Supplementary chargesheet by NIA in Malegaon 2006 blast case

After NIA chargesheet, the impregnable and watertight case against original 13 accused of Malegaon 2006 blast is totally given up and it is set to lead to their acquittal. It is a blot on the face of NIA and UPA Government to support the admitted and accepted accused in gross violation of human rights of the families of 31 persons who died in the blast and also of the 312 who were injured. The human rights of six alleged accused, their family members and all those who have been put to terror by the inhuman activities of NIA, were also violated.

Adv. Aruneshwar Gupta

The NIA chargsheet filed on May 22 in Malegaon blast of September 8, 2006 and planting of fake bomb at Mohammadiya Masjid Complex on September 13, 2006, established one of the grossest abuses and misuses of an investigating agency by the Government in power anywhere in the world. It is a horrendous and horrific violation of human rights of innocent Indians.
After methodical, thorough and careful investigation, seizing 101 articles and documents including seditious literature, examining 545 witnesses on December 21, 2006 the Maharashtra ATS had filed a 74-page chargesheet. It clearly determined, particularly looking into the nature and manner of execution, that the Malegaon 2006 blast was an extension of a conspiracy hatched by a banned organised crime syndicate, SIMI, which started the plans to carry out the blasts way back in 2003 with the sole ‘objective of stirring up communal riots’. The blasts were caused with the intention that the voice was loud while the loss of life was minimised. The blasts were carried out with the help of professionals trained in Pakistan with meticulously skilled and specialised way to create least damage and maximum impact to ‘infuriate the Muslim community to resort to communal riots and disturb the public order all over India’.

Details of the procurement of explosives (20 kgs RDX), detonators, electric circuits, other logistics and purchase of cycles from Hindu shopkeepers were given in the ATS chargesheet.  The ATS filed the chargesheet against 13 accused, out of which 9 were arrested – Noorul H Samsudoha (A-1), Shabbir A Masiullah (A-2), Raees ARA Mansuri (A-3), Dr Salman FAL Aimi(A-4), Dr Farogh IA Magdumi (A-5), Mohd AA Shaikh (A-6), Asif  KBK @ Junaid (A-7), Mohd.ZAM Ansari (A-8), Abrar AG Ahmed (A-9) and four were absconding Riyaz A Shafi (A-10), Ishtiyaq AM Issaq (A-11), Munnawar AM Amin (A-12) and Muzzammil (A-13). Chargesheet was filed under IPC, MCOC Act 1999, Explosive Substance Act, 1908, Passport Act, 1967 and other Acts. Confessions statements of 7 out of 9 accused were recorded and all the facts fully established an impregnable and water tight case against the accused persons.
On February 5, 2007 the investigation was handed over to CBI and the CBI, after further investigations spreading over a period of more than three years, on the basis of 24 more witnesses and 53 documents, CD, audio cassette and the opinion of FSL reports on February 11, 2010 filed a supplementary chargesheet reinforcing the charges framed earlier against 13 accused.
On March 22, 2011, the NIA took over the investigation of the Malegaon 2006 case and to a great shock and surprise took a complete u-turn regarding the case filed by the Maharashtra ATS and CBI. Now on May 22, 2013 the NIA dispatched another supplimentary chargesheet deliberately, intentionally and calculated completely putting at naught the entire investigations carried out by the Maharashtra ATS and the CBI. The ATS has now come out with a wholly new story, which on the face of it is perfunctory, unthinkable and coming out of one of the wildest imagination of human mind merely with a view to create outrage amongst the innocent Bharatiya citizens by torturing them and maligning the nationalist organisations as terrorist group. The entire case in the chargesheet dated May 22, 2013 filed by the NIA closes on September 8, 2006 with the following statement (para xxii):

“After planting four bombs all of them boarded a bus to Jalgaon at Malegaon bus stand and left Malegaon. They reached Jalgaon in the evening and took some food there. At Jalgaon they boarded private travels bus to Indore. They reached Indore in the morning next day (i.e. 09/09/2006).”
There is neither any iota of evidence nor statement in the chargesheet filed on May 22, 2013 to the fake bomb found on September 13, 2006 at Mohammadiya, Masjid Complex, Malegaon. Now after the NIA is expected to be aware of this fatal error, which is by itself enough to demolish the alleged built up case, they will file another supplementary chargesheet to cover up the story, which we are certain that the courts will not entertain.
Para 18 and 19 of the original chargesheet dated December 21, 2006 filed by Maharashtra ATS reads as follows:
In para 2 at page 22 of the Suppl. Charge Sheet filed by CBI on 22.10.2010 it was clearly stated that: “This fact reveals that Abrar Ahmed s/o Gulam Ahmed had knowledge of the persons involved and was also in the conspiracy with them for execution of the bomb blast on 08.09.06 in Malegaon and later in planting a fake bomb at Mohammadiya Masjid on 13/09/2006, as he has confessed his crime and named the other persons involved before the police.”
The entire basis of the NIA case is based on a retracted confession statement of Swami Aseemanand in Mecca Masjid Blast case to the effect that Sunil Joshi (since deceased) had told him that the Malegaon 2006 blast case was the handiwork of his boys. The chargesheet lacks in details regarding the motive, extensive professional training, expertise in handling explosive, wherewithal and the will or inclination to undertake such an anti-nationalist activity. The chargesheet has added Manohar Narwana (A-14), Rajendra Chaudhry (A-15), Dhan Sing Shiv Singh (A-16), Lokesh Sharma (A-17), Sunil Joshi (deceased – (A-18), Ramchandra Kalasangra (A-19), Ramesh V. Mahalkar @ Amit @ Hakla (A-20), Sandeep Dange (A-21) as accused no.14 to 21 with 13 already existing accused.
Such appeasement by NIA, an independent investigating agency, on the instructions of Shri P Chidambram and Shri Shinde, the former and present Home Ministers, who hold power in the Government for the time being, demonstrates the total degradation and deterioration of the NIA as independent agencies. The filing of the supplementary chargesheet by NIA now is the grossest possible abuse and violation of human rights of innocent Indian citizens in their own country by a democratic government. The sole political purpose to be achieved by UPA–II is to keep the divisiveness between the communities alive and appeasement of terrorist groups who would continue to damage, destroy and raze any effort of peace and harmony initiated and taken up by the citizens and nationalist organisations.
After the supplementary chargesheet of May 22 the impregnable and watertight case against the original 13 accused is totally given up and would certainly lead to their acquittal. This is a blot on the face of NIA and the Government in power to support the admitted, accepted accused and a gross violation of human rights of the family of 31 persons who died in the incident and also of the 312 who were injured. The NIA and UPA have also violated the human rights of the six alleged accused with their family members, and also all those who have been put to terror by the inhuman activities of the NIA.

(With inputs from Jitendra Tewari)

Family members of Hindu accused in Malegaon blast case seek justice

What about our human rights?

The family members of some of the Hindu accused framed in Malegaon blast case came to Delhi from Madhya Pradesh on June 6 and sought justice. Sharing their agony with the media at Press Club they said everybody seems worried over the human rights violation of Muslims, but their lips are shut when the innocent Hindus are being framed in fake cases. Prominent among those who were present included Smt Sadhna, wife of Lokesh Sharma, Shri Radheshyam, father of Kamal Chauhan, Smt Padma, wife of Dilip Patidar, and Shri Bhagwan Singh, brother of Sadhvi Pragya.?