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2006 Malegaon blasts:
CBI charge sheet, a dereliction of duty? -- A review
Sunday, March 14, 2010 06:38:11 PM ,
Mustufa Khan |
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The CBI
charge sheet in the case of Malegaon 2006 bomb blasts is a faint
lackadaisical attempt in 75 odd pages to show that the so called top
agency has done investigation according to the letter of the mandate
of the government and not the spirit. It belies all the expectations
of the people and smacks of half hearted filling the dots. It
mentions that Abrar Ahmad had got his mobile number 9823436801
activated on June 29, 2006. It was deactivated on February 27, 2007.
The Vodafone agency Jaimala Trading in Somgaon (Soygaon) and its
head office in Pune do not have any other detail than copies of his
ration card and national ID. The company has not been able to
retrieve the conversation on the phone which Abrar carried on among
others with the police including SP Rajwardhan. In fact the name of
Rajwardhan does not appear anywhere in the charge sheet.
All this is far from the truth. Rajwardhan is the first respondent
in a petition case currently heard by the Bombay high court. The
petitioners are the accused in 2006 Malegaon blast. One of them is
Abrar whose CAF (Customer Application Form) shows that the above
mentioned phone was activated on September 18, 2006. This
information is cryptically super scribed on the top of the page as
“Act” and below it the date “18/9”. There is also another mention of
date as 18/9/06.It is very queer that CAF has not been filled in
properly. How could the company accept the form in the first place
unless it was forwarded by some influential person? If this were so
why did that person do it?
The CBI has disingenuously not touched upon the main issue. It has
not investigated such crucial fact that the ATS had transgressed its
bounds and had been handling the 2006 case which was formally being
investigated by the Malegaon police then. Rajwardhan was the rural
SP of Malegaon at that time. The DCP of ATS had submitted a report
to the government on the basis of which the Additional Chief
Secretary (Home) AP Sinha had issued an order to intercept the phone
9823436801. The order does not mention the subscriber. Does it mean
that the name of the subscriber was deliberately planted later on?
Is the name added by the same influential person? If so then it
would amount to framing the subscriber in the blast case.
The CAF does not have the signature of Abrar at two places and
activation is not mentioned at the specified space left blank. No
agency would accept such anomaly unless overwhelming powerful
influence is brought to coerce the agent to comply with the
authority. The phone number is entered in handwriting rather than
the sticker of number pasted!
The incriminating sentence of Zahid A Majid Ansari of Phulsangvi,
Yawatmal, cannot stand scrutiny in the court of law. Analyzing only
six words (haan, mader chod, us ke baad, Bolna, pandrah, nikal)
according to acoustic and linguistic features need to be
corroborated with circumstantial evidence.
According to Malegaon City PS II 3088/06 there were four bombs
planted on September 8 and one fake bomb on September 13 2006 at
11.50 hours. The charge sheet strangely says about the last bomb:
“some unknown persons planted bomb like object, knowing that it was
not a bomb, at Mohammadiya masjid at communally sensitive Perry
chowk with the object of causing disharmony between Hindus and
Muslims in Malegaon with the object to cause riots.” This has been
proved to be wrong as no Hindu-Muslim riots have taken place
anywhere let alone in Malegaon following a blast. How do the police
claim to know that the bombers knew that of the five bombs planted
the last one would not kill anyone? This does not square with the
claim that Perry chowk is communally very sensitive. The other blast
sites at Hamidiya mosque and Mushawarat chowk are in Muslim ghettos
which are not communally sensitive at all. Moreover, violence
erupted at Azadnager police station when the irate mob went berserk
and police opened fire at the protesters.
If the bomb at the mosque in Perry chowk was planted by the same
accused why would they not like to kill more people when they had
already killed 31 and injured 312 others? If the police claimed that
the terrorist attacks were aimed at creating enmity between Hindus
and Muslims and causing communal riots why did the same accused
suddenly change their heinous design and played a hoax on the people
of the town? Why did they choose 11.50 peak traffic hours to create
a tamasha at the chowk? Would this have helped them? Something is
definitely fishy about the fake bomb.
A few pages of the charge sheet deal with Amin Chowdhary’s refuting
what Abrar has said about how he came to know about the involvement
of the Hindus in the blasts. The CBI did not care to look at what
Amin had said in his earlier affidavit of October 20, 2006. In this
he told those things that corroborate what Abrar had said.
Therefore, the later statement of Amin is a clear attempt to protect
Rajwardhan as Amin, as well as Abar’s wife and her father Iqbal
Chowdhary, was under pressure from Rajwardhan. Abrar alleges in his
affidavit submitted to special MOCOCA court of Judge YD Shinde on
April 18,2009 that Rajwardhan had distributed more than twenty five
lakh rupees among his in laws in addition to flats given to them in
places like Mumbai and Bhiwandi.
As a matter of fact CBI has simply supported the charges framed by
Malegaon police under Rajwardhan and ATS under Raghuvanshi against
the accused without carrying out a proper investigation as it is
obliged under section 169 and section 173(8) of CrPC.
CBI report is in defiance of and in disregard to the popular feeling
of discontent over Police/ATS performance prompted by the police
sketch of two bombers who had bought the new cycles, the
disappearance of a body with fake beard and torso missing, the
mysterious suicide of Pervez Azhar who had reportedly seen the bomb
planted and talked to the planter which the police failed to account
for, etc.
Amin's disavowal of Abrar's claim is bizarre. It is human curiosity
to know "who done it." Sherlock Holmes would smirk at the puerile
police and detectives of our agencies. When Abrar knew the persons
responsible for the blasts would Amin not like to hear the names,
like one of the monkeys closing its ear so that it does not hear
evil? Amin says: "Abrar came to me around 20 hours (8 PM) and said
that he knew who were behind the incident. But he did not give any
name." Amin then says, "main ne kaha ya to naam batao mujhe ya to
police ko naam batao". "Then Abrar remarked that he would talk about
the matter later." Amin also denied what Abrar said about Vardha. He
says that his sons did not donate blood for the injured in the
blasts. They did not go with Abrar on 8-9-2006 anywhere. He also
says that it is white lie "srasar jhoot" that Abrar gave out the
names of the men behind the bombing on the night of 8-9-2006 at the
house of his father in law Iqbal Chowdhary. Such vehement disavowal
or "srasar jhoot" would make one recall what Albert Camus said about
his book The Outsider. "Lying is not only saying what isn't true. It
is also, in fact especially, saying more than is true and, in the
case of the human heart, saying more than one feels."
The case is sub judice and the court would better find out the
truth, especially how could the phone company not keep the caller
data record (CDR) when the Additional Chief Secretary had ordered
the interception of the phone 9823436801, which the ATS were already
monitoring.
The local police had investigated the case until October 23 2006
when it was entrusted to ATS. CBI took over on December 21 only one
day after ATS submitted its charge sheet. The order of the
Additional Chief Secretary dated September 20, 2006 comes forty
eight hours after the activation of mobile given to Abrar. Did the
government wait for or connive at this switch back movement in
investigation?
The writer is retired as a
professor at MSG College, Malegaon
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