Batla House trial throws up questions

May 3, 2012

sept_13.2008_Blast

New Delhi, May 3: The Delhi serial blasts (September 13, 2008) trial has taken a curious turn with discrepancies showing up in the phone records of Atif Ameen, the terror accused gunned down in the shootout at Batla House.

Among other things, records produced in the court of Additional Sessions Judge Narinder Kumar showed the following: call logs of conversations between Ameen and another “terrorist” did not match; secondly, Ameen's application to Vodafone (EX.PW102/N) for a post-paid connection did not carry mandatory documents such as a valid address proof and a no objection certificate (NOC) from the original allottee. Without the address proof, no service provider can allot a mobile phone number while the NOC is a must for all applications seeking transfer of a number from one user to another.

According to the prosecution, Ameen switched from a pre-paid to a post-paid connection and he also wanted the transfer of a number already in use.

This led to some dramatic moments in the court room with defence lawyer M.S. Khan arguing that the Special Cell of the Delhi police had fabricated a post-paid connection in the name of Ameen with the help of a senior official of Vodafone.

Prosecution's case

According to the charge sheet filed in the 2008 Delhi serial blasts case, the team of Special Cell that gunned down Ameen tracked him to his address at L-18 at Batla House in Jamia Nagar through his Vodafone mobile number 9811004309 which was under watch. The prosecution's case is that this number belonged to Ameen and had been used for plotting and organising the Delhi and other connected blasts.

Said the chargesheet: “On 19.09.2008, on the basis of specific input, the team of Special Cell/NDR went to flat No. 108 of L-18 Batla House, Delhi, to trace the user of mobile number 9811004309. There a shootout occurred between inmates and team of Special Cell/NDR.”

Testifying in the court, the Vodafone official (a copy of his statement is in the possession of The Hindu ) said he had earlier worked for the Army Intelligence in Jammu and Kashmir and continued to liaise with the Special Cell of Delhi Police and other security agencies. However, he denied that the call or phone detail of the alleged terrorists was manipulated.

The Vodafone official admitted that there was no address proof, let alone the address proof of L-18 Batla House, attached to Ameen's application form. This led defence lawyer Khan to ask: “How can you track Atif to L-18 at Batla House when there was no address proof attached with the alleged phone application form, let alone the address proof of L-18, Batla House?”

The company official also told the court that the mobile number 9811004309 was not originally allotted to Ameen. Till August 11, 2008, which is just 39 days before the encounter of September 19, 2008, the number was a pre-paid connection in the name of Mirza Shadab. After this date, the number was transferred as a post-paid number to Ameen, a transfer, which, Mr. Khan argued in the court, was done “violating every telecom rule, without obtaining any of the mandatory documents and without the consent of the prior user Mr. Shahdab.” The defence lawyer went on to allege that the transfer was done “after the encounter to prove that the encounter was genuine.”

The Vodafone official told the court that a prepaid number used by one user could not be transferred to another user as a post-paid connection without an NOC from the former. In the event there was no NOC, “the previous allottee and the subsequent allottee had to come together for the allotment of connection.” Neither did Shadab provide an NOC nor did he accompany Ameen for the transfer: “There is nothing on record to suggest that in this case the previous allottee and Atif Ameen had come together at the time of allotment of connection to the latter.”

Mr. Khan argued that though the Vodafone official accepted in court that the process of taking a post-paid connection is “very stringent,” he had failed to explain how the violation of several rules could occur in this case.

The prosecution's case is that on September 6, 2008, Ameen (9811004309) talked to another “terrorist” on9899284784in order to organise the blasts. However, records produced by the service provider showed a mismatch between the entry timings of the conversations (between the two) as registered on the server, which, the defence argued, would be impossible in a normal situation unless records had been tampered with. However, according to legal experts, the case is still at a very early stage and no conclusions can be drawn on the basis of discrepancies brought to the court's attention. Much will depend on what further evidence the prosecution can bring, and whether it holds up to scrutiny.

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Agencies
June 4,2020

New Delhi, Jun 4: Press Council of India (PCI) member BR Gupta has resigned from his post, saying he was unable to work individually or collectively for the media, which is in a "deep crisis".

