No Bend in the River

“When you reach the end of your rope”, goes an old saying, “tie a knot in it and hang on.” For last three and half years, people of Malegaon have clung to the last knot in their ropes but there seems to be no bend in the river upon which there are hanging on. There is no bend in the river. The torrential flow of stream runs in the same direction with the same old pace. Occasionally, tiny bubbles of hope are followed by hopelessness. Bubbles emerge to disappear into oblivion. Bubbles of hope are like a mirage in a barren desert which keeps deceiving the desert travellers.

September 8, 2006 Malegaon blasts are a watershed in the history of Indian Muslims. It was for the very first time that Muslims were specifically targeted on a mass scale: 31 deaths and 300 injured. We could nothing practical to prevent the arrests that followed. We screamed. The democratic scream was loud enough to be heard at 10 Janpath. There was a sense of relief in public when the investigation was transferred to Central Bureau of Investigation (CBI) from ATS in December 2006. Frankly speaking, our sense of relief was based on a fallacy we failed to recognise. The ATS was allowed to file the chargesheet just a day before the case was transferred to CBI. The intent of State and Central government was hidden in this one single act. Congress-led State and Central governments connived to fool Indian Muslims but we failed to understand the judicial puzzle. There was no need for celebration but yet we celebrated transfer of the case. Politicians in Mumbai and Delhi must have laughed at this sheer madness. They must have felt happy that Indian Muslims had mortgaged their common sense in exchange of one single announcement.

There was only one Muslim, a former top cop, who warned against the mad movement for transfer of the case to CBI. His voice, like Maulana Azad, was subdued.

We should have taken a hard look at matters of judiciary but we were swayed by the so-called “victory.” There was no legal mind who could explain to us the judicial entrapment thrown by Central government with the active help of state government. By law, CBI could only file an investigative report in the form of a supplementary chargesheet because the matter was in a court of law. There was no single lawyer who could ask: Will CBI file a contrary chargesheet? Can a supplementary chargesheet be contrary to the original chargesheet? Is there any penal code which specifically states that a supplementary chargesheet fundamentally differs from the actual chargesheet?

CBI has finally done the expected: It has put the judicial stamp of approval on the investigation carried by the ATS. ATS took less than 120 days to file the chargesheet comprising of 3000 pages while CBI has taken at least 1200 days just to submit a supplementary chargesheet of merely 75 pages! Perhaps CBI should be renamed as CBS (Central Bureau of Sub-editing!) That brings to us to an interesting question: Which investigating agency is better as far as productivity and judicial delay are concerned? ATS was a far better agency than CBI. CBI sat quietly on the investigations for more than 3 years. Had the case not been transferred to CBI, the judiciary matter must have progressed.

The judicial battle started very late by Kul Jamati Tanzeem (KJT) is going to be a long one. It should be driven by mere judicial merit rather than any religious rhetoric. The focus of the judicial debate must focus on the innocence of all the accused rather than the blame-game on the investigating officers. Rajwardhan, the then Rural SP, may have been involved in pressurizing Abrar into wrongful confession but there is no actionable evidence against him. The same is true of the accusations made against Sadhvi and company.

Judgements are not based on individual conviction. It is based on the subject-matter and evidence laid down in a court of law. Therefore, unless KJT has actionable evidence against Rajwardhan and Sadhvi in 2006 blasts, it should keep quiet and focus on the innocence of the accused the ongoing judicial delay.

Hundreds of innocent Muslims have been framed by intelligence agencies in terror-related charges across the country. At least 20 Muslims have been acquitted in Hyderabad. This raises an important question: Cant intelligent agencies held accountable as suggested by Vice-President Hamid Ansari recently at an Intelligence seminar?

Justice and equality are our rights enshrined in Indian Constitution and we must strive hard to achieve them.

Sonia Gandhi’s Congress party has not done enough to give justice to Indian Muslims. An investigating agency like CBI may walk away without any accountability but political establishment has to bear the burden of wrongdoing.

