Sunday, June 30, 2013

Salem assailant squeals on mentor Santosh Shetty

 

Attacked Gangster May Be Moved To Byculla Jail

 

S Ahmed Ali & Mateen Hafeez TNN

Mumbai: Devendra Jagtap alias JD is believed to have spilled the beans about the involvement of his mentor, Santosh Shetty, in the plot to kill underworld don Abu Salem inside Taloja jail.
 
    Investigators suspect that Santosh had taken a ‘supari’ (contract) from Dawood Ibrahim’s aide Chhota Shakeel. TOI was the first to report about the involvement of the D-gang in the hit. 

    Jagtap is believed to have told the police that although the plot was hatched earlier, it was executed on Santosh’s birthday which was celebrated on sessions court premises on Thursday. Jagtap promised Shetty that he would deliver “good news late in the evening” on the fateful day.  A man named Mirza is believed to have acted as a gobetween and facilitated Santosh’s entry into Chhota Shakeel’s circle after Bharat Nepali’s killing in 2010.   Jagtap revealed that Santosh moved away from Vijay Shetty and the latter has no role to play in the shooting.
 
    The city crime branch, which is conducting a parallel investigation, on Saturday evening interrogated Santosh inside Arthur Road jail. The Navi Mumbai police are likely to send a team on Sunday to take custody of Santosh. Meanwhile, the Navi Mumbai crime branch feels the firearm that was used to fire at Salem was smuggled into the jail minutes before the firing. A subinspector and nine constables from the Navi Mumbai local arm unit are under the scanner. The policemen had escorted Jagtap and three other accused to the sessions court at Kala Ghoda. “The team took the four accused in a police van from the jail around 11am and headed for Mumbai. Jagtap had a court hearing in connection with the murder of advocate Shahid Azmi. Jagtap later met his wife and three aides. We suspect that the weapon changed hands at this stage,” said a police officer. On Saturday, the Navi Mumbai crime branch questioned four constables in the escort team. 
 
The statements of the five prison constables who had frisked Jagtap were recorded. A report in the breach of security case is likely to be submitted to the state government by Wednesday. Jagtap and Salem were housed away from each other in jail, said sources. “Jagtap began talking to Vishwanath Shetty, an accused lodged in a cell adjacent to Salem’s. Jagtap then pulled out a pistol and started firing,” said a police officer.
 
    Vishwanath is facing trial for killing Farid Tanasha, a Chhota Rajan aide. The police are trying to find out what transpired between him and Jagtap. “The prison manual stipulates that an anda cell inmate has to be dropped to his cell by a policeman and then locked up. This rule was flouted and no policeman accompanied Jagtap,” said a source. A source also said that Salem could be shifted to the women’s prison in Byculla


The Times of India, June 30, 2013

In 2011, cops foiled shooter’s daring attempt to flee court

Devendra Jagtap alias JD


Mateen Hafeez TNN

Mumbai: Devendra Jagtap alias JD, who fired two rounds at underworld don Abu Salem, had planned his own escape from the sessions court two years ago. Two of Jagtap’s aides, who were armed with weapons had entered the court in April 2011, had been nabbed before they could execute their plan.
 
    “Jagtap had hatched a plot on the lines of Feroz Kokni’s escape from J J Hospital in 1999,” said a police officer. Feroz Sargurouh alias Feroz Kokni, a shooter for the D-gang, was arrested by the city crime branch in connection with the murder of BJP leader Ramdas Nayak in 1995. 

    While Kokni was being taken to hospital along with another accused, Salim Beg, for a check-up his aidesfired at the cops escorting the
two. Constable B D Kardile was killed in the firing and another died later. Kokni headed for Sandhurst Road station on a bike and later fled to Dubai via Nepal. Investigators found that Kokni’s father, Abdullah, had put the escape plan together. Abdullah and his two sons, sub-inspector Satish Gawte and constable Surya Sawant were arrested for aiding and abetting Kokni’s flight. Zahoor Markanda, an aide of Kokani who helped him escape on the bike, was killed in a police encounter. 

In Jagtap’s case, his accomplices, Karan alias Munna and Shetty, were intercepted by the police. “A loaded pistol was recovered from them,” said
an officer. The two used to work for slain gangster Bharat Nepali. Jagtap has around six cases against him, including three murders. He was arrested in 2010 for killing advocate Shahid Azmi, at the behest of Bharat Nepali.



The Times of India, June 30, 2013

Chargesheet by NIA illegal, says accused

MALEGAON BLASTS


Mateen Hafeez TNN

Mumbai: The discharge applications filed by two accused in the 2006 Malegaon mosque blasts case was on Saturday opposed by a co-accused, Dhan Singh, who has also challenged the legality of a chargesheet filed against him and three others.
 
    The National Investigation Agency (NIA) on May 22 filed a chargesheet against four persons suspected to be belonging to a right wing outfit, blaming them to be the engineers of Malegaon serial blasts that killed 31.
 
    While moving the application before the designated judge Y D Shinde, Singh stated that the ‘further investigation’ done by NIA is illegal and bad in law. The NIA is likely to file its reply on July 22. 

Shinde terror remark:
 A trial court has given a last opportunity to a person to file an affidavit to show why he wants the court to summon PM Manmohan Singh and Congress President Sonia Gandhi as witnesses in his complaint against Union home minister Sushil Kumar Shinde for his alleged “Hindu terror” remarks made at Jaipur early this year. TNN
The Times of India, June 30, 2013

Saturday, June 29, 2013

Molestation charge against St George’s doc is now of rape

TOI’s report on June 28. (Top) St George's Hospital near CST

Mateen Hafeez TNN


Mumbai:The molestation case involving a doctor from St George’s Hospital is now one of technical rape. Also, the police have issued a lookout notice against the accused, Akshay Ahirrao (28), to the country’s airports.

     A police source said the doctor had used his hand inappropriately on the girl. Deputy commissioner of police Ravindra Shisve said, “After recording the victim’s statement, we changed the charge against the doctor from molestation to rape. Our teams have gone to Ulhasnagar, where Ahirrao stays.”

    Apart from the Indian Penal Code, the police have applied sections from the Protection of Children from Sexual Offences Act in the case.

    Ahirrao had planned to leave for Singapore on June 29, a source said. “He was in Delhi after an FIR was filed against him for molesting a Class IX student, who is 14 years old. He is believed to have contacted the Medical Council of India.”

    The incident took place on June 22, when the victim had gone to the hospital for a checkup as she had high fever. “He called her into the checking room while there was no female staff present. Only her grandmother was standing nearby,” the victim’s relative had earlier told TOI. “The doctor molested the girl and seeing this, her grandmother fell sick and had to be admitted to ICU.”


The hospital’s superintendent Dr J B Bhawani said Ahirrao was sacked as soon as the hospital received a complaint regarding the matter.

The Times of India, June 29, 2013

Molestation charge against St George’s doc is now of rape

TOI’s report on June 28. (Top) St George's Hospital near CST



Mateen Hafeez TNN

Mumbai:The molestation case involving a doctor from St George’s Hospital is now one of technical rape. Also, the police have issued a lookout notice against the accused, Akshay Ahirrao (28), to the country’s airports. 

    A police source said the doctor had used his hand inappropriately on the girl. Deputy commissioner of police Ravindra Shisve said, “After recording the victim’s statement, we changed the charge against the doctor from molestation to rape. Our teams have gone to Ulhasnagar, where Ahirrao stays.”
    Apart from the Indian Penal Code, the police have applied sections from the Protection of Children from Sexual Offences Act in the case. 

    Ahirrao had planned to leave for Singapore on June 29, a source said. “He was in Delhi after an FIR was filed against him for molesting a Class IX student, who is 14 years old. He is believed to have contacted the Medical Council of India.” 

    The incident took place on June 22, when the victim had gone to the hospital for a check
up as she had high fever. “He called her into the checking room while there was no female staff present. Only her grandmother was standing nearby,” the victim’s relative had earlier told TOI. “The doctor molested the girl and seeing this, her grandmother fell sick and had to be admitted to ICU.”   The hospital’s superintendent Dr J B Bhawani said Ahirrao was sacked as soon as the hospital received a complaint regarding the matter.


The Times of India, June 29, 2013

Molestation charge against St George’s doc is now of rape

TOI’s report on June 28. (Top) St George's Hospital near CST

Mateen Hafeez TNN


Mumbai:The molestation case involving a doctor from St George’s Hospital is now one of technical rape. Also, the police have issued a lookout notice against the accused, Akshay Ahirrao (28), to the country’s airports. 

    A police source said the doctor had used his hand inappropriately on the girl. Deputy commissioner of police Ravindra Shisve said, “After recording the victim’s statement, we changed the charge against the doctor from molestation to rape. Our teams have gone to Ulhasnagar, where Ahirrao stays.”  Apart from the Indian Penal Code, the police have applied sections from the Protection of Children from Sexual Offences Act in the case.

    Ahirrao had planned to leave for Singapore on June 29, a source said. “He was in Delhi after an FIR was filed against him for molesting a Class IX student, who is 14 years old. He is believed to have contacted the Medical Council of India.”
 
    The incident took place on June 22, when the victim had gone to the hospital for a checkup as she had high fever. “He called her into the checking room while there was no female staff present. Only her grandmother was standing nearby,” the victim’s relative had earlier told TOI. “The doctor molested the girl and seeing this, her grandmother fell sick and had to be admitted to ICU.”
 
    The hospital’s superintendent Dr J B Bhawani said Ahirrao was sacked as soon as the hospital received a complaint regarding the matter.


The Times of India, June 29, 2012

With eye on recruitment, gangs fight for dominance in state jails



Govt Attempts To End War In Prisons Fail 

 

Mateen Hafeez TNN


    The brazen attack on Abu Salem on Thursday has yet again turned the spotlight on the continuing wars being fought by the underworld in the state’s prisons from outside. To tackle the problem, the state prison authorities have repeatedly moved gangsters from jail to jail, but the measure has yielded little result.
 
    Prisons, say former inmates, are key recruitment grounds for organized crime syndicates, who are willing to pay hefty amounts to new inductees. The Chhota Shakeel gang, which is considered the most powerful in state prisons, is now enlisting from all sections of criminals, recruiting even robbers and petty offenders. To no surprise then, there have lately been many stabbing and shooting incidents involving the underworld in jails.
 
    Sources said the attempt on Salem’s life may have been a tactic of the Shakeel gang to establish its monopoly in Maharashtra’s prisons. “Dawood gang members have always believed that Salem is working against their interests in prisons. They believe that Salem tips off the police about their activities. The same claim was also made when Dgang member Mustafa Dossa assaulted Salem three years ago in Arthur Road jail,” said a police source.
 
    Given the increasing underworld activity in jails, security agencies fear the state’s prisons are becoming hotbeds from where crime is plotted. A few years ago, a D-gang member deported from the UAE was arrested for trying to extort Rs 10 crore from a stockbroker. The broker was an accused in a Rs 50-crore fraud being investigated by the economic offence wing. “Soon after a rich man who is alleged to have committed a fraud enters jail, info about his offence reaches the seniors. The seniors then either demand money or ask him to work for them,” said a source.
 
    In August 2005, Chhota Rajan aides Vicky Malhotra, Fareed Tanasha and two others quarrelled with D-gang members Saleem Shaikh and Ehtesham in jail. The two sides pelted bricks at each other. While no gangster was hurt, a cop sustained severe head injuries. 
 
Times View: Clean up the prison system
    
The bullet may have hit Abu Salem but it has blown the cover off what actually happens inside the state’s prisons. This incident shows that money and connections can get anything done – and that includes smuggling in of firearms – in our prisons. The government needs to sanitise the system. An intelligent transfer policy, where prison staff do not have the chance to get too friendly with inmates, can help. 



The Times of India, June 29, 2013

Gun smuggled in after party in court



Mateen Hafeez & S Ahmed Ali TNN


Mumbai: Police sources said the hit on Abu Salem might have been ordered by Dawood Ibrahim aide Chhota Shakeel through Vijay Shetty, who is reported to be operating out of Malaysia. The D-gang, officers added, wants Salem dead because it believes he is passing information on its members to Dawood’s bete noire Chhota Rajan. 

    Shakeel owned up to the murder bid in a phone conversation with TOI: “After Bharat Nepali’s death, JD came in contact with me (through Vijay Shetty) and we had a tie-up. Salem escaped this time, but we will not spare him. He ditched bhai (Dawood) and joined hands with our foe (Rajan) and tried to take control of the gang in the past. Our enemy’s friend is our enemy.”  The first round fired by Jagtap grazed the extradited gangster’s right hand; the second missed as Salem jumped behind a ‘cardboard cupboard’; and on the third attempt, Jagtap’s countrymade revolver jammed. As he stood steadfast, Jagtap was overpowered by policemen.
 
    The Taloja police have registered a case of attempt to murder against 38-year-old Jagtap and filed a plea for his custody in a Navi Mumbai court. Sources said Jagtap, a professional killer, was promised Rs 5 lakh for Salem’s planned assassination. Salem, who is in jail in connection with the 1993 Mumbai serial blasts and several murders, was taken to J J Hospital and after treatment ferried back to Taloja prison.
 
