Part 2
By Muslim Mirror News,
Lucknow, June 19: Khalid Mujahid, a Jaunpur youth, died in police custody on May 18 this year. He and Tariq Qasmi, an Azamgarh resident, were arrested in December 2007 allegedly for the courts blasts that took place in November that year. But months and even years after the arrest of Mujahid and Qasmi, Uttar Pradesh police picked six Azamgarh youths from different states for different blasts. The interrogation reports scooped by India’s most respected investigative journalist Ashish Khetan suggest these youths claimed responsibility for the courts blasts for which Mujahid and Qasmi were picked. Mr. Khetan has submitted those interrogation reports which UP Police never presented in the courts with the Allahabad High Court. Mr. Khetan has sought fresh investigation of all these blasts by National Investigation Agency and action against police officers who falsely implicated youths.
Extracts from the petition of Ashish Khetan:
The material I seek to place before this Hon’ble Court, is for the sake of convenience put under the following heads Sadiq Israr Shaikh, Arif Badar alias Laddan, Mohd Saif, Saifur Rahman, Sarwar and Mohd. Salman.
These heads are named after the terror suspects arrested by different police agencies between September 2008 and March, 2010. The Investigative agencies have on their record a single, integral terror plot of which the above-mentioned six arrestees have been claimed to be a part. The narrative given by these six accused is consistent with the case of different agencies in different cities outside Uttar Pradesh. According to the internal records of these multiple investigative agencies all these six accused have confessed to their involvement in the single terror conspiracy of which these seven terror strikes pertaining to state of UP (as mentioned above) were also a part. These records show that these six terror suspects have given a detailed and meticulous account of their involvement and involvement of other accomplices in these bomb attacks. Significantly the ‘confessions’ nor the investigation reports of these six suspects make any mention whatsoever of the involvement of the nine youths who were originally arrested and chargesheeted by the UP Police for these blasts. In fact the terror plot as narrated by these six terror suspects as recorded by different agencies on different dates completely debunks the prosecution case as its stands today in each of these seven terror strikes in both its material and minute details.
Sadiq Israr Shaikh son of Israr Ahmed Shaikh Permanent Address; Phoolpur Tehsil, Azamgarh, temporary address at the time of arrest: Trombay, Mumbai (arrested in September, 2008)
In July and September 2008, there were serial blasts in Delhi, Ahmedabad and Surat (aborted blasts). Following some leads in these blasts, the Mumbai Crime Branch arrested one Sadiq Sheikh along with 20 other accused from Mumbai and other parts of Maharashtra in the month of September 2008.
This was a crucial juncture in terror investigations in India. In a span of a little over one year between August 2007 and September 2008, there were terror bombings in Bangalore (seven serial blasts of July 2008), Hyderabad (Lumbini Park and Gokul Chaat Blasts of August 2007), UP (Synchronized blasts at Court premises in Lucknow, Varanasi and Faizabad, November 2007), Jaipur (serial blasts of May 2008), Ahmedabad (21 serial blasts in July 2008) and Surat (Aborted attempt as eighteen Bombs malfunctioned) and Delhi (Five syncronized bomb blasts in market places of Delhi in September, 2008).
The series of bombings across India indicated a single, integral conspiracy and consequently brought several investigating agencies of different states together and pooling of information. In other words the set of men arrested following the 2007 and 2008 set of bombings across the country were interrogated by Ahmedabad, Delhi, UP, Karnataka and other police teams of other states and were subsequently made common accused in all these blasts pertaining to the period of 2007-08.
Sadiq Sheikh and his alleged ‘Indian Mujahideen’ accomplices were interrogated by different police agencies on different dates. Each agency prepared detailed Interrogation Reports (IRs). My sources in Mumbai police and state police agencies of Andhra Pradesh, Gujarat, Uttar Pradesh and Karnataka who were involved in investigating ‘Indian Mujahideen’ and its alleged involvement in the 2007 and 2008 blasts provided me the Interrogation Reports of Sadiq Sheikh and others prepared by each of these agencies.
The significant aspect of these IRs for this Court is that Sadiq not only spoke about his involvement in the blasts that occurred during 2007-2008 but also the following blasts that occurred between 2003 and 2007:
1. Dashavmeghghat, Varanasi, 2004 (the bomb packed in a container reportedly failed to explode)
2. Shramjeevi Express Blast , Jaunpur, UP., 2005
3. Diwali Blasts, Delhi, 2005
4. Sankatmochan Temple and Cant Railway Station Blasts, Varanasi, 2006
5. Mumbai Train Blasts, 2006
The agencies 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. 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 were charges-sheeted.
But those of Sadiq’s “revelations” that related to the blasts like Shramjeevi Express and Sankatmochan Temple were conveniently brushed under the carpet.
All these agencies were equally aware that an entirely different set of persons had been put on trial for these blasts, which set of accused could only be innocent, if the later 2008 Interrogation reports were true.
