Image: Jayshankar Menon

In a bid to fix quick responsibility following any acts of “terror”, the law enforcing agencies abduct persons deemed suspicious (the testimonies specifically point out to kidnapping or abduction by the police and not arrest), what follows is a media trial wherein the fourth estate act as faithful stenographers of the state. Thus public memory remains prejudiced and fixed onto that moment of televised castigation of people even before the trial has been concluded.

The media, investigating agency or the judiciary have no fear of any consequences and therefore they are able to implicate the innocent through the systematic abrogation of the criminal justice system. In institutionalising impunity, those who keep guard to defend the state from its ostensible predefined enemy continue to remain outside the purview of law even after a series of acquittals. Thus, the arbitrariness and lawlessness of those responsible for enforcing law gets exposed to show the inherent bias and throws light on routinisation of “wrongful prosecution” as a means to portray that the rule of law is being adhered to, even in extraordinary cases of terrorism. As opposed to the spectacle of arrest of an alleged terrorist, their discharge following a number of years, sometimes decades, is not considered a matter of importance. Their struggle largely remains invisibilised.

Taking cognizance of the above, India’s first People’s Tribunal on Acquitted Innocents was organized on October 2 at the Constitution Club of India to call attention to unrepresented and unheard voices of those wronged by the system. The Tribunal consisted of a jury headed by a retired judge, AP Shah along with other distinguished members from the legal fraternity as well as the larger civil society. This event was facilitated by Innocence Network India, which is an all India network of individuals and organisations facilitated and supported by JTSA, Quill Foundation, Peoples’ Campaign against Politics of Terror, Association for Protection of Civil Rights, Aman Biradari, Karvaan and others.

All testimonies revealed a sordid ordeal of brutal torture, the duress under which a confession is obtained, plantation and fabrication of evidence, long-drawn legal proceedings, hostility of jail inmates, constant humiliation and helplessness. The stigma of belonging to the family of a “terrorist” affected their families in ways which iis difficult to reverse. Their little kids were rebuked in school, their elderly parents had to arrange for their legal assistance despite their ailing health. The long wait to see their loved ones walk free took a toll on them.

Md. Nisaruddin was falsely implicated in 1994 and spent 23 years in jail before he was acquitted. His brother, Zahiruddin, who was accused in the same case, spent 14 years in jail. In their absence, their father, “passed away in distress, mother went into depression and the society shunned them.” This is not a one-off case of wrongful prosecution; there are others like them who have spent years languishing in jails, only to be acquitted later for the want of evidence. Senior journalist Iftikhar Geelani, Dr. Faarog Makhdoomi from Malegaon, Shoeb Jagirdar from Jalna, Md. Aamir Khan from Delhi, Dr. Md. Yunus, Haji Md. Salees, Syed Wasuf Haider from Kanpur, Sanauddin from Karnataka, Abdul Wahid and Zubair Ahmed from Maharashtra, who participated in the Peoples’ Tribunal, had similar heart-wrenching stories of abduction, torture, castigation and acquittal to tell.

In the Aurangabad Arms Haul Case, the main accused Adbul Wahid was a driver by profession. He was called to the police station for questioning and was later produced before the media as the man who drove the terrorists around in the city. It still surprised Abdul Azim that the policemen asked him to “rise up to the occasion and do something for his country”. When he resisted, his women relatives were brought to the police station and were threatened of sexual assault in his presence to obtain his signature on his “confession”. In most of the cases, the confession formed bulk of evidence against the accused which was obtained through custodial torture. Victims were subjected to numerous third degree methods of physical harm like electric shocks on private parts, water boarding, gassing, beatings, stretching of legs for a prolonged period of time.

Image: Jayshankar Menon

The narration of every case, brought out persisting struggle of everyday life which is spent amidst social isolation and continuous surveillance. The livid experiences of spending a number of years in incarceration takes a toll on victims and their families. Loss of livelihood opportunities accompanied by shrunken avenues of employment, loss of prime of their youth, multi-layered psychological effects of staying away from their families make it difficult for them to blend easily with the mainstream. The trials run into years and some of the accused have languished in jail for as long as 23 years; before they were acquitted. Their acquittal doesn’t mean a return to normalcy. Since there is no acknowledgement and recognition of the wrong done, their lives are caught in the interminable cobweb of suspicion and enduring struggles to build their lives and support their families.