    Meanwhile, on Friday, various theories emerged on the motive behind the murder bid and on how Jagtap managed to smuggle a gun into the jail. According to one theory, the firearm was delivered “two months ago by an undertrial, Manoj Lahne, lodged at Taloja jail and hidden by Jagtap”. Navi Mumbai police commissioner A K Sharma said the weapon was smuggled into the jail some days ago, while another officer maintained: “Four days back, Jagtap’s cell was searched but nothing improper was found.” 

    Another theory, based on his in
terrogations, held that Jagtap was passed the revolver on Thursday when he visited Mumbai sessions court for a hearing. At the court, sources said, Jagtap met “his gang boss, Santosh Shetty”, who was extradited from Thailand in 2011 over charges of murder and extortion. Shetty reportedly celebrated his “birthday at the court premises and distributed cake”. Jagtap might have smuggled the gun into the jail, sources said, either by strapping it to his leg or with the cake. The Navi Mumbai crime branch is probing the claim that Jagtap also met his wife and three others at the court.  Jagtap entered the underworld under ganglord Bharat Nepali and after Nepali’s killing shifted loyalties to Vijay and Santosh Shetty. 

    Meanwhile, state home minis
ter R R Patil said additional director general (prisons) Meeran Borwankar will hold a probe into the murder bid on Salem. “Responsibility will be affixed and stringent action, including dismissal, taken against those found guilty.” Patil had a closed-door meeting with ATS chief Rakesh Maria on Friday morning and in the evening with Borwankar.  Borwankar conceded that security at Taloja jail had been breached. Its anda cell had no CCTV cameras, unlike many jails in the country. 

    An old inmate at Taloja jail, Jagtap has a good rapport with the guards there. “This is the reason he was not frisked properly at the jail gate and the gate of the anda cell, where he was lodged. On nearing Salem’s cell, he hurled abuses at the don and opened fire.” said an officer.
 
Lawyer to seek repatriation C ontending that Abu Salem has not been protected as was promised to Portugal during the gangster’s extradition, his lawyer has said they will move the European nation for his repatriation. Lawyer Saba Qureshi told PTI that one of the conditions of Salem’s extradition was that he would be protected. “This condition stands violated as he has been attacked inside a jail. We plan to seek the intervention of the authorities in Portugal to have Salem repatriated.” Salem, an accused in the 1993 Mumbai serial blasts, was extradited from Portugal on November 11, 2005, after a prolonged legal battle. TNN 
 Security audit at jail T he prison authorities are conducting a “security audit” at Taloja jail after an attempt on Abu Salem’s life. Many changes in the security system are likely soon, said officers. Taloja houses many hardened gangsters, among them Salem aide Mehdi Hasan, D-gang member Riyaz Siddiqui, former MLA Arun Gawli and others convicted of the murder of Shiv Sena corporator Kamalakar Jhamsandekar. TNN 
The Times of India, June 29, 2013

Salem escaped this time, but we’ll not spare him: Shakeel




4 Staffers Of Taloja Jail Suspended


Mateen Hafeez & S Ahmed Ali TNN

Mumbai: A day after underworld don Abu Salem was shot at in Taloja jail, a red-faced state government instituted an inquiry and suspended four prison staffers, including a jailor, for dereliction of duty. Around 8pm on Thursday, Salem was fired at by Devendra Jagtap alias JD in the prison’s high-security ‘anda cell’. 

    On Friday, various theories emerged on the motive behind the murder bid and on how Jagtap managed to smuggle a gun into the jail.
Police sources said the hit might have been ordered by Dawood Ibrahim aide Chhota Shakeel through Vijay Shetty, who is reported to be in Malaysia. Shakeel told TOI that Salem had ditched ‘bhai’ (Dawood) by tying up with Chhota Rajan and that he wouldn’t be lucky the next time.

The Times of India, June 29, 2013

Friday, June 28, 2013

Abu Salem gets shot in the arm




Abu Salem at NMMC Hospital, Vashi, on Thursday night



Mateen Hafeez TNN


Mumbai: A Bharat Nepali gang member, Devendra Jagtap, alias JD, fired a round on extradited gangster Abu Salem on the Taloja Jail premises late on Thursday. Salem was hit on the arm and was taken to hospital. The Kharghar police are probing how Jagtap managed to get hold of a firearm inside the jail.
   

 Sources said Salem was recently shifted from the highly guarded ‘anda cell’ to the general barracks. “Jagtap pulled out a revolver and fired at Salem after a heated argument. It seems to be a supari case,” said a source. Dawood Ibrahim’s lieutenant Chhota Shakeel has claimed responsibility for the attack on Salem.  

D-Gang behind attack, TOI told
    India’s most wanted criminal Dawood Ibrahim is behind the attack on Abul Salem. His right-hand man Chhota Shakeel said so in an exclusive phone conversation with TOI on Thursday night.  Jagtap is an accused in the killing of Chhota Rajan’s key man Farid Tanasha in Chembur in 2010. Originally from Mulund, Jagtap is involved in
at least half a dozen cases. He joined the underworld with the Chhota Rajan gang, but shifted loyalties to the Nepali gang.
 

   “Salem’s statement is being recorded; Jagtap has been taken into custody by the Khargar police for attempt to murder. We are yet to reach a conclusion on what sparked the fight,” said an officer. Salem’s condition is said to be stable.
 

   Salem was transferred from Mumbai’s Arthur Road jail to Taloja in July 2010 after he fought with 1993 Mumbai blasts accused Mustafa Dossa, who is considered to be an unchallenged don in jails. Dosa had beaten up Salem and his cronies.
Inputs by S Ahmed Ali

 

PAST ATTACK ON SALEM
On July 25, 2010, Salem was assaulted by 1993 blasts accused Mustafa Dossa inside Arthur Road jail. Accusing Salem of ratting on him to the jail authorities, Dossa had attacked the gangster with a sharpened knife

 

BIG NAMES BEHIND BARS Situated 50km from Mumbai, the Taloja jail is home to several high-profile prisoners, including murder convict Arun Gawli, Chhota Rajan gang member D K Rao, D-gang’s deported member Riyaz Siddiqui, extradited gangster Abu Salem, 10 members of Abhinav Bharat gang, suspected to be involved in the 2008 Malegaon blast, more than 30 accused in the 2006 Aurangabad arms haul case, 5 accused in the 13/7 Mumbai blasts case and more than 20 members of Indian Mujahideen




The Times of India, June 28, 2013

Doc molests 14-yr-old at St George’s


 Mateen Hafeez TNN


Mumbai: A 28-year-old doctor of St George’s Hospital has been sacked for molesting a 14-year-old patient in front of her 68-year-old grandmother in the hospital, who had to be admitted to the ICU after witnessing the incident. 

    The MRA Marg police have registered a case of molestation and are on the lookout for the accused, Akshay Ahirrao, who is allegedly trying to flee the country and is scheduled to leave for Singapore on June 29. The girl along with her grandmother had come to the hospital on June 21 for a checkup as she was suffering from high fever. P 8


Molested girl’s grandma shocked, admitted in ICU

Mateen Hafeez TNN


Mumbai: The MRA Marg police are looking for Akshay Ahirrao, the St George’s Hospital doctor accused of molesting a Class IX student. The 14-year-old victim’s relatives approached hospital authorities, who assured them of stern action against the doctor and sacked him.
 
    A source said Ahirrao has approached the Medical Councilof India (MCI). “The girlwas admitted after the doctor stated that she needed medicines and hospitalization on June 21. Next day, he called her into the checking room while there was no female staff present. Only her grandmother was standing nearby,” said a relative of the victim. “The doctor molested the girl and seeing this, her grandmother fell sick and had to be admitted to ICU.” 

    The relative said the doctor tried to molest the girl again, but by then she had started refusing to be examined by him.
“We approached the hospital’s superintendent, Dr J B Bhawani,who assuredcompletecooperation tous and action against Ahirrao. The girl is going through severe trauma and is not talking to anyone. We have been visiting this hospital, but such an incident has happened for the first time,” said another relative.
 
    The hospital authorities acted fast on the complaint. “We have terminated Dr Ahirrao’s services for misbehaving with a female patient,” said Dr Bhawani. “We are not aware of what exactly happened. We have handed over CCTV footage to the police. As per our knowledge,Ahirraois married andhailsfrom Ulhasnagar.”
 
    Relatives of the victim insist the police should work hard to arrest Ahirrao before he leaves for Singapore, as planned. “The police have registered a criminal case. Now they can issue a lookout notice to the airport so that Ahirrao can be caught if he tries to flee thecountry,” said a relative.

 
The Times of India, June 28, 2013

Thursday, June 27, 2013

Process to nab two Bulgarian suspects begins


Mateen Hafeez TNN

Mumbai: The city police have begun efforts to catch the two Bulgarians who allegedly ‘hacked’ into an ATM kiosk at Colaba and withdrew Rs 15.5 lakh from 39 bank accounts, including of 14 policemen. A Letter Rogatory has been sent to the extradition cell for forwarding to the “CBI Interpol wing and then to Greece”.
 

    The Bulgarian nationals have been identified as Tsenev Yulian Georgiev (27) and Elin Pelin (26), both resident of Sofia. They are suspected of installing a skimming device at an Axis Bank ATM kiosk and copying the card details of as many as 986 cardholders.
 

    “As per the information unearthed so far, the two first installed the skimming device on April 7 and removed it on April 12,” said a senior police officer. “They fitted it again in the same ATM on April 13 and took it off on April 19, the day they left India.” Each installation and removal was performed between 10.30pm and 11pm.
 

    The fraud came to light this month when a few policemen complained about money getting deducted from their accounts though they had not use their cards. The bank credited the money to their accounts and lodged an FIR at Colaba police station.
 

    Using the card data stolen from the Colaba ATM, the fraudsters withdrew a total of around Rs 15.5 lakh from eight ATM kiosks in Greece. Officers said the ATMs belong to Bank of Cyprus Public Company, Panellinia Bank SA, Probank, Banco Dominicano Del Progreso, Citibank International Plc, Piraeus Bank, National bank of Greece and Emporiki Bank of Greece.
 

    Police officers said the two suspects stayed at Apollo Hotel and Suba Palace in Colaba, Ibis Hotel near the domestic airport, and Four Seasons at Worli. “We have got photocopies of their passports. Hotel staffers have verified their stay. We have many witnesses who can identify the two once they are in custody,” said an investigating officer. The police inquired about the suspects at 45 hotels and lodges in Colaba, Cuffe Parade and Marine Drive before they had some success. 

    India has an extradition treaty with Bulgaria, said police officers, and hence the extradition of the two suspects may happen once they are traced. As evidence, they have got images of the two men at the ATM kiosk, their form ‘C’ copies submitted at hotels, CCTV footage from a hotel and the like. “The two contacted someone by making a call through the Bulgarian service provider Cosmo Bulgaria Mobile. We are trying to find out why they did so,” said a police officer. 


The Times of India, June 27, 2013

Court bars trustees from Fort college

NOTICE TO 12 PERSONS

 

Mateen Hafeez TNN


Mumbai: The Esplanade court on Wednesday issued a notice to 12 people including trustees of Siddharth College, instructing that they cannot enter the institute premises until further order. 

    Astruggle to control the Fort college has been going on between two warring Dalit factions. After the police filed a report in the court, the latter passed an order on June 28 say
ing that the two presidents of the college, trustees and some others cannot enter the institute’s premises. The matter will be heard on June 28.
 
    In June last year, 51 members of the Prakash Ambedkarled Bharipa Bahujan Mahasangh were arrested by the Azad Maidan police for allegedly trying to barge into the college over a governing body dispute and injuring eight cops in the process. The police had said that at the time of the incident more than 200 people had gathered outside the college that is run by the People’s Education Society. The mob tried to enter the society’s office located in the college building, the police said. 
 
The Times of India, June 27, 2013

Doc frames former colleague of raping own daughter, held

CRIME IN CYBER WORLD BUSTED

 

Mateen Hafeez TNN

Mumbai: The city’s cyber crime investigation cell on Wednesday arrested the forensic department chief of Latur’s science laboratory, following a complaint by a former colleague. The accused, Dr Chandrakant Dode (54), a surgeon, had sent an email to forensic doctors across the country, accusing the complainant of raping his own daughter. 

    Dode told the police that he cooked up the allegation after being denied a promotion. Himanshu Roy, joint commissioner of Mumbai crime branch, said, “We received a complaint about this case. It’s a serious offence. We assigned this case to the cyber cell and the officers have arrested the accused. We have filed the chargesheet against the accused.”   The police said the complainant, a senior surgen posted in Mumbai, was in trauma after he learnt about the email. 
 
    The police said Dode, who was earlier posted at JJ Hospital in the city, had sent the email to at least 55 doctors. “Dode wrote an email stating that the complainant had raped his own 22-year-old daughter. Dode had sent the email through a fictitious ID. We arrested Dode on
Wednesday. Our 424-page charge sheet contains concrete evidence against him,” said senior inspector Mukund Pawar who heads the cyber cell. The probe was supervised by additional commissioner Niket Kaushik. 

