Expected? Key documents in Malegaon blasts case missing from NIA court!

April 7, 2016

Mumbai, Apr 7: All the statements were given in front of a magistrate and hence admissible as evidence to nail the alleged culprits that include a 'sadhvi' and a serving Indian Army officer.

blastIn a major setback to the 2008 Malegaon blasts case, seven statements of witnesses - all recorded in the presence of a magistrate and admissible as evidence - have gone missing from the Special NIA Court.

Coming in the wake of Special Public Prosecutor Rohini Salian's statement in June last year that National Investigation Agency (NIA) officers were putting pressure on her to go soft in the case, the disappearance of the crucial court documents will again call into question the prosecution's intent and ability to take the case, in which members of an alleged Hindu radical group stand accused, to its logical conclusion.

Two low-intensity explosions in Malegaon's Bhikku Chowk on September 29, 2008, had left seven people dead and left over 80 injured. The Maharashtra police's Anti Terrorist Squad, which investigated the case before it was handed over to NIA in 2011, arrested a dozen-odd accused, including self-styled Sadhvi Pragya Singh Thakur and serving Indian Army officer Lt Col Srikant Purohit. Both worked for Hindu radical group Abhinav Bharat.

An embarrassed NIA has formed three teams to look for the missing statements, while the court officials have also joined in the search. Salian, who quit the case last year over, what she called, NIA's pressure to not push too hard, on Wednesday told media that an official from the Special NIA Court came to her looking for the documents. "One of the staff from the special court enquired with me if I am in the possession of the key documents, including several witness statements recorded under section 164 of the Criminal Procedure Code, which, he said, were not traceable in the court," she said.

Salian said she had handed over all documents to the designated special prosecutor Avinash Rasal in the presence of NIA officials. "I have not kept a single document related to the case with me," she said.

Rasal, on his part, said he had no knowledge of any witness statements having gone missing, but said that it is possible that some documents may have been misplaced. "The documents have been moved frequently from one court to the other. If the documents are not in the Special NIA Court, then they are probably some place else and the court officials should be able to locate them," he said.

Top NIA officials, including DIG Abhin Modak, all through Wednesday did not respond to calls and text messages and an agency spokesman said he had no comment to offer on the matter.

Among the witness statements gone missing is that of Dharmendra Bairagi, a close aid of Ramji Kalsangra, a key accused in the case who is absconding. Bairagi, in his statement recorded before a magistrate, had said that he was witness to a meeting between Kalsangra and Pragya Thakur in Ujjain just months before the 2008 blasts. He had also said he had heard the two discussing a plan to engineer blasts.

Another key statement that is missing is that of the founder of Abhinav Bharat Hemani Savarkar. Savarkar's statement details a meeting between Lt Col Purohit and Pragya Thakur in Nashik in 2007. It also accuses Lt Col Purohit of misusing Abhinav Bharat's name to raise funds.

Top criminal lawyer Majid Memon called the disappearance of the documents shocking. "In a case relating to terror, which is considered a serious offence, if lethargy, negligence or deliberate removal of important documents surfaces, it is an extremely serious matter. The court should not tolerate such lapses."

He added that this appears as a deliberate attempt at weakening the case and helping the accused. "On the face of it, this cannot be accidental or a case of omission."

While copies of the missing statements are available with the accused, these, in the absence of the originals, become secondary evidence. Statements recorded in the presence of a magistrate have evidentiary value before the trial court. Though a witness can still be called for deposition before the trial court so that he can be cross-examined, if the witness deviates from the statement given before the magistrate, the trial court can still rely on the statement.

Advocate Shirikant Bhat said that while statements can be reconstructed from a copy of the same available either with the prosecution or the defence, it all depends on how reliable or authentic this document being relied upon is. "And whether or not that document should be relied upon for reconstruction is for the court to decide," he said.

Advocate Shrikant Shivade, who is appearing for Col. Purohit in the case, said reconstruction based on the copies available either with the prosecution or the defense will be possible only if the process of filing the documents on record has been followed. "We will have to check if the statements were ever on record in this case," he said.

