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.
- Whereas the Relatives of victims cancelled the compensation payments of Rs 1,00,000 immediately.
- 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
|
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
|
|
|
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
|
)
)
)
)
|
… Petitioner
|
|
|
Versus
|
|
|
|
1
|
CHIEF /Addl. D.G.P. for
A.T.S.
A.T.S.
Office, Byculla, Mumbai for the State of Maharashtra
|
)
)
)
|
|
|
2
|
Joint Director of C.B.I.
Kutub
Mahal, Colaba, Mumbai,
|
)
)
|
|
|
3
|
Suptd. Of Police, NIA
(NATIONAL INVESTIGATION AGENCY)
7th
Floor, MTNL Buildg., Cumbala Hill, Peddar Road, Mumbai
|
)
)
)
)
|
|
|
4
|
The State of Maharashtra
Through
Public Prosecutor, High Court, Bombay
|
)
)
|
|
|
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
|
)
)
)
)
|
|
|
6
|
RAJVARDHAN
Then Superintendent of Police, Malegaon; Now Additional
Commissioner of Police, Police Commissioner office, Crawford Market,
Economic Offices Wing, Mumbai, Maharashtra.
|
)
)
)
)
)
|
|
|
7
|
K. P. RAGHUVANSHI
Then the
Chief A.T.S., Maharashtra, Now Commissioner of Police, Thane Thane,
Maharashtra.
|
)
)
)
)
|
|
|
8
|
P. S. PASRICHA
Then Deputy
General of Police, Maharashtra; Now retired, Getting commission salary
+Pension
|
)
)
)
)
|
|
|
9
|
SUBODH KUMAR JAISWAL
Then
Additional Commissioner of Police, Anti Terrorist Squad; now joint secretary,
Cabinet Secretariat, Govt of India
|
)
)
)
)
|
|
|
10
|
JAGJEET SINGH
Then
Additional Commissioner of Police, Anti Terrorist Squad, Now Inspector
General, National Terrorist Response Office, A.T.S. Office, Byculla, Mumbai
|
)
)
)
)
)
|
|
|
11
|
BRIJESH SINGH
Then Deputy
Commissioner of Police, Zone 1 Mumbai, Now Additional Commissioner of Police,
(Traffic) Mumbai, Maharashtra.
|
)
)
)
)
|
|
|
12
|
KISAN SHENGAL
Then
Assistant Commissioner of Police, Anti Terrorist Squad; now retired Pensioner
|
)
)
)
|
|
|
13
|
ARCHANA TYAGI
Then
Superintendent of Police, Thane (Rural), Now Special Inspector General of
Police, (Admin) Maharashtra Police HQ, Mumbai
|
)
)
)
)
|
|
|
14
|
AMITABH GUPTA
Then Deputy
Commissioner of Police, Zone 9 Mumbai, Now Special Inspector General of
Police, Police Commissioner office, Crawford Market, (Training) Maharashtra.
|
)
)
)
)
)
|
|
|
15
|
DHANANJAY KAMALAKAR
Then Deputy
Commissioner of Police, Mumbai crime branch, Now Special Inspector General of
Police, Nasik, Maharashtra.
|
)
)
)
)
|
|
|
16
|
NIKET KAUSHIK
Then Deputy
Commissioner of Police, Zone 6 Mumbai; Now Additional Commissioner of Police,
Police Commissioner office, Crawford Market, (Crime) Mumbai, Maharashtra.
|
)
)
)
)
)
|
|
|
17
|
NAVAL BAJAJ
Then Deputy
Commissioner of Police, Anti Terrorist Squad Now Additional Commissioner of
Police, Special Branch, Maharashtra, Crowford market, Mumbai
|
)
)
)
)
)
|
|
|
18
|
S D BAVISKAR
Then Deputy
Commissioner of Police, Anti Terrorist Squad, Now Superintendent of Police,
(Anti-Corruption Bureau), Aurangabad, Maharashtra.
|
)
)
)
)
)
|
|
|
19
|
RAMAN TYAGI
Then Deputy
Superintendent of Police, Central Bureau of Investigation, Special Task
Force; now retired
|
)
)
)
)
|
|
|
20
|
A N ROY
Then
Commissioner of Police, Mumbai, Maharashtra; now retired
|
)
)
)
|
|
|
21
|
Director
General of Police,
Police Mukhalaya,
Kalaghoda, Mumbai, Maharashtra.