    Pawar said the email, sent on June 10, 2012, had a news story with headline, “Doc father rapes 22-year-old daughter in Mumbai.” Pawar said the news item had, in fact, appeared in an English newspaper relating to a
case in Indore. “Dode had copied the news item and edited it, putting the complainant’s name in the place of the accused. He even copied readers’ comment from the real story and pasted it in the edited/fake story. Dode even asked the email recipients to comment on it,” added Pawar. 

    More than 79 people from the UK, US, India and Pakistan commented that the rapist father should be hanged.  Dode had operated the fictitious email account from his office. His personal computer and the office computer’s hard discs have been sent for forensic analysis. The police have 18 witnesses against Dode in this case. 
 
The Times of India, June 27, 2013

Tuesday, June 25, 2013

PIL seeks info on top police officers


 

MALEGAON BLASTS

Mateen Hafeez TNN


Mumbai: Muslim-e-Hind, an NGO, filed a PIL in the Bombay high court seeking a first information report, arrest and suspension of several police officers who were directly or indirectly involved in the investigation of 2006 Malegaon serial blasts. The NGO said that the ATS had falsely implicated nine Muslim youths where as the Hindu hardliners were involved in the blasts.

    The PIL has named the then ATS chief K P Raghuvanshi, the then DIG Subodh Kumar Jaiswal and the then Nasik rural SP, Rajvardhan Sinha and urged the HC to instruct the state to
set up an SIT to investigate these officers.
 
    The PIL was filed on June 18 and will be heard on June 26. Malegaon residents had raised doubts about the ATS theory that the local youths were responsible for the September 2006 blasts. 
The Times of India, June 25, 2013 

..................................................................................................

On June 24, 2013, Advocate Ejaz Naqvi and Advocate Aasif Naqvi along with Ameen Idrisi (presient Muslim-e-Hind, an NGO) called a press conference at the Press Club, Mumbai at 3 pm and spoke about a PIL that they filed on June 14, 2013before the Bombay High court. They issued a Press Note and also provided a copy of the PIL.




                        PRESS NOTE

The said criminal PIL shall come up for hearing on 26/6/13 before Hon. Justice PV Hardas and Hon . Justice GS Patel of Bombay High Court.

Sayyed Ameen Mustafa, District President of the NGO named Muslim e Hind has filed Criminal PIL no. 29/13 (stamp) through Adv. Ejaz Naqvi against  1- RAJVARDHAN (Then the Superintendent of Police, Malegaon, now Additional Commissioner of Police, Economic Offices Wing, Mumbai The initial investigation was carried out under his supervision. According to Abrar Ahmed, whom the Anti Terrorist Squad showed as approver in the Malegaon 2006 blasts case, Rajvardhan tried to induce him to frame innocent Muslims but later implicated him too. In an affidavit on April 18, 2009, Abrar alleged that a conversation he had overheard about some Hindu people having executed the blasts, he was taken on September 13, 2006, to the office of Rajvardhan, who allegedly told him Hindus and Muslims were jointly behind the attack, offered him property and money in lieu of confession, and told him to be a witness.

Abrar's affidavit says a September 2006 trip with his wife, allegedly under Rajvardhan's instructions, to Nashik, Jhavra, Indore and some temples in Ujjain, during which he claims policemen photographed and videographed their meetings with a sadhu, a sadhvi and others. It says Rajvardhan had given him a mobile and told him in October to get people he trusted to call him on that number and read out some written statements, which Abrar was to record. It describes an October 2006 trip to Dhule, Indore, Nashik and Deolali, again with his wife. Rajvardhan allegedly met them in Nashik on October 25, told him Abrar's brother had filed a case accusing the officer of kidnapping the couple, and asked them to deny this in court. Abrar, later taken into custody in Mumbai, alleges Rajvardhan then promised him money, bribed his brother-in-law and father-in-law in 2007, and tried in 2009 to get him to sign on some papers. Abrar's wife has since divorced him… 2-K P RAGHUVANSHI, then Chief A.T.S., now Commissioner of Police Thane.

Raghuvanshi has been named by several of the nine arrested as having been aware that his junior officers were torturing them. Anti Terrorist Squad approver Abrar Ahmed has also alleged in interviews to the media that when he was taken from the Anti Terrorist Squad Kalachowkie unit to its Nagpada headquarters, he was offered Rs 5 lakh for helping the police. In his affidavit, Abrar has alleged that Raghuvanshi met him several times in jail and threatened him in an attempt to get him to sign some papers. Raghuvanshi, given charge of the Maharashtra Anti Terrorist Squad when it was formed on July 8, 2004, headed the probes into the 2006 Aurangabad arms haul, serial train blasts and the September 8 Malegaon blasts that year. Following Anti Terrorist Squad chief Hemant Karkare's death in the 26/11 attacks, Raghuvanshi was once again posted as Anti Terrorist Squad chief and probed the 2008 Malegaon blast case in which Karkare had unearthed the involvement of a Hindu terror network. 3- P S PASRICHA, Then Director  General of Police, Maharashtra; now holding post of Chairman of Nanded Sikh Gurudwara Commistte. Anti Terrorist Squad chief Raghuvanshi reported to Pasricha, who briefed the media on developments and arrests. At a press conference at state police headquarters on November 27, 2006, Pasricha announced that the case had been solved, and blamed the terror attack on former SIMI members who wanted to create communal tension. Following his retirement, Pasricha served as a chairman of the Nanded Takht (Sri Hajur Sahib). 4- SUBODH KUMAR JAISWAL, Then Additional Commissioner of Police, Anti Terrorist Squad; now joint secretary, cabinet secretariat, Govt of India. He was then Anti Terrorist Squad chief Raghuvanshi's deputy. He has been named by Abrar Ahmed as one of the officers who offered him inducements to make him implicate innocent Muslims. Abrar has alleged Jaiswal met him in jail/Custody several times. Several accused have also alleged Jaiswal was aware of junior officers torturing them. 5-JAIJEET SINGH, Then Additional Commissioner of Police, Anti Terrorist Squad; now Inspector Genral, National Terrorist Response Office. He was another of Raghuvanshi's deputies. On December 13, 2006, Singh instructed assistant inspector Sadashiv Raghunath Shelar of the Anti Terrorist Squad technical cell to retrieve records of a call from the mobile number 9823436809 (which approver Abrar Ahmed has alleged Malegaon SP Rajvardhan had given him). Mr. Shelar, who intercepted the call on October 7, 2006, has claimed he "found the call to be incriminating as the calling party was abusing the target and was also talking about removal of some objects". Abrar has alleged that it was on instructions from Rajvardhan that he had got a friend, Hamid Husain Javed Iqbal, to call him on that number and read out from a note given to him. Several accused have alleged that Singh, too, was aware of his junior officers torturing them.

6- BRIJESH SINGH Then Deputy Commissioner of Police, Zone 1 Mumbai; now Additional Commissioner of Police (traffic), Mumbai.

7. KISAN SHENGAL

Then Assistant Commissioner of Police, Anti Terrorist Squad; now retired. He was the investigating officer of the 2006 Malegaon blasts case, and is the officer responsible for filing a chargesheet in the special MCOCA court. Recently, the Maharashtra Anti Terrorist Squad, in an affidavit submitted to the Bombay High Court, opposed an appeal filed by the accused in the 7/11 train blasts of 2006, seeking the examination of seven witnesses including Shengal who had filed a chargesheet stating the the RDX left over from the train blasts was used for the Malegaon blasts. Whereas the NIA too has failed to detect the source of the RDX and IED. And the Lt. Col. Prasad Purohit has given statement to Army Enquiry that he has supplied the RDX from 2006 onwards.

He has too faced departmental enquiry by the new A.T.S. Chief Hemant karkare, but after death of the Hemant Karkare, he has suppressed all of his mis deeds.

8. ARCHANA TYAGI Then Superintendent of Police, Thane (Rural); now Special Inspector General of Police (admin), Maharashtra Police HQ
She recorded the confessional statement of one of the Malegaon blasts accused, Mohammed Zahid Abdul Majid Ansari, under MCOCA. Zahid has since claimed that he could not have planted bombs (the harge against him) as he was at a mosque in Yavatmal district, miles from Malegaon, when the explosions took place. 12 witnesses have given statement in that respect to NIA.

9. AMITABH GUPTA. Then Deputy Commissioner of Police, Zone 9 Mumbai; now special Inspector General of Police (training), Maharashtra
He recorded the confessional statement of Shabbir Ahmed Masiullah, witnesses have given statement in favour of Shabbir that he was in Khatkopar crime branch custody , page number 18 of NIA charge sheet.

10. DHANJAY KAMALAKAR Then Deputy Commissioner of Police, Mumbai crime branch; now Special Inspector General of Police, Nashik.

11. NIKET KAUSHIK
Then Deputy Commissioner of Police, Zone 6 Mumbai; now Additional Commissioner of Police (crime), Mumbai
He recorded the confession of Raees Ahmed Rajab Ali Mansoori, who too has alleged he was made to sign documents prepared in advance as per NIA chargesheet.

12. NAVAL BAJAJ, Then Deputy Commissioner of Police, Anti Terrorist Squad; now Additional Commissioner of Police, Special Branch, Maharashtra
One of the supervising officers in the 2006 Malegaon blasts probe he has tortures the muslim accused, who have no clue about the blast.

13. S D BAVISKAR. Then Deputy Commissioner of Police, Anti Terrorist Squad; now Superintendent of Police (Anti-Corruption Bureau), Aurangabad.
One of the senior officers in the 2006 Malegaon blasts probe. Appointed to the IPS from the Maharashtra Police Service on May 13, 2013. witnesses have given statement in that respect to NIA and stated that Malegaon muslim accused were not present on the spot.

14. RAMAN TYAGI. Then Deputy Superintendent of Police, Central Bureau of Investigation Special Task Force; now retired

The Maharashtra government transferred the blasts case to the CBI on December 21, 2006, even as the Maharashtra Anti Terrorist Squad filed a chargesheet against the nine arrested and a five others. Raman Tyagi led the probe by the CBI's STF. Its probe mirrored that of the Anti Terrorist Squad, and the CBI filed a supplementary chargesheet on February 11, 2010, attaching forensic reports and additional witness statements to build its case against those chargesheeted earlier by the Anti Terrorist Squad.

15. SANJEEV DAYAL. Then Additional Director General (law & order), Maharashtra; now Deputy General of Police, Maharashtra…
The above officers role and investigations were found to be full of Pandora box and lies and filled with communal flavor against a section of the society. Petitioner and his NGO claims that the above officer are simply anti minority.
For suspending the Above officers and initiating F.I.R. against them u/s  177, 181, 330 of IPC, for taking forcible confessional statement of the 9 accused and giving false statement before the court.

15.  Chagan bhujbal for not monitoring the investigation properly,

Lt. Col Prasad Shrikant Purohit for supplyind RDX to right wing hindutwa terrorist.

It is all about Malegaon 2006 blast:- There was 3 Blast in Malegaon on muslim religious day known as shabe-Raat i.e. on 8/9/06. The explosions, which caused the deaths of at least 37 people and injured over 140 or more, two blast took place in a Muslim cemetery kabarastan, one explosion happened adjacent to a mosque, at around 13:15 local time after Friday prayers on the Shab e Bara'at holy day. Most of the blast victims were Muslim pilgrims. Security forces spoke of "two bombs attached to bicycles", but other reports indicated that three devices had exploded. A stampede ensued after the devices exploded. A curfew was imposed in the town and state paramilitaries were deployed in sensitive areas to prevent unrest. Then Maharashtra Chief Minister Vilasrao Deshmukh promised compensation payments of Rs 1,00,000/-to the next-of-kin of the deceased.
  1. Whereas the Relatives of victims cancelled the compensation payments of Rs 1,00,000  immediately.
  2. Prime Minister Manmohan Singh  & home minister Home Minister Shivraj Patil condemned the blasts and appealed for calm, said the incident seemed designed to "divide the various sections of the public.
on 10 September 06, news channel  news channel NDTV reported it had learnt that investigators had identified the owner of one of the bicycles on which a bomb was planted On the same day, police released sketches of two suspects wanted in connection with the bomb attacks. On 11 September, Maharashtra Director General of Police P. S. Pasricha said that the officers investigating the Malegaon blasts probe had gained vital leads and expressed confidence that a breakthrough will be achieved soon.

On 30 October, Times of India reported that first arrest is made in Malegaon blast case. This is the arrest of Noor-Ul-Hooda, an activist of SIMI The DGP of Mumbai, Mr. Pasricha said the they are very close to crack the case and the two other suspects are Shabeer Batterywala and Raees Ahmad (As per NIA Charge Sheet Shabbir was in Ghatkopar Crime Branch custody ).On 30 October, many other news media reported from Mr. Pasricha saying that this is the first arrest. An earlier news in Indian express that twenty arrests have been made has not been confirmed by any media including Indian Express. Yahoo news publishes the story with headline first arrest. On 6 November the times of India reported from Anti Terrorist Squad (ATS) that the prime conspirator Shabbir Batterywala is an operative of Lashkar-e-Toiba /[LeT] and the co-conspirator is Raees Ahmad is from SIMI.

