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Samjhauta Acquittals: Modi's India is Protecting Hindutva Terrorists
An Indian court has recently acquitted all accused in Samjhauta Express terrorist attack of February 2007 that claimed 68 lives, including lives of 43 Pakistan citizens, 10 Indian citizens and 15 unidentified people. This latest verdict came after the acquittal of these and other accused who had confessed to a series of bomb attacks on Muslim targets including Mecca Masjid, Malegaon and Ajmer sufi shrine. These attacks claimed many innocent Muslim lives. The latest acquittals are a continuation of prior shameful judgements by Indian judges in Afzal Guru death sentence and Babri Masjid cases. These trends pose a serious existential threat to India's rule-of-law, democracy and economy.
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Swami Aseemanand |
Samjhauta Express Attack:
Immediately after the Samjhota Express attack in 2007, the Bharatiya Janata Party (BJP), as well as some Indian media organizations blamed Pakistan for the attack. Later, an investigation by India's National Investigation Agency (NIA) concluded that the attack was carried out by four men - Swami Aseemanand, Kamal Chauhan, Rajinder Chaudhary and Lokesh Sharma - linked to the Hindu far-right group Abhinav Bharat which has close ties to Narendra Modi's Hindu Nationalist BJP party.
In 160 page verdict, Special NIA court judge Jagdeep Singh said that 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. With ‘anguish", the judge said that a ‘dastardly act’ has gone unpunished for lack of evidence.
In his order, the judge further 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.”
Afzal Guru Execution:
Mohammad Afzal Guru was a Kashmiri who was convicted for his alleged role in the 2001 Indian Parliament attack. He was sentenced to death in a controversial judgment and executed on February 9, 2013.
In upholding the death sentence, the Indian supreme court acknowledged that the evidence against Guru was circumstantial: "As is the case with most conspiracies, there is and could be no evidence amounting to criminal conspiracy." But then, it went on to say: "The incident, which resulted in heavy casualties, had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender." This shameful Indian Supreme Court verdict to approve Guru's execution is a great miscarriage of justice with few precedents in legal annals.
Babri Masjid Case:
In a majority verdict in 2010, India's Allahabad High Court judges gave control of the main disputed section, where Babri mosque was torn down in 1992, to Hindus.
This verdict set a dangerous precedent, raising alarms about hundreds of other mosques in India which are claimed as ancient temple sites by the violent Sangh Parivar. L.K. Advani and other major Hindutva leaders, including then Gujarat Chief Minister and now India's Prime Minister Narendra Modi, welcomed it and vowed to build "Ram Temple" on two-thirds of the disputed land awarded by an extremely unwise and politically motivated decision of the Allahabad Court.
In his Ayodhya opinion, Justice S.U. Khan, the only Muslim judge in the three-judge panel of the Allahabad High Court, made a reference to the Treaty of Hudaibiya as follows: "When prophet Mohammad entered into a treaty with the rival group at Hudayliyah(sic), it appeared to be abject surrender even to his staunch supporters."
This quote from Justice Khan shows how defeated and marginalized even the very few well-educated and well-placed Indian Muslims feel at this point....something reflected throughout his verdict. He basically threw in the towel and gave in to the likes of Justice DM Sharma, the most unabashed pro-Hindutva judge on the panel who "established that the property in suit is the site of Janm Bhumi of Ram Chandra Ji" in his opinion.
This is the evidence of absolute Hindutva fascist dominance of India's "secular democracy" on the streets and in the courts of India. It has dramatically increased social hostilities against Indian minorities, according to a Pew Survey. It does not augur well for either democracy or secularism in India.
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Social Hostility Against Minorities in South Asia. Source: Bloomberg |
India's Justice System:
The recent court judgements raise the following question posed by India's Economic Times editors: "If a judge feels that the prosecution is waffling on purpose, why should he or she deliver a verdict? Why should the legal system not allow the judge to express dissatisfaction with the conduct of the prosecution and seek correctives before proceeding to conclude the hearing?"
Independent justice system is essential for Indian democracy which is facing an existential threat from Prime Minister Narendra's government pushing Hinduization of the country. It is also bad for India's economy as top economists have been warning New Delhi against rising intolerance, bigotry and violence in the country.
Prime Minister Modi's Re-Election:
Indian Prime Minister Narendra Modi is seeking a second term as Prime Minister pf India in this year's general election. Some believe that his divisive policies and hateful rhetoric against Pakistan and Indian Muslims are designed to solidify the support of his Hindu Nationalist base. Will he succeed? And if he does, how will it impact India's future? Ashok Swain, professor of peace and conflict research at Uppsala University, Sweden has argued in a recent op ed that "India might not survive another five years of Modi". Here's an excerpt of what he wrote:
"India, a country of huge size and immense diversity, needs a functioning secular democratic structure to survive itself. The South Asian giant becoming a religious authoritarian state is not only a threat to its 172 million Muslims but also to the country’s unity and integrity. Indian polity can possibly be ripe enough to go through a peaceful secular democratic revolution in a period of five to ten years to overthrow an authoritarian leader, but the real risk is that a violent civil war might precede the popular revolution, and that India as a country most likely can’t afford".