"I have tendered my resignation as a Press Council of India member," Gupta told PTI.

He said the PCI had the responsibility to encourage media and media professionals constantly.

"But everyone now realises that the media scenario is in a deep crisis. The motto for which the Council was created was not being fulfilled and I felt I was not doing anything remarkable for the freedom of media," Gupta said.

He claimed that the PCI was not a wholly representative body for the media.

"Then how can we come out of the crisis being faced by the media and mediapersons? It is a big challenge for us. I have quit as I have not been able to work individually or collectively being a PCI member," Gupta added.

Referring to salary cuts and job losses, he said media and mediapersons were struggling for social, political and economic justice.

When contacted, PCI chairman Justice C K Prasad said Gupta's resignation has not been accepted yet.

"I have received it (the resignation). I have not gone through it. It has not been accepted," Prasad told PTI.

Gupta was appointed as a PCI member for a three-year term on May 30, 2018.

He said liberty is one of the basic features of the preamble to the Constitution that continues to inspire people and the media.

"It is difficult (for me) to fulfil the unbiased role and responsibility to help citizens and the media for making democracy stronger," Gupta said.

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Agencies
January 24,2020

New Delhi, Jan 24: The government's plan to sell national carrier Air India may face political and legal headwinds with senior BJP leader Subramanian Swamy raising the red flag against the decision.

Days before the launch of bidding process by inviting Expressions of Interest (EoI) from potential suitors, Swamy has warned against such move, saying the issue was currently being discussed by a Parliamentary panel.

"Right now, it (Air India disinvestment) is before the consultative committee and I am a member of that. I have been asked to give a note which will be discussed in the next meeting. They can't go ahead without that," Swamy told media.

"If they do, I will go to court. They know that too," he cautioned.

A vocal opponent of Air India privatisation, Swamy had earlier suggested to list 49 per cent of Air India shares on stock exchanges while government holds 51 per cent in the carrier, as an alternative to selling its entire stake to private companies.

It has been reliably learnt that the Rajya Sabha member had expressed reservations over privatisation of Air India at the meeting of a Parliamentary consultative committee earlier this month.

After its failed first attempt, the Modi government has shown great zeal this time to sell Air India. It is set to offer a sweetened deal to potential buyers this time around by removing a large chunk of the debt and liabilities from the airline’s books.

Aviation Minister Hardeep Singh Puri had earlier said that Air India will be shut down, in case the disinvestment exercise is not successful.

Sources told media that the preliminary information memorandum (PIM) inviting EoI has been tentatively scheduled to be unveiled on January 27.

Air India is proposed to be sold along with its subsidiary Air India Express and ground-handling joint venture company Air India Singapore Airport Terminal Services Ltd (AISATS) in which it has 50 per cent stake.

Air India on January 10 came out with a tender for engaging aircraft asset management companies for carrying out technical audit of its entire fleet.

A Ministerial panel on Air India chaired by Home Minister Amit Shah on January 7 approved the draft EoI and a share purchase agreement (SPA) for the airline's disinvestment.

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Agencies
July 20,2020

Kolkata, Jul 20: As many as 13 migrant workers who came to their native village in West Bengal's Bankura district were denied entry at the quarantine centre by the locals.

As a result, the workers had to set up a tent accommodation at a nearby Beraban forest area and lived together in a single tent there, without adequate food, drinking water and basic facilities.

The migrant labourers came from Rajasthan after four months of COVID-19 lockdown which was imposed nationwide on March 25 to contain the spread of coronavirus.

When they arrived at Jagadalla village in the Bankura district and tried to put up at a village school building for two weeks self-quarantine, angry villagers vehemently protested against their entry fearing Covid infections in their village.

Sources said that local police and panchayat members also failed to make the villagers understand the fact that if the labourers strictly stayed in self-quarantine there would be no chance of any further infection.

"The school is located quite within our neighbourhood. If they stay there and tested positive, they might spread Covid infections in the village. We cannot allow them to stay in the school building," said Aniket Goswami, a villager.

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