But the NIA (Nation investigation agency ) had took over investigation from CBI in the year April 2012. And thoroughly investigated the same on the basis of one confessional statement of the one Aseemanand and Statement of one Lt. Col. Purohit before  Court of Enquiry of Indian Army.

Hence the NIA has filed charge sheet on 22/5/13 before Mumbai Special NIA /CBI judge Prithvi Raj Chavan (when Court was vacant)against (Second lott of accused)
1). Ram Singh Narwaria, a labourer, aged 32 years of indore, MP (Acused no. 14)
                        2). Rajendra Chaudhary, labourer , aged 30 years of indore, MP
(Acused 15)
                        3). Dhan Singh , aagriculturist, aged 33 years of indore, MP,
(Acused 16)
4). Lokesh Sharma , Pujari, aged 35 years of indore, MP…
(Acused no. 17)
                        5). Sunil Joshi, age not known, of Dewas, MP,
(as accused  no. 18) wanted /dead
6). Ramchandra Kalsangra, age not known, of indore, MP,
(as accused  no. 19) wanted
7). Ramesh Mahalkar, age not known, of nanded, Maharashtra,
(as accused  no. 20) now wanted
8). Sandeep Dange, age not known, of indore, MP,
(as accused  no. 21) wanted accused..
u/s. 15 read with 16, 18, of Unlawful Activities Prevention  Act (UAPA) 1967, 302, 307, 324, 325, 326,  427, 436, 295, R/W 120-B., 153-A of IPC,  6(A) & 9(B) of Explosives act 1884,  Sec. 3, 4, 5, and 6 0f the Explosives Substances act 1908.

 In the charge sheet filed by the A.T.S. Mumbai, against the  first lott of accused person  Noor Huda Samsudoha (A-1), Shabbir Ahmed Masiullah (A-2), Raees Ahmed Rajjab Ali Mansuri (A-3), Dr. Salman Farsi Abdul Latif Almi (A-4), Dr. Farogh Iqbal Ahmed Magdumi (A-5), Shaik Mohd. Ali Alam Anamat Ali Shaikh (A-6), Aasif khan Basir Khan @ Jhunaid @ Abdulla (A-7), Mohd. Jahid Abdul Majid Ansari (A-8), Abrar Ahmed Gulam Ahmed (A-9), Riyad Ahmed Shafi Ahmed (A-10), Ishtiyaq Ahmed MohdIssaq (A-11), Munnawar Ahmed Mohammed Amin (A-12), Muzammil (A-13), evidences cited are:
a)      Confessions of the 04 accused persons, namely,  Mohd Jahid, Abrar Ahmed, raees Ahmed and Noor Huda Samsudoha under MCOC (all of them subsequently retracted from their confessions).
b)      Matching of the soil samples collected from the factory of accused Shabbir Masiullah with the soil sample found in the fake bomb recovered on 13/09/2006.
c)      Statement of the protected Witness A-369 recorded under the section 164 Cr.P.C.

viii) The earlier investigations of ATS and CBI focused primarily on the fake bomb recovered on 13/09/06 and linking the same with the accused persons. It is further revealed from the perusal of available records that the CBI could not find any additional evidence against the accused persons charge sheeted by ATS, Mumbai except the recorded conversation between accused Abrar Ahmed and Mohd. Jahid and filed a supplementary charge sheet accordingly.
 
 Ix ) During the NIA investigation review, scrutiny and analysis, of the available evidence documentary, oral, forensic and circumstantial collected during earlier investigations, was done. Before the further investigation of this case was handed over to NIA, Swami Aseemanand had made a confession in Mecca Masjid blast case (RC- 5(S)/2007/SC-III/CBI/ND that Sunil Joshi had told him that the bomb blasts at Malegaon were the Handiwork of his boys. In the said confessional statements Swami Aseemanand stated that the meeting has held in June,2006 at the  house of Bharat Rateshwar at Valsad. In that meeting, Aseemanand had suggested that Malegaon which has 86% Muslim population may be chosen first for bomb blast. Swami Aseemanand further stated that, Sunil Joshi had told him that during Diwali in 2006 his men have exploded bombs in Malegaon.

x) During further investigation, all the nine accused who were in judicial custody at that time were examined after taking the permission of this Hon’ble Court. All the accused who had earlier recorded their confessions under MCOCA stated that their confessions were recorded under duress and pressure and they denied to accept the contents of their confessional statement.
            It is evident from the case records that Abrar Ahmed was arrested by ATS, Mumbai on 16/12/2006. He gave  a confessional statement in this case implicating him and other co-accused persons arrested by ATS, Mumbai. His confessional statement was recorded by a DCP level officer of Mumbai Police on 19/12/2006 and 20/12/2006 and was subsequently confirmed before the CMM on 20/12/2006 as per the relevant provision of MCOC, Act 1999. On 21/12/2006 Abrar Ahmed moved an application before the Special Court for becoming approver in the case, which was heard and taken on record by the court on 22/12/2006. Subsequently on 18/04/2009 he submitted an affidavit before the court retracting from his earlier stated role in Malegaon bomb blast of 2006.

xi) protected witness C-3 and protected witness C-4 both are resident of Malegaon and were witnesses to the lifting of soil samples from the godown of accused Shabbir   Batterywala which had led to the detection of the case and arrest of the accused persons by ATS, Mumbai, were examined by NIA. They stated that they were not present at the time of the lifting of the above said samples.

xii) It was noted during further investigation from the available records that one of the above panch witness i.e. protected witness C-3 was shown present in the panchnama prepared by Shri N.P. Tandle, PI starting from 1215hrs to 2000hrs on 13/09/2006 regarding the seizure of fake bomb at Mohammadiya Masjid shopping complex. He was also shown present at 1630hrs on the same date in the panchnama regarding the seizure of the clothes of deceased persons prepared by Insp. B.M. Joshi at Special investigation Squad Office, Malegaon.

xiii) During further investigation it was noted that protected witness A-369, was a key witness in the investigation of ATS and, had earlier given the statement u/s 164 Cr.P.C. on 23/11/2006 to the fact that he had eye witnessed the preparation of bomb. The said witness was not traceable after recording the statement u/s 164 Cr.P.C. and despite all the efforts the CBI was not able to trace him. Protected A-369 was examined by NIA and he retraced from his statement-recorded u/s 164 Cr.P.C. on 23/11/2006. He stated that his statement was recorded under duress. He also stated that he had submitted an affidavit in the Allahabad Diwani Adalat on 16/01/2007 stating that aforesaid statement was recorded in which he has retraced from his previous statement recorded u/s 164 of Cr.P.C.

xiv) The accused Mohd. Jahid Majid Ansari is one of the planters of the bomb at Malegaon on 08/09/2006 as per investigation of ATS. Accused Mohd Jahid Majid Ansari had taken the plea that on the day of blast he was located at Fulsawangi Dist. Yavatmal which is about 400km from the blast site. In this regard 12 persons from Fulsawangi were examined and all them stated that accused mohd. Jahid was in Fulsawangi at the time and day of blasts at Malegaon. WHERE AS THE CBI Has been provided 50 peoples affidavit in this regard , but the CBI has destroyed the affidavit and intimidated the said witness.

xv) Shabbir Ahmed Batterywala has been charge-sheeted by ATS as one of the key conspirator in the present case. As per the charge sheet of ATS he procured the explosive material from Mumbai with the help of Md. Ali and Aisf Khan Bashir khan. He provided shelter to two Pakistanis and above noted two accused in Malegaon in the last week of July,2006 and also participated in the preparation of the bomb in his own Godown. As mentioned in the charge sheet submitted by the ATS, Mumbai n the last week of July, 2006, six bombs are prepared in the Godown of Shabbir Batterywala which were kept hidden in the Godown till four of them were used for causing bomb blasts on 08/09/2006. The remaining two bombs could not be recovered or accounted for during investigation. Just after few days the Crime Branch Mumbai i.e. on 12/08/2006 arrested him.

  
xvi) Further investigation by NIA has revealed that Shabbir Batterywala was brought to Ghatkopar crime branch office on 03/08/2006 and was interrogated by Mumbai police from 03/08/2011 till his arrest on 11/08/2006 in Ghatkopar crime branchin LAC-34/06 and remained in police custody of Mumbai police from 12/08/2006 to 25/08/2006. On the day of blast at Malegaon on 08/09/2006 he was in the judicial custody.

xvii) The evidence collected by NIA in further investigation is not in inconsonance with the evidences collected by previous investigation agencies.

xviii) During further investigation by NIA. It was revealed that arrested accused Lokesh Sharma (A-17) and wanted accused Sunil Joshi (A-18), Ramchandra Kalsangara (A-19), Ramesh Venkat Mahalkar @ Amit @ Hakla (A-20), arrested accused Dhan Singh Shiv Singh (A-16), Rajendra Chaudhary (A-15), Manohar Narwaria (A-14), had entered into criminal conspiracy to commit terrorist acts with an intention to strike terror in the minds of the people. They were making preparatory acts to commit terrorist acts, by arranging and imparting training in arms and assembling / making of the bombs (IEDs) at Bagli, Devas, M.P in the year 2006 to a group of persons under the supervision of the wanted accused Sunil Joshi (A-18 deceased), Ramchandra Kalsangara (A-19) and arrested accused Lokesh Sharma (A-17). This training was imparted to arrested accused Manohar Narwaria (A-14), Dhan Singh Shiv Singh (A-16), Rajendra Choudhary (A-15), wanted accused Ramesh Vankat Mahalkar @ Amit @ Hakla (A-20) and few other persons with the intention to commit terrorist activities at various Muslim religious places in India. At Bagli, demonstration of bomb explosion and training of firing from fire arms was imparted which later on culminated into explosions at four places at Malegaon on 08/09/2006.

xix) it is disclosed in the further investigation that all the accused used to congregate at a house located at Sarvasampann Nagar, at Indore, during June/ July 2006. In the said house equipments required for the preparation of IED were stored by wanted accused Ramchandra Kalsangara (A-19) and accused Ramesh Venkat Mahalkar @ Amit @ Hakla (A-20). The bombs were prepared in the said room by wanted accused Ramchandra Kalsangra (A-19), accused Ramesh Venkat Mahalkar @ Amit @ Hakla (A-20), and arrested accused Lokesh Sharma (A-17) under the guidance of wanted accused Sandeep Dange (A-21). The conspiracy was made to cause bomb blasts at Malegaon, Maharashtra in Muslim areas to cause death/injuries to people, damage to public property and, communal riots, by the senior members of the group viz. wanted accused Sunil Joshi (A-18 deceased), Ramchandra Kalsangara (A-19), Sandeep Dange (A-21). In the subsequent conspiracy meetings of the group it was decided to conduct reconnaissance at Malegaon to plan and execute the bomb blasts at Malegaon. Accordingly accused persons visited Malegaon thrice, before 8th Sept. 2006 on Fridays and did reconnaissance of the area where bombs were placed and blasted on 08/09/2006. During the third reconnaissance of the area where bombs were placed and blasted on 08/09/2006. During  the third reconnaissance trip, 7 days before the blast wanted accused Ramchandra Kalsangara (A-19), arrested accused Rajendra  Chaudhary (A-15), Manohar Nariwaria (A-14) and Dhan Singh Shiv Singh (A-16) went to Malegaon to select the spots to plant the bombs on 08/09/2006 i.e. on the day of Shab-e-Barat. It was decided to plant four bombs at selected places, at Malegaon.

xx) It is revealed in further investigation that on 07/09/2006 in the evening wanted accused Ramchandra Kalsangara (A-19), arrested accused Dhan Singh Shiv Singh (A-16), Rajendra Chaudhary (A-15) and Manohar Narwaria (A-14) started from the house at Indore where wanted accused Ramesh Venkat Mahalkar @ Amit (A-20) lived, after getting fresh in the Sulabh Sauchalaya in the Malegaon bus stand, arrested accused Rajendra Chaudhary (A-15) and Manohar Narwaria (A-14) went to purchase two bicycles. Wanted accused Ramchandra Kalsangara (A-19) and arrested accused Dhan Singh Shiv Singh (A-16) waited in the bus stand with four bombs in two bags. Arrested accused Rajendra Chaudhary (A-15) went to one cycle shop and purchased an Atlas Cycle in the name of Badal Yadav. Arrested accused Manohar Narwaria (A-14) went to another Cycle shop and purchased a Hero Jet Cycle in the name of the Sumer Thakur. After purchasing the cycles both came back to bus stand where wanted accused Ramchandra Kalsangara (A-19) and arrested accused Dhan Singh Shiv Singh (A-16) were waiting. One bag containing two bombs was hanged by arrested accused Dhan Singh Shiv Singh (A-16) on the cycle brought by arrested accused  Rajendra Chaudhary (A-15) Thereafter, arrested accused Rajendra Chaudhary (A-15) and Dhan Singh Shiv Singh (A-16) moved towards the Mushawart chowk, Malegaon as previously decided. Similarly other bag containing two bombs was hanged by wanted accused Ramchandra Kalsangara (A-19) in the bicycle brought by arrested accused Manohar Nariwaria (A-14) moved towards Hammidiya Masjid – Bada Kabrastan premises with the cycle as previously decided.

xxvii) During the course of further investigation, the important locations at Malegaon where the accused persons got down from the bus and the places where IED/bombs were planted have been identified by arrested accused Rajendra Chaudhary (A-15), Dhan Singh Shiv Singh (A-16), Manohar Narwaria (A-14). The spot identifications were done by the arrested accused persons after recording their disclosure memorandums. All the three arrested accused persons also identified the spot at the bus stand at Jalgaon where they got down from the bus and also the spot from where they broaded private bus to Indore after plantation of the bomb at Malegaon on 08/09/2006. All the four arrested accused persons were taken to Bagli where they identified the place of training camp in which the assembling of IED/bomb was demonstrated. They also identified the spot where the explosion of IED/bomb was demonstrated. A map from forest department, Bagli (M.P) indicating the above spot was collected during investigation. The arrested accused persons also identified the house where the bombs/IED used at Malegaon bomb blast was prepared.


