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.

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.
News Network
January 29,2020

New Delhi, Jan 29: Badminton champion Saina Nehwal joined the ruling BJP today and is likely to campaign for the party ahead of the February 8 Delhi election.

"I have won medals for the country. I am a very hardworking and I love hardworking persons. I can see Prime Minister Narendra Modi does so much for the country, I want to do something for the country with him," the shuttler said, wearing the BJP scarf.

"I draw a lot of inspiration from Narendra sir".

Haryana-born Saina Nehwal, 29, is a major acquisition for the party in the middle of the Delhi poll campaign; she is one of the most popular sportspersons in India with a huge fan following and brand value. She is preparing for the 2020 Tokyo Olympics.

A former world number 1, she has been honoured with the country's top sporting awards like the Rajiv Gandhi Khel Ratna and Arjuna Award. She was also awarded the Padma Bhushan in 2016.

The Badminton player has won over 24 international titles. In the London Olympics, she won a bronze. She was world number two in 2009 and number one in 2015.

With her tweets praising Prime Minister Narendra Modi, Saina Nehwal was widely seen to lean towards the BJP.

One of her tweets became controversial when it was found to be identical to several others in praise of a PM Modi speech last year. Saina was trolled on Twitter with screenshots of the identical tweets. She was also among the sportswomen who put up identical tweets on Diwali thanking PM Modi for his initiative to empower women, with the hashtag #bharatkilaxmi.

The BJP roped in many famous personalities last year, including cricketer Gautam Gambhir, who was elected MP from Delhi in the national election, and wrestler Babita Phogat. Just before the Haryana assembly polls, the party roped in wrestler Sushil Kumar, Babita Phogat and former Hockey team captain Sandeep Singh. Sandeep Singh won the election and was appointed minister.

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.
News Network
February 26,2020

Feb 26: Looking out over the world’s largest cricket stadium, the seats jammed with more than 100,000 people, India’s prime minister heaped praise on his American visitor.

“The leadership of President Trump has served humanity,” Prime Minister Narendra Modi said Monday, highlighting Trump’s fight against terrorism and calling his 36-hour visit to India a watershed in India-U.S. relations.

The crowds cheered. Trump beamed.

“The ties between India and the U.S. are no longer just any other partnership,” Modi said. “It is a far greater and closer relationship.”

India, it seems, loves Donald Trump. It seemed obvious from the thousands who turned out to wave as his motorcade snaked through the city of Ahmedabad, and from the tens of thousands who filled the city’s new stadium. It seemed obvious from the hug that Modi gave Trump after he descended from Air Force One, and from the hundreds of billboards proclaiming Trump’s visit.

But it’s not so simple.

Because while Trump is genuinely popular in India, his clamorous and carefully choreographed welcome was also about Asian geopolitics, China’s growing power and a masterful Indian politician who gave his American visitor exactly what he wanted.

Modi “is doing this not necessarily because he loves Trump,” said Tanvi Madan, the director of the India Project at the Brookings Institution in Washington, D.C. “It’s very much about Trump as the leader of the U.S. and recognizing what it is that Trump himself likes.”

Trump likes crowds — big crowds — and the foot soldiers of India’s political parties have long known how to corral enough people to make any politician look popular. In a city like Ahmedabad, the capital of Modi’s home state of Gujarat and the center of his power base, it wouldn’t take much effort to fill a cavernous sports stadium. It was more surprising that a handful of seats remained empty, and that some in the stands had left even before Trump had finished his speech.

For India, good relations with the U.S. are deeply important: They signal that India is a serious global player, an issue that has long been important to New Delhi, and help cement an alliance that both nations see as a counterweight to China’s rise.

“For both countries, their biggest rival is China,” said John Echeverri-Gent, a professor at the University of Virginia whose research often focuses on India. “China is rapidly expanding its presence in the Indian Ocean, which India has long considered its backyard and its exclusive realm for security concerns.”