Summary:
An Indian court has recently acquitted all accused in Samjhauta Express terrorist attack of February 2007 that claimed 68 lives, mainly Muslims including lives of 43 Pakistan citizens, 10 Indian citizens and 15 unidentified people. This latest verdict came after the acquittal of these and other accused who had confessed to a series of bomb attacks on Muslim targets including Mecca Masjid, Malegaon and Ajmer sufi shrine. These attacks claimed many innocent Muslim lives. These latest acquittals are a continuation of prior shameful judgements by Indian judges in Afzal Guru death sentence and Babri Masjid cases. These trends pose a serious existential threat to India's rule-of-law, democracy and economy.
Why have the world leaders warmly welcomed India's Modi back after shunning him for years for his role in Gujarat 2002 Massacre of Muslims? Celebrated Indian writer and rights activist Arundhati Roy explains to Mehdi Hasan of Aljazeera
Related Links:
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Ayodhya Verdict Belongs in Hall of Shame
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Comment by Riaz Haq on August 2, 2021 at 11:07am
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Davinder Singh tortured me, told me I had to do small job for him: Afzal Guru letter
Afzal Guru alleged that Davinder Singh and other J&K police officers introduced him to one of the men who attacked Parliament, asked him to arrange for logistics.
https://theprint.in/india/davinder-singh-tortured-me-told-me-i-had-...
“One day he (Singh) told me that he want to purchase a car. Thus I went with him to Karol Bagh. He purchased the car. Then in Delhi he used to meet different persons and both of us he Mohammad and me used to get the different phone calls from Dravinder Singh. One day Mohammad told me that if he want to go back to Kashmir he can. He also gave me 35000 Rs. and told me that this gift is for you.
“6 days or 8 days before I took a rented room at Indra Vihar for my family as I decided to live in Delhi with my family because I was not satisfied with my this life. I left the keys of rented house to my land lady and told her that I will be back after Eid festival on 14th Dec. after parliament attack about which there was a lot of tension. I contacted Tariq in Sgr. [Srinagar]. At evening he told me when I came back from Delhi. I replied just one hour before. Next morning when I was about to leave to Sopore from bus stand Sgr. police caught me and took me to Parampora police station Tariq was there also with STF. They took 35000 Rs. from my pocket, beated me and directly took me STF Head Quarter. From there I was taken to Delhi. My eyes were blind folded. Here I found myself in special police torture cell.
“In special cell custody I told them everything regarding Mohammad etc. but they told me that I Showkat his wife Navjot (Afshan) Geelani are the people behind parliament attack. They too threatened me regarding my family and one of the inspector told me that my younger brother Hilal Ahmad Guru is in STF custody. They can lift the other family members too if I don’t co-operate with them.
“They tried me and forced me to implicate Showkat his wife and Geelani but I did not yield. I told them this is not possible. Then they told me that I should not say anything about Geelani (be about his innocence). After some days I was presented before media hand cuffed.
“I was never given an [a] chance in [the] designated court to tell the real story. The judge told me that I will be given full opportunity to speak at the end of case but at the end he even did not recorded my all statements neither the court gave me whatever even court recorded. If phone numbers recorded will be seen carefully the court would have come to know the phone numbers of STF.”
Afzal says that he was entrapped by Special Task Force of Kashmir and was made to confess under duress.
“In the parliament attack case I was entrapped by Special Task Force of Kashmir. Here in Delhi the designated court sentenced me to death on the basis of special police version which workes in nexus with STF, and also came under the influence of mass media in which I was made to accept the crime under duress and threat by special police A.C.P. Rajbir Singh.
“When I was arrested in Srinagar bus stand I was taken to STF Headquarter from here the special police along with STF brought me to Delhi. In Srinagar at Parompora Police Station everything of my belongings was seized and then they beated me and threatened me of dire consequences regarding my wife and family if I reveal or disclose the reality before anybody.
“Even my younger brother Hilal Ahmad Guru he was taken into police custody without any warrant etc. and was kept there for 2-3 months. This was first told to me by A.C.P. Rajbir Singh.
“Special police told me that if I will speak according to their wishes they will not harm my family members and also gave me false assurance that they will make my case weak so that after sometime I will get released.”
