to wrong tracks with malafide intention.
Apart from playing an absolutely dubious role in the
investigations of blast cases, the IB has, during the past
few years, committed many Himalayan blunders and
intentional acts of serious omissions and commissions
such as intentionally suppressing an absolutely specific
information about the LeT’s Mumbai attack of 26/11,
misguiding the govt. in Samjhauta and Mumbai train
blast cases, allowing US national Ken Heywood to leave
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the country in the face of a look-out notice; allowing US
authorities to take Anita Udaiya an important witness in
26/11 case to US, unauthorisedly, and so on; but so far
not a single IB officer has been brought to book, as if
the IB enjoys a general amnesty.
D) IB’s protective cover to their stooges in state
police
The state police officers know only too well that the IB
enjoys tremendous political clout and hence they obey
its illegal orders, specially in communal and terror
related matters, to the dot, as they know that by doing
so, they lose nothing but gain everything.
So impervious is the IB’s protective cover that some
officers, who have unabashedly manipulated false
evidence and have framed innocent persons in blast
cases, apprehend action against them & out of guilty
conscience get themselves transferred to I.B. and go
under its protective cover. And so much is the terror of
the IB that the honest & upright officers who know the
real facts do not dare speak out as they fear that the
ruthless & vindictive IB would ruin their career.
The state police officers who are involved in the
conspiracy with the IB in doing wrong investigations are
not bothered at all and are free from any tension, as
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they know that as the IB itself is deeply involved in
manipulating false evidence it would bail them out and
thus feel fully protected. Far from getting punished, they
are sure of getting all the service benefits such as
rewards, medals, promotions, plump postings, foreign
trainings and so on, as in all such matters the
recommendations of the IB are of paramount
importance. It is because of this that the officers of ATS
Maharashtra, STF U.P., Special Cell, Delhi, a section of
J&K police, PTF Hyderabad, etc. who are guilty of
committing illegal acts and of doing gross injustice to a
section of the society have not only been promoted and
given plump postings but are sure to get in future also,
coveted posts like the Police Commissioner of important
cities like Mumbai, Delhi, Bangalore, Hyderabad as the
IB strongly recommend their cases and the Govts readily
accept them. This trend needs to be changed.
Considering the IB’s highly dubious role especially in
Mumbai terror attack case and in the investigation of
blast cases, the “strong recommendations” of the IB
ought to be viewed adversely and all those officers
conniving with the IB in illegal acts should be brought to
book ruthlessly.
[XV] Utter discrimination
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was present in the meeting in which the conspiracy
was hatched. (Page no. 273 of “Who Killed
Karkare?” and page no. 669 to 672 of Vol. VIII B of
the Malegaon 2008 charge-sheet). But, in contrast
hundreds of Muslim boys were arrested in blast
cases even though there was not an iota of
clinching evidence against them as has been
established in the recent investigations by the NIA.
iii) In the meeting of the Directors General and the
Inspectors General of the states held in Delhi in
September 2011, the Special Director of the I.B.
revealed that the Hindutva activists (not terrorists)
have either been suspected or under investigation
in 16 incidents of bomb blasts in the country
(deccanherald.com – 20 Sept. 2001). But the I.B.
officer did not specify the cases other than the four
which had already come in the public domain. This
is a deliberate attempt on the part of the I.B to
hide the terrorist activities of the right wing Hindu
terrorist groups. Copy of the print out of the
Deccan Herald’s on-line news is annexed as
Annexure –P/41 (Pages 713 to 715)
iv) In the investigation of Malegaon blast case 2008, a
clear evidence has come on record to the effect
that the terrorists of “Abhinav Bharat” had been
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conspiring to knock down the constitution,
overthrow the Govt. established by law, and to
establish a “Aryavart Hindu Rashtra” with the help
of some foreign powers, the sections of law
concerning the “war against the state” were not
applied to the case. Copies of the relevant pages
i.e. page no. 1, 31 to 33, and 69 and 70 of Vol. I-A
of the charge-sheet No.3 dated 20.12.2008 in FIR
No.18/08 at ATS Police Station, Mumbai (Also page
no. 266 to 269 of “Who Killed Karkare?”) is
annexed as Annexure –P/42 (Pages 716 to
723)” whereas they have been applied to almost
all the other blast cases having Muslim boys as
accused.