The volcano of anger, of injustice is building up in Malegaon.

Can Sonia Gandhi step in to right the wrong?

Sunday Inquilab, March 7, 2010

A Judicial Ray of Hope

Shaikh Dastagir, a victim of September 8, 2006 Qabristan blasts

Ashwani Kumar, director of Central Bureau of Investigation, and his committed team of sleuths have suddenly discovered that power is not absolute in a secular democracy. Power comes with responsibility and subject to checks and balances by the short arm of legislators and by the long arm of judiciary. CBI sleuths were so confident of power that they went on to sleep for three long years before being woken up by a judicial bite. Isn’t it amazing that CBI took three years just to utter one sentence – which everybody in Malegaon knows – that accused of Malegaon 2006 blasts are innocent. Had it not been the deep and effective judicial bite of Justice J.N. Patel, CBI would have slept till eternity!

The response of judiciary was quick; Bombay High Court came out with its terse judgment in three months. There was no political response for three long years. Should one assume that the two arms of a democratic republic are in complete disharmony? Should one equate Manmohan Singh-led UPA with notorious CBI? Where PC Chidambaram’s golden-rule of democracy is which he very keen taught to Muslims at Deoband? Prime Minister Manmohan Singh, National Security Advisor and Home Minister must admonish CBI in two words: perform or perish.

Before being bitten by the judicial jaw, CBI had an opportunity to prove and reaffirm nationwide belief that it is indeed country’s most trusted and prestigious investigating agency. CBI had a golden chance to capitalize on the so-called “public outcry” which rose from Malegaon. It had a golden opportunity to score over ATS. But unfortunately it treaded the path of ATS which has a dead end. It followed the misleading footprints of a “communal” (that’s how SM Mushrif describes KP Raghuvanshi in his new book: Who Killed Karkare?) officer like KP Raghuvanshi. CBI inquiry may have been a ray of hope to some in Malegaon but it has proved to be eyewash.

The demand for CBI inquiry was not because of “public outcry” as the public prosecutor has claimed in the high court. It was a personal outcry borne with the desire to fill Muslim leadership vacuum. The lone voice filled the empty spaces in newspapers’ columns and each one of us accepted it as a gospel. It was S.M. Mushrif alone who publicly castigated and criticised this insane decision to demand a CBI inquiry on October 10, 2006 at KC College auditorium. CBI inquiry converted an easy puzzle into a complicated riddle.

The formation of Kul Jamati Tanzeem (KJT) did not help; it, in fact, made matters worse. KJT wanted to spearhead a democratic movement in order to release the accused but yet it forgot a golden-rule of democracy: to take help of secular activists. It aggressively portrayed itself as a Muslim organization which proved suicidal. It is precisely for this reason that KJT refused to cooperate and share its report with Teesta Setalvad and Justice Kolshe Patil. The inflated egos of its members must have further inflated when it submitted its so-called “report” to CBI. Is CBI a court of law? Was CBI legally bound to follow the report? Has KJT got any legal credentials that country’s premier investigating agency will follow its diktat?

CBI sleuths must have mocked at this blind and insane decision. The decision to handover the report was a collective mockery of people of Malegaon. KJT is guilty of connivance; it presented all the “evidence” to CBI the way a fresh bowl of soup is given to guests!

Centre and State government have been playing the role of hide and seek. Both are morally and politically responsible to pressurize the concerned agencies to speed up the pace of investigation. Home Minister PC Chidambaram need not become a judge to discover that justice is one of the foremost problems of Indian Muslims. He would do well to remember what American editor and reformer Frederick Douglass was fond of saying,

“I would unite with anybody to do right and with nobody to do wrong.”

Frederick once wrote:

“Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe.”

Judges have performed their duty. Politicians have not.