Everyone present in the hall was moved during the tribunal by these personal accounts. In their preliminary observations, the jury emphasised on the need to fix criminal culpability on investigative officers for wrongful prosecution and that this provision must be made to supersede Section 197 of the CrPC that requires sanction from government departments before a case can be registered. Further, they also pointed out to the systematic ways in which, the entire prosecution process is oriented towards implicating persons from a minority community. They stressed upon the urgency for creating a legislative framework in consonance with India's commitment to ICCPR's article 14 (6) which states that:

When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

Impunity is not only political and legal, but also moral. The public at large remains detached from the outcome of these cases which contributes to the continuing ostracisation of the victims. Knowledge and public recognition of what happened is important for individual closure. The Tribunal was an effort to publically acknowledge the innocence of these men who were at the receiving end of systematic and institutional prejudice. Through recognising the harm done, the Tribunal sought to make not only the state accountable, but also put onus on the society to orient themselves towards shaping their lives in a holistic manner. It brought out that by dusting off their responsibility of rehabilitation, reparation and fixing culpability for wrongful prosecution, the state and its agencies are wanting to keep a community in the shade of criminalisation.
 
(Surya Ghildiyal completed her MA in Conflict and Peace Studies from Jamia Millia Islamia in 2014 and currently works in the development sector. 

Preetika Nanda completed her MA in Conflict and Peace Studies from Jamia Millia Islamia in 2014. She is currently researching and documenting mass enforced disappearances during the decade-long conflict in Punjab.)

The post Life After Acquittal: Narratives at a People’s Tribunal appeared first on SabrangIndia.

A letter from Jail after the Judgment

Excerpts from the Letter Written by Those allegedly Wrongfully Convicted. This letter was written by the accused from prison and sent through their lawyer a year back on September 21, 2015 after the delivery of judgement and before the sentencing

• Mr. Shishir Gupta, related to Hindustan Times, has firmly claimed in his book “Indian Mujahideen” that the arrested 13 accused were never involved in the 7/11 Train Blasts case but Indian Mujahideen was involved in it.
• It is also to be noted that three arrested accused in MCOCA Special Case no. 04/09 (Indian Mujahideen case) have made confessions that they were involved in 7/11 train blasts…but those accused were never involved in our case.
• The real culprits of the 7/11 Train Blasts case are the members of Indian Mujahideen who were arrested by Crime Branch in 2008 and not us. When the ATS failed to arrest the original culprits after 7/11 blasts in 2006, these criminals became more confident that they could never be arrested and therefore dared to plan and conspire more blasts which shook nation in 2008. Hundreds of innocent lives were sacrificed due to the inability and impotency of the ATS. If the ATS would have arrested original or real culprits in 2006 in this case, then the bomb blasts in 2007 and 2008 would not have occurred and hundreds of innocent lives would not have been wasted. The worthless ATS abetted the crime of Indian Mujahideen by arresting innocent people and closing the investigation without catching the real culprits.

Excerpts from the Letter Written by Those allegedly Wrongfully Convicted. This letter was written by the accused from prison and sent through their lawyer a year back on September 21, 2015 after the delivery of judgement and before the sentencing
 
Entire Text of Letter can be read below:

After 9 years of long wait, we 12 of the 13 arrested accused are held guilty, now some of us or all of us will get death sentence and others will be punished for life imprisonment. You may be happy that at last you have got justice after 9 years. Your hearts might be delighted and feel some relief that the killers of innocent people are sent to the gallows. Your happiness and feeling of relief is natural. But we are sorry to say that your happiness and satisfaction is fictitious and not real, as we 12 (held guilty) are not the murderers of your loved ones but we ourselves are the victims of these blasts. You might be happy but the spirits of your loved ones killed in these blasts are still screaming for justice. Those who were killed in these blasts and injured persons and all of you did not get real justice and you will never get it unless and until the real culprits get punished.

ATS and Mumbai Police could not reach to those who actually conspired and executed the blasts, though they have got some leads. It is on record that a police party had gone to Bhatkal, Karnataka, to arrest RiyazBhatkal, the founder of Indian Mujahideen on 30/07/2006. Station Diary Entry no. 2 dated 30/07/2006 of unit-7 of DCB-CID proves it. (A copy of this diary entry is available to us.)

When ATS failed to arrest the real perpetrators of the 7/11 Train Blasts, they started searching for ‘scapegoats.’ We 13 innocent persons were arrested only to cover up the inability of the police and government. They fabricated the evidence against us and the evidence which may prove our innocence were either destroyed or covered up only to show that they successfully arrested the original criminals…but…the reality was that the original criminals were in their safe havens and planning their next target. Out of us 13 arrested persons, none was connected to this heinous crime in any manner. ATS tortured us and our relatives and friends to get signatures on readymade confessions and statements. Apart from us, our family members were also tortured and harassed. Some of the best officers were selected not for arresting the real culprits but only to fabricate evidence and documents. Those who refused to implicate us in this case falsely were sidelined. One honest officer of ATS ACP ShriVinodBhat committed suicide as he could not bear the pressure of his seniors and he could not gather courage to sacrifice innocent people in the name of ‘fast’ and ‘fair’ investigation.

