Why exoneration of Sadhvi Pragya should worry everyone who stands for
justice
SUBHASH GATADE
<http://www.catchnews.com/author/subhash-gatade-1448526973.html>| 16 May
2016, 18:03 IST <https://twitter.com/>

[image: Why exoneration of Sadhvi Pragya should worry everyone who stands
for justice]
Malik/Catch News

There are a few photographs which the bigwigs of the Hindutva Brigade/Sangh
Parivar would like to be erased from public memory. One such photograph
shows Sadhvi Pragya, an ex-member of the ABVP, sitting with Shivraj Singh
Chouhan, Chief Minister of Madhya Pradesh, Rajnath Singh and few others. As
it was later revealed they had gathered to console the widow of a BJP
leader from MP, who had just died.

Read- Achhe Din for Malegaon accused: Clean chit to Pragya, MCOCA dropped
against rest
<http://www.catchnews.com/india-news/achhe-din-for-malegaon-accused-clean-chit-to-pragya-mcoca-dropped-against-rest-1463158374.html>

Public memory is very short but one can stretch it a bit to recollect the
tremendous consternation in BJP/RSS circles when Sadhvi Pragya was arrested
by the Anti Terrorist Squad led by the legendary police office Hemant
Karkare on 23 October, 2008 for her alleged role in the 2008 Malegaon bomb
blast. This photograph had suddenly gone viral when there were denials by
many leaders of the saffron brigade that they had never met her.

Now that the NIA, the federal agency established by the government to
combat terror in India, has given a 'clean chit' to Sadhvi Pragya and few
of her accomplices, should one expect that all those photographs showing
her proximity to various leaders of the saffron establishment would be
prominently exhibited? It must be remembered that leaders of BJP have even
 claimed
<http://www.financialexpress.com/article/india-news/congress-committed-treason-for-its-role-in-sadhvi-pragyas-arrest-yogi-adityanath-bjp/255481/>that
it was an act of "treason" to arrest her.
"Sadhvi Pragya is still accused in the murder of RSS Pracharak Sunil Joshi"
<https://twitter.com/intent/tweet?status=Sadhvi+Pragya+is+still+accused+in+the+murder+of+RSS+Pracharak+Sunil+Joshi+via+%40CatchNews+http%3A%2F%2Fgoo.gl%2Fs6oe1f>

The Malegaon blast was one of the most high profile anti-terror cases in
the last decade, which was able to put a temporary stop to the
'stigmatisation' and 'terrorisation' of the biggest minority community in
the country that had become a norm post 9/11. But before coming to the
NIA's about-turn in the case, it is important to underline that Sadhvi is
no angel as her followers would like us to believe. She still remains theprime
accused
<http://indianexpress.com/article/india/india-others/sunil-joshi-murder-charges-framed-against-sadhvi-pragya-singh-7-others/>
in
the murder of a RSS Pracharak Sunil Joshi - who himself was part of a
terror module which had planted bombs in Ajmer Sharief Dargah, Mecca Masjid
etc.
THE TERROR NETWORK

For close watchers of the Hindutva terror cases, there is nothing
surprising about the NIA's new found wisdom and its raising questions about
the investigations done earlier by Hemant Karkare, who is not there to
defend himself. Karkare led the ATS (Anti Terrorist Squad) Maharashtra then
and had in a meticulous way unearthed the pan-India (with tentacles outside
the country also) Hindutva terror network which involved functionaries of
RSS as well as other Hindutva organisations, military officers, doctors,
saffron robed sadhus - one of them claiming himself to be a Shankaracharya
- and even officials of the Bhonsla Military School that was started by a
Hindutva stalwart called BS Moonje. Karkare was martyred during the 26/11
terror attack in Mumbai, while defending his poorly armed colleagues under
controversial circumstances.

It was in the mid of last year only that first concrete doubts were raised
about the course and pace of the investigations into Hindutva terror
related cases. A series of apparently unconnected developments had
strengthened the belief that these investigations were changing course.

Also read- Hindutva terror cases are stalling: here are the facts. Connect
the dots
<http://www.catchnews.com/india-news/hindutva-terror-cases-are-stalling-here-are-the-facts-connect-the-dots-1436372713.html>

The first major indication of this were the revelations by Rohini Salian,
public prosecutor in the Malegaon bomb blast case. She had gone public with
the fact that she was being pressurised by the NIA to go slow on the case
<http://indianexpress.com/article/india/india-others/nia-asking-salian-to-go-soft-i-am-a-criminal-lawyer-not-stupid-to-say-this-without-proof/>
.

