A couple of points here. I had chanced upon Mr. Raghuvanshi, the ATS head, in a public event . He was specifically asked why not "war against the state"? His reply was that the charges framed are easier to prove. Punishments as or more severe. Needs be checked, of course.
One should not crib about dropping of MCOCA. One should rather demand thorough investigation. Rightly said, MCOCA is a lousy shortcut. Beyond punishment (much easier under MCOCA), a proper investigation would bring out the links and dimensions of the conspiracy. Narco analysis or brain mapping is a different cup of tea. The info gathered through these methods are not legally admissible evidence (on account of low dependability). But they (presumably) help the police in investigation. The assumption is if the police get to know some of the otherwise unknown and critical "facts", then it becomes much easier for them to connect the various dots and establish these through other legitimate means. Narco analysis (or truth serum) is objected to on the ground of invasion of physical integrity of the accused. It may even be dangerous. To my understanding. Brain mapping (or lie detector) apparently falls under a different category. I imagine the popular TV programme, Saach Ki Saamna, is also applying it on much too eager participants. (I've not seen any episode though.) So we must publicly and stoutly demand that the ATS carries out a proper and thorough investigation. Sukla On Mon, Aug 10, 2009 at 10:44 PM, Venugopalan K M <kmvenuan...@gmail.com>wrote: > > Malegaon Blast Accused Get a Respite > > Ram Puniyani > > Eleven suspects of Malegaon blast, September 9, 2008, got a breather > (August > 01, 2009) when the special court dropped the charges under MCCOA against 11 > suspects of the crime. Prosecution failed to show that all accused were > member of a single organized crime syndicate. This MCOCA act also requires > that there should be two previous charge sheets against one of them. Since > the case prepared by police could not prove these the charges have been > dropped. The ATS and Maharashtra Chief Minister have stated that they will > ensure that they will go to the higher courts, against the order of this > court decision. In past Congress has not undertaken any serious efforts to > punish the guilty, so this statement of the authorities has to be taken > with > a pinch of salt. > > MCCOA apart, the overall scenario and line of investigation followed by > police has left lot of ground uncovered which can come handy for the > culprits getting away lightly if the police does not do its home work well. > There may also be deeper political dimensions to the issue as well. The > first point which struck the observers so far was that for a long time > police line of investigation in the blast cases was based on the premise > that some Muslim group is involved in the crime. This created two problems. > One was that the innocents kept getting arrested and tortured and second > that the real culprits could hide under the cover provided by the popular > perception about terrorism. The vicious cycle was broken by Hemant Karakre > with the impeccable evidence in the form of the Motor cycle of Sadhvi > Pragya > Singh Thakur from the crowded lane of Malegaon. Her link led to several > people and many organizations. The people involved were Swami Dayanand > Pandey, Lt Col Prasad Shrikant Puroit, Ajay Rahirar, retired Major Ramesh > Upadhayay, Rakesh Dhavade and many others. The connections with Abhinva > Bharat, Hindu Jagran Samiti, Army units, Bhonsala Military School (Nagpur > and Nashik), Akanksha Resort Sinhgad all emerged and the picture of a broad > conspiracy became clear. > > The investigating officer, Hemant Karkare, about whose death in 26/11 > terror > attack, Antulay raised certain questions, faced immense pressure due to > criticism from Hindu right wingers, Thackeray’s paper Saamana went on to > say > that they spit on the face of such a anti-national person like Karkare, and > some others also called him as Deshdrohi. One does not know what > direct/indirect impact all this had on the future drafting of the charge > sheet. Human Rights activist Teesta Setalvad in her articles in Communalism > Combat Feb 2009 raised several questions about the charge sheet, which > remain unanswered. > > One recalls that the Nanded blast (April 2006) case investigation itself > was > very much muted and it was only the pressure of campaign form Rights > activists that the investigation was pursued. Rakesh Dhawade, one of the > accused in the Malegaon charge sheet had confessed to his involvement in > the > training of few youth, for the preparation and detonation of bombs. The > training was done near the Sinhgad Fort, Pune, in July-August 2003. Despite > this he was allowed to be discharged from the Purbea masjid blast case on > July 27, 2009! ATS says it was because the local police did not file a > strong enough charge sheet! One does not know whether it is a lack of > coordination or there is something deeper to this? > > It is beyond one’s comprehension as to why section 125, waging war against > the Indian Nation, has not been applied to these accused. In this case the > involvement of the serving military officers and the retired ones has not > been probed. It has ramifications far deeper then can be seen from the > surface. These military officers had the background of Bhonsla Military > School, which is practically controlled by RSS. The RSS has its wing for > retired military personnel and has a lot of emphasis on cultivating > connections with men in uniform. The theft of 60 Kilograms of RDX by > Purohit > is a pointer of what the serving and military officers can do once they are > ideologically indoctrinated by the notions other than that of secular > democratic India. Purohit in his narco analysis on 9th November 2008 had > revealed about his role in Samjhauta Express blast and a possible role > Mecca > Masjid blast. > > There are multiple aspects of the case involved. One does not support MCCOA > at all, it is not only arbitrary and draconian; it also is a refuge for > police not to undertake the trouble for deeper investigation and doing its > home work properly. Even if one does not trust the narco analysis, there > are > enough other evidences to link up all these accused indoctrinated by RSS > ideology. The point is why so many links which are there for all to see are > not followed? Why resort to the short cut of MCOCA, or Narco analysis. > > The core point is the biases of the state apparatus, political, > bureaucratic > and that of police in particular which has resulted in evolution of two > sets > of justice delivery systems. One is for the affluent and privileged that > can > get away with whatever they want and the second is for the weaker sections, > including minorities. Here right from the police investigation to the > charge > sheeting, the political influence and biases which influence the process of > justice delivery (or the lack of it) and the final verdict all are having a > tinge of bias. > > The political polices do determine the whole process. It is such outcomes > which make a section of population feel that they are used merely as vote > banks and when the time of justice comes they are not considered at all. If > the culprits of Malegaon are treated with kid gloves under the theory that > violence from Hindu fold is retaliatory that will be the travesty of > justice > of the worst order. > > > -- > http://venukm.blogspot.com > > http://www.shelfari.com/kmvenuannur > > http://kmvenuannur.livejournal.com > > > > --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to greenyouth@googlegroups.com To unsubscribe from this group, send email to greenyouth+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
