Swami Aseemanand Acquitted! Whither Indian Justice System?

Ram Puniyani
March 29, 2019

Seeing the pattern of justice delivery system of India currently it seems getting justice, punishing the guilty is not easy. The judgments come as an outcome of the evidence produced by the executive, police in front of the magistrates. The attitude of the ruling dispensation matters a lot in matters of the crimes related to the ideology being propounded and defended by the ruling party. Sometimes the assertion and strength of the ideologies, which are dominant but not in power also influence the delivery of justice. Times and over again this cruel fact has been staring at our face. In Mumbai violence of 1992-93 nearly one thousand persons was done to death, not too many convictions took place related to the heinous crimes committed during this carnage. In the aftermath of this carnage the bomb blasts took place, orchestrated by the underworld in collaboration with ISI of Pakistan. In these blasts nearly two hundred people died. In these cases some have been hanged to death for the crime, many have got life imprisonment and many others got other punishments. This is what should happen in a democracy. The most glaring case has been the contrast between Rubina Memon who is in prison for life for being the formal owner of the car which was used In Mumbai blasts, while Sadhvi Pragya Singh Thakur, whose motor cycle was used for Malegaon blast got the bail.

All this comes to one’s mind yet again when the NIA Court has acquitted Swami Aseemanand in case of Samjhauta Express blast in which 68 people (43 of them from Pakistan) died. Incidentally Swami was granted bail in the Mecca Masjid blast case earlier and the factors influencing justice delivery became obvious as the main file, a key document containing the disclosure by Aseemanand, wentmissing from the Court’s custody.

Swami Aseemanand, the associate of RSS, who was working in Dangs with Vanvasi Kalyan Ashram, was key figure in organizing the Shabri Kumbh in Dangs. He also emerged as the key figure in many a blast cases, Malegaon, Mecca Masjid, Ajmer Dargah and Samjhata Express. All these took place in 2006-2008. The whole series came to a stop when Maharashtra ATS Chief Hemant Karkare, while investigating these cases came across the fact that the motor cycle used in Malegaon Blast cases belonged to Sadhvi Pragya Thakur, and ex ABVP worker. The trail of investigation led to the role of many a followers of Hindutva ideology, influenced by or close to RSS related organizations. When these facts started coming out Karakare was criticized and attacked by the Hindu nationalists. Shiv Sena mouth Piece Saamna wrote that we spit on the face of Karkare. While the then Chief Minister of Gujarat Mr. Narendra Modi called him Deshdrohi (Anti national). Though Karkare was investigating with full professional integrity, such criticisms from political circles did shake him and he shared his anxiety with his senior and upright police officer Julio Rebiero. Later as NIA started maligning Karkare, Reibero stood by him and gave him the strongest testimony of professional integrity.

The involvement of elements like Pragya Thakur, Assemanand and company was a big revelation and some from then UPA Government used the word ‘Hindu terrorism’ or ‘saffron terrorism’ for these cases. This was a faulty word anyway. It came up on the lines of the prevalent term Islamic terrorism which has been in vogue since quite some time. Hemant Karkare was killed in 26/11 2008 terror attack in Mumbai. Many of those calling him anti-National now declared him as martyr! Later Rajasthan ATS further carried the investigation and many from RSS related stable were found to be accomplices in the acts of terror. Subhash Gatade’s book Godse’s Children chronicles it well.

The investigation changed the track with the coming of NDA II in power in center in 2014. Rohini Salian the public prosecutor from Mumbai, who was dealing with these cases was told to go soft onthese cases. Now a decade later Hemant Karkare’s investigation has been totally bypassed. Counter allegations against Karkare are floating around. At the same time doubts about the legal system and its role in punishing the guilty is coming to surface yet again.

In case of Swami Aseemanand, after his arrest he had given a confession in front of a magistrate. This confession was not in police custody; this was after two days of judicial custody. In his confession, which is legally valid, he gave the details of his central role and planning the blasts which took place during 2007-2008. He also indicated that even top level RSS leadership was also in the know of the goings on. In a long interviews spanning over two years, given to Caravan Magazine journalist Leena Raghunath (Believer, Caravan) he stated the things similar to what he told the magistrate. Later he withdrew the statement given in front of magistrate saying that the confession was given under pressure.

After this bail it is clear yet again that the justice system is so much dependent on the executive, the way police presents the case to the Magistrate examining the case. In the aftermath of this bail, Vikash Naraan Rai, who was Chief of SIT, investigating into Samjhauta blast, questions the handling of case by NIA. He asks "It is for the NIA to answer that why the witnesses resiled (back-traced) in this case. As they have turned hostile in the court even after giving statements under 164 of CrPC, the investigating agency should press perjury charges on them. The general perception is that NIA had gone soft in this case. One can further comment once the complete judgment comes,"

With this bail the question comes up who is responsible for the death of those 68 people, as usual it seems nobody did the blast leading to Samjhauta express tragedy! What we are witnessing is a sustained effort to undermine the process of justice in pursuit of sectarian nationalism.

