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
February 11,2020

New Delhi, Feb 11 Congress's performance touched a record low in the Delhi Assembly election as the party bagged less than 5 per cent of the total votes polled and 63 of its candidates lost their deposits.

The party, which ruled Delhi for 15 years on the trot under former Chief Minister Sheila Dikshit, failed to open its account for the second consecutive assembly election in Delhi.

Only three of its candidates Arvinder Singh Lovely from Gandhi Nagar, Devender Yadav from Badli and Abhishek Dutt from Kasturba Nagar managed to save their deposits.

Security deposit of a candidate is forfeited if he/she fails to secure one-sixth of the total valid votes cast in a constituency.

Most of Congress candidates got less than 5 per cent of the total votes polled in their respective constituencies.

Delhi Congress chief Shubhash Chopra's daughter Shivani Chopra, who was the party candidate from Kalkaji, also could not save her deposit.

Former Delhi Assembly Speaker Yoganand Shastri's daughter Priyanka Singh also forfeited her deposit.

The party's campaign committee chairman Kirti Azad's wife, Poonam Azad, lost badly and stood fourth, polling only 2,604 (2.23) votes.

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News Network
February 26,2020

Feb 26: In his first reaction to incidents of violence in Delhi which have left at least 20 people dead, Prime Minister Narendra Modi on Wednesday appealed for peace and brotherhood, and said he has held an extensive review of the prevailing situation in various parts of the national capital.

He also said it was important that calm and normalcy was restored at the earliest.

“Had an extensive review on the situation prevailing in various parts of Delhi. Police and other agencies are working on the ground to ensure peace and normalcy,” Modi tweeted.

Stressing that peace and harmony are “central to our ethos”, Modi said, “I appeal to my sisters and brothers of Delhi to maintain peace and brotherhood at all times.”

At least 20 people have been killed since Sunday in communal violence in Northeast Delhi, triggered after clashes between pro and anti-CAA protestors over the Citizenship (Amendment) Act.

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Agencies
June 14,2020

Kashmir, Jun 14: An Army personnel was killed and two others were injured as Pakistani troops opened fire and shelled areas along the Line of Control in Poonch district of Jammu and Kashmir, officials said on Sunday.

This is the third fatality in the Pakistani firing and shelling on forward posts and villages in the twin districts of Poonch and Rajouri this month.

The officials said the latest firing and shelling from across the border took place in Shahpur-Kerni sector on Saturday night, drawing strong retaliation by the Indian Army.

Three Indian Army personnel were injured in the Pakistani firing and were immediately evacuated to hospital, where one of them succumbed to injuries, the officials said.

They said the casualties suffered by the Pakistani Army in the retaliatory action were not known immediately.

On June 4, havaldar P Mathiazhagan fell to Pakistani firing in Sunderbani sector of Rajouri district, while on June 10, Naik Gurcharan Singh lost his life in a similar incident in Rajouri sector.

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