Comments

PONDER & Use UR
 - 
Saturday, 9 Apr 2016

Naren, Bopanna..
I dont think U guys have read QURAN...
I feel U just quoted the same thing which the devils agent salman rusdie... explained in his book...
If U read QURAN with its content ... U will understand the TRUTH. Sometimes try to read by yourself and dont be like animals, whatever is fed, U accept it.
Also If we quote from the Hindu scriptures... We can find many such wars & violence done ... But we use our intellectual which ALLAH and Prophet Muhammad pbuh taught us... not to insult other religion.
Please quote from hindu scriptures also, there are plenty of verse of Violence.... and some verses, I feel disgusting to read ... which u people say its from god... But its NOT and which was added by some shaukuni along with the word of God.....to FOOL U and those who blindly follow without using the intellect that God has given us.

Please read with open mind and Stop following blindly..

Curious
 - 
Friday, 8 Apr 2016

NIA looks like a RSS wing works pro for some community and anti for other communities.

Naren kotian
 - 
Thursday, 7 Apr 2016

Jai Sri ram ...god knew that nationalist Indians will never commit henious crimes like one particular community... So documents disappeared...welcome nationalist Indians ..soon we will make sure all sangh parivar guys are out from jail .hara hara modi ..death to jihad ...we must create terror in the hearts of terrorist community ..its the mossad policy ...jai ho Israel jai ho Indo Israel relationshi ...sangh parivar must double up nexus with Israel in all fields covertly and overtly ...hahaha jihadi galige menasina kaayi itta haage madlikke ishtu saaku ...ummah muah chummah ..

Bopanna
 - 
Thursday, 7 Apr 2016

Koran instruct in violence, 4:89; 5:33. 9,5,111,123. 47;4. but still further the Koran also teaches that the Jewish people are descendants of swine and apes.2:65.; 7:166; 5:60. T

PONDER & Dont
 - 
Thursday, 7 Apr 2016

When Tiger bit human --- There is no law to punish the Tiger
When leopard bit human --- There is no law to punish the leopard
When snake bit human --- There is no law to punish the snake
When Dog bites the human --- There is no law to punish the Dog

Dear HUMAN, when human makes trouble to other human, there is LAW to protect the innocent... (cos humans are intelligent creature, Created by God)
Some people in the authorities are joining the ANIMALs category and they are proving it by their EVIL plans & DECEPTION.

HONeST
 - 
Thursday, 7 Apr 2016

Our system in the hands of DECIEVERS and LIARS... An OPEN LIE to protect the KILLERS

ummar
 - 
Thursday, 7 Apr 2016

AAB KI BAAAR MODHI SARKAAR ,,'

EFFECT OF FEKUUMODHII

Rikaz
 - 
Thursday, 7 Apr 2016

That means no justice for those who killed due to their heinous crime. They should have put to gallows.

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News Network
February 14,2020

Bhuj, Feb 14: In a horrifying incident, as many as 68 undergraduate girls were paraded through their college into the restroom and forced to individually remove their undergarments to prove that they were not menstruating. 

This shameful exercise was conducted at Shri Sahjanand Girls’ Institute (SSGI) in Gujarat’s Bhuj under the supervision of principal and other teachers. 

It all began after the hostel rector complained to the principal that some of the inmates had been violating the Hindu religious norms specifically for menstruating females.

According to the sect’s norms, menstruating females are barred from entering the temple and kitchen. They are even forbidden from touching other students. However, the hostel administration reportedly complained to principal Rita Raninga that some girls who were having their periods not just mingled with other hostel inmates, but also entered the kitchen and ventured near the temple on the premises. 

“It was sheer mental torture and we don’t have words to describe it,” a student who underwent the traumatic experience said, adding that there were total 68 girls who were forced to pass through the test.

“The hostel administration levelled this allegation and insulted us on Wednesday. On Thursday, when we were attending lectures, rector Anjaliben called the principal and complained about this. We were forced to leave our classrooms and queue up outside in the passage. The principal abused and insulted us, asking which of us were having our periods. Two of us who were menstruating stepped aside,” said another victim.

“Despite this, we were all taken to the washroom. There, female teachers asked us to individually remove our undergarments so they could check if we were menstruating,” she added.

Another teenage undergraduate said, “We come from farflung villages. The college campus houses a school that runs classes from Class 1to 12. They provide hostel facilities to the school students. The college does not have its own hostel. We live with the school-kids in their hostel.”

