Malegaon Blast Accused Get a Respite

Ram Puniyani

Eleven suspects of Malegaon blast, September 9, 2008, got a breather (August
01, 2009) when the special court dropped the charges under MCCOA against 11
suspects of the crime. Prosecution failed to show that all accused were
member of a single organized crime syndicate. This MCOCA act also requires
that there should be two previous charge sheets against one of them. Since
the case prepared by police could not prove these the charges have been
dropped. The ATS and Maharashtra Chief Minister have stated that they will
ensure that they will go to the higher courts, against the order of this
court decision. In past Congress has not undertaken any serious efforts to
punish the guilty, so this statement of the authorities has to be taken with
a pinch of salt.

MCCOA apart, the overall scenario and line of investigation followed by
police has left lot of ground uncovered which can come handy for the
culprits getting away lightly if the police does not do its home work well.
There may also be deeper political dimensions to the issue as well. The
first point which struck the observers so far was that for a long time
police line of investigation in the blast cases was based on the premise
that some Muslim group is involved in the crime. This created two problems.
One was that the innocents kept getting arrested and tortured and second
that the real culprits could hide under the cover provided by the popular
perception about terrorism. The vicious cycle was broken by Hemant Karakre
with the impeccable evidence in the form of the Motor cycle of Sadhvi Pragya
Singh Thakur from the crowded lane of Malegaon. Her link led to several
people and many organizations. The people involved were Swami Dayanand
Pandey, Lt Col Prasad Shrikant Puroit, Ajay Rahirar, retired Major Ramesh
Upadhayay, Rakesh Dhavade and many others. The connections with Abhinva
Bharat, Hindu Jagran Samiti, Army units, Bhonsala Military School (Nagpur
and Nashik), Akanksha Resort Sinhgad all emerged and the picture of a broad
conspiracy became clear.

The investigating officer, Hemant Karkare, about whose death in 26/11 terror
attack, Antulay raised certain questions, faced immense pressure due to
criticism from Hindu right wingers, Thackeray’s paper Saamana went on to say
that they spit on the face of such a anti-national person like Karkare, and
some others also called him as Deshdrohi. One does not know what
direct/indirect impact all this had on the future drafting of the charge
sheet. Human Rights activist Teesta Setalvad in her articles in Communalism
Combat Feb 2009 raised several questions about the charge sheet, which
remain unanswered.

One recalls that the Nanded blast (April 2006) case investigation itself was
very much muted and it was only the pressure of campaign form Rights
activists that the investigation was pursued. Rakesh Dhawade, one of the
accused in the Malegaon charge sheet had confessed to his involvement in the
training of few youth, for the preparation and detonation of bombs. The
training was done near the Sinhgad Fort, Pune, in July-August 2003. Despite
this he was allowed to be discharged from the Purbea masjid blast case on
July 27, 2009! ATS says it was because the local police did not file a
strong enough charge sheet! One does not know whether it is a lack of
coordination or there is something deeper to this?

It is beyond one’s comprehension as to why section 125, waging war against
the Indian Nation, has not been applied to these accused. In this case the
involvement of the serving military officers and the retired ones has not
been probed. It has ramifications far deeper then can be seen from the
surface. These military officers had the background of Bhonsla Military
School, which is practically controlled by RSS. The RSS has its wing for
retired military personnel and has a lot of emphasis on cultivating
connections with men in uniform. The theft of 60 Kilograms of RDX by Purohit
is a pointer of what the serving and military officers can do once they are
ideologically indoctrinated by the notions other than that of secular
democratic India. Purohit in his narco analysis on 9th November 2008 had
revealed about his role in Samjhauta Express blast and a possible role Mecca
Masjid blast.

There are multiple aspects of the case involved. One does not support MCCOA
at all, it is not only arbitrary and draconian; it also is a refuge for
police not to undertake the trouble for deeper investigation and doing its
home work properly. Even if one does not trust the narco analysis, there are
enough other evidences to link up all these accused indoctrinated by RSS
ideology. The point is why so many links which are there for all to see are
not followed? Why resort to the short cut of MCOCA, or Narco analysis.

The core point is the biases of the state apparatus, political, bureaucratic
and that of police in particular which has resulted in evolution of two sets
of justice delivery systems. One is for the affluent and privileged that can
get away with whatever they want and the second is for the weaker sections,
including minorities. Here right from the police investigation to the charge
sheeting, the political influence and biases which influence the process of
justice delivery (or the lack of it) and the final verdict all are having a
tinge of bias.

The political polices do determine the whole process. It is such outcomes
which make a section of population feel that they are used merely as vote
banks and when the time of justice comes they are not considered at all. If
the culprits of Malegaon are treated with kid gloves under the theory that
violence from Hindu fold is retaliatory that will be the travesty of justice
of the worst order.


-- 
http://venukm.blogspot.com

http://www.shelfari.com/kmvenuannur

http://kmvenuannur.livejournal.com

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