Charged with terror, damned by aliases

February 9, 2012

The incredible story of boy ‘terrorist' Mohammad Aamir whose youth was destroyed because of his wrongful arrest and 14-year long incarceration

Mohammad Aamir had just turned 18, when one February day in 1998, he was ambushed by a police van. A month later, he found himself thrown against the cold, forbidding walls of a prison cell in the capital's Tihar jail. The charges were murder, terrorism and waging war against the nation.

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Mohammed Aamir and his mother at their home in New Delhi

Aamir, released in January this year after 14 years, was named the main accused in 20 low-intensity bomb blasts executed over 10 months — between December 1996 and October 1997 — in Delhi, Rohtak, Sonepat and Ghaziabad. The blasts led to five deaths in all. Five explosions were on moving buses, 10 occurred in the month of October 1997, five of these during a single evening in places as wide apart as Sadar Bazar in Delhi and Ghaziabad, many miles away. The Ghaziabad blasts were reported from three different coaches of the Frontier Mail.

Aamir and his co-accused Shakeel were charged with physically planting the bombs. Curiously, Shakeel, Aamir's main prop, was discharged before the start of hearing in 10 of the cases. More curiously, in 2009, he was found hanging from the ceiling of his barrack in Dasna Jail. In a further twist, then Jail Superintendent V.K. Singh was charged with Shakeel's murder.

Aamir's is an extraordinary story. His counsel and well-known criminal lawyer N.D. Pancholi says he has not seen a case like this in his career of 35 years: “It is incredible that a young boy of 18 has been named the mastermind and executor in 20 bomb blast cases on the thinnest of evidence. The case reinforces the demand for urgent police reforms.”

Isolation and release

As the charges piled up, Aamir , who was always Aamir to family and friends, acquired a bewildering array of aliases, becoming known in police and court records as Accused no 1, Md. Aamir Khan@ Kamran @Imran@ AbuAkasa @ Arif @Umer. Over the following 14 years, the darkness and isolation of Aamir's solitary high-security cell became his world even as the world outside changed unrecognisably: the capital grew flyovers and got shiny new malls and the metro. His father, in financial ruin and broken from failing to free his only son, died without Aamir knowing about it. His mother, struck down by a brain haemorrhage, lost her voice and became paralytic.

When Aamir, now 32, finally walked free, he had been acquitted in 18 of the 20 terror cases — an astonishing acknowledgement of the lack of evidence against him. Indeed without a single witness in any of the cases connecting him to the blasts, the trial court — which acquitted him in 17 cases — came up with the same line on each judgment day: “there is absolutely no incriminating evidence against the accused.” The Delhi High Court which overturned one of the three cases that went into appeal said: “the prosecution has miserably failed to adduce any evidence to connect the accused appellant with the charges framed, much less prove them.”

The trend points strongly to acquittal in the two remaining cases. In any event, there is the tragic irony of Aamir having already served more than the maximum prison term of 10 years for offences made out in each case. The first thing he did upon being released was to look up at the night sky which he had last seen as a teenager. A month after his return, his story, broken by Mohammad Ali in twocircles.net , appeared in the Urdu press. And Aamir got his revenge: he dropped copies of the papers in the homes of relatives and friends who had imposed a social boycott on the family.

For all his joy in the small things of life, including his reunion with a mother who, not being able to speak, expresses emotions through her eyes, Aamir cannot forget the nightmare of his past which began on February 20, 1998 with him being picked up and driven blindfolded to a distant getaway. A week of intense “questioning” followed by “confessions” and countless signed documents later, he was formally arrested and taken into police remand. The chargesheet filed in April 1998, said Aamir had been trained in Pakistan by the dreaded Abdul Karim ‘Tunda' gang. Further that Aamir and co-accused Shakeel collaborated to make bombs out of a factory rented by Shakil in Pilakhua in Ghaziabad. These were the bombs used in every one of the 1996-1997 blasts.

Aamir's third-floor home, described in the chargesheet as a hideout frequented by Pakistani and Bangladeshi terrorists, is a tiny 10 ft by 4 ft room in a bustling, crowded neighbourhood in Azad Market in Old Delhi.