Sunday Inquilab, November 22, 2009

Expectations high as Sonia Gandhi visits Malegaon

Malegaon General Hospital to be inaugurated today by Sonia Gandhi

For people of Malegaon, the long and patient nine-year wait is finally over as Sonia Gandhi visits Malegaon to inaugurate newly-constructed Malegaon General Hospital. The dream of a government hospital was envisioned by the then Chief Minister Vilasrao Deshmukh in the aftermath of October 26, 2001 riots. For six years, Vilasrao Deshmukh kept dreaming about the hospital while people of Malegaon stood silently with an empty bowel. The soulful cry of a father that rose from the debris of 2006 cemetery shook the conscience of Mrs. Gandhi. Vilasrao woke up from the deep slumber of indifference and was compelled to implement his six year old dream.

So, what does people are Malegaon expect from Mrs. Gandhi, the political queen of India? People are of course happy and exuberant that Sonia Gandhi is going to visit their historical textile town. They just don’t want Mrs. Gandhi to cut the symbolic red-ribbon and repeat the usual platitudes. Any Tom, Dick and Harry can do that. People want Mrs. Gandhi to do an Obama in Malegaon. Muslim community, who very often feels betrayed by the state government, expects some plain and bold speaking from Mrs. Gandhi. She has to assure the town that the days of state neglect will be over. She has to utter unequivocally that Malegaon occupies a central place in the heart of Congress. She has to acknowledge that people of Malegaon are not very happy with the functioning of her party. The general election result in Malegaon is a testimony of this fact. If Mrs. Gandhi and her party want to conquer and safeguard Muslim votes, then Malegaon is an important bastion to wage the long and arduous battle.

Mrs. Gandhi should know that the feeling of injustice, alienation runs deep in Muslim psyche here. Her party should pick up a magnifying glass and take a hard look at ground realities. The wives of Malegaon bomb blast accused 2006 are desperately waiting for the completion of CBI inquiry. Mrs. Gandhi must use rightful political means to make sure that it doesn’t get delayed anymore. The growing kids of the accused need to know whether their fathers are really “guilty” in the official book.

People of Malegaon expect overall development of Malegaon. Malegaon is a town where the bellies of local politicians are fatter than a newly-built road. People want Mrs. Gandhi to use her political clout to ensure that central government schemes are duly utilised in Malegaon. They want Mrs. Gandhi’s government to treat Malegaon as a special zone for the development. They want colleges and institutes like the ones in Sonia Gandhi’s Rae Bareli. In the last 4 years, Mrs. Gandhi has managed to set up three institutes in her constituency.
People of Malegaon wonder whether it will also get the same kind of treatment which Rae Bareli enjoys where in a single year alone, 250 crores were sanctioned to build roads in and around Rae Bareli. One such another scheme of 313 crore was sanctioned to connect Rae Bareli to Allahabad.

There is a feeling of injustice among Hindu brethren of Malegaon. Some are of the view Malegaon is deliberately ignored because it’s a minority-dominated town. Mrs. Gandhi’s Congress party can prove this presumption false only by concrete action.

The patience of people of Malegaon can be gauged from the fact that their status has always been that of man waiting in a long queue. The wait never seems to get over. We are still waiting for railways promised 25 years ago. It has got the green signal of state government but the actual work is yet to begin.

Is Malegaon a town of waiting?

Mrs. Sonia Gandhi should know the answer.

Inquilab, June 30, 2009

An Open Letter to KP Raghuvanshi

Dear Mr. Raghuvanshi,

Greetings!

Congratulations for accepting the post of new ATS chief. You have once again proved that you are a brave heart and indeed an iron man of Maharashtra police. You have agreed to become ATS chief at a time when our senior police officers are wary of taking up any post associated with terror! How can senior police officers decline the post of ATS chief citing ‘personal reasons’? Perhaps they have been “terrorized” by the fall of an equally noble officer, Hemant Karkare. The reluctance of law-keepers is an irony in itself. In this irony lies your bravery.

The good news must have lightened up your fortnight holiday. Why should it not? Tough cops like you deserve a standing ovation. What more, now your post has been elevated to the rank of additional director-general. We are in a state of double-bliss!

