*A Tale of Two Vehicles*

*Sadhvi’s Motorcycle and Rubina’s Car*



*Ram Puniyani*



Can there be two type of Justice delivery system in the same country? This
question came to one’s mind with the U turn taken by NIA in the cases
related to terror acts in which many Hindu names were involved. Now the NIA
in a fresh charge sheet (May 13, 2016) has dropped the charges against
Pragya Singh Thakur, has lightened the ones against Col Purohit and others.
Along with this new line of NIA is that Hemant Karkare’s investigation in
these cases was flawed and that it was ATS which had got the RDX planted in
Purohit’s residence to implicate him in this case. The implication is that
all this was being done at the behest of previous UPA Government.



A brief recap is in order. Maharashtra in particular and many other places
in the country were witness to acts of terror. The first major attention to
this phenomenon took place when two Bajrang Dal activists were killed while
making the bombs in the house of one RSS worker Rajkondawar (May 2006).
There was a saffron flag flying atop the house and a board of Bajrang Dal
was put up in front of the house. At the site of bomb explosion fake
moustaches, beard and pajama-Kurta were also found. This was followed by
many other blasts, Parbhani, Jalna, Thane, and Panvel etc. In most of these
case police investigated on the lines in which generally Muslims were
blamed for such acts. After every act of blast few Muslims young men were
arrested who were later; after long grueling court cases; were released as
no evidence was found against them.



The Malegaon blast in which Sadhvi’s role came to surface; took place in
2008. In the blasts those returning from Namaj (prayers) were killed and
many injured. Following this the usual suspects, Muslims, were arrested.
Then while investigating the cases the Maharashtra ATS Chief Hemant Karkare
found that the motorcycle used for the blast belonged to Sadhvi Pragya
Singh Thakur, ex- ABVP worker. The trail of investigation led to Swami
Dayanad Pande, Retd. Major Upadhyay, Ramji Klasnagra, Swami Aseemanand
amongst others. They all belonged to the Hindu right wing politics. There
was lots of evidence in the material recovered. One of the helpful evidence
came in the form of the legally valid confession of Swami Aseemanand. This
confession was made in judicial custody in presence of a Magistrate.



In the confession Swami spilled the beans and said that after the Sankat
Mochan blast of 2002, they had decided that bomb will be replied by bomb.
He was then looking after the VHP work in Dangs. He gave the detailed
narrative of the whole process in which all the people were investigated
and became part of the charge sheet of NIA.



When Karakare was investigating the case and many of Hindu names started
coming under the shadow Bal Thackeray wrote in Saamna that ‘we spit on the
face of Karakare’. Narendra Modi; then CM of Gujarat; called him Deshdrohi
(Anti National). Advani also reprimanded Karkare. Feeling the heat of this
pressure from Hindutva political outfits Karkare went to meet his
professional peer Julio Rebeiro. Rebeiro. Rebeiro has a record of high
level of professional integrity. Rebeiro appreciated his painstaking work.
Karkare asked that what should be the stand of a person like him when
facing such a heat from politicians. The senior officer told him to
honestly do the work and ignore these insinuations.



Meanwhile the global terror phenomenon hit Mumbai. On 26/11 ten terrorists,
armed to the teeth attacked Mumbai. On this occasion Karakre got killed.
There is a strong controversy about this killing also. The then minority
affairs Minister A. R. Antulay said that there is terrorism plus something
else which is behind the killing of Karakare. Narendra Modi who had earlier
called Karkare as Deshdrohi landed up in Mumbai and wanted to give a cheque
of Rs. one Crore to widow of Karkare, she refused to accept the amount.



After Karkare’s death the investigations continued on the lines laid down
by him. The charge sheet was ready and all the involved were to be tried
for acts of terror. Meanwhile Government changed at the center and the NIA
adopted the line which has led to the present situation where the efforts
to release Sadhvi are marching with intimidating speed. The change in the
line got reflected in the statement of Public Prosecutor, Rohini Salian.
She stated that she was told to go soft on these cases. As she refused to
toe this, she was sacked.



One recalls that in Mumbai 92-93 violence over one thousand people died.
This carnage was followed by the bomb blasts in which over two hundred
people died. As far as the communal carnage is concerned not many got
severe punishments, no death penalty- no life imprisonment. In the cases of
bomb blasts many have been given death penalty and many more life
imprisonment. One of the people undergoing life imprisonment is Rubina
Memon. Her crime, she owned the car which was used to ferry the explosives.
She never drove the car with explosives.



Sadhvi owned the motor cycle used for Malegaon blasts; she will be out from
the prison soon. Rubina owned the car; she will be in prison all her life.
In Mumbai carnage so many died. No severe punishment to anybody. So many
severe punishments in bomb blast case!



So where does our democracy stand at the end of all this? It seems two type
of justice delivery systems are out there in the open. While shrill debates
on TV will defend Sadhvi and blame Karkare for faulty investigation, the
people in Malegaon are protesting furiously and planning to go to the court
against the change in the stance of NIA. Two political parties seem to be
preparing to save the honor of Karakare and press for sincere examination
of the evidence collected by him.



One hopes the guilty will be punished and innocents will be protected. But
this seems a bit too much to expect in current scenario!



--

Key words

Pragya Thakur, Malegaon blasts, Hemant Karkare, Rubina Memon, Hindutva
Terror, Swami Dayanand Pandey, Lt Col. Prasad Purohit, Rohini Salian, NIA

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