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
November 21,2024

modiadani.jpg

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).

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
November 21,2024

palestainetragedy.jpg

Hamas says the Israeli regime’s sole objective lies in “erasing” the entirety of the Palestinian population from across the Palestinian territories.

Khalil al-Hayya, a ranking official with the Gaza Strip-based Palestinian resistance movement, made the remarks to the Palestinian al-Aqsa TV on Wednesday.

“The occupation targets everyone—it strikes hospitals, civil defense, women, children, and the elderly,” he said, adding that the regime sought to “empty Gaza of its residents, and displace the Palestinian people to fulfill its dreams of building a Zionist Jewish state across all of Palestine.”

The remarks came amid the regime’s October 2023-present war of genocide on the coastal sliver that has so far claimed the lives of nearly 44,000 Palestinians, mostly women and children.

“This unprecedented aggression in modern times evokes scenes from the dark ages of human history, having crossed all red lines and exceeded every expectation of brutality in the modern era,” the Palestinian official lamented.

He also regretted that the regime had added “systematic and dangerous starvation to its aggression, falsely claiming before the world that it allows 250 [aid] trucks into Gaza daily. In reality, the number of trucks is far fewer.”

Hayya, meanwhile, regretted that “scenes of children torn apart, women screaming over their children, and heart-wrenching destruction have failed to stir enough humanity to stop these crimes.”

He decried the United States for vetoing the United Nations Security Council’s resolutions that are aimed at bringing about a potential ceasefire in the war, saying this indicated Washington’s “partnership in the aggression” and a simultaneous siege that the Israeli regime has been enforcing on Gaza.

Addressing Israeli Prime Minister Benjamin Netanyahu, the official asserted that, despite what the Israeli official is after, Hamas would not hand over the regime’s captives “without [the regime’s] stopping the war.”

He called Netanyahu “the main obstacle” in the way of cessation of the aggression, saying the Israeli premier “blocks any progress for political reasons,” and citing his preventing conclusion of a ceasefire agreement in July.

Hayya also warned that the regime sought to expand the war beyond Gaza, but asserted that its goals are “impossible and will never happen.”

“Today, the enemy exposes its true intentions of extermination and displacement, but it will fail,” he stressed.

“The Palestinian people are resilient and will not surrender, as they believe in their humanitarian and political cause. The enemy and its allies will not succeed in achieving their goals. This steadfast people will endure, and the occupation will not prevail against them.”

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
November 10,2024

Bengaluru: The Karnataka government has warned that disciplinary action will be taken against those officials who change the land mutation records and serve eviction notices to farmers under the Waqf Act.

In a letter, the Revenue Department Principal Secretary Rajender Kumar Kataria reminded all regional commissioners and deputy commissioners in the districts that Chief Minister Siddaramaiah recently had a meeting following complaints about certain land properties being made in favour of the Karnataka Board of Waqfs.

In the meeting it was decided that all the directions issued previously by any government office or authority to change the mutation records has been withdrawn, the letter said.

It added that all the notices served in the past have also been withdrawn and no action should be taken against the farmers who are cultivating on the said land.

On the directions of the chief minister, the previous letters and the latest reminders served on November 7 to the farmers and land owners have been withdraw, the letter said.

"The officials who served reminder-2 despite the chief minister's direction will face appropriate disciplinary action," Kataria said in his letter.

He said he has been instructed to strictly implement the chief minister's direction.

The fresh direction was issued in poll-bound Karnataka, where bypolls to three crucial assembly segments are due on November 13.

Some farmers in Honwad village in Vijayapura in north Karnataka had alleged last month that they were served eviction notices as the Waqf Board claimed rights over it.

Subsequently, complaints started in pouring in from some other parts of the state.

BJP leader Tejasvi Surya on October 25 alleged that Karnataka Waqf Minister B Z Zameer Ahmed Khan directed the deputy commissioners and revenue officials to register lands in favour of the Waqf Board within 15 days, which resulted in confusion.

On Surya's request, the Chairman of the Joint Committee of Parliament on the Waqf (Amendment) Bill, Jagdambika Pal visited Karnataka on November 7 and met farmers in Hubballi, Vijayapura and Belagavi districts who had alleged that their lands were marked as Waqf properties.

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.