Thus at least after 2008 September, all the said agencies including UP Police were privy to the nature of evidence and revelations pertaining to the Shramjeevi and the 2006 Varanasi blasts among other blast cases. They also heavily relied on these revelations in the investigations pertaining to the 2007-2008 bombings. But those revelations that talked about the blasts carried out before 2007 were ignored because those cases had already been claimed to have been solved. This policy of pick and choose raises a serious question about the integrity of terror investigations and the conduct of the UP Police.
The lack of bonafides is further evident from the fact that no attempt was made to arrive at the truth or exonerate one set of obviously innocent persons. None of these agencies placed the entire relevant material before the courts trying an entirely unconnected set of men for the Shramjeevi Express Blast, Sankatmochan and Cantonment Railway Station Blasts. Why?
As per these internal records, Sadiq Shaikh along with one Atif Ameen (who was killed in Batla House Encounter) had planted the bomb at Shramjeevi Express with absolutely no connection with the four persons (three of whom are Bangladeshi nationals) who had already been arrested and chargesheeted by the Railway police. If Sadiq Shaikh is to be believed than while he and his other Indian Mujahideen accomplices kept carrying one terror strike after another between 2004 and 2008, different state police agencies kept framing unconnected and innocent persons in these blast cases.
Again I’d like to reiterate before this Hon’ble court that my intent is not pass a verdict of guilt against anyone. But it is to only highlight the blatant discrepancies and contradictions in terror investigations.
Arif Badar son of Badruddin (72); Permanent Address- Village Isroli, Sarai Mir, Azamgarh, UP (arrested in September, 2008)
Like Sadiq Shaikk, Arif Badar was also arrested by Mumbai Police. He was arrested on 24.09.2008. During interrogation before every agency Arif Badar confessed to his involvement in almost all the blasts done by “Indian Mujahideen” between 2004 and 2008. He was interrogated by different agencies on different dates. These internal interrogation reports show that Arif Badar was an electrician by profession and played a specialized role of preparing timers for the bombs that were then planted by his accomplices. Interrogation Reports of Arif Badar were prepared by Ahmedabad and Mumbai Police Crime Branch.
As per these interrogation reports Arif Badar made timers for the bombs that were planted by his accomplices in Sankatmochan, Cantonment Railway Station and busy market places in Varanasi in 2006, the bombs that were planted in the market places of Gorakhpur city in May, 2007 and Lucknow, Faizabad and Varanasi Courts in 2007 among many other blasts carried out in other states like Maharashtra, Delhi and Gujarat in which Arif claimed to have made timers.
Also Arif Badar is on record to have confessed to being a core member of this single, integral terror plot that was first hatched in 2003-2004 and as per which blasts were carried out between 2004 and 2008. Badar gave descriptions of all those who were involved in these blasts. But the four youths—Ubaid-ur-Rahman, Alamgur Hussain, Hilaluddin (all Banglsdeshis) and Nafequl Biswas–who were chargesheeted in Shramjeevi Express Blasts, one person named Tariq Qasmi who was chargesheeted in Gorakhpur Blasts of 2007, a Muslim cleric named Waliullah who was chargesheeted for 2006 Varanasi blasts and four persons—Tariq Qasmi, Khalid Mujahid, Sajad-ur-rahman and Mohd Akhtar– who have been chargesheeted for Faizabad and Lucknow Court Blasts find no mention whatsoever in his interrogation reports. Though Arif Badar claimed to have played a role in all these blasts and has also claimed to have intimate knowledge about all those who were involved along with him in these abovementioned blasts. Still the UP police nor other agencies brought all this material to the notice of the courts trying Shramjeevi, Varanasi, Gorakhpur, Lucknow and Faizabad blasts. Pertinent to note is the fact that Arif Badar’s revelations and admissions have been incorporated in those terror cases (like Ahmedabad blasts) that occurred during 2007-2008 and in which the investigation was still open. But in cases like Varanasi, Gorakhpur and UP Court Blasts, Arif Badar’s revelations were brushed under the carpet. Why?
Saifur Rahman son of Abdul Rahman Ansari, resident of Badarka, Azamgarh (arrested in April, 2009)
In April 2009, another alleged Indian Mujahideen operative Saifur Rahman was arrested by the Madhya Pradesh police. I’m placing at Annexure VI, the interrogation report of Saifur Rahman prepared by none other than but the UP ATS.
As per this IR, Saifur Rahman has given a detailed account of the several blasts like Ahmedabad and Jaipur blasts he was involved in.
What is significant for this court is the fact that he admitted to his involvement in the conspiracy of UP Courts Blasts and specifically admitted to his involvement in planting the bomb at Faizabad Court Premises. What is equally significant is the fact that he has made no mention of the four accused—namely, Dr Tariq Qasmi, Khalid Mujahid, Sajad-ur-rahman and Mohd Akhtar who had already been chargesheeted for the Faizabad and Lucknow Court Blast. As per this IR there is absolutely no connection of the above mentioned four accused in the UP Court Blasts. In fact the narration of the conspiracy given by Saifur Rahman is completely different from the one pressed by the UP ATS in the concerned courts.