v)
Even when the real facts were revealed in the
reinvestigation of some cases by a fairly impartial
agency like the NIA, or in the confessional
statements or admissions of some real accused
persons, the Muslim boys falsely arrested in some
of those cases (e.g. Malegaon 2006) had to
languish in jail for about five years before getting a
bail. On the other hand the accused belonging to
Sangh Parivar involved in blast cases were liberally
released on bail. e.g. in Nanded blast case of 2006,
inspite of having a clinching evidence against them
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the accused were shortly released on bail and
some suspects even got an anticipatory bail. (page
no. 159 of “Who Killed Karkare?”)
vi)
Highly sensitive matters such as the mysterious
disappearance of U.S. national Ken Haywood, the
chance seizures of some suspected SIM cards or
mobile phones, the sensational contents of the two
lap tops recovered in Malegaon blast case of 2008,
the dubious relationship between the then ATS
Chief Maharashtra K.P. Raghuvanshi and the main
supplier of RDX and the master mind of anti-
national conspiracy, Lt. Col. Purohit, etc. have
been meticulously suppressed, instead of being
probed deep, for the fear that the whole conspiracy
of the right wing radical Hindu groups would be
exposed.
vii) And last, but the most important, there has been
not even a talk of ban on RSS, VHP and their front
organizations and sleeper cells like “Abhinav
Bharat”, “Jai Vande Mataram”, “Bajrang Dal”,
“Sanatan Sansthan”, “Hindu Jan Jagran Manch”,
even though there has been clinching and
irrefutable evidence against them in many cases.
On the other hand, the unjustifiable ban on SIMI
has been continuing even though many cases
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against its workers have been acquitted for want of
credible evidence; even though the falsity of the
charges leveled against it & its workers has been
exposed by a well known journalist Ajit Sahi in his
series of well researched articles published in
Tehelka magazine in its three issues of July-August
2008; and even though the Tribunal established
under the Unlawful Activities (Prevention) Act,
2006, lifted the ban on SIMI in 2008.
There could be no better example of the inequality
before law
The Prime Minister endorsed the view
In the meeting of the National Integration Council (NIC)
on September 10, 2011, the Prime Minister observed,
“We need to recognize that members of the minority
communities often have a perception of being unfairly
targeted by law enforcement agencies. ……….. While law
must take its own course, we need to ensure our
investigating agencies are free from biases and
prejudices of any kind”. Copy of the press cutting as
reported in The T.O.I. Pune, dated 11 Sept. 2011 is
annexed as Annexure –P/43 (Pages 724 to 726).
There cannot be more eloquent endorsement of the
prejudicial attitude of the investigating agencies.
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The Petitioners in the circumstances abovesaid
submitted Representation before the Secretary Dept. of
Home Affairs, South Block, New Delhi requesting that all
the Bomb Blasts Cases be reinvestigated under the
direct supervision of a committee headed by a retired
Supreme Court Judge and comprising of others and for
action against the police officers who deliberately did not
investigate the cases properly etc. Copy of the
Representation dated 29th September 2011 is annexed
as Annexure –P/44 (Pages 727 to 782)
The Petitioners submit that the Respondent No. 1 has
not taken any action on the said Representation and the
Petitioners have not even received any communication
in that behalf. It is clear that the Government of India is
not serious about investigation of the cases to its logical
conclusions. One cannot wish away this serious matter
merely by saying that the accused persons may get a
chance to defend themselves in the court or that the law
will take its own course, as the trials of such fabricated
cases would be nothing more than sham trials.
Moreover, such an attitude would serve the main
purpose of the right wing Hindu elements in the IB & the
police who do not bother about the outcome of the
cases. Their main intention is to make the Muslim boys
languish in jails for years on end till the cases come up
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for hearing and of creating an anti Muslim atmosphere in
the country leading to communal riots, anarchy &
instability. Therefore, what is needed, under these
circumstances is the urgent and effective intervention on
the part of the higher judiciary in all these cases, at
whatever stages of investigation or trial they may be.
