From: [email protected] [mailto:[email protected]] 
  Sent: Wednesday, February 27, 2013 1:02 PM
  To: Dalits Media Watch
  Subject: [pmarc] Why Hyderabad Investigations are doomed to fail: JTSA

   

   

   

  Jamia Teachers' Solidarity Association

   

  Why Hyderabad Investigations are doomed to fail

   

  In a grotesque replay of every investigation that follows a bomb blast, 
prejudice, misinformation and media blitz rules the direction of Dilsukh Nagar 
bombings investigation too.  The same suspects and shadowy organizations are 
being paraded as executors of the Hyderabad bombings.

   

  But should we be surprised? A day after the Home Minister's humiliating 
capitulation to the RSS-BJP, virtually giving them and their affiliates a clean 
chit, the message to the investigating agencies must have been crystal clear.  
When the Home Minister himself discards the bulk of allegations and material 
pointing to the existence of Hindutva groups in planning and executing terror 
attacks, should we really expect the investigating agencies, whose past record 
inspires hardly any confidence, to sincerely pursue all possible angles and 
leads? This, when Messrs Aseemanand and company are being tried for the 2007 
bombing of the Mecca Masjid.  By asserting that Hyderabad bombing may have been 
a reaction to the execution of Kasab and Afzal Guru, the Home Minister himself 
foreclosed any possibility of unbiased investigation.

   

   

   Hyderabad Police: Can we trust them with the investigations?

  The same Hyderabad Police which had, in the aftermath of the Mecca Masjid, 
raided Muslim mohallas, rounded up scores of young men, tortured them at 
private farmhouses, alleged to have recovered RDX, arms and ammunition, jihadi 
literature, incriminating cellphone records and laptops, as well records of 
journey to foreign countries for terror-training by these young men - all 
proven to be false now - have been entrusted with the investigation of the 
Dilsukh Nagar blasts. Have we already forgotten that the additional 
metropolitan Sessions Judges in throwing out the two related cases of Mecca 
Masjid blast found the police unable to produce any evidence except for the 
confessional statements of the accused - statements which had obviously been 
extracted under harsh and brutal torture, as attested by the Advocate Ravi 
Chander report.

  And sure enough, the various SITs formed by the Hyderabad Police have knocked 
on the same doors. Mohammed Rayeesuddin, Mohammed Azmath, Arshed Khan, Abdul 
Raheem, and Abdul Kareem were detained for questioning, while Dr. Ibrahim Ali 
Junaid was hounded over the phone. Not only were the same people targeted once 
again, the methods were no improvement over 2007: the same surreptitious 
whisking away without information to relatives, reviving the horrors of 2007.   

  Why have the police officers, who indulged in and who supervised the 
frame-ups in the 2007 Mecca Masjid blasts, not been punished? Indeed, Hyderabad 
investigations demand that the policemen who deliberately tried to fabricate 
and derail a genuine probe the last time, be first punished. What is the 
guarantee that they will not influence the course of investigation of the 
recent twin blasts as well? Is there any reason for us to believe that they 
will not avenge the humiliation of their 2007 fiasco by harassing their 
victims, many of whom have filed a civil suit seeking damages for their illegal 
detention and torture? 

   

  The detentions of Rayeesuddin and others have in fact again confirmed our 
fears of collusion and complicity between the Andhra and Gujarat Police over 
encounter killings and communal witch-hunts.  Rayeesuddin is key witness to the 
cold-blooded murder of Mujahid Salim Islahi by the Gujarat encounter specialist 
Narendra Amin - currently in jail for Sohrabuddin fake encounter, another 
instance of the 'cooperation' between the police of the two states - at the 
Lakdi ka pul police station in Hyderabad in 2004.  While the Hyderabad Police 
has shown no inclination to pursue the case against Amin, not even once seeking 
his custody, there is reason to believe that the cases against Rayeesuddin are 
a way to intimidate him into withdrawing his witness in the case. In fact, many 
of the terror accusations against Muslim youth in Hyderabad relate to this 
incident in 2004.  

   

  In sum, the Hyderabad police has shown itself to be thoroughly communal and 
corrupt, and should not be entrusted with the investigations of the 
Dilsukhnagar blasts.