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News Network
June 30,2020

New Delhi, Jun 30: With a spike of 18,522 COVID-19 cases in the last 24 hours, India's coronavirus count now stand at 5,66,840, said the Union Health and Family Welfare Ministry on Tuesday.

According to the Ministry, 418 deaths due to COVID-19 were reported in the last 24 hours. The number of deaths in the country now stands at 16,893.

There are 2,15,125 active coronavirus cases in the country while the number of cured/discharged patients stands at 3,34,821 and one patient migrated.

As per the Ministry, Maharashtra is the worst-hit state with regard to the COVID-19 cases and has reported 1,69,883 cases, including 73, 313 active cases 88,960 cured/discharged patients and 7,610 fatalities.

Tamil Nadu has a total of 86,224 cases including 1,141 deaths. Delhi's COVID-19 count stands at 85,161 cases and 2,680 fatalities.

The total number of samples tested up to 29 June is 86,08,654 of which 2,10,292 samples were tested yesterday, informed the Indian Council of Medical Research.

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News Network
January 1,2020

New Delhi, Jan 1: In the backdrop of huge losses borne by airlines, Aviation Minister Hardeep Singh Puri has said the government is concerned that more airlines will shut down if predatory pricing continues. "Some predatory pricing is taking place" in airfares, the minister told reporters on Tuesday. Mr Puri however ruled out any plan by the government to regulate airfares. The remarks come amid high competition in the country's aviation sector, struggling against high fuel prices and other operating costs.

"The interesting thing that we have observed is that on Delhi-Mumbai route 20 years ago, the average fare was Rs 5,100. Today, the average fare is Rs 4,600. Some predatory pricing is taking place. It means people are selling tickets below their cost," he said.

"One of our concerns is that if there is predatory pricing, then the airlines will stop functioning. This is not Air India's problem only. Jet Airways got shut down. Before that, it was Kingfisher airline," he said.

IndiGo and SpiceJet - two of the country's biggest airlines - reported losses of Rs 1,062 crore and Rs 463 crore respectively in the second quarter of 2019-20. Other airlines have also reported losses in the quarter that ended on September 30, 2019.

Asked if predatory pricing is the reason for the ill health of the airlines, the minister said, "No, there are many reasons... Predatory pricing is one of the factors. But the profitability of an airline is dependent on (a) number of things."

Asked if the trend of predatory pricing has come down after regular discussion with the airlines, he said, "Yes, absolutely."

"It is (a) constant battle. An ideal situation from an airline's point of view is that they grow and they are also able to charge more fares. What fares they charge is their business. Our advice to them is to charge realistic fares," he added. "It should not be too high. And it is not in your business interests if you are imposing predatory fares."

The minister also said that the government is not planning to regulate fares. "No regulation. It has to be done within deregulation system.... If I put a cap on fare, the airline will start charging that cap only... that cap will become the normal fare... So, within a deregulated structure, we have to bring about an equilibrium," the minister said.

"Government, periodically, at my level or at secretary''s level, we sit down with the main aircraft operators and tell them it is in your interest not to allow such practices which undermine the civil aviation sector."

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News Network
February 1,2020

Washington, Feb 1: The Indian economy experienced some abrupt slowdown in 2019 due to turbulence in non-banking financial institutions and major reform measures such as GST and demonetisation, but it is not in a recession, IMF Managing Director Kristalina Georgieva has said.

"The Indian economy indeed has experienced an abrupt slowdown in 2019. We had to revise our growth projections, downwards to four percent for last year. We are expecting 5.8 per cent (growth rate) in 2020 and then an upward trajectory to 6.5 percent in 2021," Georgieva told a group of foreign journalists here on Friday.

"It appears that the main reason for this slowdown was the non-banking financial institutions experiencing a turbulence," she said on the eve of Union Finance Minister Nirmala Sitharaman presenting the annual budget in Parliament on Saturday.

She said India had undertaken some important reforms that over the longer term would be beneficial for the country, but they do have some short-term impact.

"For example, coming with the unified tax system, and the demonetisation that took place. These are steps that over time are beneficial, but of course they might, might be somewhat disruptive over short term," Georgieva said in response to a question.

The International Monetary Fund (IMF) Managing Director said that there is not a lot of fiscal space in India. “But we also recognise that the policies of the government on that side, on the fiscal side have been prudent. We will see how the reading of the budget, the submission of the budget goes, tomorrow,” she said.

In the medium-term, she said, the IMF remains optimistic about India. “This is why we see that upswing potential for the growth in the country,” she said.

Georgieva said that the current economic slowdown cannot be described as a recession. "No.... You're far from that. But it is a significant slowdown, not the recession," she said.

The IMF managing Director noted that the consumption in India also slowed down and that contributed to the overall slowdown in the economy. The IMF would be keen to see what India does to get relatively sound macroeconomic fundamentals to pay off in terms of better growth trajectory, she said ahead of the budget.

One thing that is important for India is that budgetary revenue have been below target. "The country knows that. The finance minister knows it. They need to increase budgetary revenue collection so they can improve their fiscal position. I said it's tight on the spending side, but I also want to stress that there is room to improve collection on the revenue side," she said.

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