2006 Malegaon terror attack: All 9 Muslims discharged by Mumbai court

[email protected] (CD Network)
April 25, 2016

Mumbai, Apr 25: In a major development all nine Muslim men, falsely accused in 2006 Malegaon bomb blast case, were acquitted by a court here on Monday.

Malegaon

Noorul Huda, Shabbir Ahmed, Raees Ahmed, Salman Farsi, Farogh Magdumi, Shaikh Mohammed Ali, Asif Khan, Mohammed Zahid and Abrar Ahmed, who languished in the jail for years, had filed a discharge application earlier.

One accused in the case has died, while six were released earlier in 2011 on bail. Two other accused have been convicted in the 2006 train blasts case.

The Monday's order was passed by Sessions Judge V V Patil.

The National Investigation Agency on Thursday told a Mumbai court it has found no evidence to link nine Muslims arrested in the 2006 Malegaon blasts case to the terror attack, a move that could see them walk free.

The NIA did not object to the discharge applications filed by the arrested accused, saying evidence collected by it were "not in consonance" with those obtained earlier by Maharashtra Anti-terrorism Squad and the Central Bureau of Invgestigation, which had recommended their prosecution.

"It is submitted that evidence collected by NIA in further investigation is not in consonance with evidence collected by the Anti-Terrorism Squad and the CBI. The court may kindly pass appropriate orders in the matter," the anti-terror agency told a special NIA court in response to discharge applications filed by the nine accused.

It said no evidence was found in support of the conclusion drawn in final reports filed by ATS and CBI, which had probed the case earlier, and recommended prosecution of the accused arrested in connection with the September 8, 2006 explosions that killed 37 people and wounded 125.

Judge Y D Shinde adjourned hearing till next month. The 2006 bombings were part of a series of explosions that had rocked Malegaon, a communally sensitive power-loom town in Nashik district of Maharashtra, located about 300 km from Mumbai. The blasts had occurred in a Muslim cemetery, adjacent to a mosque, after Friday prayers on Shab-e-Barat.

The Maharashtra ATS, which first probed the case, had arrested Noorul Huda Samsudoha, Shabbir Ahmed Masiullah, Raees Ahmed Rajab Ali Mansuri, Salman Farsi Abdul Latif Aimi, Farogh Iqbal Ahmed Magdumi, Mohammad Ali Alam Sheikh, Asif Khan Bashir Khan alias Junaid, Mohammad Zahid Abdul Majid Ansari and Abrar Ahmed Gulam Ahmed.

The case was later handed over to the CBI, which endorsed the findings of Maharashtra ATS, before it was transfered to NIA after it came into existence in 2009. After the confessions made by Swami Aseemanand, an accused in the 2007 Mecca Masjid blast, the role of Hindu right wing organisation 'Abhinav Bharat' in the blasts came to light.

Following Aseemanand's confession, the accused moved the court with discharge applications. In May this year, NIA filed its charge sheet in the case against four accused-- Lokesh Sharma, Dhan Singh, Manohar Singh and Rajendra Choudhary, contradicting the findings of the ATS and the CBI.

Malegaon had seen another terror attack on September 29, 2008, also allegedly masterminded by 'Abhinav Bharat' in which seven persons were killed.

Comments

Kishor Mahajan
 - 
Tuesday, 26 Apr 2016

The problem was congress wanted to show the world that a hindu can be a terrorist thats why Sadhvi & Cornel Purohit framed .......AntiHinduCongress

Rikaz
 - 
Monday, 25 Apr 2016

They were arrested because of their religion...Governments should come forward and release all muslims from the jail....they are all prolonging in jail with no case on them at all...only fault of them is they are all muslims...that is it....

CPK
 - 
Monday, 25 Apr 2016

As of today police arrested only innocent Muslim youths in connection with many Bomb blast and later after 10 to 15 years the will released with lame excuses.The real culprits were enjoying some where with the help of authorities,officers of investigating agencies.(95% of them are Hindus) who are helping the real culprits.Now people has to decide who are the real TERRORIST in our India.