TWO AGENCIES, TWO  DIFFERENT THEORIES
ATS
NIA
1. RDX was from Pakistan and was spare left after the Mumbai train blast (7/11)
1. RDX was supplied from where … silent/Mystery
2.  TIMER fitted in the blasts as IED within 12 hours of the blast in Malegaon
2. timer and IED was fitted before the 13 hours of blast at bagli Devas, MP
3. Masiullah was the key conspirator. Arranged accommodations for 2 Pakistanis.
3. Masiullah was in Mumbai crime branch custody from August 3, 2006.
4. Muslim youth carried out blasts and confessed to carrying out the attacks.
4. Confessions made under duress. Blasts carried out by Hindu terror operatives.
5. Fake bomb planted by Noor-ul-Huda.
5. No mention about fake bomb.
6. Jaheed Majid was one of the persons who planted the bomb.
6. J. Majeed was in Yavatmal, 500 km from Malegaon, and 12 persons vouched for it.
7. Six bombs were made.
7. Two bombs were not recovered.
8. A witness was present for the panchnama of fake bomb on September 13, 2006 between 12:15pm and 8pm.
8. The same person was present for another panchnama of the same case at another location at 4:30pm.
9. MCOCA applied to take confessional statement on muslim accused
9- UAPA (unlawful prevention of activities act) 1967 to new accused
10. organization named SIMI & Lashkare Taiyyaba was blamed
10. No organization was named by NIA
Whereas as accused Ramchandra Kalsangra and sandeep Dange belong to Abhinave bharat (they are also wanted accused  1 & 2 IN 2008 Malegaon Blast under MCOCA)


End thanks
Drafted from office of the Muslim Hind, an NGO
For Press meet out of the Cr. P.I.L. No. 29/13 (St).




 PUBLIC INTEREST LITIGATION FILED ON JUNE 14, 2013 IN THE MALEGAON SEPTEMBER 2006 BLAST CASES


IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public Interest Litigation No.     29       of 2013 (st)

SAYYAD AMEEN MUSTAFA
… Petitioner
VERSUS
ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents
I N D E X
Sr. No
 Particulars
Page Nos.
1.
Proforma
A to
2.
Synopsis
I to
3.
Memo of Petition
1 to
4.
Vakalatnama

5.
Memorandum of Regd. Address

6.
Lists of Documents

7.
Exhibit-“A” is the copy of the Chargesheet filed by the A.T.S. i.e. Respondent No.1

 8.
Exhibit “B” Copy of Operative part of the said charge sheet filed by ATS


Exhibit “C” Copy of Interview in OutlookIndia.com dated 09.07.2012.

9.
Declaration by Petitioner

10.
Affidavit in Support of Petition



IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public Interest Litigation No.    29       of 2013 (st)

SAYYAD AMEEN MUSTAFA
… Petitioner


.....................................................Advocate for Petitioner
VERSUS
ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents

...................................................Advocate for Respondents

PROFORMA

Office Notes. Office
Memoranda Appearance   of
Court’s orders          
Court or Judge Order





Office Notes. Office
Memoranda Appearance   of
Court’s orders          
Court or Judge Order





Office Notes. Office
Memoranda Appearance   of
Court’s orders          
Court or Judge Order




IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public Interest Litigation No.  29   of 2013

SAYYAD AMEEN MUSTAFA
… Petitioner
VERSUS
ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents

S Y N O P S I S

Sr
Date
Events
1
8.9.06
4 Blast took place near the Masque and Muslim Cemetry of Muslim religionists in the Malegaon town, Nasik on a certain religious day of shabe raat.
2
30.10.06
One 22 year alledged accused named Noorulhodda has been arrested and shown as key conspirator by the then D.G.P. , S.K. Pasricha. Pointed finger towards “A” team radicals.
3.
till Nov
2006
Total 6 accused has been arrested, all poor were having background  belonging to malegaon town, Nasik
4.
Dec. 2006
Later on two more arrests were made and Chargesheet has been filed against total 9 accused  of “A” team radicals
5
Feb. 2007
Charges were framed The team ‘A’ the orifinal accused by the Ld. SpecialJudge.
6
29.09.08
After two year one more blast occurred in malegaon town. Therein the Respondent no. 1 i.e. A.T.S. has specifically pointed finger towards “B” team radicals. And supposely “B” team radicals have confessed that they have excuted both 2006 & 2008 blasts.
7
JAN. 2011
The Reppondent no. 2 /C.B.I. has been ordered to investigation without any judicial order etc.
8
April 2011
Respondent no. 2 /C.B.I. has started investigation and  found that the findings of the Resp. No. 1 is true and filed it’s reports in the Special C.B.I. Court
9
April 2011
NIA has been asked to investigate the matter.
10.
Dec.
2012
NIA arrested Rajendra Chaudhary, Dhan Singh and Manohar, residents of Distt. Indore, Madhya Pradesh. Further investigation by NIA revealed that Rajendra Chaudhary, Dhan Singh, Manohar and Ramchandra Kalsangra had planted and caused four bomb blasts in Malegaon on 8th September, 2006.
11
22.05.13
A Charge sheet has been filed by the Respondent no. 3 i.e. NIA against the Four persons of the “B” team.
12.
11/6/13
Hence this Petition in the interest of fundamental rights of the victims.

POINTS TO BE URGED:-
At the time of Argument

Acts relied upon:-
a. Constitution of India,
b. Criminal Procedure Code,
c. Information Technology Act 2000

Authorities relied upon:-
 At the time of Argument
Place: - Mumbai
Date: -11/06/2013,                          
Advocate for the Petitioner













IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
CRIMINAL P.I.L.  NO.29      OF 2013, stamp

                                                                                                 District: Mumbai
IN THE MATTER OF PREAMBLE AND THE ARTICLES 21, 226 & 227 OF THE CONSTITUTION OF INDIA AND SEC. 482 OF THE Cr. P.C. AS AMENDED.
AND
THE RESPONDENT No. 1 i.e. A.T.S. ARE INDULGED IN FILING FALSE CHARGESHEET AGAINST THE ALLEGED MUSLIM ACCUSED in C.R. NO. 07/2006 OF AZAD NAGAR POLICE STATION, NASIK.
AND,
THE RESPONDENT  No. 2 i.e. C.B.I. (Central Bureau of Investigation) ARE ALSO INDULGED IN FILING FALSE CHARGESHEET AGAINST THE MUSLIM HINDU FANATIC ACCUSED IN C. R. NO. 07/2006 OF AZAD NAGAR POLICE STATION, NASIK.
AND,
THE RESPONDENT No. 3 i.e. N.I.A. (National Investigation Agency) ARE ALSO INDULGED IN FILING FALSE & HALF HEARTED CHARGESHEET AGAINST THE NEW HINDU FANATIC ACCUSED C.R. NO. 07/2006 OF AZAD NAGAR POLICE STATION, NASIK.
AND
ALL THE PREVIOUS ACCUSED HAVE ALLEDGED TORTURE AGAINST THE A.T.S INVESTIGATORS.
AND
NEW HINDU NAMED ACCUSED HAVE ALLEDGED  TORTURE AGAINST THE A.T.S INVESTIGATORS.
AND
THE B TEAM ACCUSED/ HINDU ACCUSED ARE WORKING UNDER DIRECTION OF COL. SHRIKANT PRASAD PUROHIT AND CAP. MANOJ UPADHYAY, WHO WERE PART OF THE ‘MILITARY INTELLIGENCE’ OF INDIAN ARMY.
                                   AND
COL. SHRIKANT PRASAD PUROHIT HAS ACCEPTED HIS ‘WORK’ & THAT THE DELIVERY OF RDX WAS HIS JOB ASSIGNMENT AND HE HAS DONE HIS DUTY UNDER INSTRUCTION OF THE GOVN. OF INDIA I.E. RESPONDENT NO.5


Sayyad Ameen Mustafa
Businessman aged about 30 years, Res. R.N. -65, Janta Colony, Galli No. 1, New Link Road, Kandivali(w), Mumbai-67
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… Petitioner

Versus


1
CHIEF /Addl. D.G.P. for A.T.S.
A.T.S. Office, Byculla, Mumbai for the State of Maharashtra
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2
Joint Director of C.B.I.
Kutub Mahal, Colaba, Mumbai,
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3
Suptd. Of Police, NIA (NATIONAL INVESTIGATION AGENCY)
7th Floor, MTNL Buildg., Cumbala Hill, Peddar Road, Mumbai
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4
The State of Maharashtra
Through Public Prosecutor, High Court, Bombay
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5
Union of India,
Through secretary of Ministry of Law Justice And Company Affairs, New C.G.O. Building, Maharishi Karve  Marg, Marine Lines, Mumbai
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6
RAJVARDHAN
Then Superintendent of Police, Malegaon; Now Additional Commissioner of Police, Police Commissioner office, Crawford Market, Economic Offices Wing, Mumbai, Maharashtra.
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7
K. P. RAGHUVANSHI
Then the Chief A.T.S., Maharashtra, Now Commissioner of Police, Thane Thane, Maharashtra.
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8
P. S. PASRICHA
Then Deputy General of Police, Maharashtra; Now retired, Getting commission salary +Pension
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9
SUBODH KUMAR JAISWAL
Then Additional Commissioner of Police, Anti Terrorist Squad; now joint secretary, Cabinet Secretariat, Govt of India
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10
JAGJEET SINGH
Then Additional Commissioner of Police, Anti Terrorist Squad, Now Inspector General, National Terrorist Response Office, A.T.S. Office, Byculla, Mumbai
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11
BRIJESH SINGH
Then Deputy Commissioner of Police, Zone 1 Mumbai, Now Additional Commissioner of Police, (Traffic) Mumbai, Maharashtra.
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12
KISAN SHENGAL
Then Assistant Commissioner of Police, Anti Terrorist Squad; now retired Pensioner
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13
ARCHANA TYAGI
Then Superintendent of Police, Thane (Rural), Now Special Inspector General of Police, (Admin) Maharashtra Police HQ, Mumbai
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14
AMITABH GUPTA
Then Deputy Commissioner of Police, Zone 9 Mumbai, Now Special Inspector General of Police, Police Commissioner office, Crawford Market, (Training) Maharashtra.
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15
DHANANJAY KAMALAKAR
Then Deputy Commissioner of Police, Mumbai crime branch, Now Special Inspector General of Police, Nasik, Maharashtra.
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16
NIKET KAUSHIK
Then Deputy Commissioner of Police, Zone 6 Mumbai; Now Additional Commissioner of Police, Police Commissioner office, Crawford Market, (Crime) Mumbai, Maharashtra.
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17
NAVAL BAJAJ
Then Deputy Commissioner of Police, Anti Terrorist Squad Now Additional Commissioner of Police, Special Branch, Maharashtra, Crowford market, Mumbai
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18
S D BAVISKAR
Then Deputy Commissioner of Police, Anti Terrorist Squad, Now Superintendent of Police, (Anti-Corruption Bureau), Aurangabad, Maharashtra.
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19
RAMAN TYAGI
Then Deputy Superintendent of Police, Central Bureau of Investigation, Special Task Force; now retired
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20
A N ROY
Then Commissioner of Police, Mumbai, Maharashtra; now retired
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21
Director General of Police,
Police Mukhalaya, Kalaghoda, Mumbai, Maharashtra.
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22
SANJEEV DAYAL –in person,
Then Additional Director General, (Law & order), Maharashtra; Now Director General of Police, Maharashtra.
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23
CHHAGAN R. BHUJBAL
then Home Minister,            Now PWD Minister, Mantralaya, Mumbai
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24
Prasad Shrikant Purohit, adult,
Former Lieutenant Colonel, Chief Military intelligence, ministry of Defence.
1). address as 76/21, Shanti Sheela Colony, Yarandwane, Pune -4
present address-
52/2, Kiran Colony, Army Education Corp, Panchmarhi, State of M.P.
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.. RESPONDENTS

TO,
THE HON’BLE THE CHIEF JUSTICE
AND THE OTHER HON’BLE JUDGES
OF THE HIGH COURT OF JUDICATURE
AT BOMBAY.
THE HUMBLE PETITION OF THE PETITIONERS ABOVENAMED.