You must be happy and proud that you have regained an old post. You were the first occupant of the ATS office. With Karkare’s death, you have once again got an opportunity to occupy ATS office. Life has completed a full circle.

We are very happy that you have been credited for “successfully” investigating July 2006 train blasts in Mumbai and the subsequent cemetery blasts in Malegaon. We congratulate you for “cracking up” these two cases but we will not hold a felicitation for you. We would like to felicitate you in Malegaon only when it is proved in a court of law that all the accused in Malegaon case are the real culprits. We, like you, have faith in India’s judicial system despite its flaws.

We are happy that it was you who had spoken firmly on Nanded blasts of April 2006 in which a youth manufacturing a bomb died inside the house of the local Bajrang Dal and Vishwa Hindu Parishad activist. It was you who had conducted brain-mapping and narco-analysis test. It was you who had said openly that the same group of terrorists is responsible for the bomb blasts at the Parbhani mosque in April 2003 in which 25 persons were injured. It was you who had said that Nanded incident could have “frightening repercussions”. It was you who very frankly acknowledged that this was not an isolated incident but also part of an “organised pattern.” Unfortunately, the organised pattern was reflected on September 29, 2008 in the form of a bomb blast at Malegaon’s Bhiku Chowk. Your fears were true but alas each one of us could do nothing to stop it.

Hemant Karkare exposed the “organised pattern” in Malegaon. His greatness does not lay in the arrest of Sadhvi Pragya Singh Thakur but his ability to turn his “enemies” into “well-wishers” even after his death. It was his determination that brought out the Muslim community from the cocooned shelf of fear-psychosis.

Your appointment may once again draw flak from a section of Muslims in Maharashtra. We are aware that many Muslims have questioned your integrity. You have been accused of being “communal” and “biased.” It’s the time for you to turn the tables. You have a golden opportunity to prove your secular credentials. You must have heard of the famous English proverb: opportunity knocks but does not linger. You can still win over Muslims by your substantive acts rather than reassurances. We don’t hold the view that all police officers are communal, but there is no denying the fact that a minuscule minority is dirtying the pond of intelligence. It is your job to identify such dirty fishes and throw them away!

Some Muslims may raise the issue that you had invited Colonel Purohit and Major General Ramesh Uphadyay, both accused in 2008 Malegaon blast, for a lecture on intelligence for the ATS in 2003. We give you the benefit of doubt that you may not have been aware of their true intentions. All will be forgotten if your team can successfully prove them guilty in a court of law.
It was you who had rightly asked a question: Why are no questions being raised by fact-finding teams about the arms hauls in Malegaon and Aurangabad and the identity of the accused who have been arrested? This indeed is a right question. We will be very happy if you can seal the arms haul case with judicial seal. We would like to believe that it was a big haul but there is one question we would like to ask: What is the origin of such a big haul? Did it come across the border? Or did it originate in India itself? There are many questions which every sane Indian need to ponder over.

We wish you all the best and hope that your second inning will be more interesting and remarkable than the first. Each one of us, including your team, need to take a pledge to fight terrorism together because a bomb does not discriminate between a Hindu and a Muslim.

Hemant Karkare has left footprints in the sand. We hope you would follow in his footprints before it gets washed away in the tidal wave.

Yours humbly,

An ordinary citizen of India

Sunday Inquilab, June 14, 2009

Amplifying Advani Logic

December 10, 1992: L.K. Advani and Uma Bharati wave to kar sevaks outside Faizabad court. Photo courtesy: The Hindu


Law and order have two enemies: the Full Truth and the Complete Lie. When people realize the truth, they start revolutions. When they are fed lies they begin meaningless riots.

(M.J. Akbar, 1979)

A leader is one who leads by example and does not follow in the footsteps of his followers and disciples but Lal Krishna Advani, country's desperate Prime Minister-in-waiting, is an exceptional political entity. He used to lead by example in his infamous Rath Yatra days but the addictive taste of Delhi's political power has changed his state of mind. No wonder he is blindly advocating a theory propagated by a small fish in the dirty pond of India's communalism - the notorious Narendra Modi.