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Ex #RSS Worker Says Top #Hindutva Leaders Involved in Nanded Blast. Yashwant Shinde also claimed that he was told by a senior VHP leader about a #terror training camp that was underway to “carry out blasts across the country”. #Modi #India https://thewire.in/communalism/rss-worker-affidavit-right-wing-lead... via @thewire_in
Shinde is not a prosecution witness in the case. But he claims to have come forward finally because he “couldn’t stay silent anymore”. He told The Wire, “I spent the past 16 years convincing every RSS leader, including Mohan Bhagwat, to take action against those involved in the terror activities. No one paid heed to my pleas. So here I am, before the court, willing to depose everything that I have known for so long.”
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Mumbai: Sixteen years after a bomb exploded at a residence of a Nanded-based Rashtriya Swayansevak Sangh (RSS) worker, a former senior functionary of the organisation has moved an application before a special CBI court claiming that several senior right-wing leaders were directly involved in the incident.
The applicant, Yashwant Shinde, was an RSS worker for close to 25 years and also had associations with other ultra-right-wing groups like the Vishva Hindu Parishad (VHP) and Bajrang Dal. He has claimed that over three years before the blast, a senior VHP worker had informed him about a terror training camp that was underway to “carry out blasts across the country”.
The Nanded bomb explosion that occurred on the intervening night of April 4 and 5, 2006, was one of the three explosions that occurred in the Marathwada region of Maharashtra in the span of a few years. In the other two blasts – in Parbhani (2003) and Purna (2004) – the courts have already acquitted all the persons, who were accused of hurlings bombs at mosques.
The CBI, which took over the case from the Maharashtra Anti-Terrorism Squad, has claimed that the blast occurred accidentally at the residence of one Laxman Rajkondwar, allegedly an RSS worker. Rajkondwar’s son Naresh and Himanshu Panse, a VHP activist, were killed while assembling the bomb. The investigating agencies believe that the bomb would have been used to target a mosque in Aurangabad.
Shinde claims to have known Panse since 1999, when the latter was working as a full-time VHP worker in Goa. At a meeting in 1999, Shinde claimed that Panse and seven of his friends had agreed to undergo weapons training in Jammu. This training, Shinde alleges, was imparted by “Indian Army jawans”.
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Advocate Sangameshwar Delmade, who represents Shinde in the Nanded court, told The Wire that he was also initially skeptical about why Shinde is coming forward now. “I had in fact even posed this question to him. He told me that there was a threat to his life all along. And now he has reached a point where his conscience doesn’t allow him to stay quiet,” the lawyer said.
Shinde, according to his affidavit, joined the RSS when he was 18. He is 49 now. “I have had to distance myself from all these Hindu organisations now. They are no longer working for the ‘Hindu cause’. They are mere puppets in the hands of the ruling party,” he claimed.
As a way of establishing his “credentials”, Shinde’s affidavit lists out events he had participated in during his youth. In 1995, Shinde was arrested under the Public Safety Act for allegedly attacking Farooq Abdullah during his visit to Rajouri in Jammu. Although the court later acquitted Shinde, he interestingly takes responsibility for the attack in this application before the Nanded CBI court. Following this act, Shinde underwent training to be a “pracharak” and was eventually made the head of Bajrang Dal’s Mumbai unit in 1999.
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Hindu Mahasabha workers slaughtered cows to cause communal violence, says UP Police - India Today
https://www.indiatoday.in/india/story/hindu-mahasabha-workers-slaug...
By Siraj Qureshi: Uttar Pradesh Police on Saturday revealed that some members of the Bharat Hindu Mahasabha slaughtered cows themselves to incite communal violence in Agra during the Ram Navami procession.
Agra Police had arrested four youths accused of cow slaughter on the occasion of Ram Navami. The youths were arrested during Ram Navami celebrations in Gautam Nagar of Etmaduddaula area in Agra during a raid.
Regional police told India Today that the names of several office-bearers of the Bharat Hindu Mahasabha have also surfaced in the cow slaughter plot.
According to the information, the name of the Hindu Mahasabha’s national spokesperson, Sanjay Jat, has emerged as the main conspirator. Many workers are also said to be involved in the conspiracy. Jitendra Kushwaha had lodged an FIR about cow slaughter at Etmaduddaula police station.
DCP Suraj Rai said that many facts had come to the fore during the police investigation. Two, named Imran alias Thakur and Shanu named in the FIR were arrested by the police.
Shanu told the police that he reached Mehtab Bagh at 8 pm on March 29 and found Imran, Salman, and Sairo there. They then decided to kill a cow roaming there. That's when Shanu and Imran went and informed Jitendra Kushwaha about this.
Some Hindu Mahasabha workers complained against Jitendra Kushwaha and Sanjay Jat and said they themselves were getting the cow slaughtered to spoil the communal harmony of Agra on Ram Navami.
On the other hand, Sanjay Jat has told India Today that he has been deliberately trapped by the office bearers of the Hindu Mahasabha and the entire episode should be investigated by CBCID. He said that he will complain about these officials to Uttar Pradesh Chief Minister Yogi Adityanath.
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