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Samjhauta case scuttled due to shoddy prosecution, Jaitley wants Cong apology for vilifying Hindus

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Samjhauta case scuttled due to shoddy prosecution, Jaitley wants Cong apology for vilifying Hindus

[vc_row][vc_column][vc_column_text]After Samjhauta blast case joined the growing list in which Hindutva elements named as accused were let off by the courts due to shoddy investigation, Union minister Arun Jaitley today (Friday, March 29) promptly declared it to be a “fake case”, filed for “political gains” by Congress, that “vilified the entire Hindu community”.

Demanding that the Congress should apologise, Jaitley, addressing a press conference, Jaitley said, “They filed cases based on fake evidence to create the theory, but it is upon the court to decide in the end. The court has said it (Samjhauta case) is a case of no evidence and hence, those who coined the term ‘Hindu terror’ are now showing devotion.”

This was rich, coming on a day when The Indian Express (IE) had reported that a Panchkula court pointed out loopholes in the Samjhauta blast investigation by the NIA.

Jaitley’s tirade aside, the Modi-led BJP government’s approach and intent was also revealed in the statement by Union Home Minister, Rajnath Singh who reportedly stated that no appeal will be made in the higher court against the Panchkula court judgment in Samjhauta blast case.

There is no better refutation of Jaitley’s claims and no better comment on how investigation appeared to have been deliberately done to scuttle the case than the judge’s order in the Samjhauta blast.

A total of 68 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 Haryana’s Diwana and Panipat. Two bombs that did not go off were recovered later.

All the accused – Naba Kumar Sarkar alias Swami Aseemanand, Kamal Chauhan, Rajinder Chaudhary and Lokesh Sharma – were acquitted by the court on March 20.

Judge slams NIA for shoddy investigation

In a 160-page order which was released yesterday (Thursday), Panchkula special 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, reported IE.

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.

– 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.

– On the alleged statement of witness Dr Ram Pratap Singh — the NIA’s sole witness to the “bomb ka badla bomb theory” at a meeting in Bhopal in 2008 where Aseemanand allegedly said “Hindus should also retaliate in the same way to the jihadis who are attacking Hindu religious places” — the order noted “even though Dr Ram Pratap Singh did not toe the line of prosecution, but neither any leave of the court was taken nor was he cross-examined by learned Special PPs for the NIA in order to contradict and confront him with his statement”. The court said the witness was “a got up witness of the prosecution” and even failed to identify the accused.

– The NIA Investigating Officer had told court that there were CCTV cameras at the Old Delhi Railway Station in 2007. The judge said “this much admission on the part of investigating officers further lays bare chinks in the prosecution version, because the best evidence in the shape of CCTV footages has been withheld by the prosecution/NIA. Had CCTV footage of Old Delhi Railway Station been collected by the investigating agency and put to rigorous examination, then some vital leads might have been obtained by it in order to bring the real culprits to justice, but no such evidence has been brought on record”.

– On the NIA claim that the suitcase covers of the two unexploded bombs recovered from the blast site were made by an Indore-based tailor, the judge said it is “crystal clear” that the suitcase covers, which were recovered from the place of occurrence, were found to have been stitched by the same tailor but “for reasons best known to the investigating agency”, the evidence has not been corroborated by conducting a test identification of the accused.

– “…investigating agency, very strangely, has not even bothered to get conducted Test Identification Parade (TIP) of suspects/accused so as to arrive at concrete finding that any of the accused persons facing trial had in fact got the suitcase covers stitched at the said shop and procured for using the same in the occurrence and thus investigating agency has lost a very valuable piece of evidence by not conducting investigation properly in this regard,” the judge said.

– The order noted that the NIA had claimed that call detail records of various mobile phones revealed that Sunil Joshi, the alleged mastermind, was at the Kothari market in Indore in February 2007 and call detail records of the telephones used by Pragya Thakur, Sunil Joshi, Sandeep Dange and Aseemanand showed inter-connectivity and links of suspects/co-accused during the months of February/March, 2007.

“However, again prosecution/NIA has not brought an iota of evidence on record to establish any such facts/assertions. Neither any call detail records (CDRs) of any mobile phone nor any other evidence pertaining to ownership and possession of any mobile phone by the accused/suspects has been brought on record,” the judge said.

– Stating that there is no evidence on record to prove the accused had carried out recce of Delhi Railway Station and they had stayed at the dormitories there as was claimed by the NIA in the charge sheet, the NIA Court has said there is no evidence on record to even prove that the accused had travelled from Indore to Nizamuddin Railway Station. One official witness had claimed the record pertaining to dormitories was available and was not disposed of.

“This court has not got an opportunity to look into a vital piece of evidence because the entries in the handwriting of passengers might have been got compared with the handwritings/signatures of suspects, thereby further providing a vital clue about the involvement of real culprits,” the court has said, adding it has been claimed that four accused after planting the bombs escaped to Jaipur and then Indore but “again no evidence in this regard has been brought on record to make out any such escape journey of these accused … in the absence of any credible and admissible evidence, this court cannot put stamp of approval to the version put forth by the prosecution in the shape of mere allegations”.

The NIA’s earlier record has been consistently similar in such cases. Between 2006 and 2008, there were six terrorist incidents perpetrated by a network of extreme Hindutva groups. Aseemanand, Pragya Thakur and Lt. Colonel Shrikant Purohit were the prominent conspirators amongst them.

Aseemanand, an RSS-VHP activist and said to be the main organizer of the terrorist attacks which targeted Muslim places of worship, was earlier acquitted in the Mecca Masjid blast and the Ajmer Dargah blast cases. In the Mecca Masjid blast in which nine people were killed in 2017 all the accused including Aseemanand were acquitted.

