Dear Feroze,
All High Court Bar Associations in the country, including the Supreme Court
Bar Association , the Bar Council of India and the Bar Councils of every single
State of the Indian Union in a write up must be informed of what has happened
for which a write up is necessary on the nature of cases Shahid Azmi was
handling and the theory that the prosecution was advancing ,which were being
proved wrong during the conduct of the cases . It must be placed on record in
every single senstive case that he appeared involving the Anti Terrorist
Branch that he was killed for the record of the case . The Jamiat -Ulema- E -
Hind have to raise the issue with the Law Ministry , the Home Ministry with the
President and Prime Minister of India with the Chief Justice of the Mumbai High
Court and the Supreme Court that not only are innocent persons being framed up
the lawyers defending them are either killed or removed for some reason or the
other as a predesigned purpose is to be served .
Every single Bar Association and Bar Council must be informed of the complete
collapse of the Rule of Law in matters related to bomb blasts and the incident
of 26/11 which exposes how murky these incidents are as revealed by the verbal
and print attack on Jt. Commissioner of Police Hemant Karkare when he completed
his investigations including the same death threats received by Shahid Azmi who
was exposing the nature of these frame ups .
You will recall that one Judge, before whom the Malegaon , Modasa among other
blasts accused with links to saffron organizations were produced (
investigated by Jt. Commissioner of Police Hemant Karkare) was also threatened
when their bail applications came up for hearing this was reported by the Times
of India . Subject to correction the Judge was Judge Shinde .
All these cases need to be moved out from Mumbai and Maharashtra if justice is
to be done as neither the witnesses , the Defense lawyers , the prosecutors in
some cases , the Judges nor some of the accused persons are safe . This
requires intervention at the Supreme Court .
Before you move forward more reflection is required .
Niloufer Bhagwat
----- Original Message -----
From: Niloufer Bhagwat
To: Feroze Mithiborwala
Sent: Saturday, March 06, 2010 2:29 PM
Subject: Re: Shahid Azmi murder : fact finding committee team
Dear Feroze ,
I have reflected on the proposal . I do not accept membership of this
committee as unless an inquiry by an independent agency with investigative
powers is appointed by the Courts , such an informal committee with no
investigative powers will not be in a position to investigate the truth and
the existence of such a committee will absolve official agencies of their role
in the process . The objective of any exercise is not to absolve those
involved .
Since he was conducting these cases of innocent persons framed up and every
case was sponsored by the Jamiat -Ulema- E- Hind which is closely associated
with the Congress Party , it is the Jamiat- Ulema- E- Hind which must be
associated with the fact finding as they would be aware of what preceded the
killing and the nature of threats which he received .At the same time they have
a duty to raise the issue in the appropriate judicial and legal forums
including with the National Human Rights Commission as raising it in Mumbai
will serve no purpose . There is a complete lack of confidence in agencies and
organizations in Mumbai .Similarly the other organizations with which Shahid
Azmi was associated also have a similar duty to follow up with the issue before
the NHRC or in the Supreme Court .
What is important is to follow up on the nature of statements recorded
during the investigation , the charge sheet filed in respect of this killing,
and whether the case will be prosecuted at all or end in any conviction
????????
Kindly inform all others concerned with the issue to whom you have earlier
communicated , that I decline to be a member of the committee , as no purpose
will be served by an informal committee , the issue is too serious . Those
closely associated with Shahid Azmi must collect the facts and move the Courts
, these can only be members of his family or the accused persons whom he
represented now denied representation .
There is a complete lack of confidence in the ATS and in the Crime Branch in
the context of serious incidents which have taken place in Mumbai in the last
almost five to six years , except the short period when Jt.Commissioner of
Police Hemant Karkare held office in Mumbai .
Niloufer Bhagwat
----- Original Message -----
From: Feroze Mithiborwala
To: Suresh Khairnar ; aslam ghazi ; arif kapadia ; chetna birje ; reshma
jagtap ; [email protected] ; [email protected] ;
[email protected] ; saeedakhtar ; [email protected] ; nilofer bhagwat
; mihir desai ; MIHIR DESAI ; Jyoti Punwani ; [email protected] ;
kishor jagtap
Sent: Saturday, March 06, 2010 1:44 PM
Subject: Shahid Azmi murder : fact finding committee team
Shahid Azmi Murder
Fact Finding Committee
Dear All,
THIS IS WITH REGARD TO THE FACT FINDING COMMITTEE THAT NEEDS TO PREPARE A
REPORT OVER THE SHAHID AZMI MURDER.
SURESH KHAIRNARJI (9326555914) HAS KINDLY AGREED TO LEAD THE COMMITTEE
WHICH WILL ALSO COMPRISE, MR URAIZEE (98200 83885 / RETD JUDGE, HIGH
COURT), ADV. NILOFER BHAGWAT (98690 14020 / RENOWNED HUMAN RIGHTS ACTIVIST),
DANIEL MAZGAONKAR ( 022-25631022 / SENIOR GANDHIAN), ADV. SAEED AKHTAR
(9821075886 - WIDELY RESPECTED FOR HIS COMMITTMENT), ASIM SURODE (C/O - SURESH
KHAIRNAR / LAWYER), PRATIMA JOSHI (98212 63002 / RESPECTED SENIOR JORNALIST /
LIKELY POSSIBILITY IF TIME PERMITS), RENU BHATT (92233 85284 / LAWYER - HUMAN
RIGHTS ACTIVIST), MIHIR DESAI (98211 38056 / SENIOR LAWYER & RENOWNED HUMAN
RIGHTS ACTIVIST, AGAIN, WILL CONFIRM ON AVAILABILITY TODAY).
I WILL ALSO SPEAK TO JYOTI PUNWANI FOR HER PERMISSION.
THE ABOVE ARE ALSO REQUESTED TO ADD OTHER NAMES TO THE COMMITTEE,
ESPECIALLY FROM THE SECULAR LIBERAL FRATERNITY.
ASLAM GHAZI (98691 06329), RENU BHATT (92233 85284), SUDHIR DHAWLE (93237
17601) & RESHMA JAGTAP (99676 08700) WILL COORDINATE THE SAME.
THE WORK BEGINS FROM MONDAY.
KISHORE & MYSELF ARE IN POONA, BUSY ORGANIZING A MASS RALLY ON THE 11TH OF
MARCH AS YOU ALL ARE AWARE & ARE NOT BACK IN THE CITY TILL THE 13TH OF MARCH.
THE TASK ENTAILS:
CONTACTING & CONFIRMING ALL THE MEMBERS.
A COMMON MEETING PLACE.
FIELD VISITS - THE TAXI MENS COLONY, THE LOCAL POLICE STN, MEETING WITH THE
POLICE COMMISSIONER, SENIOR LAWYERS, SHAHID'S FAMILY, COLLECTION OF DATA-INFO
ABOUT HIS WORK & CASES, POLITICAL LEADERS, SOCIAL ORGANIZATIONS, INCLUDING
MUSLIM ORGS, EDITORS FOR THEIR PERSPECTIVE ON THE MOTIVE FOR THE MURDER.
OTHER ISSUES . . .TO FINALISE TERMS OF REFERENCE.
WE REQUEST ASLAM GHAZI TO COORDINATE THE SAME WITH THE HELP OF RENU BHATT,
RESHMA JAGTAP & SUDHIR DHAWLE.
FEROZE MITHIBORWALA & KISHORE JAGTAP
9820897517 / 9324514101
--
Feroze Mithiborwala
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