Modi had recently said, "Attacks like 26/11 couldn't have happened without local support...The UPA government is quiet on this aspect because of vote-bank politics." In other words, it simply means the attack could not have taken place without the active help of Indian Muslims. Modi's statement was much appreciated within the BJP and Sangh Parivar. Advani, whose eyesight is fixed on 7 Race Course Road (Prime Minister's residence), realised that it was time that he broke his dignified silence to please saffron souls lest they think Modi is their natural leader! It is in this context Advani raised the issue that local angle "could not be ruled out", and demanded a "thorough" judicial inquiry covering "this aspect of the conspiracy as well." Winston Churchill once said, "The nation will find it very hard to look up to the leaders who are keeping their ears to the ground." Had Advani kept his ears to the ground, he would have certainly broadened his approach but he didn't. A man who desperately wants to be India's next Prime Minister should have demanded a "thorough" judicial inquiry of Batla House encounter, Mecca Masjid, Samjhauta Express and Malegaon blasts etc. That would have made him a man of all seasons but alas he is a man of saffron reason! If Advani's eyes are on the 7 Race Course Road, his ears are paying attention across the border. He is desperately seeking votes in Pakistan! The ad featuring on many Pakistani websites reads, 'It's possible, Advani for Prime Minister.' Does Advani want to become Prime Minister of Pakistan? Advani's adventurous ambition will bring much needed relief to Yousuf Raza Gilani, Pakistan's current Prime Minister! For a change we must give Advani benefit of doubt. If his "local angle" concern is indeed genuine, let's try to apply this logic in totality. What would be the reaction of government and politicians if any political leader of Malegaon tries to raise the "local angle" involvement in September 29 2008 blast? What if he repeats the exact words of L.K. Advani only replacing 26/11 with Malegaon blast? He would be immediately branded as a "communalist", an "anti-national." The police department will sing a song of law and order problem. It is quite possible that he would be booked under some sections of Indian Penal Code for making provocative statement of the communal nature. This classic Indian duplicity is not a gift of British Raj but it's a product of hate-preachers who still see Indian Muslims as "outsiders" and "invaders." This tendency emanates from none other than the right-wing ideologue Golwalkar who put it quite bluntly,

"Ever since the evil day, when Muslims just landed in Hindustan, right up to the present moment, the Hindu nation has been gallantly fighting on to shake off the despoilers."

It is a different matter that this kind of rabid rhetoric has been replaced by soft Hindutva because in an era of coalition politics, BJP can not form government on its own. Adopting the same kind of language will cut short Advani's Prime Ministerial dream. The duplicity and hypocrisy of L.K. Advani is nothing new. He has been accused of a criminal conspiracy to demolish Babri Masjid. Advani first blamed Prime Minister P.V. Narasimha Rao, next, acclaimed the event as a historic one. In front of the Liberhan Commission, he has repeatedly said that December 6, 1992 was the saddest day of his life although Advani had said in Ayodhya that,

"Aaj (December 6) kar seva ka akhriri din hai, kar sevak aaj akhiri kar seva karenge." (It is the final day for the kar seva today, The kar sevaks will be doing the final kar seva today).

When the demolition of the mosque was in progress, he also told that the Central forces were moving from Faizabad towards Ayodhya, but they were not afraid of it and instructed the public to block the national highway straightway so that forces do not reach Ram Janam Bhoomi. This was reported by Indian Express and later documentated by noted lawyer and commentator A.G. Noorani. Jaswant Singh said that the demolition should not have happened in the sense that BJP was one of the participants and BJP has direct responsibility. Ashok Singhal was more blunt. He told a gathering in London that

"Kar sevaks had removed a stigma attached to the Hindu community. This was a matter of pride for Hindus the world over. It was like Hanuman setting fire to Lanka."