NOOR
 - 
Monday, 25 Apr 2016

AL HAMDULLILLAH... Thanks and praise be to ALLAH. So what happens to all these suffering through out this ordeal.
We Muslims believe that ALLAH is the lord of all that exists and He has the Power over all things & He has kept a TIME to deal on the INJUSTICE done on this earth (the enemies tried a lot to hide the REALITY but all in VAIN - All their evil plans are FLOPPED).

umar Farugue
 - 
Monday, 25 Apr 2016

finally truth s out, innocents were simply punished.

Suraj shetty
 - 
Monday, 25 Apr 2016

the time congress ruling they destroyed each and every evidence, finally they saved their chelas.

Deepika
 - 
Monday, 25 Apr 2016

congress destroyed all the evidence now they are saving them,

priyanka shetty
 - 
Monday, 25 Apr 2016

confusing! what about the Malegaon blasts, Mecca Masjid bombing, Samjhauta Express bombings & Ajmer sharif dargah blast?

arjun mahajan
 - 
Monday, 25 Apr 2016

Is the National Investigation Agency Sabotaging the Malegaon Blast.

Sukvindar
 - 
Monday, 25 Apr 2016

Congress sabotaged #Malegaon blast case.

Pasha
 - 
Monday, 25 Apr 2016

ironic comment on NIA u-turn in Malegaon blast. Unique case were hindu n Muslim both r accused.

chattarji
 - 
Monday, 25 Apr 2016

NIA says not 'favoring' or 'opposing' discharge in Malegaon blast, let judge decide.

Arnab
 - 
Monday, 25 Apr 2016

As NIA does a U-turn on Malegaon blast case, accused Muslim men plunge back into helplessness

jeevan Sequira
 - 
Monday, 25 Apr 2016

If those wrongly accused of Malegaon Blast require help to seek compensation.

Mehak Chamka
 - 
Monday, 25 Apr 2016

High Court Discharges 8 Muslim Accused 06 MALEGAON blast will Govt punish ATS officers for their torture,loss of time, ordeal, livelihood.

Fateh Ali khan
 - 
Monday, 25 Apr 2016

2006 Malegaon blast accused discharged ?? how come?? unless they are acquitted in arnab goswami's court, they will remain accused.

Fair talker
 - 
Monday, 25 Apr 2016

Who is responsible for the whole suffering during this 10years course of ordeal.
This is a great shame to all those agencies involved in the probe including judiciary system.

How such a huge difference in findings of the SO CALLED 2 great INVESTIGATING AGENCY.

The first ATS has falsely charged the victims.
poor people have to suffer at the cost of failure of our investigation
Honorably pay the good compensation, since apology and charge that agency who made them to suffer with false charges.

Taking 10years to find the justice.
Once again shame to so called GREAT NATION.

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News Network
July 27,2020

Kasaragod, Jul 27: Seven persons belonging to two relative-families who attended a funeral recently had been tested positive for Coronavirus on Monday.

Sources said the two families had been to Thavinjal near here for the funeral of a man who died at the Kozhikode Medical College Hospital on July 19.

Later, the samples of these seven persons were sent for testing after they developed symptoms of COVID-19, the result of which came out on Monday.

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Agencies
February 20,2020

India ranked 77th on a sustainability index that takes into account per capita carbon emissions and ability of children in a nation to live healthy lives and secures 131st spot on a flourishing ranking that measures the best chance at survival and well-being for children, according to a UN-backed report.

The report was released on Wednesday by a commission of over 40 child and adolescent health experts from around the world. It was commissioned by the World Health Organization (WHO), UN Children's Fund (UNICEF) and The Lancet medical journal.

In the report assessing the capacity of 180 countries to ensure that their youngsters can survive and thrive, India ranks 77th on the Sustainability Index and 131 on the Flourishing Index, it said.

Flourishing is the geometric mean of Surviving and Thriving. For Surviving, the authors selected maternal survival, survival in children younger than 5 years old, suicide, access to maternal and child health services, basic hygiene and sanitation, and lack of extreme poverty.

