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
January 11,2020

Mangaluru, Jan 11: Reacting to the recent video clippings provided to the media by former chief minister HD Kumaraswamy in connection with the December 19 unrest in Mangaluru, city Police Commissioner Dr PS Harsha on Saturday said that the video has to be seen in a proper sequence to come to a conclusion on the happenings of that day.

Releasing videos in bits and pieces on social media or any platform will not help disclose the truth, said Harsha.

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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
April 5,2020

Madikeri, Apr 5: Following the novel Coronavirus and imposition of Lockdown in the country and departure of the migrant labour force to their hometowns, the harvest of Pepper and post-harvest process of Coffee have taken a hit in Kodagu region of Karnataka.

In the Coffee land, most of the workers at these estates are primarily from north Karnataka and neighbouring districts, including Periyapatna and Hunsur taluks in Mysuru District. Local workers are also sourced for the job as the harvest area is large.

The Kodagu district which already faced severe natural calamity during the last two years now added with the COVID-19 outbreak and the subsequent Lockdown, many workers have returned to their home districts, barring a few who have been working in the plantations for many years and reside in the estates themselves.

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