Author: D K Singh
Publication: The Indian Express
Date: November 28, 2011
URL: http://www.indianexpress.com/news/aseemanand-questions-bail-to-malegaon-7-claims-was-tortured/881306/0
Ten days after seven accused in the 2006 Malegaon
blast case were released on bail, partly because of his confession that Hindu
extremists were behind the attack, Swami Aseemanand has questioned the decision,
reiterating that he had already retracted that statement made by him under
"extortion".
In a memorandum sent to President Pratibha
Patil yesterday, with copies to the prime minister, home minister and the
National Human Rights Commission among others, Aseemanand also alleged that
he had been tortured "on account of my religion".
"How can my extorted confession that
was retracted be taken... to the aid of the Malegaon accused when no court
has pronounced on my retracted confession? How can NIA (National Investigation
Agency) support the bail pleas of Muslim accused in the Malegaon case in the
face of the confession by these accused and the inputs shared by the government
of India with the US and the UNO?" Naba Kumar Sarkar alias Aseemanand,
who had been arrested in Mecca Masjid blast case in 2007, says in the memorandum.
"What a travesty of justice! On one hand
a Hindu sanyasi like me is being made to suffer unimaginable and unbearable
indignities by investigating agencies and state actors so as to extort my
confessions. On the other hand, Muslim accused in the Malegaon case are allowed
bail on the stand of the Union Home Ministry and the NIA using this extorted
(retracted) confession," stated Aseemanand.
In November 2010, he had been arrested by
CBI officials from Haridwar en route Delhi, said Aseemanand. "CBI officials
on several occasions stopped the vehicle on the roadside in pitch dark and
made me kneel on the ground. After putting pistol on my temple they threatened
to kill me if I did not act as per their desire. Upon my refusal they threatened
that they would push me towards on-coming speeding traffic and that my death
would be in accident. In this situation I felt ashamed that as a Hindu I have
no human rights; I was subjected to torture on account of my religion. In
custody, I was isolated. Losing all hope and to save my family members, I
succumbed to their pressure and torture."
He said that CBI officials "tortured"
him to give 164 statements. He alleged that even in judicial custody CBI and
NIA personnel enjoyed free and unregulated access to him. "On occasions
even after midnight I was insultingly treated and (accused of) involvement
in various blast cases. They also threatened to eliminate my mother, brother,
and other relatives if I did not succumb to their demands," stated Aseemanand,
adding that when he was produced before the magistrate in Delhi on December
18, 2010, CBI officials were present in plainclothes and one of them "directed"
him to depose "as per his instructions and the typed statement given
by him".
"Because of the immense mental and physical
pressure I could not muster enough courage to tell the magistrate that I was
making the statement under compulsion."
He gave graphic details of his "unbearable
physical torture" and stated, "They indicated that if I ever failed
to tow their line, my mother would be brought from Hubli, I would be subjected
to indignities before her after being undressed."
"While in judicial custody in Tihar jail,
I was kept in a cell along with two Muslim prisoners. They knew who I am.
I was under traumatic condition and had no courage to resist the threats.
I made the statement before the court as desired and tutored by the CBI officials,"
said Aseemanand.
He said on January 15, 2011, he was taken
to the room of "Dept" Superintendent, Central Jail Ambala, where
NIA officials were present.
They gave him draft of the statement and directed
him to make the said statement before the magistrate.
"Surrounded by such desperately deadly
law enforcement agencies I again succumbed to the dictates of NIA officials
and got recorded confessional statement on 15.01.2011 before the Panchkula
court," said Aseemanand, adding that ATS Rajasthan too "forced"
him to write an application to become approver in the Ajmer blast case.
"Madam President, my confession was a
result of the unimaginable physical and mental torture. This has been retracted.
No judicial court has pronounced on my confession one way or the other. How
can the accused in the Malegaon be shown indulgence of bail on the basis of
my retracted confession when they had themselves given their confessional
statement in the case? I get an impression that I am being targeted because
I am a Hindu...," said Aseemanand.
He added, "Madam President, it is astonishing
to learn how after carrying out detailed investigations, and having informed
the United Nations and the US about the involvement of Lashkar-e-Toiba and
HUJi terrorist behind the Samjhauta blast, the home ministry has taken a summersault
and started to rely upon criminally extorted confessional statement, which
has already been retracted by me."