The police story is that the hideout was visited on February 27, 1998, by two Bangladeshi terrorists. But instead of meeting Aamir there, they chose to wait six hours for him at a railway track off Sadar Bazar. The police party nabbed the two men and, through them, caught up with Aamir and Shakeel.

The seizure memo, questions

According to the seizure memo, a search of Aamir revealed a Webley & Scott revolver with several live cartridges, currency notes (in American dollars), five diaries containing details of explosive materials sourced from various suppliers, and a passport stamped with a single visa entry: to Pakistan. Shakeel carried a bag which had iron pieces, chemicals and other explosive materials.

Other wonders emerged from Aamir's briefcase: his ration card, birth certificate, school character certificate, school identity card besides fifth and seventh standard marksheets. In their “disclosure” statements, Aamir and Shakeel said that they led the police party to Shakeel's bomb-making factory in Pilakhua, from where chemicals and explosives used in the blasts were recovered.

The police produced no witness to the arrests. And the public witnesses allegedly present during the Pilakhua raid flatly refused to support the prosecution during the trial. Chandra Bhan, the prosecution's star witness, on whose evidence the entire terror case rested, maintained through rigorous cross-questioning that he had never seen Aamir and he was taken to the Chanakyapuri Police Station and made to sign on blank papers. Out of hundreds of witnesses produced by the prosecution in all the cases, only four claimed to have ever seen Aamir and not one of them said he had planted the explosives.

Several questions arise: How could an 18-year-old plant bombs by himself — on moving buses and trains, many of the blasts occurring just minutes apart? On the evening of October 1, 1997, Aamir is alleged to have planted two bombs in adjoining areas in Sadar Bazar and then travelled to Ghaziabad to place bombs in three compartments of the Frontier Mail. Would a boy terrorist trained by ‘Tunda' waste his time on low-intensity blasts? And for what earthly reason would he carry his fifth standard marksheet with him?

Of course, it is equally valid to ask why Aamir was singled out by the police. His story, borne out by his single visa stamp, is that he wanted to visit his sister who is married into a family in Pakistan. When he went to the Pakistan High Commission for his visa, he was approached by two men from the Indian intelligence — a fact he claims he learnt later — who asked him to get some documents from Pakistan in return for a small money reward. Tempted, he agreed but only to renege on the deal. Aamir left for Pakistan on December 12, 1997 and returned on February 13, 1998. A fortnight later he was arrested. Interestingly, Aamir was charged with executing the bomb blasts subsequent to his training in Pakistan. The last of the bomb blasts was in October 1997 — two months before he went on his first and last trip to Pakistan.

Aamir has his own questions: “Madamji,” he asks me, “if at 18, I became a dreaded mastermind with so many aliases, surely I would have been but a child when I started out?” And also, “I spent 14 years in jail for allegedly causing five deaths. What about the policemen who shot dead so many Muslims in cold blood in Hashimpura? What about Gujarat 2002?”

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News Network
May 4,2024

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Canadian Police said they have arrested three Indians they suspect were part of the alleged hit squad that had killed Hardeep Singh Nijjar, a Sikh separatist leader involved with the Khalistan movement, which calls for an independent Sikh state.

Nijjar's killing had become the epicentre of a diplomatic row between India and Canada last year after Prime Minister Justin Trudeau alleged the role of "Indian agents" in the murder. India had rejected the charge as "absurd" and "motivated".

The three arrested Indians - Karan Brar, 22, Kamalpreet Singh, 22, Karanpreet Singh, 28 - were living as non-permanent residents in Alberta for three to five years, said Superintendent Mandeep Mooker, who leads the Integrated Homicide Investigation Team. The police have also released their photos.

They have been charged with first-degree murder and conspiracy to commit murder, showed court documents.

Police said that none of the suspects were known to them earlier and they were investigating their possible ties to the Indian government.

The murder remains "very much under active investigation," Royal Canadian Mounted Police (RCMP) Assistant Commissioner David Teboul told a press conference on Friday.