The Petitioners have therefore filed this Writ Petition
before this Hon'ble court under Article 32 of the
Constitution of India.
The Petitioners say that they have no other alternative
and equally efficacious remedy available to him and
therefore they have approached this Hon’ble Court
under Art. 32 of the Constitution of India and has filed
this Writ Petition.
The Petitioners state that they have not filed any other
petition, appeal and application before this Hon'ble Court
regarding the subject matter of this petition.
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PRAYER
It is therefore, most respectfully prayed that this Hon'ble
Court may be pleased to:-
i. to issue a writ of mandamus and/or any other
writ, order or direction under Article 32 of the
Constitution of India ordering and/or directing the
Respondent No. 1 to constitute a Committee
headed by the retired Supreme Court Judge and
consisting of some competent investigation
officers and experts in the field of cellular and
computer technology to further investigate all the
bomb blasts cases taken place since 2002
onwards, and more particularly of the offences
mentioned in the list (which is enclosed herewith
as Annexure P-45) and the investigation so
ordered be monitored by this Hon'ble court.
ii. necessary directions be given to the respondents
to initiate Criminal and/or departmental action
against the errant police officers, who deliberately
did not pursue the important clues found during
the investigation only to save the real culprits,
and who intentionally implicated innocent Muslim
boys by fabricating false evidence against them.
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vi. during the pendency of this petition, the innocent
boys arrested in bomb blast cases in the list of
which has been enclosed as Annexure P-45 and
against whom there is no clinching or conclusive
evidence, be released on bail, on verification.
vii. pass any other order/orders as this Hon'ble
Court may deem fit and proper in the light of the
facts and circumstances of the present case in the
interest of justice.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS
IN DUTY BOUND, SHALL FOR EVER PRAY.
FILED BY (SYED MEHDI IMAM)
Advocate for the Petitioner
New DelhiDrawn On: . 13.01.2012Filed On: 23.01.2012
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IN THE SUPREME COURT OF INDIA
(Criminal Original Jurisdiction)
WRIT PETITION (CRIMINAL) No. 19 OF 2012
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
MR. GULZAR AHMED AZMI& ANR. …PETITIONERS
Versus
UNION OF INDIA& ORS. ...RESPONDENTS
AFFIDAVIT
I, Mr. Gulzar Ahmed Azmi, Age: Adult, Occu: Social Work, R/at
32/29-C, Piru Lane, Mumbai 400009 do hereby solemnly affirm
and say as under
1. That I am the petitioner No. 1 in the above noted case and
as such I am fully conversant with the facts and proceedings of
the case.
2. That I have read and understood the contents of the Writ
Petition and I say that the facts stated therein are true and
correct to my knowledge and belief.
DEPONENT
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VERIFICATION:
I, the deponent abovenamed, do hereby state on solemnaffirmation that the contents of the paras 1 to 2 are true and
correct to my knowledge and I believe the same to be true and
that nothing material has been concealed therefrom.
Verified at Mumbai on 14th Dec 2011
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102
IN THE SUPREME COURT OF INDIA
(Criminal Original Jurisdiction)
WRIT PETITION (CRIMINAL) No. 19 OF 2012
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:
MR. GULZAR AHMED AZMI& ORS. …PETITIONERS
Versus
UNION OF INDIA& ORS. ...RESPONDENTS
AFFIDAVIT
I, Mr. Sudhir Sawant, Age: Adult, Occu: Social Work, R/at B-
102, Deccan Apartment, Khar Danda, Union Park, Mumbai
400052 do hereby solemnly affirm and say as under
1. That I am the petitioner No. 1 in the above noted case and
as such I am fully conversant with the facts and proceedings of
the case.
2. That I have read and understood the contents of the Writ
Petition and I say that the facts stated therein are true and
correct to my knowledge and belief.
DEPONENT
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VERIFICATION:
I, the deponent abovenamed, do hereby state on solemnaffirmation that the contents of the paras 1 to 2 are true and
correct to my knowledge and I believe the same to be true and
that nothing material has been concealed therefrom.
Verified at Mumbai on 15th Dec 2011