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.

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 18,2020

Bengaluru, May 18: Over two months after his appointment as the Karnataka Congress President, DK Shivakumar is likely to take-over the reigns of the party officially on May 31.

"There are two dates, May 31 and June 7. He is most likely to officially take over as KPCC President on the 31st," sources close to Mr Shivakumar told PTI.

After remaining in a virtual vacuum for nearly three months, the party high command on March 11 appointed Mr Shivakumar, known to be the Congress' chief troubleshooter in crisis situations, replacing Dinesh Gundu Rao as KPCC chief.

Mr Rao had quit the post in December 2019 after the party's dismal show in the bypolls when it won only two of the 15 seats and yielded 12.

Congress sources said once the appointment letter came from the high command, he has been KPCC president and officially taking charge was just a formality.

"He will be officially handed over the party insignias and responsibilities relating to bank accounts and cheques, among other things, that has been traditionally followed," they said, adding the official take over was delayed by the coronavirus.

After his appointment as KPCC president, Mr Shivakumar has been meeting a host of senior party leaders and leading the party in the fight against coronavirus.

These include setting up of Congress' COVID-19 task force, alerting the government in its management of the crisis, holding weekly video conferencing with leaders of party's local units to gather information, among other things.

Sources close to Mr Shivakumar said the official take over would be a simple event, looking at the current situation due to the pandemic.

"Very few select party leaders and office bearers, say about 50 odd people, are likely to be in attendance at the simple event at KPCC office," they said, adding that arrangements may be made to telecast the event live for the benefit for party workers and local leaders.

A six-time MLA, Mr Shivakumar had a long wait for his appointment to the coveted post, due to opposition within. There were reports that Congress Legislature Party leader Siddarmaiah had lobbied in favour of one of his confidants for the top job.

In a first, appointment of three KPCC Working Presidents- Satish Jharkiholi, Saleem Ahammed and Eashwar Khandre, was seen as an attempt by those apposing Mr Shivakumar, to weaken his hold on the party.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
May 10,2020

In a shocking incident, a pharmacist-cum-production manager of an Ayurvedic product company in Chennai’s T.Nagar died after drinking a chemical preparation he reportedly formulated for tackling the Coronavirus.

The managing director of the company, who is an ophthamologist by qualification, was hospitalised after he fainted soon after he ingested the chemical component.

The deceased, K.Sivanesan, 47, of Perungudi, was with Chennai-based Sujatha Biotech, an Ayurvedic and herbal products company which was founded 30 years ago. It has a plant in Kashipur, Uttarakhand, where Sivanesan was working. Sivanesan had devised formulas of various products and used to visit his managing director Dr. Rajkumar frequently in the city.

Due to the lockdown, Sivanesan came to Chennai and stayed with his family in Perungudi. On Thursday morning, he procured the chemical component from a market in Parry’s Corner.

First he gave a small amount powder he derived from the chemical to 67 years-old Rajkumar who fainted after tasting it.

Even as he was being resuscitated, Sivanesan went into the kitchen of the house and gulped it in liquid form after adding water to it. He could not be revived.

Deputy Commissioner of Police, T.Nagar, Ashok Kumar, said, “Our investigation revealed that Sivanesan died after drinking the preparation he claimed would help COVID-19 patients. His managing director fainted after tasting it initially. Further investigation is on.”

Sivanesan was rushed to a private hospital in T.Nagar and declared dead by the doctors there. Later his body was shifted to Government Royapettah Hospital for post-mortem. Teynampet police registered a case under section 174 of Criminal Procedure Code for unnatural death.

N.S.Vasan, designer-cum-media manager of the company said, “Due to the lockdown, Sivanesan stayed in the city and one day told us he heard of some medicine from U.S. President Donald Trump’s recent speech for curing Coronavirus. He said it would bring more immunity and help to prevent COVID-19. Deciding to test the effect of the medicine, he went to Parry’s Corner and bought the powder.” He added that Sivanesan must have taken a heavy dosage of the ‘drug’ and he was killed instantly.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
coastaldigest.com news network
June 12,2020

Mangaluru, Jun 12: A huge crowd gathered for the grand opening of the newly built 175-metre-long two-lane bridge across Phalguni River on National Highway 169 near Gurupura on the outskirts of the city today.

Even as the photos of the bridge inauguration ceremony went viral on social media, netizens took the elected representatives and the district administration to task for flouting safety norms at a time when the coronavirus cases are continuing to mount in coastal Karnataka.

The bridge was completed in a record time of 15 months. Dakshina Kannada MP and State BJP President Nalin Kumar Kateel and district in-charge Minister Kota Srinivas Poojari inaugurated the bridge in the presence of Mangaluru City North MLA Y. Bharath Shetty and others.

The bridge has come as a breather to thousands of travellers between Mangaluru-Moodbidri-Karkala on the busy NH. The age-old steel bridge had become dilapidated and was a cause for concern for road users. The highway is also under the process of getting widened to four lanes.

The bridge was constructed at an estimated cost of Rs 30 crore by contractor Sudhakar Shetty of Mugrodi Construction. Work started in February last and the contractor had time till February next.

While the two-lane carriageway is 16 metres wide, the bridge has 2.5-metre-wide pedestrian paths on both the sides. New approach roads of 500 metres each were also part of the project.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.