Writes to the President of India for Justice
Ten days after seven accused (all Muslims) in 2006 Malegaon blast case were released on bail, reportedly because of his confession that ‘Hindu extremists’ were behind the attack, Swami Aseemanand has questioned the decision, reiterating that he had already retracted that statement made by him under “extortion”. In a memorandum sent to President of India Smt Pratibha Patil on November 26, with copies to Prime Minister, Home Minister and National Human Rights Commission among others, Swami Aseemanand also alleged that he had been tortured “on account of my religion”. Following is the full text of the memorandum sent to the President of India by him:
Hon’ble Madam President
I, Naba Kumar Sarkar @ Aseemanand am confined in the District jail at Ambala having been falsely implicated by CBI, NIA and ATS Rajasthan (as a result of deep rooted political conspiracy) in Mecca Masjid, Samjhauta and Ajmer blast cases.
I am a Sanyasi having renounced the world for the public good and have dedicated my life for the upliftment of the Vanvasi and tribal communities of India. Since, I was reconverting the Vanvasi Christians back to Hinduism, I have been made a target and implicated falsely as above.
I am making this representation to secure safety of my life as also that of my family members and relatives and punishment to those, who in utter violation of law and human rights engaged without fear of law in extorting my confession by heaping untold torture and indignities on me.
Recently, I have come to know through media and my advocates that various accused in Malegaon Blast Case have been released by the Court. Prior to this Union Home Minister publicly made a statement that came to be widely publicised that NIA would not oppose their bail pleas in court. NIA, following the command of the Union Home Minister, did not oppose their bail on the premise of my extorted confession.
Protection and safety for myself and my family members and relatives.
Initiation of proceedings against Union Home Minister and functionaries of NIA/CBI/ATS who extorted my confession by engaging in most cruel and undignified conduct.
Critical issues requiring your urgent attention as Constitutional Head arise in the matter.
What authority the Union Minister had while directing that NIA would not oppose in court the bail pleas of Malegaon accused, all being Muslims?
Can the NIA, which carried the command of the Union Home Minister, taken to be an independent investigating agency?
How can my extorted confession that was retracted be taken to be to the aid of the Malegaon accused when no court has pronounced on my retracted confession?
How can NIA support the bail pleas of Muslim accused in the Malegaon case in the face of the confession by these accused and the inputs shared by the Government of India with the US and the UNO?
What a travesty of justice! On one hand a Hindu Sanyasi like me is made to suffer unimaginable and unbearable indignities by investigating agencies and state actors so as to extort my confessions, and on the other hand Muslim accused in the Malegaon case are allowed bail on the stand of the Union Home Minister and the NIA using the extorted (retracted) confession.
In the aforesaid painfully explosive situation, as a last resort, it has become imperative for me to seek intervention of Your Excellency, with the hope that justice would be meted to me and the guilty including the Union Home Minister would be brought to book.
I am constrained to detail out here in the horrifying circumstances under which my confession was extorted.
I, was arrested by the CBI officials from Haridwar on (18.11-2011) and while I was transported from Haridwar to Delhi, CBI Officials on several occasions stopped the vehicles on the roadside in pitch dark and made me kneel on the ground. After putting pistol on my temple they threatened to kill me if I did not act as per their desire. Upon my refusal they threatened that they would push me towards on-coming speeding traffic and that my death would be in accident. I had never seen the fear of death that closely. I stood my ground. From Delhi I was taken to Hyderabad by plane.
In this situation I felt ashamed that as a Hindu I have no human rights. I was subjected to torture on account of my religion. In custody, I was isolated. Losing all hope and to save my family members I succumbed to their pressure and torture. I so conveyed to them. The CBI officials directed me neither to talk to anyone nor take any lawyer. CBI officials surrounded me all the time and I was fear stricken while I was produced in Court. I had a deep urge to reveal all in court by finding them all around I had no courage to risk the well being of my family members by going against them.
