[The Intelligence Bureau and the Delhi Police were aware, as early as
in the spring of 2009, of new evidence suggesting that the three
Kashmiri men then under trial for carrying out blasts in New Delhi in
2005 had no role in the attack, documents obtained by The Indian
Express reveal. There were three blasts that took place in Sarojini
Nagar, Govindpuri and Paharganj on October 20, 2005, a day before
Diwali. Over 60 people were killed.
Even though the Union Ministry of Home Affairs was made aware of this
evidence, no re-investigation was ordered in this and in two other
similar cases, government sources have confirmed to this newspaper.
Earlier this month, Mohammad Rafiq Shah and Mohammad Hussain Fazili
were acquitted of all charges related to their role in the 2005 Delhi
bombings. A third, Tariq Dar, was convicted of charges related to
supporting terrorism but cleared of a role in the actual strike.]

http://indianexpress.com/article/india/2005-delhi-serial-blasts-life-lost-in-jail-secret-ap-police-report-cleared-of-accused-but-no-one-acted-on-it-rafiq-shah-hussain-fazili-acquitted-early-feb-report-blamed-indian-mujahideen-4542579/

Life lost in jail: Secret AP police report cleared 2005 Delhi blast
accused but no one acted on it
Even though the Union Ministry of Home Affairs was made aware of this
evidence, no re-investigation was ordered in this and in two other
similar cases, government sources have confirmed to this newspaper.

Written by Praveen Swami | New Delhi | Updated: February 25, 2017 5:37 am

Mohammad Hussain Fazili with his mother (Express Photo by Shuaib Masoodi)

***The Intelligence Bureau and the Delhi Police were aware, as early
as in the spring of 2009, of new evidence suggesting that the three
Kashmiri men then under trial for carrying out blasts in New Delhi in
2005 had no role in the attack, documents obtained by The Indian
Express reveal. There were three blasts that took place in Sarojini
Nagar, Govindpuri and Paharganj on October 20, 2005, a day before
Diwali. Over 60 people were killed.*** [Emphasis added.]

***Even though the Union Ministry of Home Affairs was made aware of
this evidence, no re-investigation was ordered in this and in two
other similar cases, government sources have confirmed to this
newspaper.*** [Emphasis added.]

***Earlier this month, Mohammad Rafiq Shah and Mohammad Hussain Fazili
were acquitted of all charges related to their role in the 2005 Delhi
bombings. A third, Tariq Dar, was convicted of charges related to
supporting terrorism but cleared of a role in the actual strike.***
[Emphasis added.]

In a separate case, Mohammad Waliullah, a former Imam at a mosque in
Phulpur, Allahabad, was sentenced to serve 10 years for his role in
the bombing of Varanasi’s Ashwamedh Ghat on February 23, 2005. He is
currently held in Dasna jail.
The third case, the serial bombing of Mumbai’s suburban train system
on July 11, 2006, has seen five death sentences being handed down.

But according to a classified dossier prepared in March 2009 by the
Andhra Pradesh Police’s OCTOPUS counter-terrorism cell and circulated
to sister organisations nationwide, both forensic data and the
testimony of suspects under interrogation contain evidence that these
three attacks were, in fact, carried out by the Indian Mujahideen —
and not the individuals charged.

P Chidambaram, then Union Home Minister, said he could not “recall the
connection of the Indian Mujahideen to the other (three) cases
mentioned” by The Indian Express. “Maybe Intelligence Bureau reports
mentioned the Andhra Pradesh Police investigation”, he added.

In response to a specific question on whether, then, “no one proposed
that investigation be reopened in the earlier cases on the basis of
the new evidence”, Chidambaram said: “You can’t say that, either. I
cannot recall after five years”.

Three separate Intelligence Bureau officials said the Ministry of Home
Affairs had been made aware of new evidence flowing from the Indian
Mujahideen case but underlined that neither the Minister nor other top
officials were specifically asked to push for the earlier prosecutions
to be reviewed.

“Let’s put it this way”, one top Intelligence Bureau official said,
“we didn’t think it was our business to have a point of view, and no
one asked us to have one anyway. It was up to the state police forces
to do what they wished”.

“The implications of the new evidence were huge”, said a senior Andhra
Pradesh Police official, “and someone should have acted. It basically
meant that police in three states had fabricated evidence against
innocents. No one wanted to confront this issue”.

What the secret dossier reveals

In its dossier, the Andhra Pradesh Police said that suspects had
revealed, during interrogation, that the Delhi bombings had been
carried out by Atif Amin, the alleged Indian Mujahideen chief killed
at Batla House on September 19, 2008. “Atif went to Delhi on the
pretext of studies”, the dossier states, “and took one small flat in
the Jasola area and started staying there. He used to regularly come
to Azamgarh. Once, he met Sadiq (Sheikh) and told him that he made
some plans for carrying out blasts in Delhi”.