   

  Media Trial: Return of the Stenographers

  Lack of journalistic skills and ethics, a perverse sense of 'national 
interest', the mad rush for TRPs has produced a lethal cocktail of 'breaking 
news', each more pernicious than the other. If nothing else, one has to admire 
the media's consistency: their refusal to learn from their past gaffes and 
their unrestrained urge to act as judge, jury and executioner. So what if they 
flash the photograph of the recently assassinated MQM leader Manzar Imam as one 
of the key accused? MQM-MIM-IM, all the same, as long as it's a bearded face 
and a name that fits. 

   

  Confessions and Interrogation reports are being dramatized on prime time. 
Hawala transactions via Dubai, and dark conspiracies are being breathlessly 
screamed about, slowly coagulating a narrative of guilt. One could have 
dismissed these televised kangaroo courts as mere rantings, if only they did 
not play a role in keeping accused in custody for long periods.  While in many 
cases, this media trial may not affect the eventual outcome of the trial; it is 
enough to pressure the courts into denying the accused bail repeatedly, and 
even the accused from moving bail applications.  Just six months ago, Muti Ur 
Rehman, a reporter with Deccan Herald, was touted as "the face of modern 
violent Islamic extremism". He was held up as an example of how "the profile of 
the various groups who come under the rubric of the 'Indian Mujahideen', can be 
from any segment of society."

  
(http://www.dailymail.co.uk/indiahome/indianews/article-2197303/Spectre-educated-terrorist-Professionals-new-face-terror-swell-ranks-outfits-like-Indian-Mujahideen.html#ixzz2Lvfva4xS).

   

  While the NIA has now failed to even file a charge sheet against Rehman and 
his two roommates, also falling in the educated Jihadi profile, the media's 
unrelenting mastermind hype ensured that he spent close to six months in jail.  

   

  In other cases, we know, that such biased reporting can manufacture a 
'collective conscience' that demands retribution even where guilt is not 
established beyond reasonable doubt. It is this power that the media gloats 
over, and in its crazed delirium, forgets that it is human lives they destroy 
by uncritically relaying the deliberate leaks by agencies as scoops and 
investigations. If appeals for restraint and previous mistakes breed no 
introspection, then perhaps large-scale defamation suits would be the only 
deterrence.  

   

  So grave is the situation now that that the Chief Justice was forced to admit 
recently that (media trial) "can prejudice against an accused in a case." 

   

   

   What about Pune and Nashik modules?

  As proof of IM's existence, security experts and agencies have cited the 
emails that the organisation purportedly sent after every blast they executed. 
Though no emails were forthcoming this time, the BJP Chief of Andhra Pradesh, 
G. Krishan Reddy, received by post (not known whether it was speed post 
favoured by the Home Ministry) a letter from LeT, claiming responsibility for 
the blasts. 

  While the investigating agencies see an IM module in every Muslim 
concentrated town and a sleeper cell in every madrasa, they must explain why 
those organisations currently being tried for exploding bombs in the same city 
in 2007 are not even being mentioned as potential suspects. While forensic 
evidence is still being collected and analyzed - much of it destroyed by the 
media trampling all over the site - agencies through trusted mouthpieces are 
chanting about the discovery of trademark IM bombs.  What is the basis of this 
claim? Media reports suggest that Dilsukh Nagar bomb was an IED, as indeed was 
in the Mecca masjid blast.  In December last year, not many months ago, the NIA 
arrested Tej Ram, which it accuses of planting an IED at Mecca Masjid, the one 
that did not explode. His alleged partner Rajender Choudhary, whose IED did go 
off, has been in NIA's custody for a while now.  Given that Tej Ram was 
arrested only months ago, and given also that many of the key aides of 
Aseemanand and Purohit are still at large, why is there an absolute refusal to 
pursue that line of investigation?

   

  Are we to forget the conversations between the retired Major Ramesh Upadhyay 
and the serving colonel in the Army, Purohit, which revealed not in their 
ability to procure explosives but also their international linkages and 
patronage?  To quote:

   

  Maj. (Retd.) Ramesh Upadhyay:"...for example what happened in Hyderabad 
Mosque or at other places was not done by anybody from ISI; it was done by our 
person. On the basis of my information, I can say that it was done by this 
particular person.[ .]

  Lt. Col. Purohit:"...I have done two operations. They were successful Swamiji 
(Dayanand Pandey), I have the capacity to carry out operations. I have no 
dearth of equipment [explosives]. Once I decide I can procure the equipment..."

  [.]

   

  Lt. Col. Purohit: "...I am in contact with Israel. One of our captains has 
visited Israel. Very positive response from their side. They have said "You 
show us something on ground". [...] Secondly, they say they cannot support us 
in the international forum under the present circumstances for two years, till 
our movement does not gather some momentum. Political asylum any time; 
equipment and training once we show something on ground. I am trying to achieve 
that..."