Another honest officer who did not disclose his name decided to expose the truth and to save the innocent people. He exposed the false investigation of the ATS by writing a letter to the President of India on 03/11/2006.

Apart from the best officers of the ATS, a team of legal experts was also involved in preparing false evidence and chargesheet. This chargesheet was nothing but a bunch of lies, having statements of so-called eye-witnesses. These so-called eye-witnesses were informers of the police or habitual criminals or the stock witnesses of the police. A huge amount in several cases was extravagantly spent to prove the false story of the ATS. And this amount was, of course, of the public, who pay income taxes and other taxes from their pure earnings.

We are not terrorists but victims of this case like you. Only the difference is that your lives have been ruined by terrorists and ours by terrorists in khaki uniform. Just look into the following points, which cannot be denied even by the ATS.

1.  As per the chargesheet, the bombs were assembled in a small room of 10×12 ft. in the slum area of Shivaji Nagar, Govandi. This bomb making continued for 3 complete days in that over-crowded slum area…but surprisingly ATS did not get even a single eye-witness from that area. Instead, ATS introduced a so-called eye-witness from Vikhroli, who had come there with his friend. The so-called eye-witness has a case registered against him at Park Site Police Station. Police lured him into closing his case if he became witness in this case (7/11 case). This so-called eye-witness is also the local president of BJP. 

2.  As per the chargesheet, seven bombs were assembled and these bombs were planted in seven different trains by seven different pairs. Each pair had an Indian and a Pakistani planter.
ATS made ‘thorough’ and ‘fool proof’ investigation and ‘cracked’ the whole case…but surprisingly ATS could arrest only the 5 Indian planters. Other two planters are unknown to ATS also, till date…though ATS had claimed that they have ‘completely cracked’ the case…in this possible?

3.  Between the night of 21 and 22 August, 2006, ATS had killed an alleged Pakistani terrorist Abu Osama, who was later shown as ‘planter’ in this case. At that time, one more Pakistani Riyaz Nawabuddin was also arrested by the ATS.
As per the ATS, Riyaz was staying with Abu Osama, who was shown involved in the 7/11 Train Blasts case. But, surprisingly, Riyaz was not shown involved in the 7/ 11 Train Blasts case and later deported to Pakistan. ATS could not find any connection between Riyaz and 7/11 Train Blasts case, who was staying with the bomb planter of the 7/11 Train Blasts case…can you digest this theory?

4.  As per the ATS, two accused in this case, Mohammed Ali and Asif Khan were also involved in the Malegaon 2006 Blast case. ATS had declared that these two accused had used the remained RDX from the 7/11 blasts in Malegaon. Later, the investigation of Malegaon 2006 Blast case was handed over to the NIA (National Investigation Agency) and NIA arrested a different set of accused and gave a clean chit to these two accused and others and all of them were granted bail. Clean chit from NIA proved that ATS had falsely implicated them in that case…is it not possible that these two accused and all of us were also framed in the 7/11 Train Blasts case?
Now just look at some more points.

5.  In 2008, the whole nation was shocked by bomb blasts in Surat, Ahmedabad, Jaipur, Delhi, Hyderabad, Bangalore, etc. ‘Indian Mujahideen’ claimed responsibility for all these blasts by sending emails to media and police. In one of such emails, Indian Mujahidden (IM) had also claimed the responsibility of 7/11 Mumbai Train Blasts. This email is a part of the chargesheet of Hyderabad Blast case (and a copy is available to us also).

6.  On 24/09/2008, Mumbai Crime Branch, arrested 5 member of IM and announced that those were also involved in the 7/11 Mumbai Train Blasts case…but they were not arrested in our case as it would have exposed that ATS had carried out great injustice to us, the 13 innocent accused.

7.  On 07/10/2008, Mumbai Crime Branch filed a remand application R.A. No. 114/08 in MCOCA Special Case No. 04/09 and in this application they had claimed that Riyaz Bhatkal and his organization IM was involved in the blasts carried out in Mumbai, Surat, Ahmedabad, Delhi, etc. since 2005, including 7/11 Mumbai train blasts.
Riyaz Bhatkal is the same person whom Mumbai Crime Branch wanted to arrest in 2006 and had gone to Bhatkal, but failed to arrest him and returned empty handed.

8.  Shri Rakesh Maria, the chief of Crime Branch in 2008 had announced on 06/10/2008 in a press conference, alongside then Commissioner of Police and then chief of ATS Shri Hemant Karkare that IM was responsible for 7/11 Mumbai train blasts.

9.  Apart from this, Delhi Police Special Cell, Ahmedabad Police, Octopus, NIA and other elite investigation agencies of our country had claimed that IM was solely responsible for 7/11 Mumbai train blasts in 2006 (and not us).

