The Home Minister,
Ministry of Home Affairs,
Govt. Of India,
Reproduced below is the resolution passed on 12.02.2014 during All India People Front (R) National Convenor, Akhlendar Partap Singh’s 10 day’s Fast and Dharna from 7th February to 16th February, 2014 at Jantar Mantar, New Delhi. Attached herewith are also two documents titled “The Conspiracy after the Terror” and “The People of the Abyss” downloaded from www.gulail.com. which contain evidence of innocence of the Muslims falsely implicated by police in terror cases. A copy of the Criminal Appeal filed in Bombay High Court by Ashish Khetan, a renowned Journalist is also enclosed herewith for information and necessary action. A similar Criminal Appeal is also proposed to be filed in Allahabd High Court.
It is, therefore, requested that a Judicial Commission may be constituted to enquire into the false implication of innocent Muslims in terror cases of U.P. and Maharashtra to ensure justice and fair play.
Ex- I.G.Police & National Spokesman,
All India Peoples Front (R)
Resolution regarding constituting a Judicial Commission to enquire into false implication of innocent Muslims in Terror Cases of U.P. and Maharashtra passed on 12.02.2014 during All India People Front (R) (AIPF) National Convenor, Akhlendar Partap Singh’s 10 days Fast and Dharna at Jantar Mantar, New Delhi from 7th February to 16th February, 2014
1. Different State police services have arrested people, mostly belonging to Muslim families, some of them abjectly poor, for having participated in the act and conspiracy for conducting bomb blasts at various locations in Maharashtra and Uttar Pradesh. It is now clear from documents that are available on record with these investigative agencies that they are aware, as of this date, that all these persons are innocent, or at the very least, that there is competing evidence in the form of confessions and parallel investigations that somebody else committed these offences. The same set of confessions/fresh evidence also reveals that the Gujarat police had deliberately expanded the ambit of the 2008 Ahmadabad Blasts Conspiracy to implicate around 50 Muslim youth who had nothing to do with the blasts.
2. The most obvious and well known example of conflicting evidence in terror investigations is the 2006 Malegaon mosque blasts. Explosives were shown to be recovered from some persons, and the ATS said that these were used in Malegaon and the Mumbai train blasts. The ATS even had an approver in the Malegaon case. It has now been found by the NIA that it was a Hindutva group behind Malegaon blasts for which around a dozen poor Muslims picked up had spent many years in jail. The Maharashtra ATS had managed to procure ‘confessions’ from these men and had also managed to put up approvers and accomplices before the Court. There is no other conclusion to be drawn from this apart from the fact that it was a manufactured case.
3. The research conducted by Ashish Khetan, a noted journalist and released publicly has shown that at least in three cases prosecuted by Maharashtra police, namely the Mumbai local train blasts on 11.07.2006, the 2006 Malegaon Blasts and the Pune German Bakery case of February 2010, Maharashtra police has deliberately created bogus evidence, extracted false confessions by subjecting the accused to most inhuman forms of torture, planted explosives in the houses of the accused and thus implicated innocent Muslim youth.
4.. It is pertinent to mention here that a man named Sadiq Sheikh, a member of the Indian Mujahideen, was arrested in September, 2008. Agencies like Mumbai Crime Branch have themselves claimed (both in court and in public) that Sadiq’s interrogation led to the arrest of over 70 terror suspects by UP ATS, Hyderabad CIC, Ahmedabad Crime Branch, Rajasthan ATS and Delhi Special Cell. Some of the content of these reports, and ‘confessions’ etc is part of the charge-sheets filed by different agencies. But curiously Sadiq and his accomplices were charge-sheeted in only those blast cases in which the investigation was still not completed. Hyderabad Blasts (Gokul Chat and Lumbini Park) of 2007, Ahmedabad and Surat (aborted) Blasts of 2008, Delhi Blasts of 2008 were some of the cases in which the alleged Indian Mujahideen members including Sadiq Shaikh were charges-sheeted.
5. Similar evidence of false arrests and false prosecutions is available on record about seven terror cases in Uttar Pradesh. The internal records that are now available suggest that an entirely different set of accused than those who had been originally arrested and charge sheeted in these seven cases are believed by other terror investigation agencies to be involved in these cases. Investigation agencies like the Maharashtra ATS, Gujarat Police and UP ATS have a version of the UP terror cases, which are completely at variance with what is lead before the courts in UP. A set of terror suspects were arrested much after the arrest of the original accused. What is extremely significant is that in the interrogation reports prepared by different agencies (including UP ATS) these terror suspects had neither suggested nor claimed of having any even remote linkage or connection with those accused who had been originally arrested for these blasts by the different arms of the UP Police.Internal records also indicate that interrogation reports of several terror suspects recorded by different anti-terror agencies of the country narrate an entirely contradictory story of at least seven terror cases related to the state of Uttar Pradesh than that told by the UP police to the courts currently trying these cases. Shockingly, some of these interrogation reports have been prepared by the agencies like Anti-terrorist Squad of the Uttar Pradesh police itself—the very same police that is behind the arrests and investigations of some of these cases.
6. In such a situation, it is clear that wherever investigations are looked into one finds many stories of false investigations and arrests. Some of these false prosecutions and arrests may have been actuated by malice and some simply to avoid loss of face in light of the contradictory evidence which shows the original prosecution story to be false. In either case, it is clear that in these, and possibly in other cases, those false cases have been foisted on innocent people because they were vulnerable and because the police did not show results. In such a situation, there is an urgent need for impartial review from an impartial agency to make sure that terror cases are continued only when they are actually made out.
7. No quarter should be given to those who indulge in terror crimes. What happens when the innocent are prosecuted is that the guilty escape and get emboldened. The IRs (Interrogation Reports) collected by Ashish Khetan suggest that crime after crime was committed by a set of entirely different persons while the police and security agencies wantonly pursued false cases. Had serious leads been followed to start with, many crimes may have been prevented.
8. The new evidence available with the NIA and other Central Agencies show that in many major terror cases the State Police in order to show quick results have implicated innocent Muslims on the basis of fabricated evidence. The new body of evidence which completely contradicts investigations done by Maharashtra ATS, UP Police and Gujarat Police needs to be judiciously and independently examined and the existing trials and cases like 7/11 Mumbai Train Blasts, Pune German Bakery Blast, UP Court Blasts, etc. need to be reviewed. There is an urgent need to form a judicial commission or a high-level enquiry committee for the purpose. While innocent accused need to be released and rehabilitated, those culpable for such heinous crimes should be tried and given exemplary punishment.