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
January 1,2020

Kolkata, Jan 1: US-based Bangladeshi author and playwright Sharbari Zohra Ahmed feels that the people of the country of her origin are more alike than different from Indians as they were originally Hindus.

But Bangladeshis now want to forget their Hindu roots, said the author, who was born in Dhaka and moved to the United States when she was just three weeks old.

Ahmed, who is the co-writer of the Season 1 of 'Quantico', a popular American television drama thriller series starring Priyanka Chopra, rues that her identity as a Bengali is getting lost in Bangladesh due to the influence of right-wing religious groups.

"How can Bangladesh deny its Hindu heritage? We were originally Hindus. Islam came later," Ahmed said while speaking to PTI here recently.

"The British exploited us, stole from us and murdered us," she said about undivided India, adding that the colonialists destroyed the thriving Muslin industry in Dhaka.

Ahmed said the question of her belief and identity in Bangladesh, where the state religion is Islam, has prompted her to write her debut novel 'Dust Under Her Feet'.

The British exploitation of India and the country's partition based on religion has also featured in her novel in a big way.

Ahmed calls Winston Churchill, the British prime minister during World War II, a "racist".

"He took the rice from Bengal to feed his soldiers and didn't care when he was told about that.

"During my research, I learnt that two million Bengalis died in the artificial famine that was created by him. When people praise Churchill, it is like praising Hitler to the Jews. He was horrible," she said.

The author said her novel is an effort to tell the readers what actually happened.

"Great Britain owes us three trillion dollars. You have to put in inflation. Yet, they (the British) still have a colonial mentality and white colonisation is on the rise again," Ahmed, who was in the city to promote her novel, said.

The novel is based in Kolkata, then Calcutta, during World War II when American soldiers were coming to the city in large numbers.

The irony was that while these American soldiers were nice to the locals, they used to segregate the so-called "black" soldiers, the novelist said.

"Calcutta was a cosmopolitan and the rest of the world needs to know how the city's people were exploited, its treasures looted, people divided and hatred instilled in them," she said.

"Kolkata was my choice of place for my debut novel since my mother was born here. She witnessed the 'Direct Action Day' when she was a kid and was traumatised. She saw how a Hindu was killed by Muslims near her home in Park Circus area (in the city)," Ahmed said.

Direct Action Day, also known as the Great Calcutta Killings, was a massive communal riot in the city on August 16, 1946 that continued for the next few days.

Thousands of people were killed in the violence that ultimately paved the way for the partition of India.

'Dust Under Her Feet' is set in the Calcutta of the 1940s and Ahmed in her novel examines the inequities wrought by racism and colonialism.

The story is of young and lovely Yasmine Khan, a doyenne of the nightclub scene in Calcutta.

When the US sets up a large army base in the city to fight the Japanese in Burma, Yasmine spots an opportunity.

The nightclub is where Yasmine builds a family of singers, dancers, waifs and strays.

Every night, the smoke-filled club swarms with soldiers eager to watch her girls dance and sing.

Yasmine meets American soldier Lt Edward Lafaver in the club and for all her cynicism, finds herself falling helplessly for a married man who she is sure will never choose her over his wife.

Outside, the city lives in constant fear of Japanese bombardment at night. An attack and a betrayal test Yasmine's strength and sense of control and her relationship with Edward.

Ahmed teaches creative writing in the MFA program in Manhattanville College and is artist-in-residence in Sacred Heart University's graduate film and television programme.

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abdullah
 - 
Wednesday, 1 Jan 2020

Is she trying to take over Shoorpanakhi Taslim Nasreen? 

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News Network
March 2,2020

Mar 2: Two more positive cases of the novel coronavirus -- one in Delhi and another in Telangana -were reported, the Union Health Ministry said on Monday.

The person from Delhi had travelled to Italy, it said adding he is being diagnosed at RML hospital.

The other person with the coronavirus infection has a travel history to Dubai, the ministry added.

"Both the patients are stable and being closely monitored," the ministry said.

Sunitha Krishnan is the name of the patient from Telangana and she is a social activist.

Krishnan has tweeted, "So going to enjoy hospitality at Gandhi Hospital for two days as admitted in the isolation ward suspected coronavirus. They have not started the tests yet( 1.30 hrs since I arrived).I believe the results make take 48hrs. At this pace, I have a feeling I am might be here sometime."

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News Network
March 23,2020

Singapore, Mar 23: Oil prices fell at the open in Asia on Monday after a trillion-dollar Senate proposal to help the coronavirus-hit American economy was defeated and death tolls soared across Europe and the US.

US benchmark West Texas Intermediate initially tumbled more than three percent but then pulled back some ground to trade 1.5 percent lower, at $22 a barrel.

Brent crude, the international benchmark, fell 4.9 percent to $25 a barrel.

Prices have fallen to multi-year lows in recent weeks as lockdowns and travel restrictions to fight the virus hit demand, and top producers Saudi Arabia and Russia engage in a price war.

The latest drop came after a trillion-dollar Senate proposal to rescue the US economy was defeated after receiving zero support from Democrats, and with five Republicans absent from the chamber because of virus-related quarantines.

The bill had proposed funding for American families, thousands of shuttered or suffering businesses and the nation's critically under-equipped hospitals.

Coronavirus deaths soared across Europe and the United States at the weekend despite heightened restrictions.

The death toll from the virus -- which has upended lives and closed businesses and schools across the planet -- surged to more than 14,300 Sunday, according to an AFP tally.

AxiCorp chief markets strategist Stephen Innes said that "total demand devastation" had set it.

"Oil markets collapsed out of the gate this morning as prices react... to stringent containment lockdown measures," he said.

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