10.  In February 2010, the Government of India handed over a dossier to Pakistan which had the details of all the wanted accused sheltered by Pakistan. Our government had mentioned in it that Riyaz Bhatkal, his brother Iqbal Bhatkal and Dr. Shahnawaz &others are wanted as they had direct role in 7/11 Mumbai train blasts. Surprisingly, the government claimed their involvement in our case but they are not shown as wanted accused in the chargesheet. Inclusion of those names will destroy the claims of ATS that some other accused are involved in this case, means our case.
At least now you may be clear and sure that either the chargesheet filed by the ATS in our case is false or the dossier submitted by our government is false…The reality is that ATS has filed false chargesheet against us.

11.  Mr. Shishir Gupta, related to Hindustan Times, has firmly claimed in his book “Indian Mujahideen” that the arrested 13 accused were never involved in the 7/11 Train Blasts case but Indian Mujahideen was involved in it.

12.  It is also to be noted that three arrested accused in MCOCA Special Case no. 04/09 (Indian Mujahideen case) have made confessions that they were involved in 7/11 train blasts…but those accused were never involved in our case.
 
The real culprits of the 7/11 Train Blasts case are the members of Indian Mujahideen who were arrested by Crime Branch in 2008 and not us. When the ATS failed to arrest the original culprits after 7/11 blasts in 2006, these criminals became more confident that they could never be arrested and therefore dared to plan and conspire more blasts which shook nation in 2008. Hundreds of innocent lives were sacrificed due to the inability and impotency of the ATS. If the ATS would have arrested original or real culprits in 2006 in this case, then the bomb blasts in 2007 and 2008 would not have occurred and hundreds of innocent lives would not have been wasted. The worthless ATS abetted the crime of Indian Mujahideen by arresting innocent people and closing the investigation without catching the real culprits.
 
Our government knows very well that none of us 12 convicted persons are involved in this case in any manner and that we 12 are innocent. But if we would have been released, then the whole nation will scream “where is justice?”, “If these 12 are innocent, then who committed the blasts?”, “When will we get justice?”. And therefore to calm you down, we all 12 were sacrificed to keep the “morale” of the ATS and the police high, though ATS has no morals and no humanity.
 
Are you still satisfied by the ATS?
 
Are you still not convinced of our innocence?
 
Then…please surf the internet to read all the news and articles since 2008 regarding Indian Mujahideen.

Call the dossier of our government handed over to Pakistan in 2008 and make sure that we are not lying.

Meet Mr. Shishir Gupta of HT and Mr. Rakesh Maria and ask about their claims regarding 7/11 Train Blasts case, whether their claims are true or false?

Come to the court and see the case papers of the Indian Mujahideen case (MCOCA Special case no. 04/09)…you will find our claim of innocence genuine.
 
Before getting happy on the judgement of our case, you will have to make sure that whether we 12 are guilty or not?
 
And if we are not guilty…and certainly not we are…then instead of becoming happy, you should explode on ATS as ATS has fooled not only you but the entire nation and they are indirectly responsible for each and every death caused by IM after the 7/11 train blasts.
 
We 12 are innocent and never committed any blast and have never killed any single person. Your loved ones did not die due to us…alas we ourselves are victims of these blasts like you all. You are victims of terrorism and we are the victims of state terrorism. Your relatives died once 9 years back…but…we are dying every day since our arrest. And now, by declaring us “guilty” on the basis of false evidence, we are being deprived of this right of dying daily.
 
We humbly request you to come and stand up…and try to know the reality. Read the judgement copy…have a look on our defence evidences and documents, our call detail and location detail records of our mobile phones, deposition and evidence of defence witnesses, the chargesheet filed by the ATS…and at last all the documents related to Indian Mujahideen…you will know that you did not get justice.
 
If you want justice for yourself and for the peace of the spirits of your loved ones…then you will have to rise up and discover the facts and reality.
 
Awake and rise…

…to punish the real culprits of the 7/11 blasts.

…to make the ATS accountable for fooling you and the entire nation.

…to change the trend of implication of innocents falsely.
 
The real power is in this democratic country are its people and not the politicians or the police. It is your duty to provide justice to the innocent spirits of your relatives.
 
Be aware…that certainly you and the spirits of your loved ones will never get justice by hanging us 12 innocent persons. On the other hand, the terrorists will think that nobody can bring them to justice and they will remain a danger for other innocent lives.
 
We are innocents like you all and are always with you in your grief and pain and as we are victims too, not responsible for your unbearable pain.
 
We most humbly request you to stand with us in the High Court and make a petition in the High Court praying to punish the real culprits and not the innocents. Or at least write a letter to the Hon’ble Chief Justice of Bombay High Court and other officials to get justice, or do whatever you can in this regard.
 
We hope and wait for your positive and just response.
Prove yourself as a fair and just democracy in the name of those injured and dead.
 
Thanking you,
12 innocent convicted of the 7/11 Train Blast case

September 21, 2015

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