MCOCA and Malegaon blast accused

Advocates of Mobocracy: Members of Hindu Rashtriya Sena protest outside a Nasik court where the accused were produced on November 15.

The ongoing twist-and-turn in the investigation of the Malegaon bomb blast of September 29 is stranger than a John Grisham novel. At this point of time, it may be difficult to say with certainty in which direction the investigation will lead to, but there are enough inputs and indicators to make an assessment.

Going by the various media reports, it seems that Anti-Terrorist Squad (ATS) has got nothing incriminating against the accused so far; the kind of evidence that will stand in a court of law. As one report in Hindustan Times says,

The hard evidence in the form of materials used in making and planting of the bomb, witnesses and other corroborative and supporting evidence is still missing.

The ATS has reportedly seized arms, cell phones, electronic timers, pen drive, telephone diary and some documents from the accused. The latest arrest of priest Dayanand Pandey makes the case murkier and high-profile as he had some "political contacts." Pandey has reportedly changed his number 4 times in the last 20 days. None of this is incriminating in law unless it is proved that the above mentioned items were used in the blast.

Narco test or truth serum as it is known is not a scientifically-proved and legally-approved method of investigation. Also narco tests are not fool-proof. A person of a military background like Lt. Col. Purohit can easily mislead the investigators. There is no guarantee that a person will only speak the truth in a so-called 'truth serum' test. Also evidence extracted under the test is not admissible in court.

The sincerity of any investigating agency should not be measured on the basis of leaks it willingly provides to the media but its approach in the application of law on the accused. All the accused arrested so far have been booked under Indian Penal Code (IPC), Unlawful Activities Prevention Act and several sections of the Explosives Act. A careful reading of these statutes will reveal that one can easily get bail under these Acts. On the contrary, it is very difficult to get bail in Maharashtra Control of Organised Crime Act (MCOCA).

In MCOCA, confessional statement of the accused is considered as "substantive evidence" and it is enough to punish the accused. In IPC and other statutes confessional statement is not considered "substantive evidence." I am not a great admirer of the draconian MCOCA but still one wonders why the ATS is not imposing MCOCA on the Malegaon bomb blast accused as it had done in the earlier blast of 2006.

To impose MCOCA, there should be at least one previous criminal chargesheet against the accused. Jagdish Mhatra, who was arrested from Dombivali in Mumbai, fulfills this legal requirement since a criminal chargesheet had been filed against him in a case of murder and extortion in 1996-97. One previous criminal chargesheet against any of the accused is enough to bring all the accused under the ambit of MCOCA.

Despite this, ATS is still "considering" and yet to apply MCOCA on the Malegaon blast accused. The same ATS had applied MCOCA on the 2006 blast accused immediately. People of Malegaon are curious to find out why this time the ATS is delaying the implementation of MCOCA.

The ATS claims to have 400 minutes of taped-conversation between Sadhvi and Ramji, the alleged bomb-planter. In a recent judgement, Supreme Court has categorically stated that the taped-conversation is admissible under MCOCA. In simple words it means the ATS can easily convict the accused on the basis of the taped-conversation if they choose to apply MCOCA.

Isn't it good news for the ATS? Why delay then?

Singh a Song

The New Face of Saffron Terror: Will Sadhvi sing?


One does not know whether Sadhvi Pragya Singh Thakur, September 29 Malegaon bomb blast accused, did 'sing' or she is made to sing but Bharatiya Janata Party (BJP) has already chosen to sing a song. The singer is none other than a Singh who firmly believes that his ability to sing a song of 'cultural nationalism' will save his party. "Those who believe in cultural nationalism," said Rajnath Ram Singh, BJP president, referring to Sadhvi "cannot ever take to terror."

One does not understand Singh's definition of 'cultural nationalism' but he has been an inconsistent president of a party which claims to be truly "nationalistic." Is he the same Singh who sung the "terrorist" song immediately after the so-called 'encounter' at Batla House? Why did he sing a different song after the arrest of Sadhvi? Is it because of the difference in religious affiliation of those who were killed at Batla House? Or did 'acquaintance' prompt him to defend Sadhvi? The widely-circulated picture of Singh with Sadhvi does not incriminate him but as we say in journalism: A picture speaks a thousand words.

One must note that like the accused of the Batla house, Sadhvi remains an accused and not a "terrorist." A terrorist tag can only be accorded by a court of law.

