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Time to halt this farce

Time to halt this farce

Author: Sandhya Jain
Publication: The Pioneer
Date: November 25, 2008
URL: http://dailypioneer.com/136639/Time-to-halt-this-farce.html

As terrorist charges against Sadhvi Pragya, Lt Col SP Purohit, and an endless list of others become increasingly surreal, the possibility of their being substantiated in a court of law also appears more remote. Rather than struggle daily with new sub-plots, the Maharashtra Anti-Terrorism Squad would do well to release the accused and abort its nascent career as a pulp fiction-writer.

Even if the tale of 'Hindu terror' had initial plausibility, it fell apart as the arrests degenerated into a fishing expedition of anyone who knew anyone, and the list of their 'successful crimes' became truly incredible. The allegation that Lt Col Purohit supplied RDX for the Samjhauta Express bombings blew the case to smithereens as those explosions were caused by incendiary devices; the Army does not stock RDX; the impugned officer had no access to any explosives nor knowledge of bomb-making; and, there is simply no way an Army officer could be involved in so much covert activity without being detected.

Political analysts feel the case was contrived for political reasons, and the Prime Minister's decision to speak to Mr LK Advani and depute the National Security Adviser and Intelligence Bureau Director to meet him suggests unease at the affair. There are whispers that regional players have driven the crisis to retain their power base, and forced coalition partners into acquiescence. If this is untrue, the sooner the Union Government moves to dissipate this impression the better, as the crisis is having a deleterious impact on the morale of the defence forces.

Mr KPS Gill, the nation's most valiant police officer, led a citizens' delegation to the National Human Rights Commission last Friday, where he said that never in his career had he seen such a prolonged police remand for any woman, let alone a sadhvi. Lt Col Purohit has also mentioned maltreatment, but as only Sadhvi Pragya's affidavit is public so far, it would be worthwhile to note some of its salient points.

Sadhvi Pragya became a sanyasin in January 2007 and was living in a Jabalpur ashram when the Maharashtra ATS called her for interrogation in October 2008 as a vehicle that belonged to her was allegedly involved in the September 29 Malegaon explosion. After she said she had sold it to one Sunil Joshi in October 2004, and the police discovered the latter had been murdered in 2007, matters should have ended there.

Instead, Sadhvi Pragya was illegally detained and interrogated for 13 days from October 10 to 23, with no woman constable ever present. She was beaten by police officers, who also assaulted her disciple, Bhimbhai Pasricha, when he refused to physically abuse her. She was subjected to obscene language and psychological torture, and felt depressed enough to contemplate committing suicide. She was moved from place to place, including being lodged in a hotel, again without women constables. The ill-treatment necessitated hospitalisation for nearly six days, after which she was formally arrested on October 23.

Details of Sadhvi Pragya's narco-analysis and polygraph tests are well known. It is pertinent that a supplementary interrogation technique - used to cover missing links in criminal cases like the Telgi stamp paper scam - was used as a primary tool of investigation, repeatedly, even though it failed to unveil any hint of crime.

This suggests misuse of the ATS by its political masters. A narco-analysis of Swami Dayanand Pande last Friday caused him to lose his senses; he regained consciousness only after eight hours! It is pertinent that media photographs have revealed that both religious persons arrested in this case have been forced to wear civilian clothes during custody, a terrible abomination and a religious insult that should be actionable under Section 495-A of the IPC.

Sadhvi Pragya has rightly asked that narco-analysis and polygraph tests be conducted on the ATS officers who handled her detention and interrogation to unravel the truth about those who masterminded the conspiracy behind her arrest, and that of others, destroying lives and reputations in a disgraceful attempt to equate 'Hindu terror' with jihad.

Indeed, the story was so malleable that when the Samjhauta-to-Malegaon plot began to collapse under the weight of its own contradictions, the scriptwriters twisted it to incorporate a plot to kill top RSS leaders, most notably general secretary Mohanrao Bhagwat. VHP leader Pravin Togadia has rightly said the Maharashtra ATS deserves the Man Booker for its narrative! Seriously, however, the Malegaon accused could have plotted to kill either innocent Muslims or Hindus; not both. Hence, this is clearly a witch-hunt.

In this context, it may be pertinent to know if Lt Col Purohit, during his tenure in Military Intelligence in Jammu & Kashmir, had submitted information that impacted adversely upon the ruling party's political vote-bank, or hurt some other political interests of the powers-that-be. Certainly, the sudden decision to invoke MCOCA even when no credible prima facie case could be established against the accused suggests that there is a desire to hold them in custody at all costs, at least until the current round of Assembly elections, and possibly also the general election, are over.

The Congress-dominated regime's decision to use MCOCA is invidious also because the UPA at the Centre revoked POTA on the plea that existing laws are adequate to tackle terrorism, and more stringent measures are not needed, either at the Central level, or in States like Gujarat, where the police have a good record of unearthing crime. The known terrorist Abu Salem, extradited from Portugal, was removed from MCOCA coverage by a generous State Government, though spiritual leaders and Army officers are being subjected to hideous defamation by selective media leaks.

Some of the purported evidence is truly extraordinary. Photographs of women have allegedly been found in the swami's computer, and one is at a loss to connect them to the Malegaon bomb blast. There are audio recordings of mobile phone conversations that could mean anything, as the word 'bomb' or 'blast' is never used; and there is a witness who has heard both sides of a telephone conversation! Photographs of public functions where media was present are being projected as evidence of a private conspiracy, and overall, the investigation is degenerating into a travesty of justice. It is time to call a halt to the farce.


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