“It’s very clearly a major concern for both India and the United States,” he said.

Trump isn’t the first U.S. president that Modi has courted. In 2015, then-President Barack Obama was the first American chief guest at India’s Republic Day parade, a powerful symbolic gesture. Obama also got a Modi hug, and the media in both countries were soon writing about the two leaders’ “bromance.”

Trump is popular in India, even if some of that is simply because he’s the U.S. president. A 2019 Pew Research Center poll showed that 56% of Indians had confidence in Trump’s abilities in world affairs, one of only a handful of countries where he has that level of approval. But Obama was also popular: Before he left office, he had 58% approval in world affairs among Indians.

The Pew poll also indicated that Trump’s support was higher among supporters of Modi’s Hindu nationalist party.

That’s not surprising. Both men have fired up their nationalist bases with anti-Muslim rhetoric and government policies, from Trump’s travel bans to Modi’s crackdown in Kashmir, India’s only Muslim-majority state.

And Trump’s Indian support is far from universal. Protests against his trip roiled cities from New Delhi to Hyderabad to the far northeastern city of Gauhati, although those demonstrations were mostly overshadowed by protests over a new Indian citizenship law that Modi backs.

Modi, who is widely popular in India, has faced weeks of protests over the law, which provides fast track naturalization for some foreign-born religious minorities — but not Muslims. While Trump talked about ties with India on Tuesday, Hindus and Muslims fought in violent clashes that left at least 10 people dead over two days.

In some ways, Modi and Trump are powerful echoes of each other.

They have overlapping political styles. Both are populists who see themselves as brash, rule-breaking outsiders who disdain their countries’ traditional elites. Both are seen by their critics as having authoritarian leanings. Both surround themselves with officials who rarely question their decisions.

But are they friends?

Trump says yes. “Really, we feel very strongly about each other,” he said at a New Delhi press briefing.

But many observers aren’t so sure.

“The question is how much of this is real chemistry, as opposed to what I’d call planned chemistry” orchestrated for diplomatic reasons, said Madan. “It’s so hard to know if you’re not in the room.”

Certainly, Modi understands America’s importance to India. While the two countries continue to bicker about trade issues, the prime minister organized a welcome that impressed even India’s news media, which have watched countless choreographed mass political rallies.

“There is no other country for whose leader India would hold such an event, and for which an Indian prime minister would lavish such rhetoric,” the Hindustan Times said in an editorial.

“The spectacle and the sound were worth a thousand agreements.”

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.
News Network
January 13,2020

New Delhi, Jan 13: Walmart, the world’s largest retailer, has fired around 50 of its India executives as part of its restructuring in the country, three sources with direct knowledge said.

The move underscores the struggles Walmart has faced in expanding its wholesale business in India. The Bentonville, Arkansas based company currently operates 28 wholesale stores where it sells goods to small shopkeepers, and not to retail consumers.

The firings mostly affected executives in the company’s real estate division because the growth in the wholesale model has not been that robust, two of the sources said.

“It’s happening because focus is shifting to e-commerce rather than physical (stores),” said one source, who declined to be identified as the decision is not public.

Walmart did not respond to a request for comment.

Walmart has placed bold bets on India’s e-commerce sector. In 2018, it paid $16 billion to acquire a majority stake in India’s online marketplace Flipkart, in its biggest global acquisition.

The second source added that while Walmart could slow down the pace of opening new wholesale stores, the focus will increasingly be on boosting sales through business-to-business and retail e-commerce.

Some of the executives were sacked last week and more could be let go on Monday, two sources said.

In a statement to India’s Economic Times newspaper, which first reported the news, Walmart said it was always looking for ways to operate more effectively and that “this requires us to review our corporate structure to ensure that we are organized in the right way to best meet the needs of our members.”

Walmart has around 600 staff in its India head office out of a total of around 5,300 nationally, one of the sources said.

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.