Delhi serial blasts, Delhi serial blasts 2005, 2005 Delhi serial
blasts, fazili, RAFIQ SHAH, HUSSAIN FAZILI, andhra pradesh police,
indian mujahideen, delhi police, indian express news, delhi news,
india news Mohammad Rafiq Shah (left) with his father after their
release(Express Photo by Shuaib Masoodi)

Later, the dossier states, Sheikh met with Amin, and the actual attack
team — alleged Indian Mujahideen operatives Mirza Shadab Beig,
Mohammad Shakeel and Saqib Nisar.
The Improvised Explosive Devices, it states, had already been prepared
by Arif Badr, the group’s alleged bomb-making expert, who is charged
with having trained in Pakistan.
“Atif kept the pressure-cooker bomb in Paharganj.” the dossier says,
“Shadab kept the pressure cooker bomb in Sarojini Nagar market, while
Shakeel and Saqib in Govindpuri”.
Though the Andhra Pradesh Police was the only force to document its
findings on letterhead, the Intelligence Bureau kept plain-paper
records of interrogations with identical findings, government sources
said. The Gujarat Police also videotaped its interviews with key
suspects, notably Sadiq Sheikh, which affirmed these findings — though
confession testimony to police is not, under Indian law, admissible as
evidence.

Forensic findings recorded in the Andhra Pradesh dossier, though,
independently underlines what it was told by suspects.

The Delhi IEDs, it notes, used a Samay-brand quartz alarm clock linked
to a 9-volt battery connected to twin detonators, the same mechanism
as in all subsequent Indian Mujahideen devices except those used in
Surat on July 26, 2008. In each case, the bomb-fabricator used banded
red-yellow-brown wire for the positive connection, and white-black
wire for the negative terminal.

In its report, the Andhra Pradesh Police noted that the “timer expert
of the Indian Mujahideen experimented with Ajanta clocks, digital
clocks, and China watches. All failed. (The) Samay watch experiment
turned out to be successful”.

This, the dossier explains, was because “in the Samay watches, a small
open portion was available (which allowed) the alarm connection (to
be) cut and direct connection could be given to the detonators”. It
contains detailed circuit drawings for the devices, illustrating the
common design features.

Intelligence services concluded that the 9 kg of pentaerythritol
tetranitrate used in Delhi — packed in two pressure cookers and an
aluminium lunch box — was part of a consignment brought into India by
Harkat-ul-Jihad-e-Islami operative Jalaluddin Mollah.

Tracking the real perpetrators

Mollah had told investigators he had handed over the explosives near
Delhi’s Jama Masjid to an operative he knew by the code-name “Rocky”.
The Intelligence Bureau established that “Rocky” was in fact Atif
Amin, sources said. However, the Delhi Police and Uttar Pradesh Police
forces never brought this information on to the legal record, allowing
their prosecutions to proceed.

Tariq Dar, trial documents show, was arrested after surveillance
mounted on satellite phone connections used by the Lashkar-e-Taiba
showed he had called Mazhar Iqbal, a key Pakistan-based commander also
known by the code-name Abu Al-Qama, to claim credit for the attack.

Based on Dar’s testimony, Shah and Fazili were arrested — even though
there was no corroborative evidence and documents showed that the
suspects could not have been in Delhi on the day of the attack.

“It was a hideous investigation”, says an officer familiar with the
case. “Dar was trying to cash in on the news, and it set off a whole
series of tragic events — the worst of which was that everyone stopped
looking for the real perpetrators. You see this in each of the early
Indian Mujahideen cases”.

Following bomb-making Arif Badr’s training in Pakistan, the dossier
states, he met frequently with Amin and Sadiq Sheikh at his store in
Saraimeer to plan their first attack, using these explosives. The
explosive would continue to be used until the Delhi strike, after
which, their PETN supplies exhausted, the group would turn to contacts
in south India to secure supplies of ammonium nitriate, the dossier
says.

The dossier goes on: “Arif Badr and Atif made two bombs. Atif and
(alleged Indian Mujahideen operative) Dr. Shahnawaz (Alam) planted
these two bombs as Dasaswamedh Ghat”.

In the telling of Uttar Pradesh prosecutors, though, the
pressure-cooker IEDs were stored at Waliullah’s home before being
planted at the Dasaswamedh Ghat by Bangladeshi nationals working for
the Harkat-ul-Jihad-e-Islami.

The trial concluded in August, 2008, before the new evidence became
available, but the Uttar Pradesh government has not since reopened the
case in the light of the new evidence.

Mumbai’s Anti-Terrorism Squad, The Indian Express reported last year
after death sentences were handed down in the 2006 serial bombing
case, had interrogated key suspect Sadiq Sheikh, and concluded that
the Indian Mujahideen had, in fact, carried out the strike.

However, the police’s Crime Branch, which carried out the earlier
investigation, stuck by its version of events, and concluded Sheikh
had made up his testimony to shield the real perpetrators. No
independent review of the evidence, based on the forensic data
contained in the Andhra Pradesh Police’s dossier, was ordered by the
state government.


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Peace Is Doable

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