For Thriving, the domains were educational achievement, growth and nutrition, reproductive freedom, and protection from violence.

Under the Sustainability Index, the authors noted that promoting today's national conditions for children to survive and thrive must not come at the cost of eroding future global conditions for children's ability to flourish.

The Sustainability Index ranks countries on excess carbon emissions compared with the 2030 target. This provides a convenient and available proxy for a country's contribution to sustainability in future.

The report noted that under realistic assumptions about possible trajectories towards sustainable greenhouse gas emissions, models predict that global carbon emissions need to be reduced from 39·7 giga­ tonnes to 22·8 gigatonnes per year by 2030 to maintain even a 66 per cent chance of keeping global warming below 1·5°C.

It said that the world's survival depended on children being able to flourish, but no country is doing enough to give them a sustainable future.

"No country in the world is currently providing the conditions we need to support every child to grow up and have a healthy future," said Anthony Costello, Professor of Global Health and Sustainability at University College London, one of the lead authors of the report.

"Especially, they're under immediate threat from climate change and from commercial marketing, which has grown hugely in the last decade," said Costello – former WHO Director of Mother, Child and Adolescent health.

Norway leads the table for survival, health, education and nutrition rates - followed by South Korea and the Netherlands. Central African Republic, Chad and Somalia come at the bottom.

However, when taking into account per capita CO2 emissions, these top countries trail behind, with Norway 156th, the Republic of Korea 166th and the Netherlands 160th.

Each of the three emits 210 per cent more CO2 per capita than their 2030 target, the data shows, while the US, Australia, and Saudi Arabia are among the 10 worst emitters. The lowest emitters are Burundi, Chad and Somalia.

According to the report, the only countries on track to beat CO2 emission per capita targets by 2030, while also performing fairly – within the top 70 – on child flourishing measures are: Albania, Armenia, Grenada, Jordan, Moldova, Sri Lanka, Tunisia, Uruguay and Vietnam.

"More than 2 billion people live in countries where development is hampered by humanitarian crises, conflicts, and natural disasters, problems increasingly linked with climate change," said Minister Awa Coll-Seck from Senegal, Co-Chair of the commission.

The report also highlights the distinct threat posed to children from harmful marketing.

Evidence suggests that children in some countries see as many as 30,000 advertisements on television alone in a single year, while youth exposure to vaping (e-cigarettes) advertisements increased by more than 250 per cent in the US over two years, reaching more than 24 million young people.

Studies in Australia, Canada, Mexico, New Zealand and the US – among many others – have shown that self-regulation has not hampered commercial ability to advertise to children.

Children's exposure to commercial marketing of junk food and sugary beverages is associated with purchase of unhealthy foods and overweight and obesity, linking predatory marketing to the alarming rise in childhood obesity, it said.

The number of obese children and adolescents increased from 11 million in 1975 to 124 million in 2016 – an 11-fold increase, with dire individual and societal costs, the report said.

To protect children, the authors call for a new global movement driven by and for children.

Specific recommendations include stopping CO2 emissions with the utmost urgency, to ensure children have a future on this planet; placing children and adolescents at the centre of global efforts to achieve sustainable development, the report said.

New policies and investment in all sectors to work towards child health and rights; incorporating children's voices into policy decisions and tightening national regulation of harmful commercial marketing, supported by a new Optional Protocol to the UN Convention on the Rights of the Child, it said.

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News Network
May 21,2020

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.

Comments

A.Rahman
 - 
Friday, 22 May 2020

First of all  A Salute To Lawyer One Who Handled This Case Against Carriers Mismanagement Wrong Action.

 

Sure this is the second victory for the lawyer against arriers mismanagement.

 

Over all it is the sign  of a profesional ; qualified  eligble  lawyers efforts and right decision from a capable knowlegable judge. Suit case operating lawyers cannot handle such specilized cases.

They lawyer may handled rest of the vicitms cases or he not. But for his siincere efforts for the past ten years delcares whatn he  is. Am personally met him and  witnessed his court appearance  hope and wish him all the best and success .

 

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