MOST RESPECTFULLY SHEWETH:-
The Petitioners abovenamed states as follows:
1)    The Petitioners are social spirited patriot citizen of India and respectively residing at the address as mentioned in the title cause of the present Petition.  The Petitioners are law abiding, humble literate Common Citizen of secular Indian Society as tried to be established by the Indian Constitution. The Respondent No. 1 is the State Investigating Agency, which has investigated the present Malegaon Blast case from September 2006 to January 2011 having office as mentioned. Respondent no. 2 is the Central Bureau of investigation is involved in investigation from January 2011 to September 2011. Respondent No. 3 is special investigating Agency constituted under NIA Act 2009 having office as mentioned and involved the case till today. Respondent No. 4 is the State and responsible for implementing the Constitutional framework for taking care law and order for safe guarding people’s and Petitioners and the victims family’s well being in all circumstances according to the mandate of the Constitution and has undertaken to do justice. The Respondent No. 5 is the Union of India, being represented by the statutory authority as mentioned above. Respondent No. 6 is one officer RAJVARDHAN, then the Superintendent of Police, Malegaon, Now Additional Commissioner of Police, Police Commissioner office, Crawford Market, Economic Offices Wing, Mumbai, Maharashtra.  Respondent No. 7 is K. P. RAGHUVANSHI, Then  the Chief A.T.S., Maharashtra, Now Commissioner of Police, Thane, Maharashtra.  Respondent  No. 8      is P. S. PASRICHA  Then Director   General of Police, Maharashtra; Now retired, Getting commission salary +Pension address known to state of Maharashtra. Respondent No. 9. SUBODH KUMAR JAISWAL, Then Additional Commissioner of Police, Anti Terrorist Squad; now joint secretary,    Cabinet Secretariat, Govt of India. Respondent  No. 10.  JAGJEET SINGH, Then Additional Commissioner of Police, Anti Terrorist Squad, Now Inspector General, National Terrorist Response Office, A.T.S. Office, Byculla, Mumbai,Respondent  No. 11. BRIJESH SINGh, Then Deputy Commissioner of Police, Zone 1 Mumbai; Now Additional Commissioner of Police, (Traffic) Mumbai, Maharashtra. Respondent No. 12 KISAN SHENGAL, Then Assistant Commissioner of Police,          Anti Terrorist Squad; now retired Pensioner, has been involved in same type of registration of fake framing cases.      Respondent No. 13. ARCHANA TYAGI, Then Superintendent of Police, Thane (Rural), Now Special Inspector General of Police,(Admin),  Maharashtra Police HQ, Mumbai, Respondent  No. 14 is  AMITABH GUPTA, Then Deputy Commissioner of Police, Zone 9 Mumbai, Now Special Inspector General of Police, Police Commissioner office, Crawford Market,(Training) Maharashtra., Respondent  No. 15 is DHANANJAY KAMALAKAR   Then Deputy Commissioner of Police,  Mumbai crime branch, Now Special Inspector General of Police, Nasik, Maharashtra. Respondent  No. 16 is NIKET KAUSHIK, Then Deputy Commissioner of Police, Zone 6 Mumbai, Now Additional Commissioner of Police, Police Commissioner office, Crawford Market, Crime branch Mumbai, Maharashtra. Respondent  No. 17 is NAVAL BAJAJ Then Deputy Commissioner of Police,  Anti Terrorist Squad, Now Additional Commissioner of Police,      Crime Branch, Maharashtra, Crawford market Mumbai.  Respondent No. 18 is S D BAVISKAR Then Deputy Commissioner of Police,  Anti Terrorist Squad, Now Superintendent of Police , Anti-Corruption Bureau -ACB, Aurangabad, Maharashtra. Respondent  No. 19 is  RAMAN TYAGI the then Deputy Superintendent of Police, Central Bureau of Investigation Special Task Force; now retired. Respondent  No. 20 is A N ROY, then Commissioner of Police, Mumbai, Maharashtra; now retired. Respondent  No. 21 is Director General of Police, Police Mukhalaya, Kalaghoda, Mumbai, Maharashtra.  Respondent  No. 22 is SANJEEV DAYAL –in person, Then Additional Director General, (Law & order), Maharashtra, Now Director General of Police, Maharashtra. Respondent No. 23 is the person who was home minister and now PWD minister. Respondent no. 24 is the Army officer, working as chief of the Military Intelligence corp/ branch of the Indian army and arrested on charges of being involved in various blasts, but he has accepted his roles in the Departmental Enquiry and specified that he was supplying the explosive materials out of his duty.
2)    On 8 September 2006, There were 4 explosions by the RDX blasts near Muslim cemetery adjustment to mosque in Malegaon, District Nasik at around 1.20 p.m. just after /During the Friday afternoon namaz (muslim prayer etc.). On 08/09/2006, four bomb explosions (3 in Hamidia Masjid and 1 at Mushwarat Chowk) occurred in Malegaon Town, District Nasik Rural, Maharashtra. These blasts resulted in the death of 31 persons and caused injuries to 312 persons.  In the three Cases, - FIR No. 95/06 and 96/06 of PS Azad Nagar, Malegaon dated 08.09.2006 and FIR No 3088/06 dated 13/09/2006 of Police Station Malegaon City, were registered. Total victims were 162 out of that 37 were killed and rest got cured but became handicapped and still waiting for justice since then i.e. fundamental right as envisaged by the Constitution of India.
3)    Respondent No. 4, i.e., State of Maharashtra has given Rs. One lakh to the heirs of the dead persons and with assurance of speedy investigation.
4)    On 30/10/06 the first arrest was made of Noorul Hudda a 24 year labourer cum weaver as conspirator. Certain facts of the same were informed to the media by the then D.G.P. Dr. Pashricha that he has cracked the blast case. Subsequently, the Respondent No. 1 has shown arrested the other 8 individuals for carrying blast, conspiracy etc. and shown 8 others as wanted accused.
5)    The Respondent no. 1 had hurriedly arrested about 7 accused and subsequently Respondent no. 21, 22 illegally invoked M. C. O. C. A. Act against the accused probably take confessional statement. Primarily the Confessional statement has been retracted by the accused stating that signatures were taken under duress and under fear. Thses arrested accused were from the Malegaon town and were belonging to Muslim faith, they/accused here after shall be refferred as “A” team of the Blast.
6)    The Respondent no. 1 and the State of maharashtra has objected granting Bail facilities to the accused and not given discharge from September 2006 to December 2010.
7)    On 11/11/11 All the accused have been granted Bail by the Special Sessions Judge Y.D. Shinde, without objection of the Respondents.
8)    In another blast of the 2008 ( which occurred in Malegaon on 29/09/08) another accused named Aseemanand has provided leads and information and finally given confessional statement about involvment of one Ramesh Upadhyay, Sadhvi Pragya singh , Lt. Col. Prasad Shrikant Purohit as the main Conspirators in the 2008 Malegaon Blast. Hereinafter these Accused shall be refferred as “B” team of the Blast.
9)    The Respondent No. 6 RAJVARDHAN, then Superintendent of Police, Malegaon; now Additional Commissioner of Police, Economic Offices Wing, Mumbai. The initial investigation was carried out under his supervision. According to ‘Abrar Ahmed’, whom the Anti Terrorist Squad showed as accused-approver (later as Accused only) in the Malegaon 2006 blasts case, Rajvardhan tried to induce him to frame innocent Muslims but later implicated him too. In an affidavit on April 18, 2009, Abrar alleged that a conversation he had overheard about some Hindu people having executed the blasts, he was taken on September 13, 2006, to the office of Rajvardhan, who allegedly told him Hindus and Muslims were jointly behind the attack, offered him property and money, and told him he was a witness.
Further ..Abrar's affidavit describes a September 2006 trip with his wife, allegedly under Rajvardhan's instructions, to Nashik, Jhavra, Indore and some temples in Ujjain, during which he claims policemen photographed and videographed their meetings with a Sadhu, a Sadhvi and others. It says Rajvardhan had given him a mobile and told him in October to get people he trusted to call him on that number and read out some written statements, which Abrar was to record. It describes an October 2006 trip to Dhule, Indore, Nashik and Deolali, again with his wife. Rajvardhan allegedly met them in Nashik on October 25, told him Abrar's brother had filed a case accusing the officer of kidnapping the couple, and asked them to deny this in court. Abrar, later taken into custody in Mumbai, alleges Rajvardhan then promised him money, bribed his brother-in-law and father-in-law in 2007, and tried in 2009 to get him to sign on some papers. Abrar's wife has since divorced him.
10) The Respondent no. 7,  K P RAGHUVANSHI, the then Chief A.T.S.; now Commissioner of Police Raghuvanshi has been named by several of the nine arrested as having been aware that his junior officers were torturing them. Anti Terrorist Squad approver Abrar Ahmed has also alleged in interviews to the media that when he was taken from the Anti Terrorist Squad Kalachowkie unit to its Nagpada headquarters, he was offered Rs 5 lakh for helping the police. In his affidavit, Abrar has alleged that Raghuvanshi met him several times in jail and threatened him in an attempt to get him to sign some papers. Raghuvanshi, given charge of the Maharashtra Anti Terrorist Squad when it was formed on July 8, 2004, headed the probes into the 2006 Aurangabad arms haul, serial train blasts and the September 8 Malegaon blasts that year. Following Anti Terrorist Squad chief Hemant Karkare's death in the 26/11 attacks, Raghuvanshi was once again posted as Anti Terrorist Squad chief and probed the 2008 Malegaon blast case in which Karkare had unearthed the involvement of a Hindu Terror Network.
The Respondent no. 7, the K P RAGHUVANSHI Then Chief A.T.S. in the year 2008 and 2009 has all the information that accused of non muslim background are involved in the 2008 malegaon blast. Which information panicked him to loose his job and he left the A.T.S. and joined other deparment. But he keep on influencing the A.T.S. machinery and prosecution system so that Muslim accused in the Malegaon 2006 blast should not get bail. Phone calls Details of 2009 onwards of the I.O. shengal and Spl. P.P.  thakare shall reveal the consistent phone calls made by the Respondent No. 7, even though he was not concerned with the A.T.S.
Another accused Abrar has been routinely receiving Rs.  1100/- a month in the Arthur Road Jail reportedly sent by the A.T.S. Officers by way of money orders throught India post, this was also in knowledge of K.P. Raghuwanshi.
11) When the Petitioner no. 1 has started helping Salman Farsi (an accused in the Malegaon 2006 Blast),  then he has too been harassed by the Thane Police. Now-a-days, Raghuwanshi is harassing Masood Ahmed Laik Ansari  (brother of Salman Farasi and uncle of the Noorulhudda Ansari) to leave the Thane area, for which he has filed Criminal Writ Petition no. 1786/13.
12) The other Respondent no. 8 to 24 have jointly and deliberately in a common intention manupulated the wordings and furthered the illegal intention of the wrong doing police officers in framing innocents, their respective role is as below, which are alledged by the accused of the “A” team of the 2006 Malegaon blast;
a)    Respondent no. 8 P S PASRICHA, Then Director General of Police, Maharashtra; now retired Anti Terrorist Squad chief Raghuvanshi reported to Pasricha, who briefed the media on developments and arrests. At a press conference at state police headquarters on November 27, 2006, Pasricha announced that the case had been solved, and blamed the terror attack on former SIMI members who wanted to create communal tension. Following his retirement, Pasricha served as a chairman of the Nanded Takht (Sri Hajur Sahib).
b)   Respondent no. 9 SUBODH KUMAR JAISWAl, the then Additional Commissioner of Police, Anti Terrorist Squad; now joint secretary, cabinet secretariat, Govt of India
He was then Anti Terrorist Squad chief Raghuvanshi's deputy. He has been named by Abrar Ahmed as one of the officers who offered him inducements to make him implicate innocent Muslims. Abrar has alleged Jaiswal met him in jail several times. Several accused have also alleged Jaiswal was aware of junior officers torturing them.
c)    The Respondent No. 10 JAGJEET SINGH Then Additional Commissioner of Police, Anti Terrorist Squad; now Inspector Genral, National Terrorist Response Office.
He was another of Raghuvanshi's deputies. On December 13, 2006, Singh instructed assistant inspector Sadashiv Raghunath Shelar of the Anti Terrorist Squad technical cell to retrieve records of a call from the mobile number 9823436809 (which approver Abrar Ahmed has alleged Malegaon SP Rajvardhan had given him). Shelar, who intercepted the call on October 7, 2006, has claimed he "found the call to be incriminating as the calling party was abusing the target and was also talking about removal of some objects". Abrar has alleged that it was on instructions from Rajvardhan that he had got a friend, Hamid Husain Javed Iqbal, to call him on that number and read out from a note given to him. Several accused have alleged that Singh, too, was aware of his junior officers torturing them.
d)    Respondent no. 11,  BRIJESH SINGH Then Deputy Commissioner of Police, Zone 1 Mumbai; now Additional Commissioner of Police (traffic), Mumbai.