"There are separate and distinct investigations ongoing into these matters, certainly not limited to the involvement of the people arrested today, and these efforts include investigating connections to the government of India," CTV News quoted him as saying.

Nijjar, a Canadian citizen who was wanted in India on various terror charges, was shot dead outside a gurdwara in Surrey on June 18, 2023. Trudeau's charge against India sparked a massive row later that year with both countries expelling diplomats of the other country.

A fresh row erupted earlier this week after separatist slogans on 'Khalistan' were raised at an event addressed by Trudeau, prompting New Delhi to summon their Deputy High Commissioner and lodge a strong protest.

On the sidelines of the event, Trudeau told reporters that Nijjar's killing had created a "problem" that he could not have ignored.

India rejected his comment and said it once again showed Canada provides political space given to separatism, extremism, and violence. "This not only impacts India-Canada relations but also encourages a climate of violence and criminality in Canada to the detriment of its own citizens," foreign ministry spokesperson Randhir Jaiswal said.

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News Network
May 17,2024

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In scorching heat on a busy Kolkata street last month, commuters sought refuge inside a glass-walled bus shelter where two air conditioners churned around stifling air. Those inside were visibly sweating, dabbing at their foreheads in sauna-like temperatures that were scarcely cooler than out in the open.

Local authorities initially had plans to install as many as 300 of the cooled cabins under efforts to improve protections from a heat season that typically runs from April until the monsoon hits the subcontinent in June. There are currently only a handful in operation, and some have been stripped of their AC units, leaving any users sweltering.

“It doesn’t work,” Firhad Hakim, mayor of the city of 1.5 crore, said on a searing afternoon when temperatures topped 40C. “You feel suffocated.”

Attempts in Kolkata and across India to improve resilience to extreme heat have often been equally ill-conceived, despite a death toll estimated at more than 24,000 since 1992. Inconsistent or incomplete planning, a lack of funding, and the failure to make timely preparations to shield a population of 140 crore are leaving communities vulnerable as periods of extreme temperatures become more frequent, longer in duration and affect a wider sweep of the country.

Kolkata, with its hot, humid climate and proximity to the Bay of Bengal, is particularly vulnerable to temperature and rainfall extremes, and ranked by the Intergovernmental Panel on Climate Change as among the global locations that are most at risk.

An increase in average global temperatures of 2C could mean the city would experience the equivalent of its record 2015 heat waves every year, according to the IPCC. High humidity can compound the impacts, as it limits the human body’s ability to regulate its temperature.

Even so, the city — one of India's largest urban centres — still lacks a formal strategy to handle heat waves.

Several regions across India will see as many as 11 heat wave days this month compared to 3 in a typical year, while maximum temperatures in recent weeks have already touched 47.2C in the nation’s east, according to the Indian Meteorological Department. Those extremes come amid the Lok Sabha election during which high temperatures are being cited as among the factors for lower voter turnout.

At SSKM Hospital, one of Kolkata’s busiest, a waiting area teemed last month with people sheltering under colorful umbrellas and thronging a coin-operated water dispenser to refill empty bottles. A weary line snaked back from a government-run kiosk selling a subsidized lunch of rice, lentils, boiled potato and eggs served on foil plates.

“High temperatures can cause heat stroke, skin rashes, cramps and dehydration,” said Niladri Sarkar, professor of medicine at the hospital. “Some of these can turn fatal if not attended to on time, especially for people that have pre-existing conditions.” Extreme heat has an outsized impact on poorer residents, who are often malnourished, lack access to clean drinking water and have jobs that require outdoor work, he said.

Elsewhere in the city, tea sellers sweltered by simmering coal-fired ovens, construction workers toiled under a blistering midday sun, and voters attending rallies for the ongoing national elections draped handkerchiefs across their faces in an effort to stay cool. The state government in April advised some schools to shutter for an early summer vacation to avoid the heat.

Since 2013, states, districts and cities are estimated to have drafted more than 100 heat action plans, intended to improve their ability to mitigate the effects of extreme temperatures. The Centre set out guidelines eight years ago to accelerate adoption of the policies, and a January meeting of the National Disaster Management Authority pledged to do more to strengthen preparedness.