|
)
)
)
|
|
|
22
|
SANJEEV DAYAL –in person,
Then
Additional Director General, (Law & order), Maharashtra; Now Director
General of Police, Maharashtra.
|
)
)
)
)
|
|
|
23
|
CHHAGAN R. BHUJBAL
then Home
Minister, Now PWD Minister,
Mantralaya, Mumbai
|
)
)
)
|
|
|
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.
|
)
)
)
)
)
)
)
)
|
.. 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
|
|
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Versus
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1
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CHIEF /Addl. D.G.P. for
A.T.S.
A.T.S.
Office, Byculla, Mumbai for the State of Maharashtra
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)
)
)
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|
2
|
Joint Director of C.B.I.
Kutub
Mahal, Colaba, Mumbai,
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)
)
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3
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Suptd. Of Police, NIA
(NATIONAL INVESTIGATION AGENCY)
7th
Floor, MTNL Buildg., Cumbala Hill, Peddar Road, Mumbai
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)
)
)
)
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4
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The State of Maharashtra
Through
Public Prosecutor, High Court, Bombay
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)
)
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5
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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
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K. P. RAGHUVANSHI
Then the
Chief A.T.S., Maharashtra, Now Commissioner of Police, Thane Thane,
Maharashtra.
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)
)
)
)
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|
|
8
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P. S. PASRICHA
Then Deputy
General of Police, Maharashtra; Now retired, Getting commission salary
+Pension
|
)
)
)
)
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|
|
9
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SUBODH KUMAR JAISWAL
Then
Additional Commissioner of Police, Anti Terrorist Squad; now joint secretary,
Cabinet Secretariat, Govt of India
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)
)
)
)
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10
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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
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BRIJESH SINGH
Then Deputy
Commissioner of Police, Zone 1 Mumbai, Now Additional Commissioner of Police,
(Traffic) Mumbai, Maharashtra.
|
)
)
)
)
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12
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KISAN SHENGAL
Then
Assistant Commissioner of Police, Anti Terrorist Squad; now retired Pensioner
|
)
)
)
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13
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ARCHANA TYAGI
Then
Superintendent of Police, Thane (Rural), Now Special Inspector General of
Police, (Admin) Maharashtra Police HQ, Mumbai
|
)
)
)
)
|
|
|
14
|
AMITABH GUPTA
Then Deputy
Commissioner of Police, Zone 9 Mumbai, Now Special Inspector General of
Police, Police Commissioner office, Crawford Market, (Training) Maharashtra.
|
)
)
)
)
)
|
|
|
15
|
DHANANJAY KAMALAKAR
Then Deputy
Commissioner of Police, Mumbai crime branch, Now Special Inspector General of
Police, Nasik, Maharashtra.
|
)
)
)
)
|
|
|
16
|
NIKET KAUSHIK
Then Deputy
Commissioner of Police, Zone 6 Mumbai; Now Additional Commissioner of Police,
Police Commissioner office, Crawford Market, (Crime) Mumbai, Maharashtra.
|
)
)
)
)
)
|
|
|
17
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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
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S D BAVISKAR
Then Deputy
Commissioner of Police, Anti Terrorist Squad, Now Superintendent of Police,
(Anti-Corruption Bureau), Aurangabad, Maharashtra.
|
)
)
)
)
)
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|
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19
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RAMAN TYAGI
Then Deputy
Superintendent of Police, Central Bureau of Investigation, Special Task
Force; now retired
|
)
)
)
)
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20
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A N ROY
Then
Commissioner of Police, Mumbai, Maharashtra; now retired
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)
)
)
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21
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Director
General of Police,
Police Mukhalaya,
Kalaghoda, Mumbai, Maharashtra.
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)
)
)
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22
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SANJEEV DAYAL –in person,
Then
Additional Director General, (Law & order), Maharashtra; Now Director
General of Police, Maharashtra.
|
)
)
)
)
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23
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CHHAGAN R. BHUJBAL
then Home
Minister, Now PWD Minister,
Mantralaya, Mumbai
|
)
)
)
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|
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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
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