Abrar Ahmed has alleged that on December 20, 2006, he was taken to Brijesh Singh who, he says, took his signatures on 10-12 sheets and told him they were his release papers. Abrar says he was not allowed to read the papers, which were in Marathi, Hindi and English, and was not allowed to call his brother to read them either. Abrar has alleged Singh told him to keep quiet about this, and offered him land in any part of the country except Kashmir. Singh allegedly assured Abrar he would be released soon.
e)    The Respondent no. 12 KISAN SHENGAL, Then Assistant Commissioner of Police, Anti Terrorist Squad; now retired. He is anti-muslim officers he has wrongly framed all the muslim youths in the trail blast case and the other cases like 2008 malegaon blast case. He was the investigating officer of the 2006 Malegaon blasts case, and is the officer responsible for filing a chargesheet in the special MCOCA court. Recently, the Maharashtra Anti Terrorist Squad, in an affidavit submitted to the Bombay High Court, opposed an appeal filed by the accused in the 7/11 train blasts of 2006, seeking the examination of seven witnesses including Shengal who had filed a chargesheet stating the the RDX left over from the train blasts was used for the Malegaon blasts.
f)     The Respondent no. 13 ARCHANA TYAGI Then Superintendent of Police, Thane (Rural); now Special Inspector General of Police (admin), Maharashtra Police HQ. She recorded the confessional statement of one of the Malegaon blasts accused, Mohammed Zahid Abdul Majid Ansari, under MCOCA. Zahid has since claimed that he could not have planted bombs (the harge against him) as he was at a mosque in Yavatmal district, miles from Malegaon, when the explosions took place.
g)    The Respondent no. 14 AMITABH GUPTA, Then Deputy Commissioner of Police, Zone 9 Mumbai; now special Inspector General of Police (training), Maharashtra. He recorded the confessional statement of Shabbir Ahmed Masiullah, who has claimed he was in the custody of the Ghatkopar crime branch when the Malegaon blasts took place. Shabbir has alleged he was made to sign on a confession prepared in advance.
h)   The Respondent no. 15, DHANJAY KAMALAKAR Then Deputy Commissioner of Police, Mumbai crime branch; now Special Inspector General of Police, Nashik
He recorded the confessional statement of Farogh Maqhdoomi, who has alleged that the statement was prepared in advance and he was made to sign on it without being told what it was.
i)     The Respondent no. 16, NIKET KAUSHIK, Then Deputy Commissioner of Police, Zone 6 Mumbai; now Additional Commissioner of Police (crime), Mumbai. He recorded the confession of Raees Ahmed Rajab Ali Mansoori, who too has alleged he was made to sign documents prepared in advance.
j)      The Respondent no. 17, NAVAL BAJAJ, Then Deputy Commissioner of Police, Anti Terrorist Squad; now Additional Commissioner of Police, Special Branch, Maharashtra. One of the supervising officers in the 2006 Malegaon blasts probe.
k)     The Respondent no. 18 S. D. BAVISKAR, Then Deputy Commissioner of Police, Anti Terrorist Squad; now Superintendent of Police (Anti-Corruption Bureau), Aurangabad, Maharashtra. One of the senior officers in the 2006 Malegaon blasts probe. Appointed to the IPS from the Maharashtra Police Service on May 13, 2013.
l)     The Respondent no. 19, RAMAN TYAGI, Then Deputy Superintendent of Police, Central Bureau of Investigation Special Task Force; now retired.
m)  The Maharashtra government transferred the blasts case to the CBI on December 21, 2006, even as the Maharashtra Anti Terrorist Squad filed a chargesheet against the nine arrested and a few others. Raman Tyagi led the probe by the CBI's STF. Its probe mirrored that of the Anti Terrorist Squad, and the CBI filed a supplementary chargesheet on February 11, 2010, attaching forensic reports and additional witness statements to build its case against those chargesheeted earlier by the Anti Terrorist Squad.
n)   The Respondent no. 20 SANJEEV DAYAL, Then Additional Director General (law & order), Maharashtra; now Director General of Police, Maharashtra.
Though not directly involved in the Anti Terrorist Squad probe into the blasts, Dayal, using the powers vested in his post, granted the sanction for prosecution of the accused under MCOCA on December 19, 2006. According to the sanction document signed by Dayal, he was satisfied that prima-facie there was sufficient evidence brought on record to prosecute the accused. He was having all the relevent information and wrong and illigal framing  of muslims youths without any of their’s fault.
o)    The Respondent no. 21, A N ROY, Then Commissioner of Police, Mumbai;now retired, was having all the relevent information and wrong and illigal framing  of muslims youths without any of their’s fault.
p)    The Respondent no. 23 was the then Home Minister and has all the relvent information was having all the relevent information and wrong and illigal framing of muslims youths without any of their’s fault. He instructed to frame the accused into MCOCA so that illigalites could not come to light of higher court and the media at large.
q)    The respective role of the Respondent Police Officers at Sr No. 6 to Sr. No. 22 has been reported in the Indian Express English Daily, Mumbai Edition, dated 28.05.2013. A copy of the same is marked hereto and annexed as Exhibit “A”.
13) The Respondent No. 1 has arrested 9 accused in the Malegaon blast case i) Noorulhuda Ansari aged  28 years, ii) Salman Farsi aged about 30 years, iii)Shabbir ahmed aged 28 years, iv) Raees Ahmed, v) Mohammed Ali aged about 35 years, vi) Asif Khan aged about 30 years vii) javed Shaikh aged n.a. viii), Farugue Ansari aged n.a. and xi) Abrar Ahmed aged about 33 years for their alleged role in the Malegaon 2006 blast case. The common charge sheet has been filed in the In the three Cases, - FIR No. 95/06 and 96/06 of PS Azad Nagar, Malegaon dated 08.09.2006 and FIR No 3088/06 dated 13/09/2006 of Police Station Malegaon City. The Petitioner likes to rely on the operative part of the said charge sheet as Exhibit “B” against “A” class of accused in the same offence. The Petitioner craves leave to refer to and rely upon and furnish the 3 types of Entire Charge Sheet (1) Filed by ATS in 2006 (2) Filed by CBI in 2011 (3) Filed by NIA in 2013, if and all caaled for / directed / required by the Hon’ble Court as per the circumstances of the Case.
14) The Responded no .2 too have filed the chargesheet blaming the above 9 Muslim jailed individual as the conspirators of the Malegaon 2006 blast.
15)  The Respondent no. 3 has filed chargesheet in the vacant court of Ld. Special judge NIA Prithvi Raj Chavan, Mumbai against the arrested accused i). Rajendra Chaudhary, ii). Dhan Singh and Manohar, residents of Distt. Indore, Madhya Pradesh and 2 others. Further investigation by NIA revealed that Rajendra Chaudhary, Dhan Singh, Manohar and Ramchandra Kalsangra had planted and caused four bomb blasts in Malegaon on 8th September 2006. Part of the “B” team of the blast accused.
After completion of investigation on 22.5.2013, charge sheet against (i) Rajendra Chaudhary @ Dashrath @ Rajender @ Samandar Singh, son of Vikram Singh Chaudhary, resident of Dhakad Seri, Depalpur, Indore (MP), (ii) Dhan Singh son of Shiv Singh Chaudhary, resident of Hanuman Chowk, Hathod, District Indore (MP), (iii) Manohar son of Ram Singh Narwaria, resident of House No.39, Gurdakhedi, Hatod, Indore (MP) and (iv) Lokesh Sharma, Son of Gopalkrishan Sharma, House No.180, Sanghi Street, Mhow, District Indore (MP) has been filed in the Special NIA Court, Mumbai under section 15 read with 16, 18 of UA(P) Act, section 302, 307, 324, 325, 326, 427, 436, 295 IPC 120-B, 153-A IPC Section 6(A) & 9(B) of Explosive Act and section 3,4,5,6 of Explosive Substances Act. Investigation against absconding accused persons Ramchandra Kalsangra, son of Gopal Singh Patidar, resident of House No.21, Shanti Vihar, Kanadia Road, Indore (MP), Sandeep Dange, son of Vishwas Keshav Dange, resident of House No.360, Lokmanya Nagar Ramchandra Kalsangra, Amit Hakla and others still continues. Also There were efforts were made by the Respondent no. 3 to not avail whole charge sheet in public domain. Whereas Respondent No. 24 Mr. Prasad Shrikant Purohit (an Accused in 2008 Malegaon Blast as well) has confessed his role for participating right – wing terror outfit named “Abhinav Bharat” during his official duty in Indian Military Intelligence / as a Military Corp wherein according to prosecution the Accused has formed an Organisation named “Abhinav Bharat Trust”at Pune in 2006. Further Mr. Prasad Shrikant Purohit has also acknowledged his full fledged official role in such meetings of the said Organisation in his interview in OutLookIndia.com dated 09.07.2012. A copy of the said Interview of Respondent No. 24 is annexed hereto and marked as Exhibit “C”.
16) Petitioners say that the Respondent no. 4 and Respondent no. 5 are showing ill intention to protect the wrong doing Police men. The State Govn. and the Union Govn. Are keep on promoting the key Police men/Retired personnel’s viz Respondent no. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,  17, 18, 19, 20, 21, 22 and 24, who have illegally framed the muslim youths in the 2006 malegaon blast case. The said Respondents are involved in anti muslim, anti -minority and anti Human Rights acts. The said Respondents have no faith in the Constitution of India’s approach’s.  The Respondent has acted in conspiracy with each other  to frame innocents and worked/working in close coordination for fulfilling the same till date.
17) The Respondent no. 3 has been  little slow in the investigations against the “B” team of the accused. Unnecessarily adopting the tactics to delay the justice being done.
18) That The Petitioners crave leaves to add, alter or amend any of the grounds in the aforesaid Petition.
19) The Petitioner further submits that this Hon’ble Court have the Jurisdiction to entertain in the matter.
20) That The Petitioner has not filed any other petition in other court of India and also not petition pending in any other court of India.
21) The Petitioner has paid the fixed Court fees of Rs. 250/- to this Petition.
22) The Petitioner states that there is no delay or latches in approaching this Hon’ble court and the Petition is not barred by Law of Limitation.
23)  The Petitioner has signed and verified who is conversant with the facts of the case and able to depose of the same.
24) The Petitioner has signed the Vakalatnama annexed to the Petition.
25) The Petitioner will rely on the documents, a list whereof is annexed hereto.
26) The Petitioner, therefore, prays:-
a)    This Hon’ble Court be pleased to allow the Writ Petition and issue Rule;
b)    The Respondent No. 24’s Statement made before Departmental Enquiry Officer may be relied;
c)    This Hon’ble Court may pleased to interfere for the end of justice and to quash the legal proceeding against the ‘unwanted accused’ i.e. illegally framed accused in the present Case;
d)    The Hon’ble Court shall order against ‘prima facie guilty Police Officer’ involved in the faulty investigations for subjecting them to ‘Rule of law’ i.e.
i)     ‘Prima facie guilty Police Officer’ involved in the faulty investigations shall be subjected to departmental enquiry under monitoring of the two High Court Judges.
ii)    Respondent no. 4 shall register a cognizable offence u/s. 177, 181, 330 of IPC -1860 agianst the erring Officers and the said investigation may be conducted under monitoring of the two High Court Judges or Independent SIT may be formed for the said purpose;
iii)   Each of the prima facie guilty police officer shall be ordered to pay cash amount in such sum that each illegally framed victim shall received Rs. 1 Crore.
e)    The Hon. Court may pass such order against Respondent No. 4 & 5 to compensate the wrongly framed arrested accused (victims of illegal jail) in monetary as well as emotional terms to enable them to start good and respectful life.
f)     The Hon. Court may pass such order / direction to Respondent no. 4 to compensate the heirs of the 25 dead victims of “2006 Malegaon blast” in monetary as well as emotional terms as the Respondent no. 4 have grossly failed to properly investigate the said offences.
g)    The Petitioners further prays that the Respondent no. 7 shall be suspended or transferred to ny other place of side branch till Investigation in Malegaon case reaches to a logical end.
h)   Any other further reliefs in the circumstances as per discretion and inherent Powers of this Hon’ble Court under the Constitution of India and under the Principle of natural justice may be ordered and / or directed to the Resp. no. 4 and Resp. no. 5 to stop the post retirement benefits of the prima facie guilty involved Police Officers.
i)     The Respondent no. 3 may be asked to conclude the hearing within 6 months for the ends of the justice.
j)     Fundamental rights to get fair impartial and timely justice to 25 dead victims (including their legal heirs) and 137 injured victims be guaranteed.
k)    Cost of the Petition may be allowed.
l)     Any other or further reliefs as per the discretion of the Hon. Court, which may fit and proper in the circumstances.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE PETITIONER SHALL BE DUTY BOUND SHALL EVER PRAY.
Place: - Mumbai.
Date: ____/6/2013                                      
                        PETITIONER
ADVOCATE FOR THE PETITIONER


V E R I F I C A T I O N
I, Sayyad Ameen Mustafa , Age about 30 years, Indian Inhabitant Occupation:- Business, address as Res. - R.N. -65, Janta Colony, Galli No. 1, New Link Road, Kandivali(w), Mumbai-67, do hereby state on solemn affirmation that whatever is stated in the above going all paras are true and correct of my best knowledge and belief.