Sadhvi has created so much confusion within the BJP. Initially, BJP disowned her when it was revealed that she was once a part of its student-wing, Akhil Bharthiya Vidyarthi Parishad (ABVP). BJP changed its official policy the moment Uma Bharati joined the strange enigma of Sadhvi. Uma Bharati was merely a political trap; Singh easily succumbed to it. After all, Singh and Bharati share the same saffron soul with varying degrees.

BJP's state of no-acceptance no-rejection of Sadhvi makes its case ambivalent.

A president of a nationalist political party should always stick to one song on a one theme no matter whoever may be the target audience.

BJP spokesman Ravi Shankar Prasad thought Singh's song was not enough and decided to write the whole script. His utterance was a good example of hysteria's triumph over common sense. "Why this lead (the alleged involvement of Students Islamic Movement of India in Malegaon 2006 cemetery blast) has not been followed in the 2008 blast?" Prasad asked.

Mr. Ravi Shankar should at least know that the motorcycle used in the blast was registered in the name of Sadhvi.

L.K. Advani, who has responded cautiously to Sadhvi episode, must take notice of his party's official ignorance.

Meanwhile the response of the saffron Hindutva groups has been highly intolerant. The rabid display of the 'majoritarian nationalism' or to put it more precisely 'mobocracy' went unnoticed in the mainstream media. Thousands of the saffron souls protested outside a Nasik court on November 3 where the accused were brought for the trial. They carried placards, chanted highly provocative slogans and openly defended Sadhvi and other army men allegedly involved in the Malegaon blast.

India, being a civilised democracy, gives a right to defend an accused. I am glad that Indian Muslims have never ever done such a protest outside a court. Indonesia, the largest Muslim country, did not witness any such protest when Bali bomb blasts' Muslim bombers were executed on the order of the country's highest court.

Nathuram Godse is dead but his legacy of hatred still thrives on. Himani Savarkar, Godse's niece and president of Abhinav Bharat – the organization allegedly behind the Malegaon blast – has advocated an eye for an eye theory. "If we can have bullet for bullet, why not blast for blast?" she has asked. She has even advocated that Indian Muslims should go and find a Muslim country to live!

Post-Independent India was infected with caste and communal riots. Now the bomb blast is an easy and alternative way to infect the body of India. It has begun to bleed with sickening regularity. Do we Indians realise that the war is no longer across the border? It is being fought within. China and Pakistan are not our biggest enemies. Our biggest enemies are fellow Indians who are striking at will wearing the cloak of anonymity.

Sadhvi episode has highlighted one crucial fact in Indian context: Terrorism is not a Muslim specialty. The bomb blasts in mosques in the Marathwada region (Nanded, Parbhani, Purna, Jalna etc.) were indeed carried out by Hindutva fanatics but government and intelligence agencies ignored it lest they antagonise the majority community. Army men's involvement in the Malegaon blast should not come as a surprise. Our intelligence agencies do have people who share the right-wing ideology. Those who have followed the Nanded 2006 blast will agree that the role of India's Criminal Bureau of Investigation (CBI) has been highly controversial and biased.

Initially ATS suspected that SIMI was the behind the Malegaon blast. The ATS knew it from the day one that the killer motorcycle belonged to Sadhvi but yet they continued their combing operations in Muslim areas of Malegaon! The sudden 'right-turn' in the investigation was a result of Muslim resentment across the state of Maharashtra. Dozens of Muslim corporators belonging to Congress-NCP had sent their resignations directly to chief minister Vilasrao Deshmukh and home miniter R.R. Patil.

With elections round the corner, a dual-theory is being propagated by political pundits. Batla encounter was carried out to pacify Hindus and Malegaon arrests were made to "appease" the Muslims! Congress is being accused of playing a dual game.

A murmur has begun to develop in Muslim mohallas that Congress is indulging in a psychological war of perception management. Is Congress playing a game with Muslim sub-consciousness? We can't say with certainty. But at the same time it can't be ruled out. There is at least one reason to suspect. ATS is yet to apply the draconian MCOCA (Maharashtra Control of Organised Crime Act) although they have slapped it on Malegaon blast accused of 2006. It is still being "considered."

Quite a Muslim question: Are there two set of different laws for two different communities? That's a question which Vilasrao Deshmukh needs to answer.

The Muslim vote will depend upon his answer and not mere lip-service as his government has been doing for the last 9 years. Sri Krishna Commission report is just the tip of an iceberg. The iceberg of genuine Muslim issues may sink Vilasrao's political boat.

This time 'nine days wonder' trick will not save Congress-NCP government.

A question worth-debating: Can Muslims of Maharashtra sing a different song?