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

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

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?

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?