A.G. Noorani has beautifully described BJP's confession and denial thus,

"The BJP wants to run with the hares and hunt with the hounds. It simultaneously acknowledges as well as denies its involvement in the crime."

Advani's autobiography (My Country, My Life) is full of lies and contradictions and there is ample evidence of his "Muslim phobia" in it. It is an attempt to portray Advani as a "nationalist" leader and pave way for his Prime Ministerial dream. Perhaps that last word must be left to Noorani:

"If Advani succeeds in fulfilling his 20-year old ambition, this book will rank as the Fuhrer's Mein Kampf. If he is defeated in 2009, it will be remembered for ever as the swansong of a man who wanted to be Prime Minister of India too badly."

Sunday Inquilab, February 22, 2009

Malegaon blast probe is still the issue

Malegaon blast victim still await justice. Will Mr. Raghuvanshi oblige?

The world's largest democracy is going through one of the most critical phases of its 61-year old life. We should call it India's mid-life crisis; a period of dramatic self-doubt where one tragedy is being matched or answered by a greater tragedy. It seems that competition – one of the main features of marketing – has begun to apply even in the gory field of terrorism. We are being pushed into the dirty pit of terrorism in a cyclical motion. Terrorism has begun to apply the rules of communication. Communication is a two-way process. Terrorism is increasingly following in the footsteps of communication; where 'our terror' is being answered by 'their terror' or vice versa. This phenomenon is alternatively known as 'tit-for-tat terrorism.' It is in this framework that Malegaon September 2008 blast must be looked into.

The Malegaon blast probe which made headlines all across the world was earth-shattering. Before the probe could completely unearth all the faces involved in the blast; another terror storm rocked the nation's psyche and Malegaon probe was suddenly put on hold. The worst aspect of 26/11 may be that it consumed the faces involved in Malegaon blast probe but Malegaon can not be put on the back burner. The shocking revelations of Malegaon blast can not be easily erased from peoples' memories; be it Hindu or Muslim. 26/11 may have overshadowed Malegaon, but it can never be forgotten because it has now been associated with the Mumbai carnage.

Does that sound strange that Malegaon probe has been associated with 26/11?

No. The two fateful events had one similar character: ATS chief Hemant Karkare. And whenever, people would recall 26/11, they will surely remember Hemant Karkare. And the name Hemant Karkare has become synonymous with Malegaon blast probe. There emerges a triangle whose dots will always be connected to each other.

Hemant Karkare's loss has proved to be a severe blow to the Malegaon investigation. The main character of the script is no more. Can a script be completed without the main character? It might be possible that a film can never be sustained with the death of its protagonist but in real life things are different. Karkare has left behind footprints on the sand. Now it is the job of the directors (read politicians) to guide the new actor (read K.P. Raghuvanshi); to make sure that he follows the footprints left by his predecessor.

The new actor must remember that footprints on sand don't last long.

The director (Ashok Chavan), his assistant (Chagun Bhujbhal) and the new actor know and understand that Malegaon script has already been drafted. The new players just need to complete the script. Any change or delay in the completion of the script will be detrimental. Audiences are desperately waiting to witness the climax of the story.

The people of Malegaon are not very happy with the track record of K.P. Raghuvanshi; he was the ATS chief when September 8, 2006 blasts took place. But still, we have no grudge against him; our readers will recall that Nanded blast was being investigated by Mr. Raghuvanshi himself. The ATS investigation in Nanded blast was far better than the investigation carried by CBI later. In fact, Mr. Raghuvanshi should be given a free hand to complete the Malegaon probe as early as possible.

With Karkare's departure, the once media-savvy ATS has suddenly become media-shy. People of Malegaon want ATS chief to assert himself in order to restore the faith of the people. He has not made any remark or addressed a single press conference on the issue of Malegaon probe till now. His long silence is open to misinterpretation. He must speak up his mind in order to put rumour mills to sleep.

It's your turn to speak up, Mr. Raghuvanshi!

Will you please oblige?

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?