On 24.11.2010 I was taken on remand by the CBI and kept me in their custody. (from 24.11.2010 to 4.12.2010 again CBI taken custody 10.12.2010 to 18.12.2010 from Hyderabad court. Hyderabad court permitted CBI to interrogate between 9am to 6 pm but CBI tortured me entire nights and kept me in their custody. The CBI officials humiliated me. After 12 Dec I was shifted to Delhi by CBI and CBI tortured me to give 164 statement). Their saga of physical and mental torture continued unabated till I landed in judicial custory.
It was the shock of my life that even in judicial custody CBI and later NIA Personnel enjoyed free and unregulated access to me in jail. On occasions even after midnight I was insultingly treated and threatened involvement in various blast cases. They also threatened to eliminate my mother, brother and other relatives, if I did not succumb to their demands. They had threatened me not to disclose the fact of being tortured, to the magistrate before whom I was to be produced. I was remanded judicial custody by Delhi court. On 18-12-2010 I was produced before the magistrate in Delhi where Mr. T Raja Balaji and other CBI officials in plain clothes were present. Mr. Balaji directed me to depose as per his instructions and the typed statement given by him. Because of the immense mental and physical pressure I could not muster enough courage to tell the magistrate that I was making the statement under compulsion.
In spite of my assurance I was subjected to further unbearable physical torture and psychological trauma. One person brought from my Ashram, was in the custody, and he was tortured and beaten up brutally after removing all his cloth in my presence to terrorise me. I was threatened with far serious consequences if I did not abide their dictates. The CBI officials also went to the extent of underssing me and inserting a stick in my anus and hanged me upside down.
They indicated that if I ever failed to tow their line my mother would be brought from Hogli, I would be subjected to indignities before her after being undressed.
They took me to various places – Mumbai, Daman, Valsad and then brought me back to Delhi. While judicial custody in Tihar Jail, I was kept in a cell along with two Muslim prisoners. They knew who I am. They said CBI could easily eliminate me in Jail if I failed to toe their line. I was under traumatic condition and had no courage to resist the threats I made the statement before the court as desired and tutored by the CBI Officials. I never acted with free consent.
Thereafter, NIA officials took me from Hyderabad to Panchkula and obtained by police custody remand where they humiliated and harassed me in their custody and continued with psychological torture.
On 03.01.2011, when court appointed one amicus lawyer for me. It took me little time for me to assess that there was no respite for me and I was captive of the agency in every sense. I gathered that neither lawyer nor court could rescue me and my saviour could only be NIA.
After, the said incident, the NIA officials again carried me to Bombay Daman and Valsad. I continued to suffer torture at their hands. I pleaded with them as to why they are inhumanely torturing when I am acting as per their dictate. They said I would have to record confessions at Panchkula and that I should refrain from meeting anyone including advocates. A fear psychosis was instilled in my mind that I will always remain in the clutches of the CBI, NIA and ATS and constant fear of threat remained in my mind of the physical and mental torture already meted out to me. On 13-01-2011 I was remanded to judicial custody and was sent to Ambala jail. During my custody in Ambala jail one senior officer of NIA Mr. Behera along with other officers visited the jail and called me and warned me to make the statement before the magistrate as per the dictation of investigating officer. He promised me that after making the desired statement I will be let free failing so my whole life will be spent in jail. On 14-01-2011 I was taken to the room of Dept. Superintendent central jail Ambala where NIA officials were present, they gave me draft of the statement and directed me to make the said statement before the magistrate. On 15-01-2011 when I was brought to Panchkula court from Ambala central jail till my production before the CJM Panchkula for recording of the statement, I was virtually in the circle of NIA officers in plain clothes. They hurriedly pushed and dragged me to the chamber of CJM Panchkula and remained standing outside the chamber. In these circumstances, surrounded by such desperately deadly law enforcing agencies I again succumbed to the dictates of NIA officials and got recorded confessional statement on 15.01.2011 before the Panchkula Court.
