Comment by Riaz Haq on March 28, 2019 at 9:21pm

#samjhautablastcase: With ‘anguish’, NIA judge says crucial evidence was “withheld” by prosecutors resulting in ‘dastardly act’ going unpunished for want of proof. #Modi #Hindutva #terrorism #Islamophobia #Pakistan | #India News, The Indian Express

https://indianexpress.com/article/india/samjhauta-express-blast-wit...

The court has also rapped the investigating agencies in general for what it called a "malaise" to "coin various terms like Muslim terrorism, Hindu fundamentalism etc or brand an act of criminal(s) as act(s) of particular religion, caste or community".

Coming down heavily on the NIA, the Panchkula special court judge, who last week acquitted all four accused in the Samjhauta Express blasts case, said he was doing it “with deep pain and anguish” because a “dastardly act of violence” was going unpunished.

In a 160-page order which was released Thursday — the verdict was delivered on March 20 — special NIA court judge Jagdeep Singh said the “best evidence” was “withheld” by the prosecution and was not brought on record. He said some of the cited independent witnesses were never examined or sought to be declared hostile for cross-examination when they chose not to support the prosecution case.

Naba Kumar Sarkar alias Swami Aseemanand, Kamal Chauhan, Rajinder Chaudhary and Lokesh Sharma were acquitted by the court on March 20. Sixty-eight people including 43 Pakistan citizens, 10 Indian citizens and 15 unidentified people were killed in the blasts which took place on the Attari-bound Samjhauta Express on February 18-19 night in 2007. Two explosions took place in two unreserved coaches between Diwana and Panipat in Haryana. Two bombs that did not go off were recovered later.

Three accused, Amit Chouhan (Ramesh Venkat Malhakar), Ramchandra Kalsangra and Sandeep Dange, have been declared proclaimed offenders. Another accused, Sunil Joshi — the NIA called him the mastermind — was killed in December 2007 in Dewas, Madhya Pradesh.

In his order, the judge said: “There are gaping holes in the prosecution evidence and an act of terrorism has remained unsolved. Terrorism has no religion because no religion in the world preaches violence. A Court of Law is not supposed to proceed on popular or predominant public perception or the political discourse of the day and ultimately it has to appreciate the evidence on record and arrive at final conclusion on the basis of relevant statutory provisions and settled law applicable thereto.”

“In the present case, there is no evidence regarding any agreement to commit the crime amongst the accused persons. There is no evidence regarding any meeting of minds between the accused to commit the crime. No concrete oral, documentary or scientific evidence has been brought on record to connect the accused, facing the trial, with the crime in question. There is not an iota of evidence to make out any motive on the part of the accused to indulge in the crime,” he said.

Observing that a large number of witnesses turned hostile in the case, the judge underlined the need for a sound and workable witness protection scheme in the country. Of 299 witnesses in the case, 224 deposed before the court. Of these, 51 were said to have turned hostile, changing statements recorded earlier.

Comment by Riaz Haq on March 29, 2019 at 7:49am

In Samjhauta Case Order, Judge Expresses Anguish Over Lack Of Evidence

https://www.ndtv.com/india-news/in-samjhauta-blast-case-order-judge...

"I have to conclude this judgment with deep pain and anguish as a dastardly act of violence remained unpunished for want of credible and admissible evidence," read the order, which rapped the prosecution for leaving gaping holes in the evidence it submitted.

The people responsible for the blast in Samjhauta Express, in which 68 people died, remained unpunished for want of credible and admissible evidence, Special judge Jagdeep Singh wrote in the 160-page order which was made public today. The four men accused in the case, including Aseemanand, a saffron-robed monk, were acquitted by the court on March 20.
The blast on February 18, 2007, had ripped apart two coaches as the Samjhauta Express, reached Panipat. The train was on way from Delhi to Pakistan's Lahore, and those who died were mostly Pakistan nationals.

Four years later, the National Investigation Agency had filed a case against eight people, including Aseemanand.

The agency said the accused were upset with the terror attacks on several temples - including the Gujarat's Akshardham, Jammu's Raghunath Mandir and Varanasi's Sankat Mochan Mandir - wanted to avenge them. Only four were brought to trial - one of the accused died and three others could not be arrested.

"I have to conclude this judgment with deep pain and anguish as a dastardly act of violence remained unpunished for want of credible and admissible evidence," read the order, which rapped the prosecution for leaving gaping holes in the evidence it submitted.

The judge also criticised the investigating agencies for coining terms like "Muslim terror" or "Hindu fundamentalism".

"It is generally noticed that a malaise has set in the investigating agencies which coin various terms law Muslim terrorism, Hindu fundamentalism etc or brand an act of criminal(s) as act(s) of particular religion, caste or community," read the order.

The court said that criminals cannot be projected as representatives of the religion, caste or community they belong to. Such branding is totally unjustified, the court added.

Highlighting that many of the witnesses turned hostile during trial, the judge said in the order that a system should be developed to protect witnesses.

The Supreme Court has repeatedly expressed concerns about safety and protection of witnesses and "therefore it is again high time we put in place some sound and workable witness protection scheme at the earliest so that every criminal trial be taken to its logical conclusion," read the order.

Comment by Riaz Haq on November 28, 2022 at 9:54am

Prashant Bhushan
@pbhushan1
Chair of the Jury of Goa Film Festival says that the Jury felt that Kashmir Files was a vulgar propaganda film, inappropriate for the film festival

https://twitter.com/pbhushan1/status/1597267078935121920?s=20&t...

Comment by Riaz Haq on November 28, 2022 at 10:10am

Video: Indian Film Festival IFFI Jury Head Calls 'Kashmir Files' "Vulgar"
Calling it "propaganda" and a "vulgar movie", Israeli filmmaker Nadav Lapid, who headed the IFFI jury, said "all of them" were "disturbed and shocked" to see the film screened at the festival.

https://www.ndtv.com/india-news/film-festival-iffi-jury-head-calls-...

New Delhi: The jury of 53rd International Film Festival in Goa has slammed the controversial movie "The Kashmir Files", which revolves around the killings and exodus of Kashmiri Pandits in 1990 from Kashmir Valley. Calling it "propaganda" and a "vulgar movie", Israeli filmmaker Nadav Lapid, who headed the IFFI jury, said "all of them" were "disturbed and shocked" to see the film screened at the festival.
"It seemed to us like a propagandist movie inappropriate for an artistic, competitive section of such a prestigious film festival. I feel totally comfortable to share openly these feelings here with you on stage. Since the spirit of having a festival is to accept also a critical discussion which is essential for art and for life," Mr Lapid said in his address.

The Anupam Kher, Mithun Chakraborty and Pallavi Joshi starrer, directed by Vivek Agnihotri, was featured in the "Panorama" section of the festival last week.


The film has been praised by the BJP and has been declared tax-free in most BJP-ruled states and was a box office hit. Prime Minister Narendra Modi and Union home minister Amit Shah have praised on the movie.

Many, however, have criticised the content, calling it a one-sided portrayal of the events that is sometimes factually incorrect and claiming the movie has a "propagandist tone".

In May, Singapore banned the movie, citing concerns over its "potential to cause enmity between different communities".

"The film will be refused classification for its provocative and one-sided portrayal of Muslims and the depictions of Hindus being persecuted in the ongoing conflict in Kashmir," read a statement from the Singapore government, reported news agency Press Trust of India.

Mr Agnihotri has alleged an "international political campaign" against him and his film by foreign media.

He claimed this was the reason his press conference was cancelled by the Foreign Correspondents Club and the Press Club of India in May.

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