Solemnly affirmed on        June, 2013
Identified and explained by me

                                                                                                                                   
S. Ejaz Abbas ‘NAQVI’                                                     
S. Asif Abbas Naqvi,
Digajmaan Mishra,                                                
Advocates High Court
Before Me


I / WE AM NOT MEMBER OF ADVOCATE`S WELFARE FUND, THEREFORE STAMP OF RS.2/- IS/ARE NOT AFFIXED HEREWITH.
                                                 
                                                  ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
CRIMINAL P.I.L.  NO.                           OF 2013,

                                                                                                 District: Mumbai


Sayyad Ameen Mustafa
Businessman aged about 30 years, Res. R.N. -65, Janta Colony, Galli No. 1, New Link Road, Kandivali(w), Mumbai-67
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… Petitioner

Versus


1
CHIEF /Addl. D.G.P. for A.T.S.
A.T.S. Office, Byculla, Mumbai for the State of Maharashtra
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2
Joint Director of C.B.I.
Kutub Mahal, Colaba, Mumbai,
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3
Suptd. Of Police, NIA (NATIONAL INVESTIGATION AGENCY)
7th Floor, MTNL Buildg., Cumbala Hill, Peddar Road, Mumbai
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4
The State of Maharashtra
Through Public Prosecutor, High Court, Bombay
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5
Union of India,
Through secretary of Ministry of Law Justice And Company Affairs, New C.G.O. Building, Maharishi Karve  Marg, Marine Lines, Mumbai
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6
RAJVARDHAN
Then Superintendent of Police, Malegaon; Now Additional Commissioner of Police, Police Commissioner office, Crawford Market, Economic Offices Wing, Mumbai, Maharashtra.
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7
K. P. RAGHUVANSHI
Then the Chief A.T.S., Maharashtra, Now Commissioner of Police, Thane Thane, Maharashtra.
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)

8
P. S. PASRICHA
Then Deputy General of Police, Maharashtra; Now retired, Getting commission salary +Pension
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9
SUBODH KUMAR JAISWAL
Then Additional Commissioner of Police, Anti Terrorist Squad; now joint secretary, Cabinet Secretariat, Govt of India
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10
JAGJEET SINGH
Then Additional Commissioner of Police, Anti Terrorist Squad, Now Inspector General, National Terrorist Response Office, A.T.S. Office, Byculla, Mumbai
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)

11
BRIJESH SINGH
Then Deputy Commissioner of Police, Zone 1 Mumbai, Now Additional Commissioner of Police, (Traffic) Mumbai, Maharashtra.
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12
KISAN SHENGAL
Then Assistant Commissioner of Police, Anti Terrorist Squad; now retired Pensioner
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13
ARCHANA TYAGI
Then Superintendent of Police, Thane (Rural), Now Special Inspector General of Police, (Admin) Maharashtra Police HQ, Mumbai
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14
AMITABH GUPTA
Then Deputy Commissioner of Police, Zone 9 Mumbai, Now Special Inspector General of Police, Police Commissioner office, Crawford Market, (Training) Maharashtra.
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15
DHANANJAY KAMALAKAR
Then Deputy Commissioner of Police, Mumbai crime branch, Now Special Inspector General of Police, Nasik, Maharashtra.
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)

16
NIKET KAUSHIK
Then Deputy Commissioner of Police, Zone 6 Mumbai; Now Additional Commissioner of Police, Police Commissioner office, Crawford Market, (Crime) Mumbai, Maharashtra.
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17
NAVAL BAJAJ
Then Deputy Commissioner of Police, Anti Terrorist Squad Now Additional Commissioner of Police, Special Branch, Maharashtra, Crowford market, Mumbai
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18
S D BAVISKAR
Then Deputy Commissioner of Police, Anti Terrorist Squad, Now Superintendent of Police, (Anti-Corruption Bureau), Aurangabad, Maharashtra.
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19
RAMAN TYAGI
Then Deputy Superintendent of Police, Central Bureau of Investigation, Special Task Force; now retired
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20
A N ROY
Then Commissioner of Police, Mumbai, Maharashtra; now retired
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21
Director General of Police,
Police Mukhalaya, Kalaghoda, Mumbai, Maharashtra.
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)

22
SANJEEV DAYAL –in person,
Then Additional Director General, (Law & order), Maharashtra; Now Director General of Police, Maharashtra.
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23
CHHAGAN R. BHUJBAL
then Home Minister,            Now PWD Minister, Mantralaya, Mumbai
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24
Prasad Shrikant Purohit, adult,
Former Lieutenant Colonel, Chief Military intelligence, ministry of Defence.
1). address as 76/21, Shanti Sheela Colony, Yarandwane, Pune -4
present address-
52/2, Kiran Colony, Army Education Corp, Panchmarhi, State of M.P.
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.. RESPONDENTS



To,
Prothonotary & Senior Master / Registrar,
Original / Appellate Side,
High Court, Bombay.

Sir / Madam,
            We, the Petitioners above named do hereby appoint and authorize SYED EJAZ ABBAS ‘NAQVI’, SYED ASIF ABBAS NAQVI, DIGAJMAAN G. MISHRA, Advocates High Court, Bombay, to act, appear and plead for us in the above matter.
              IN WITNESS WHEREOF, We set and subscribe our hands to this writing today at Bombay.
Dated this    10 day of  June , 2013.
Accepted :


SYED EJAZ ABBAS ‘NAQVI’,


SYED ASIF ABBAS NAQVI,


Digajmaan G. Mishra
Advocates High Court, Bombay
108-C, 1st Floor, Esplanade Mansion, 144-146,
Near Sessions Court, M.G. Road, Fort, Mumbai-23 ,
info@theqaidalawassociates.com
Email-advocateejaznaqvi@gmail.com
R.N. -10195/07, R.N.- 9594/06


IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public Interest Litigation No.            of 2013

SAYYAD AMEEN MUSTAFA
… Petitioner
VERSUS
ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents


Memorandum of  Address

Syed Ejaz Abbas 'Naqvi'
Syed Asif Abbas Naqvi
Digajmaan Mishra for
The Qaida Law Associates
Advocate for the Petitioner
Office No.108-C, 1st Floor,
Esplanade Mansion, Sessions Court,
Mumbai 400001
Mobile No.9833622131.
Theqaidalawassociates.com
Advocates for Petitioner
IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public Interest Litigation No.            of 2013

SAYYAD AMEEN MUSTAFA
… Petitioner
VERSUS
ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents

LIST OF DOCUMENTS


Sr. No
 Particulars
Page Nos.
1
Exhibit-“A” is the copy of the Chargesheet filed by the A.T.S. i.e. Respondent No.1

2
Exhibit “B” Copy of Operative part of the said charge sheet filed by ATS

3
Exhibit “C” Copy of Interview in OutlookIndia.com dated 09.07.2012.

4
Any other documents with permission of Hon. Court as per the circumstances



                                                                     Advocate for Petitioner

 IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public Interest Litigation No.       29   of 2013 (ST)

SAYYAD AMEEN MUSTAFA
… Petitioner
VERSUS
ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents

Declaration and undertaking of the Petitioner:
I, Sayyad Ameen Mustafa , Age about 30 years, Indian Inhabitant Occupation:- Business, address as Res. - R.N. -65, Janta Colony, Galli No. 1, New Link Road, Kandivali(w), Mumbai-67, do hereby  state  and undertake as under:
1)    That, the present Petition is being filed by me, by way of Public Interest Litigation in my personal capacity and I the Petitioners does not have personal interest in the matter. The Petition is being filed in the interest of public.
2)    I have filed the present Petition, inter alia, praying that this Hon’ble Court be a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction to Respondent no. 1 to 23  under Articles 21, 226 and 227 of the Constitution of India and Sec. 482 of the Cr.P.C. calling for the entire records of the Malegaon Blast 2006 i.e. registered as C.R. No. 7/2006 and subsequent Blast in 2008 and lethargical and deliberate investigation by the Respondents. And due to False and contradictory charge sheet filed in a single matter. For appointment of  an  independent / commission as appointed by this Hon’ble Court of the matter thoroughly and file its report within a specified period or in any manner whatsoever, as more particularly stated in the Petition against the Respondent. So it is necessary for the direction to Respondent no. 3 or any other agency / commission as per appointment of this Hon’ble Court for inquiry and investigation in the said matter and for legal action against the Respondent no. 1 and 2.
3)    That, I state that, there is no any personal gain, private motive oblique reason in filing present P.I.L. That the Petitioner was facing 498-A Case in Shivaji Nagara Police Station, Ambernath. Without withdrawing the same, the Petitioner and his wife have now started living with more love and affection and now there are 3 children out of the said wed-lock after the said case.
4)    That, I have received the material i.e. evidential proof in support of the present Petition thorough research conducted by me in the matter to the best of my knowledge and research. I further say that, the issue raised is no dealt with or decided and that a similar or identical Petition is not filed earlier by me or anybody as per my knowledge.
5)    That I, further undertake that, if in the course of hearing of this petition the Court may require any security to be furnished towards costs or any security to be furnished towards costs or any other charges, I will comply with such requirements.
6)    I undertake to pay costs as ordered by the court, if it is ultimately held that the Petition is frivolous or has been filed for extraneous considerations or that it lacks bona fides.
7)    I have submitted all the facts in brief in the Petition so it is not necessary to repeat the same. I further declare that, the source of information from the news paper, electric media WE have also verified said information, leading to the filing of the Public Interest Litigation, if and when called upon by the Court, to do so.
8)    I further under take that if I will disclose the source of the information, leading to the filing of the Public Interest Litigation, if and when called upon by the Court, to do so.
            Whatever stated here in above said paragraphs is true and correct to my own knowledge.

Solemnly Affirmed at Mumbai
On dated this …./…… /2013
Deponent /Petitioner
Identified by me


Advocate for the Petitioner

VERIFICATION
I, Sayyad Ameen Mustafa , Age about 30  years, Indian Inhabitant Occupation:- Business, address as Res. - R.N. -65, Janta Colony, Galli No. 1, New Link Road, Kandivali(w), Mumbai-67, the Petitioner do hereby on solemn affirmation state and declare that what is stated here in above in the declaration and undertaking is true to my own knowledge and belief.

Solemnly Affirmed at Mumbai
On dated this ……………….2013
Identified by Me
Before me


Advocate for the Petitioner



Syed Ejaz Abbas 'Naqvi',

Syed Asif Abbas ‘Naqvi’
Advocates for the Petitioner
Office No.108-C, 1st floor
Esplanade mansion, Next to session court
M.G. road, Fort, Mumbai 400 001
 Mobile No.9833 622131
Email: info@theqaidalawassociates.com

IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public Interest Litigation No.            of 2013

SAYYAD AMEEN MUSTAFA
… Petitioner
VERSUS
ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents
AFFIDAVIT IN SUPPORT OF PETITION
              I, SAYYAD AMEEN MUSTAFA, an adult inhabitant, on behalf of the petitioner do hereby solemnly affirm and state as under:-
1)    I say that I have filed the present Petition, inter alia, praying that this Hon’ble Court be pleased to issue a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction to Respondent no. 1 to   23  under Articles 21, 226, 227 of the Constitution of India and section 482 of the Cr. P.C. calling for the entire records of the reason for the bomb blast, actual actors of the bomb blast, actual beneficiaries of the bomb blast phobia, deliberate misleading in investigation, stealing the truth from the eyes of the society and trying to put curtain on the involvement of the certain high profile hands of the Indian regime. The involvement of the Government of India and loopholes in their stardy investigations and due to Respondents lethargic and communal approach for investigation or any independent / commission as appointed by this Hon’ble Court of the matter thoroughly and file its report within a specified period or in any manner whatsoever, as more particularly stated in the Petition.
2)    I repeat, reiterate, confirm and verify all that is stated in the Petition including cause of action and annexed therein.
3)    In the aforesaid circumstances, I humbly pray that the prayers sought in the Petition be granted with costs.

Solemnly affirmed at Bombay                   )
This …./……../2013                                     ) 
           
Before Me

Advocates for the Petitioner


IN THE HIGH COURT OF JUDICATURE AT BOMAY
CRIMINAL WRIT JURISDICTION
Cri. Public PIL No.    29  of 2013 (ST)

SAYYAD AMEEN MUSTAFA

… Petitioner

VERSUS

ANTI TERRORIST SQUAD, MAH.
 & OTHERS
… Respondents

MEMO OF PETITION
DATED THIS DAY OF    June 2013

Syed Ejaz Abbas 'Naqvi'
Syed Asif Abbas Naqvi
Digajmaan Mishra for
The Qaida Law Associates
Advocate for the Petitioner
Office No.108-C, 1st Floor,
Esplanade Mansion, Sessions
Court, Mumbai 400001
Mobile No.9833622131.
Theqaidalawassociates.com