She added, “The principal, hostel rector and the trustees harass us regularly over the issue of menstruation. We are punished for having periods. This happens even if we follow their religious rules. They made us remove our undergarments because they thought some of us were lying about not having periods, and mingling with the others against rules. But the humiliation meted out to us on Thursday was the last straw. When we protested against this, trustee Pravin Pindoria told us that we could take legal action if we wanted but we would have to first leave the hostel. He also forced the students to sign a letter saying nothing happened in college. But enough is enough.”

Kutch University authorities have, meanwhile, swung into action and a five-member team including in-charge vice-chancellor, Darshna Dholakia, and two other senior female professors visited the college on Thursday. “We will speak to the students and the college authority and later initiate appropriate action based on the findings,” Dholakia said.

Run by followers of Swaminarayan Mandir, the college was set up in 2012 but moved into a new building on the premises of Shree Swaminarayan Kanya Mandir in 2014. The college which offers BCom, BA and BSc courses has about 1,500 students of which 68, who come from remote villages, stay in the hostel on campus. The college is known for its pro-Hindutva stance.

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News Network
February 13,2020

Bengaluru, Feb 13: Karnataka Chief Minister BS Yediyurappa on Thursday said the government had initiated measures to implement the Sarojini Mahishi report as the 12-hour Karnataka bandh call by several pro-Kannada organisations under the banner of Karnataka Sanghatanegala Okkoota began on Thursday.

“Government always stood for Kannada and Kannadigas and initiated measures to implement the Sarojini Mahishi report,” Yediyurappa said. Meanwhile, in Bengaluru, Ola, Uber and auto services were affected even though buses were plying as usual. Security has also been beefed up in Bengaluru after stones were pelted at a Tirupati-Mangaluru bus in Farangipet, though no one was injured.

Bangalore University has postponed all postgraduate (PG) exams scheduled for today. A pro-Kannada activist, Praveen Shetty, was kept under house arrest and police have detained a few people, including those involved in Cauvery protests and other bandh cases.

The organisations are demanding the implementation of a report by former union minister Sarojini Mahishi that recommends a certain percentage of jobs to Kannadigas in public sector undertakings, private companies, and multinational companies. The report was submitted in 1984 but is yet to be implemented.

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News Network
July 3,2020

Bengaluru, Jul 3: Karnataka on Friday reported its biggest single day spike of 1,694 new COVID-19 cases, taking the taking the total number of infections in the state to 19,710, the Health department said.
The state also recorded 21 fatalities pushing the number of deaths to 293.

The day also saw 471 patients getting discharged after recovery; even as 201 patients in the state were undergoing treatment in ICU. Of the 1,694 fresh cases reported on Friday, a whopping 994 cases were from Bengaluru Urban alone.

As of July 3 evening, cumulatively 1,9710 COVID-19 positive cases have been confirmed in the state, which includes 293 deaths and 8,805 discharges, the Health department said in its bulletin.

It said, out of 10,608 active cases, 10,407 patients are in isolation at designated hospitals and are stable, while 201 are in ICU.

The 21 dead include five from Bengaluru Urban, three each from Chikkaballapura and Kalaburagi, two each from Vijayapura and Shivamogga and one each from Ballari, Hassan, Davangere, Bidar, Raichur and Bengaluru Rural.

Out of 21, fourteen are men between the age 48-87 years, and seven women between 25-75 years.

Those dead include those with the history of Severe Acute Respiratory Infection (SARI), Influenza-like illness (ILI), inter-state and inter-district travel and cardiac patients.

The contact history of at least four dead people is under tracing.

Out of 1,694 positive cases on Friday, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 994, followed by 97 from Ballari

and Dakshina Kannada, Kalaburagi 72, Tumakuru 57, Bengaluru Rural 44, Dharwad 38, Mysuru 35, Mandya 33, Bidar 28, Chamarajanagara 24, Shivamogga 23, Gadag 19, sixteen each from Udupi and Kodagu, Yadgir 14, thirteen each from Hassan and Belagavi, Kolar 11.

Bengaluru Urban district tops the list of positive cases, with a total of 7,173 infections, followed by Kalaburagi (1,560) and Udupi (1,258). Among discharges, Kalaburagi tops the list with 1,143 followed by Udupi (1,093) and Yadgir (855).

A total of 6,71,934 samples have been tested so far, out of which 18,307 were tested on Friday alone.

So far 6,35,582 samples have been reported as negative, and out of them 16,290 were reported negative on Friday.

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