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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coastaldigest.com news network
February 3,2020

Mangaluru, Feb 3: After neighbouring reported the second confirmed case of dreaded Coronavirus, the government of Karnataka today ordered high alert across border districts including Dakshina Kannada.

Apart from Dakshina Kannada, district administrations in Kodagu, Chamarajanagar and Mysuru that share boundary with Kerala have been put on high alert over the movement of people with suspected cases.

In a statement released on Monday, the Health and Family welfare department said that these districts have been directed to immediately report to the State Surveillance Unit (SSU) if they come across any suspected cases of people infected with Coronavirus.

Currently, about 51 people who returned from Coronavirus-affected regions have been identified and 46 are under home isolation across Karnataka.

So far, 44 samples have been sent to the National Institute of Virology, Pune for analysis and out of which 29 samples have revealed negative results. Yet, the state government has put in all possible measures to check the spread of the virus in any part of the state.

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News Network
February 4,2020

Bengaluru, Feb 4: A 33-year old woman techie allegedly stabbed her mother to death and made a murderous assault on her younger brother before fleeing their home here, police said on Tuesday.

According to police, the woman fatally stabbed her mother using a knife and attacked the brother early on Monday.

The injured brother has been hospitalised here.

A search was on for the techie and the motive for her action under investigation, police said.

The woman, employed as a software engineer with a company here, earlier had told her mother and 30-year old brother that she has been transferred to Hyderabad and she may have to relocate.

The brother told police that in the early morning on Monday he saw his sister searching something desperately and offered to assist, which she refused.

However, minutes later she made a murderous assault on him, he told police, adding when he screamed for help and called his mother, his sister said she has killed their mother.

She stabbed him and attacked with an iron rod before fleeing, her brother told police.

The body of the mother was found in another room in the house.

"We are still investigating the matter. We are not clear about the motive behind the murder," a police officer told media adding the woman was yet to be arrested.

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Media Release
February 14,2020

Veteran journalist P. Sainath has said that the nation is in a crisis. And this crisis is not limited to just the rural area. It has become a national crisis at various areas such as agriculture, education, economy, job creation etc.

He was delivering the endowment lecture on the topic ‘Indian democracy at the post-liberalization and post-truth era’ at Media Manthan 2020 organized by the PG department of journalism and mass communication at St Aloysius College (Autonomous). 

Mr Sainath said that the many policies adopted in the 90s led to India becoming unusually unequal. Referring to the speech Ambedkar had made at the Constituent Assembly while handing over the draft of the Constitution, Mr Sainath said, “Ambedkar had warned about the weakness of Indian democracy that liberty without equality allows the supremacy of a few over the multitude. Liberty, equality and fraternity must be kept together as we cannot have one without the other.” 

Mr Sainath stated that the agrarian crisis was no longer about the loss of productivity, employment or about farmer suicide; it was a societal, civilizational crisis. Commenting on the lopsided policies such as cow-slaughter ban, he explained how cow slaughter ban had adversely affected many industries due to their interdependency. While Muslims who slaughtered cows were rendered helpless, the cattle traders who were mostly OBCs lost their earnings as the cattle prices crashed. An important industry like Kolhapur sandals industry in Maharashtra went bankrupt as a result of the cow slaughter ban in Maharashtra. He said the policymakers had no idea how the rural industries were interconnected. Demonetisation too devastated the rural economy as 98 percent of rural transactions happen through cash. 

Mr Sainath also spoke about the crisis of inequality which affects the Dalits and the Adivasis far more than anyone else as 90 percent of the rural households take home less than Rs 10,000/- per month. “Women are yet another group whose labour is never counted in the gross domestic product. Women and girls globally do unpaid work which amounts to about 12.5 billion working hours per year. Monetarily speaking, this is worth 10.8 trillion dollars,” Mr Sainath added. 

Speaking about the crisis of jobs Mr Sainath said that major companies were laying off employees just to create more profits for the investors and the adoption of artificial intelligence in the industry would further destroy millions of jobs.

Rector of St Aloysius College Institutions Fr Dionysius Vaz SJ, Principal Dr (Fr) Praveen Martis SJ, HOD of Journalism and Mass Communication department Dr (Fr) Melwyn Pinto SJ were present.

‘Veerappan and Vijay Mallya’s business models are interesting!’

Addressing the gathering during his endowment lecture on Friday, Mr Sainath made an interesting comment on the so called ‘revenue model’. “Whenever I visit IIMs and IITs for lectures on my PARI project, the students there ask me what my revenue model for my project is. I tell them that I do not have a revenue model. In fact, journalism does not begin with a revenue model. Gandhiji, Ambedkar, Bhagat Singh were all great journalists. But they did not have a revenue model,” Mr Sainath said.

On a lighter note, he said that the best revenue model that he liked was that of forest brigand Veerappan and liquor baron Vijay Mallya. “Veerappan ruled the forest for forty years and from the top ministers to the villagers he could dictate terms and liver royally. Similarly, Mallya’s revenue model was to steal the banks and run away abroad and live like a king,” Mr Sainath added.

Journalism is not and can never be a business. It is a calling, he opined. While newspaper can be a business, television can be a business, journalism per se cannot be reduced to a business. “Unfortunately today, journalists are recruited on a contract basis and they have no bargaining power; and there are no unions to fight for their cause. Hence, they are at the mercy of the corporate media houses for their survival and are made to write stories that cannot be called journalism,” Mr Sainath said.

Answering a question as to the pressures he faced as a journalist, he said that external pressures from the government or others could be very well handled. It is the internal pressures from once own media house that journalists find it difficult to manage.

 

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