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
November 21,2024

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After the US prosecutors charged Gautam Adani with bribery and fraud, Congress reiterated its call for a Joint Parliamentary Committee (JPC) probe into the transactions of the Adani group, and hit out at Prime Minister Narendra Modi, alleging an "internal nexus" between him and "his favourite businessman."

Senior Congress leader Jairam Ramesh said the indictment of Gautam Adani and others by the US Securities and Exchange Commission validates his party’s call for a Joint Parliamentary Committee investigation.

The Congress has been pushing for the probe since January 2023, raising concerns over alleged irregularities involving Adani and his business dealings, said Ramesh.

Ramesh referred to the party’s “Hum Adani ke Hain” series, where 100 questions were raised about the alleged scams and the links between Prime Minister Narendra Modi and Gautam Adani.
He noted that the questions remain unanswered, reiterating the need for accountability in the matter.

The US prosecutors have charged Adani with deceiving investors by concealing information about his firm's solar energy project in India, which allegedly involved bribery.

Adani has been charged with securities fraud and conspiracy, according to an indictment unsealed on Wednesday. The case focusses on an agreement between Adani Green Energy Ltd. and another organisation to supply 12 gigawatts of solar power to the Indian government.

'BETRAYAL OF INDIAN INVESTORS'

Congress leader Pawan Khera described the allegations against Gautam Adani and his conglomerate as a “betrayal of Indian investors.”

Taking to X, Khera outlined the US charges, including claims that Adani’s group bribed Indian government officials between 2020 and 2024 to secure contracts. Citing media reports, he also pointed out that Gautam Adani personally met a government official to advance the scheme.

Khera referred to a March 2024 incident where the Adani Group allegedly misled the Bombay Stock Exchange and the National Stock Exchange, calling it a “grave violation of investor trust.”

He further highlighted a March 2023 FBI raid on the premises of Sagar Adani, Gautam Adani’s nephew, where electronic devices were seized as part of the investigation.

'SEBI NOT ABLE TO PROVE ANY CHARGES AGAINST ADANI'

Shiv Sena (UBT) leader Priyanka Chaturvedi criticised central probe agencies following US charges against Gautam Adani and others in an alleged bribery case linked to solar energy contracts.

Chaturvedi raised concerns about corporate governance and regulatory oversight in the country. “They talk about corporate governance, responsibility, and accountability. The industrialists should be asked to follow the rules and regulations, but even the agencies were defending him. The SEBI has not yet been able to prove charges against him,” she said, pointing to what she viewed as failures in ensuring accountability.

'BROUGHT DISREPUTE TO INDIA'

On US charges against Gautam Adani, AAP leader Sanjay Singh called for a probe against the industrialist. He said that the probe should be conducted by an investigation agency under the Supreme Court.

"Adani Group has brought disrepute to India. This is a very serious matter. The PM of India should come forward and answer this. All the pending matters against Adani should be probed by an investigation agency under Supreme Court monitoring, and all the corruption done by him, within and outside the country, should come out before the country and action should be taken against him," he said.

BJP DFENDS

BJP IT cell chief Amit Malviya responded sharply to the Opposition’s criticism regarding allegations involving Adani Green Energy and US-based Azure Power. He pointed out that the charges in the indictment are only allegations and emphasised, “The defendants are presumed innocent unless and until proven guilty.”

Malviya argued that the crux of the case concerns agreements to supply 12 GW of power to the Solar Energy Corporation of India (SECI), contingent on SECI securing power purchase agreements with state electricity distribution companies (SDCs).

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News Network
November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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