The absence of such planning in Kolkata has also meant a failure to intervene in trends that have made the city more susceptible.

Almost a third of the city’s green cover was lost during the decade through 2021, according to an Indian government survey. Other cities including Mumbai and Bengaluru have experienced similar issues. That’s combined with a decline in local water bodies and a construction boom to deliver an urban heat island effect, according to Saira Shah Halim, a parliamentary candidate in the Kolkata Dakshin electoral district in the city’s south. “What we’re seeing today is a result of this destruction,” she said.

Hakim, the city’s mayor, disputes the idea that Kolkata’s preparations have lagged, arguing recent extreme weather has confounded local authorities. “Such a kind of heat wave is new to us, we’re not used to it,” he said. “We’re locked with elections right now. Once the elections are over, we’ll sit with experts to work on a heat action plan.”

Local authorities are currently ensuring adequate water supplies, and have put paramedics on stand-by to handle heat-induced illnesses, Hakim said.

Focusing on crisis management, rather than on better preparedness, is at the root of the country’s failings, according to Nairwita Bandyopadhyay, a Kolkata-based climatologist and geographer. “Sadly the approach is to wait and watch until the hazard turns into a disaster,” she said.

Even cities and states that already have heat action plans have struggled to make progress in implementing recommendations, the New Delhi-based think tank Centre for Policy Research said in a report last year reviewing 37 of the documents.

Most policies don’t adequately reflect local conditions, they often lack detail on how action should be funded and typically don’t set out a source of legal authority, according to the report.

As many as 9 people have already died as a result of heat extremes this year, according to the meteorological department, though the figure is likely to significantly underestimate the actual total. That follows about 110 fatalities during severe heat waves during April and June last year, the World Meteorological Organization said last month.

Even so, the handling of extreme heat has failed to become a “political lightning rod that can stir governments into action,” said Aditya Valiathan Pillai, among authors of the CPR study and now a fellow at New Delhi-based Sustainable Futures Collaborative.

Modi's government has often moved to contain criticism of its policies, and there is also the question of unreliable data. “When deaths occur, one is not sure whether it was directly caused by heat, or whether heat exacerbated an existing condition,” Pillai said.

In 2022, health ministry data showed 33 people died as a result of heat waves, while the National Crime Records Bureau – another agency that tracks mortality statistics – reported 730 fatalities from heat stroke.

Those discrepancies raise questions about a claim by the Centre that its policies helped cut heat-related deaths from 2,040 in 2015 to 4 in 2020, after national bureaucrats took on more responsibility for disaster risk management.

Local officials in Kolkata are now examining potential solutions and considering the addition of more trees, vertical gardens on building walls and the use of porous concrete, all of which can help combat urban heat.

India’s election is also an opportunity to raise issues around poor preparations, according to Halim, a candidate for the Communist Party of India (Marxist), whose supporters carry bright red flags at campaign events scheduled for the early morning and after sundown to escape extreme temperatures.

“I’m mentioning it,” she said. “It’s become a very, very challenging campaign. The heat is just insufferable.”

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News Network
May 10,2024

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The Supreme Court Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal till June 1 in the excise policy case.

The top court, however, stated that it will be passing a detailed order over the matter soon.

On Thursday, the Enforcement Directorate had opposed the move to grant interim bail to Kejriwal saying that “any special concession” to him will “amount to anathema to the rule of law and equality… thereby creating two separate classes in the country viz. ordinary people, who are bound by the rule of law as well as the laws of the country, and politicians who can seek exemption from the laws”.

The ED had arrested Kejriwal on March 21 in the excise policy case.

“The right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right,” the ED said, maintaining that to its knowledge, “no political leader has been granted interim bail for campaigning even though he is not the contesting candidate”.

After the ED filed its affidavit, the AAP, in a press release, said, “The legal team of Delhi Chief Minister and AAP National Convenor, Shri Arvind Kejriwal, has raised strong objection to the affidavit filed by the Enforcement Directorate opposing interim bail in the Supreme Court.”

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