   

  What has happened to the full contents of the laptops recovered by the late 
Mr. Hemant Karkare? We fear that they may be destroyed to hide the names and 
details of Right wing terrorists. It is surprising that while one elite 
anti-terror agency has leaked the Interrogation Report of a suspect to the 
media, there has been a silencing and secreting of the contents of the two 
laptops.

  The full contents of these laptops should be transcribed and placed in public 
domain with immediate effect. These transcripts are neither confessions, 
disclosures nor statements made in police custody - whose genuineness is 
vitiated by the fact that custodial confessions carry the threat of real or 
potential violence - these are recordings of their own conversations made by 
the men themselves under no duress or pressure.

  And it might be in order to remember here too that Aseemanand's 'confession' 
was not made in police custody either, but to the Delhi Metropolitan Magistrate 
under section 164 CrPC, after he was given two days to reflect upon his 
decision, as is required to ascertain the voluntary nature of the confession. 
Those commentators and TV anchors who push the virtuous line that terror has no 
religion whenever Hindutva terror is as much as mentioned, would do well to 
reflect on this civilized adherence to procedure against the horrors of torture 
endured by the young men of Hyderabad in 2007 whose private parts were 
electrocuted to extract confessions from them.

   

  While NIA teams raid villages and towns in Bihar, and interrogate 'IM 
terrorists' anew, a man whose name has consistently appeared in Ajmer blast 
chargesheet, in Purohit's interrogation and Aseemanand's confession, remains 
free. No raids at the home or office of Indresh Kumar, national executive 
member and the sahprachar pramukh in the RSS, who is said to have been present 
at a secret meeting to plan the Ajmer Sharif bombing, held in a Gujarati 
guesthouse in Jaipur on October 31, 2005, in which six other functionaries of 
the RSS were also present; and who is named by Aseemanand to have financed the 
now conveniently murdered Sunil Joshi's terror activities. Has a deal been 
struck to absolve Indresh of all allegations of involvement in terrorism?

   

  Having just exorcised the ghosts of his Jaipur statement, the Home Minister 
would probably not want to be reminded of this: but the Nanded and Malegaon 
investigations pointed to arms trainings and camps at Bhonsale Military School 
in Nashik. But who dare raid Bhonsale Military School, set up by the ardent 
fascist B.S. Moonje, and at whose platinum jubilee celebrations almost exactly 
a year ago, Mohan Bhagwat was the main speaker? A madrasa in Hyderabad is 
easier to pull down and interrogation of a cleric - even one who has been in 
jail for a while - likely to fetch you more popularity. "Highly placed 
intelligence sources" are therefore letting it known through their friends in 
the media that they intend to question Abdul Nasir Madni, old, ailing and 
nearly blind.

   

   

  What we are seeing is not simply a blatant and deep institutional prejudice 
playing out. It is as if our institutions are hell bent on ensuring that 
injustice is not only done, but also seen to be done. For all the inane and 
pious assertions of 'Let's not politicize terror', in fact terrorism has been 
the subject of the most cynical political competition. Vulnerable targets are 
being picked on. Hindutva terror is being denied under pressure from the RSS 
BJP combine and a rabble-rousing media. None - neither the UPA which hoped to 
add muscle to its anti-terror image by hanging Kasab and Afzal; nor the BJP, 
the original tough guys, nor the hawks who froth at the mouth demanding blood 
on TV, are concerned with the fact that the mastermind of the biggest terror 
attack is safely secreted in the US, having cut a deal with the US agencies, 
will never be tried for his crimes in India. The continuous cries of Lashkar by 
various investigative agencies in the aftermath of the Hyderabad blasts should 
surely fuel the demand for David Headley's extradition?

   

  Only a genuine and unbiased probe will be a true homage to those who lost 
their lives in the utterly senseless violence of Dilsukh Nagar bombings.  But 
sadly, that doesn't appear likely.

   

  Released on 26th February 2013-02-26 

  www.teacherssolidarity.org

   

  Peoples Media Advocacy & Resource Centre- PMARC has been initiated with the 
support from group of senior journalists, social activists, academics and 
intellectuals from Dalit and civil society to advocate and facilitate Dalits 
issues in the mainstream media. To create proper & adequate space with the 
Dalit perspective in the mainstream media national/ International on Dalit 
issues is primary objective of the PMARC.

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