Thereafter ATS Rajasthan took me to Ajmer. During custody I was brainwashed that none is helping me. They ridiculed me being a Hindu. They directed that unless I became an approver, they would have to sternly deal with me and my family members. They said that becoming approver was the best for me as I should otherwise be aware of their power. They taunted me “where are you Hindu followers and sympathizers? In this helpless situation with fear of life in me they forced me to write an application to become approver in the Ajmer Blast Case. The officer who accompanied me to central jail Ajmer handed over the same application to Jail officials to forward the same to Chief Judicial Magistrate Ajmer.
On 26.03.2011 one Mr. Vishnu Kant Sharma came to meet me in jail at Ajmer and he assured me full assistance. I was assured that now no torture can continue. Feeling little assured after such long suffering, I requested him to make an arrangement for a good lawyer, so that I may consult him.
Mr. J.S. Rana, Advocate thereafter came to meet me on 28.03.2011. I narrated to him the entire facts and circumstances and asked him to save me and others, who were got falsely named in my criminally extorted confessional statements. He assured me that any confession recorded due to torture and fear had no relevance in law and if all the facts are brought before the court, I will be acquitted with honour and I can come out of traumatic situation, which I was facing.
I gained some confidence and instructed my Advocate Mr. Rana, to draft an application to withdraw the application for becoming approver, which had been forcibly got signed by me by the ATS Officials. I was produced before CJM Ajmer on 29-03-2011 where I read the application and moved the same before the court.
This application was allowed by the court on 08.04-2011 and this to some extent instilled confidence in me. Thereafter, I immediately moved application retracting my previous confessions, which were extorted under the torture and traumatic conditions under the tutoring of the CBI and NIA at Delhi and Panchkula. The same were returned by the court at Ajmer with endorsement that the same may be sent to the concerned courts through superintendent central jail Ajmer. I handed over the said retraction applications to superintendent central jail Ajmer who subsequently forwarded them to the concerned courts, but the same has not yet been evaluated by the concerned courts.
It is very unfortunate that in a democratic country like India, the CBI and NIA, ATS officials have so much of power that they can pick-up any person and treat him in utter disregard of law and human rights. After such deep suffering I am sure that these agencies are law unto themselves.
Madam President, my confession was as result of the unimaginable physical and mental torture. This has been retracted. No judicial court has pronounced on my confession one way or the other. How can the accused in the Malegaon be shown indulgence of bail on the basis of my retracted confession when they had themselves given their confessional statements in the case.
I get an impression, that I am being targeted because I am a Hindu and others have been shown indulgence because they are Muslims. My this representation is to the Highest constitutional functionary so as to secure my fundamental human rights. I urge you to direct initiation of stringent action against Union Home Minister and CBI, NIA, ATS Officials, who had tortured me unbearably and engaged in commission of serious criminal wrongs.
Madam President, it is astonishing to learn how after carrying out detailed investigations, and having informed the United Nations and the US about the involvement of Lashkar-e-toiba and HUJI terrorist behind the Samjhauta Blast, the Home Minister has taken a summersault and started to rely upon my criminally extorted confessional statement, which has already been retracted by me. All this is politics and my retracted confession is being used as a tool to release Muslim terrorist and falsely implicate Hindus.
Madam President, as Constitutional Head of the largest democracy you need to take, Union Home minister to task, on what authority he indicated to the media that the bail applications of Malegaon accused will not be opposed by NIA? Does he control NIA, which is supposed to be independent investigating agency? NIA unfortunately carried out the politically motivated command of the Union Home Minister, this direct interference of the Union Home Minister in the investigation by NIA, is very serious and Your Excellency need to take direct action.
Madam President, inhuman treatment meted out to me is a shame on our democracy. It has been in utter disregard of law and human rights. I am being made to suffer because I am Hindu and others are being shown indulgence because they are Muslims. All this needs to be investigated by Human Rights Commission. I urge for directions in this behalf.
(Naba Kumar Sarkar @ Swami Aseemanand) presently lodged in Ambala District Jail, Ambala (Haryana)