"*Salian had said that soon after the NDA government came to power last
year, she got a call from one of the NIA officers, asking to come over to
speak with her. "He didn't want to talk over the phone. He came and said to
me that there is a message that I should go soft."*

(See more at:
http://indianexpress.com/article/india/india-others/sunday-story-the-importance-of-being-rohini-salian/#sthash.WSyw971H.dpuf
)

Close on the heels of Salian's revelations and her removal by the NIA from
this responsibility had come the news of a number of witnesses turning
hostile in the Ajmer bomb blast case (2007) and other Hindutva terror cases
and the sudden decision of the NIA to shift the Sunil Joshi murder case
back to Madhya Pradesh. It was the same period when news appeared that the
NIA had finally decided to close the Modasa bomb blast case citing
'insufficient evidence'.
MODASA BLAST

In fact, closing of the Modasa bomb blast case was the first concrete
indication that with the BJP coming to power, Hindutva terror cases won't
be pursued in the same manner. Perhaps an indication of the changed times
was the statement then by a senior minister that there is "nothing like
Hindu terror in the country" despite being aware of the fact that the NIA
was still handling at least a 16 high profile cases supposedly involving
Hindutva terrorists and many of the top bosses of these organisations were
still under scanner.
<https://kafila.org/2015/07/15/modasa-it-is-just-a-beginning/>

Not very many people even know or remember that Modasa was a copycat
bombing. It took place on the same day and at around same time as the much
investigated Malegaon bomb blast (29 September, 2008), in a similar (Muslim
majority) locality and in a similar manner (use of a two wheeler in
planting the explosives).

The only difference was that Malegaon lies in Maharashtra, then ruled by
the Congress-NCP alliance whereas Modasa, a tehsil in Gujarat then, was
ruled by BJP. There were 8 casualties and injuries to more than 80 in the
Malegaon case.
"Investigations into Hindutva terror cases seem to have been weakened after
BJP came to power "
<https://twitter.com/intent/tweet?status=Investigations+into+Hindutva+terror+cases+seem+to+have+been+weakened+after+BJP+came+to+power++via+%40CatchNews+http%3A%2F%2Fgoo.gl%2Fs6oe1f>

Even a layperson could see the obvious linkages between the two blasts and
would conclude that it must be the same terror group which executed both
these operations. It is a different matter that the investigations into the
Malegaon bomb blast helped unearth the widespread Hindutva terror network
whereas the Modasa blast probe was abandoned midway. Despite its apparent
inability to crack the case, the Gujarat police did not deem it necessary
to solicit help from ATS Maharashtra which had successfully cracked the
Malegaon bomb blast case.

Read more- #SamjhautaBombing: NIA chief gives clean chit to Lt Col Purohit
<http://www.catchnews.com/india-news/samjhautabombing-nia-chief-gives-clean-chit-to-lt-col-purohit-1461209814.html>

Leena Gita Reghunath, former editorial manager at *The Caravan*' who has
done painstaking work to bring forth the truth in the 'Hindu Terror' cases
had in an article
<http://www.caravanmagazine.in/perspectives/blinkered-justice-aseemanand-hindu-terror#sthash.viXRsjSf.dpuf>written
around the same time provided further details about how investigations in
these cases were falling apart.

"*A string of witnesses turned hostile in the Ajmer case, which is being
tried at the NIA court in Jaipur. Most of these witnesses were from the
rank and file of the Sangh, and one of them, Randhir Singh, is a minister
in the BJP's Jharkhand government. The public prosecutor in the case,
Ashwini Sharma, told the Indian Express that **'t**he testimonies of those
who have turned hostile would have made for a watertight case. Despite
tough cross-questioning, they refused to admit in court what they had once
told the ATS or the magistrate. This considerably shakes the ground of the
case.**'*

*The case surrounding the Samjhauta bomb blast, which was the most
devastating in terms of casualties, with 68 people killed, has been
similarly hampered by uncooperative witnesses. As of the second week of
July, ten witnesses had turned hostile at the trial, being heard at the NIA
court in Panchkula, Chandigarh. These included Bharat Mohan Rateshwar and
his wife Kavita, who, according to the chargesheets, hosted crucial
meetings at their home in Valsad district in Gujarat, thereby witnessing
the planning of the attacks."*

A key point raised by the NIA in exonerating Sadhvi Pragya is that although
the bomb planted in Malegaon was on a motorcycle owned by her but she was
not using it and it was with other accused. Question remains whether law
can be applied differently in different cases. In the 1993 Mumbai blasts
case, Rubina Memon was convicted as the car used to transport bombs was
registered in her name. A F
<https://www.facebook.com/groups/rakeshfilm/>acebook
post <https://www.facebook.com/groups/rakeshfilm/> by well known filmmaker
Rakesh Sharma poses an important question

"*Rubina is now serving a life sentence for her 'role'. If ownership of the
bomb-laden vehicle is enough for a conviction, then Sadhvi and Rubina must
be treated as equal before the law, a fundamental right India extends to
all is citizens, not just some!*"

Perhaps the last word in this particular case would be reserved for Rohini
Salian. When she was contacted by the *Indian Express *about the turn
around by the NIA she simply said
<http://indianexpress.com/article/india/india-news-india/over-to-the-court-salian-who-raised-first-red-flag-2799728/#sthash.NLi62lH7.dpuf>

*"This chargesheet the NIA filed today is their opinion, it's not a
judgment. The order has to come from the court that will decide on the
basis of evidence submitted to them earlier and now. They need to club the
chargesheet filed earlier by the ATS and what has been given now by the
NIA, and come to their own, independent conclusion and decision.*"

(
http://www.catchnews.com/politics-news/why-exoneration-of-sadhvi-pragya-should-worry-everyone-who-stands-for-justice-1463399413.html
)

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