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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News Network
May 5,2020

New Delhi, May 5: India registered the biggest jump in numbers of COVID-19 cases and deaths, with 3,900 new cases and 195 deaths being reported in the last 24 hours, according to the Ministry of Health and Family Welfare on Tuesday.

"3,900 COVID-19 cases and 195 deaths have been reported in the last 24 hours, the largest spike till now in both," according to the Ministry of Health and Family Welfare.

The total number of confirmed coronavirus cases in India reached 46,433, including 1,568 deaths, according to the Union Ministry of Health and Family Welfare on Tuesday.

According to the latest update by the MoHFW, 12,727 patients in the country have been cured and discharged, or have migrated, as of today morning. At present, there are 32,138 active cases in the country.

Maharashtra with 14,541 cases is the worst-affected state by the disease, while Gujarat with 5,804 cases is second on the list.

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News Network
January 2,2020

Kolkata, Jan 2: In what could spark fresh tensions between West Bengal Chief Minister Mamata Banerjee and the BJP-led centre, the Union Ministry of Defence on Wednesday rejected her state's tableau proposal for the Republic Day parade on January 26.

"The tableau proposal of West Bengal government was examined by the expert committee in two rounds of meetings. The tableau proposal of the West Bengal government was not taken forward for further consideration by the committee after deliberations in the second meeting," the ministry said in its statement.

Twenty two proposals comprising 16 states and union territories and six ministries and departments have been shortlisted for the parade. The shortlist was compiled from as many as 56 tableau proposals - 32 from states and union territories and 24 from various ministries and departments - received by the central government.

"The expert committee examines the proposals on the basis of theme, concept, design and visual impact before making its recommendations. Due to time constraints arising out of the overall duration of the parade, only a limited number of tableaux can be shortlisted for participation in the parade," the statement read, adding that West Bengal was shortlisted for the 2019 Republic Day parade through a similar process.

"The rejection of the West Bengal tableau for the Republic Day parade is discriminatory. It has been done because West Bengal has been opposing the centre's CAA (Citizenship Amendment Act) and the NRC (National Register of Citizens) plans," Trinamool Congress MP Saugata Roy told news agency.

"West Bengal is known to be living state as far as culture, including arts, music and other things are concerned. So obviously, this is a discriminatory step taken by the central government against West Bengal," Mr Roy added.

The Trinamool Congress-led Bengal government is at loggerheads with the central government over several issues, and the expanding presence of the BJP in the eastern state ahead of the 2021 assembly elections has further intensified their rivalry.

Mamata Banerjee has repeatedly said that she will not allow Bengal to be a part of the proposed nationwide National Register of Citizens, an assertion that the BJP claims is proof of her minority appeasement strategy. Last month, a four-member delegation of Trinamool Congress politicians that visited BJP-ruled Uttar Pradesh to meet families of those killed in violent protests against the Citizenship Amendment Act were stopped by police personnel at the Lucknow airport.

The BJP leadership has now decided to launch a campaign blitzkrieg in West Bengal to counter what it claims is the Trinamool's "misinformation programmes" against the amended citizenship law and reach out to refugees. Protests across the country have currently put the party on the backfoot.

The Citizenship Amendment Act, for the first time, makes religion the test of citizenship in India. The government says it will help minorities from three Muslim-dominated countries get citizenship if they fled to India because of religious persecution before 2015. Critics say it is designed to discriminate against Muslims and violates the secular principals of the Constitution.

Brazilian President Jair Bolsonaro will be the chief guest at the Republic Day celebrations.

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News Network
January 1,2020

Jammu, Jan 1: As many as 160 terrorists were killed in Jammu and Kashmir this year, while 250 terrorists, including 102 of Pakistani origin, were active in the Valley, Director General of Police (DGP) Dilbag Singh said on Tuesday, noting that terror incidents and the number of local youths turning towards terrorism have decreased.

"250 terrorists have been active in Jammu and Kashmir. There is a decrease in number of active terrorists as compared to last year," Mr Singh said at the annual press conference at police headquarters in Jammu.

The DGP said that there is 30 per cent fall in terrorist incidents, less civilian killings and 36 per cent decrease in law and order incidents as compared to 2018.

"218 such (local) youths joined militant outfits in 2018 but only 139 joined in 2019," he said. Out of these new recruits only 89 have survived.

"The rest have been eliminated as their shelf life is between 24 hours to 2-3 months after joining militancy. There are hardly few old terrorists surviving, which include Jehangir Saroori and Riyaz Nayikoo", he said.

There have been only 481 law and order incidents this year as compared to 625 last year, he said.

There were 80 per cent successful anti-terror operations in which 160 terrorists, including foreigners, have been killed during the year.

Mr Singh said 102 terrorists have been arrested and 10 terrorists surrendered during the year.

He said that 102 Pakistan origin terrorists are still operating in Kashmir.

"Eleven valiant police personnel from Jammu and Kashmir besides 72 from other other security forces have been martyred," he said.

There was no collateral damage during anti-terror operation as people fully cooperated. "There was zero law and order problem this year (during anti terror operations)," he added.

The DGP said that "there has been a high degree of incidents of infiltration attempts from across the border this year and also ceasefire violations. But security forces have successfully foiled these attempted as 130 infiltrators have entered in 2019 as compared to 143 last year".

He said Jammu and Kashmir Police has set an example by handling the law and order situation in the most "exemplary" way following the abrogation of Article 370 provisions.

It was the biggest challenge faced by the force in 2019, but "we handled the most critical phase in the best way" and there was no civilian casualty during the period, he said.

Dismissing claims of minors being arrested by police in Kashmir, he said that it is being used as propaganda by some people and asserted that the J-K police has acted within the limits of law.

"We are open to scrutiny. The issue reached the Supreme Court which referred it to Jammu and Kashmir high court. The matter was inquired by the HC committee. The SC said that there is no misuse of law by law enforcement agency. J-K police has acted within the limits of law," he said.

Replying to queries on restoration of internet, the DGP said it is under consideration. "I think J-K is moving towards such a situation (on law and order front). Very soon you will hear positive announcement," Mr Singh said.

He said that though some people will try to misuse internet, "in the past, we took care of them and we will take care of such people in the future too".

Internet services in all government-run hospitals and SMS to all mobile phones will be restored from December 31 midnight in the Kashmir Valley, Jammu and Kashmir official spokesman Rohit Kansal said on Tuesday.

On December 10, some short message service (SMS) were enabled on mobile phones in order to facilitate students, scholarship applicants, traders and others. It has now been decided to fully restore the service throughout Kashmir from midnight of December 31, Kansal said.

Mobile Internet services were restored in Kargil district of Ladakh on Friday after remaining suspended for 145 days in the wake of the Centre abrogating provisions of Article 370 of the Constitution, officials said.

Internet services were suspended on August 4, a day before the Centre announced abrogation of Article 370 and division of the state into the union territories of Jammu and Kashmir, and Ladakh.

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