Under the Modi regime, the NIA has the dubious record of undermining all the terrorist cases related to the Hindutva extremist groups, according to Prakash Karat, member of CPI(M) politburo.

In the Ajmer Dargah blast case, prosecuted by the NIA, Aseemanand and six others were acquitted. It was only in this case that two RSS pracharaks were convicted and sentenced to life; however their sentences were stayed by the High Court.

In the case concerning the Malegaon blast of 2008, the NIA dropped charges against Pragya Thakur under the MCOCA. But the special court reinstated the case against her under the Unlawful Activities Prevention Act (UAPA).

That the NIA was trying to exonerate both Pragya Thakur and Srikant Purohit in this case was exposed when the public prosecutor Rohini Salian complained that the NIA was pressurizing her to go soft on the case. The NIA did not oppose bail being granted to Pragya Thakur and Purohit.

The pattern in all the cases are the same: shoddy prosecution, witnesses turning hostile and a lack of conviction on the part of the NIA in pursuing the cases. The NIA did not go in appeal against the court verdict acquitting Aseemanand in Mecca Masjid case, or, the Ajmer Dargah case.

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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Actor Imran Khan asked to leave India after CJP protest

Actor Imran Khan has been asked to leave India by October 28, days after participating in a protest called by the Cockroach Janta Party (CJP) in Mumbai.

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Actor Imran Khan, nephew of Bollywood star Aamir Khan, has been asked to leave India by the Mumbai Police, days after participating in a protest organised by the Cockroach Janta Party (CJP) in Mumbai.

According to the notice, the actor has been given until October 28 to leave the country. The development follows his participation in the demonstration, which brought the actor into the spotlight over his involvement in a political protest.

Imran Khan is believed to hold US citizenship and an Overseas Citizen of India (OCI) card rather than full Indian citizenship, according to the report.

What led to the notice against Imran Khan?

The notice came days after Imran Khan joined a protest called by the CJP in Mumbai. The group, described as a satirical political organisation, had called for the demonstration.

The actor’s participation was followed by action from the authorities, with the Mumbai Police directing him to leave India by the specified deadline.

The notice does not, by itself, mean that the actor has already left the country or has been deported. October 28 is the deadline mentioned for his departure.

Imran Khan and his citizenship status

Imran Khan is known for his work in Hindi films, including Jaane Tu… Ya Jaane Na and Delhi Belly. He is also the nephew of actor Aamir Khan.

The report states that Imran Khan is believed to be a US citizen and hold an OCI card. OCI status does not confer Indian citizenship, although it provides eligible foreign citizens of Indian origin with specified privileges under Indian law.

The notice directing the actor to leave India follows his participation in the Mumbai protest. The reported development has brought attention to the intersection of immigration rules and the participation of foreign nationals in political demonstrations.

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Election Commission orders voter roll revision in 17 states, UTs

The Election Commission has ordered a Special Summary Revision of electoral rolls in 17 states and Union Territories. Draft rolls are scheduled for November 12, with final rolls due on January 4, 2027.

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The Election Commission of India (ECI) has ordered a Special Summary Revision (SSR) of electoral rolls in 17 states and Union Territories, with the exercise aimed at facilitating voter registration and including eligible electors who may have been left out during the Special Intensive Revision (SIR).

The order was issued on Thursday, October 15, amid continuing political controversy over the SIR process and concerns raised by opposition parties regarding the exclusion of names from electoral rolls.

Under the announced schedule, January 1, 2027, will be the qualifying date for the revision. The draft electoral rolls are scheduled to be published on November 12, while the final rolls are due on January 4, 2027. Uttar Pradesh and Punjab, two states included in the exercise, are scheduled to go to the polls by February 2027.

Which states and Union Territories are covered?

The Special Summary Revision will cover the following 17 states and Union Territories:

  • Andaman and Nicobar Islands
  • Assam
  • Bihar
  • Chhattisgarh
  • Goa
  • Gujarat
  • Kerala
  • Lakshadweep
  • Madhya Pradesh
  • Manipur
  • Puducherry
  • Punjab
  • Rajasthan
  • Tamil Nadu
  • Uttar Pradesh
  • Uttarakhand
  • West Bengal

The Election Commission’s order follows earlier instructions issued to state election officials on September 29 to undertake a special drive to enrol eligible voters who had been left out, along with young and first-time electors.

Why has the Election Commission ordered the revision?

The announcement comes amid protests and political disagreements over the Special Intensive Revision of electoral rolls. Opposition parties have raised concerns about names being excluded during the exercise.

Another point of contention has been an additional declaration required from applicants submitting Form 6 for voter enrolment while the SIR was underway. The declaration required applicants to map their parents to the last SIR, which was conducted around 20 years ago.

The Election Commission had clarified on October 7 that the additional declaration applied only in states and Union Territories where the SIR was being conducted. It said the regular forms prescribed under the Registration of Electors Rules, 1960, would apply outside the SIR period.

The latest SSR order refers to applications for inclusion through Form 6 but does not mention the additional declaration.

What happens in states not covered by the current schedule?

The Election Commission has said that the schedule for the Special Summary Revision will be announced later in states and Union Territories where the SIR is ongoing or has recently been completed.

These include Andhra Pradesh, Arunachal Pradesh, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Haryana, Jharkhand, Karnataka, Maharashtra, Meghalaya, Mizoram, Nagaland, the National Capital Territory of Delhi, Odisha, Sikkim, Tripura and Telangana.

For Himachal Pradesh, Jammu and Kashmir, and Ladakh, where the SIR has not yet started, the schedule for electoral roll revision will be announced in due course, taking local weather conditions into account.

The Election Commission’s latest order sets out a separate timeline for the 17 states and Union Territories covered by the current SSR exercise, while leaving the schedules for the other regions to be announced later.

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