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 web desk
July 4,2020

Bengaluru, Jul 4: In a heart-wrenching incident, a 65-year-old coronavirus patient at Hanumath Nagar in South Bengaluru died outside his house waiting for an ambulance on Friday evening. The body was kept on the road for more three hours.

The deceased tested positive for coronavirus on Friday and immediately called an ambulance to reach a hospital. However, according to his family members, as he waited for the ambulance for nearly three hours, he collapsed on the road in front of his house complaining of breathlessness and died.

As the body lay unattended on the road, it began to rain heavily. Soon, videos of the body lying on the road in the heavy rain went viral on social media. 

A senior doctor in charge of the division, however, claimed that the ambulance had arrived in less than half an hour but the patient had died before they reached the spot. 

"The patient had given samples on Thursday at KIMS and tested positive on Friday. BBMP officials informed them that they would reach his house. But the man, fearing that he may be stigmatised in the locality, began walking to the corner of the road and collapsed on the street and died," the officer said. 

Another health official from Basavanagudi limits said: "As the ambulance staff do not transport the dead, they informed the hearse van, which was set to arrive in 30 minutes. But due to the sudden rain and heavy traffic ahead of the curfew hours, they were stranded for almost three hours later." The officials also said the deceased had been suffering from cardiac ailments for almost 10 years. 

Regretting the incident, BBMP officials said they were helpless as was an acute shortage of hearse vans. "We were told that there were 20 deaths today and there are only eight hearse vans available. They had to shift this patient after attending to another mortality and were stuck in traffic. By then, due to the fear of infection, nobody attended to the deceased," the officer explained. 

BBMP commissioner B H Anil Kumar said that such incidents should not recur and ordered an investigation and sought a report. "We will ensure that such incidents do not recur," Kumar said.  

Following outrage on social media, a hearse van was summoned and the body was shifted to the Victoria Hospital mortuary as per the protocol. Police have opened a case of unnatural death.

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News Network
June 20,2020

Bengaluru,  Jun 19: Following the coronavirus outbreak, Bengaluru's Kempegowda International Airport has introduced ultraviolet treatment while scanning outbound baggage apart from other measures to enhance passenger and staff safety.

"Two custom-designed UV tunnels have been created to disinfect trolleys after every use. Two custom-designed UV tunnels have been created to disinfect trolleys after every use. These Tunnels are located at a cordoned-off area of the Terminal," according to a statement by the Bangalore International Airport Limited (BIAL).

The airport plans to use an ultra-low volume (ULV) spray treatment for check-in bags: all outbound passenger baggage is sanitised before dispatch to the aircraft

Authorities also plan to minimise use of additional trays for footwear by introducing specially designed trays; the trays that are in use are UV treated and sanitised manually after every use.

Officials are currently in the process of implementing silver nano-coating for frequently used touchpoints for self disinfection like check-in counters, Immigration counters, ATRS trays, etc. Currently, sanitisation of high-traffic areas and frequently touched surfaces continues to be done every thirty minutes manually without disrupting the flow of passengers.

All high-traffic areas are sanitised once every three hours by using ULV machines - eight times in 24 hours.

Washrooms across the Airport premises are sanitised on a regular basis with dedicated manpower, irrespective of the frequency of use. 456 units of tabletop hand sanitiser and 107 units of sensor-based hand sanitisers have been placed across the Terminal.

120 biowaste bins located across the Airport campus enable passengers and staff to dispose of their masks, gloves and other PPE conveniently and safely. This bio-waste is managed by a dedicated team and handed over to a Pollution Control Board-approved vendor and taken away for incineration.

The Airport said that the passenger feedback for the contactless process has been positive. "The objective of the process is to minimise physical contact and enhance passenger throughput," it said.

These sanitisation measures come in light of the highly infectious COVID-19 pandemic which spreads through person-to-person contact. Small droplets from the nose or mouth can spread the virus when they land on objects and surfaces around the person.

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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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