Truth cannot have different versions for different purposes. But when it comes to terror cases it appears that there is one for agency’s internal consumption and another for the courts. Between courts also one version is pressed before the courts in one state and another (and contradictory version) is peddled before other courts. Why has UP ATS concealed these material facts pertaining to Saifur Rahman’s disclosure from the courts that are trying Faizabad and Lucknow court blast cases. One of the accused named Khalid Mujahid, who if Saifur Rahman is to believed had no connection with the blasts, has already died in judicial custody.
Like other so-called Indian Mujahideen suspects, Saifur Rahman has been shown accused in selective blast cases as per the whims and fancies of the agencies. Some of his disclosures like that pertaining to Ahmedabad Blasts have been accepted by some agencies while that pertaining to UP Court Blasts have been conveniently brushed aside.
Mohd Saif, son of Shadab Ahmed resident of Sanjarpur Azamgarh, UP (arrested by Delhi Police in September 2008)
Four interrogation reports of Mohd Saif prepared by three different agencies, namely, UP ATS, Maharashtra ATS and Ahmedabad Crime Branch. All these IRs are identical in their material particulars.
Almost seven months before Saifur Rahman’s arrest, a terror suspect Mohd Saif was arrested from Batla House.
Saif is said to have given a similar account of Faizabad, Lucknow and Varanasi Court Blasts conspiracy as later narrated by Saifur Rahman seven months after Saif’s arrest.
Saif spoke about his involvement in the blasts at Lucknow, Faizabad and Varanasi Court Premises, Gorakhpur Blasts of year 2007 and Varanasi Blasts of 2006 besides 2008 Jaipur, Ahmedabad and Delhi Blasts. But Saif’s disclosures have absolutely no reference to Waliullah who had been charged for Varanasi Blasts. Similarly Saif doesn’t make any mention of Dr. Tariq Qasmi who had been charged for Gorakhpur Blasts and Khalid Mujahid and others who had been charged for the Court Blasts. Forget connection in the blasts, neither Saif, nor Sadiq Shaikh, nor Saifur Rahman nor Arif Badar make any mention of even remote acquaintance of these men who had been originally arrested for these attacks.
Mohd Sarwar son of Master Mohd Hanif, resident of Village Chandpatti, Tehsil Sangdi, District Azamgarh (arrested in January, 2009).
The interrogation report of a terror suspect Mohd Sarwar was prepared by the UP ATS. Sarwar was arrested in January, 2009.
As per this IR, Sarwar was involved in 2006 Varanasi blasts. Besides his own involvement Sarwar talks about the involvement of others, namely Atif Ameen, Mohd Saif, Shadab Malik, Ariz alias Junaid and Asadullah Akhtar (all residents of Azamgarh).
Both Sarwar and Saif were arrested several months apart. Both have given a similar account of the 2006 Varanasi blasts. More significantly, both make no reference to Waliullah, an imam of a mosque in Allahabad, and his three alleged accomplices (who the UP police claimed were Bangladeshi nationals and thus could never be identified or traced). In other words, if Saif, Sadiq Shaikh, Arif Badar and Sarwar are to be believed, then Waliullah had no role in the 2006 Varanasi blasts.
Waliullah has already been given a ten-year sentence for the recovery of arms and explosives by a court in Lucknow. Both these cases that is the case of recovery and Varanasi blasts are inter-connected. The question that arises is if Waliullah was not involved in the blasts, then how authentic and genuine were the recoveries on the basis of which he was given ten-year sentence? All this contradictory material was neither placed before the Lucknow court that gave the 10- year sentence nor has it been placed before a Ghaziabad court trying the Varanasi blasts. Waliullah has been in jail since 2006.
Mohd Salman, 18, son of Mohd Shakeel, Permanent of Sanjarpur, Azamgarh, was arrested in March, 2010.
The interrogation report of Salman was prepared by the UP ATS. In this IR, Salman talks about his involvement in Gorakhpur Blasts of 2007, UP Court Blasts of 2007 besides other blasts like Jaipur and Ahmedabad Blasts of 2008.
Salman corroborates the account of Gorakhpur and Court Blasts as given by the likes of Mohd Saif, Saifur Rahman and Arif Badar alias Laddan who were arrested and interrogated many months before his arrest. None of these suspects had the occasion to know as to what others had told the interrogators.
Most of these interrogations reports have been marked as classified and have never been shared with any court.
UP Police try to mislead the Courts
In the face of this overwhelmingly contradictory material cited herein, the UP Police came up with a new theory. In a few submissions made before courts, the UP police came up with the theory that 2006 Varanasi blasts and 2007 Court Blasts were done jointly by Indian Mujahideen and Bangladesh based terror outfit HUJI. It was done so because all those nine persons who had been originally arrested were shown as members of HUJI. But all the interrogation reports cited above have absolutely no reference to HUJI or its members.
The question is on what basis has the UP Police harmonized their old investigations with the subsequent revelations? If the IRs of these alleged Indian Mujahideen terror suspects have not even remote reference to HUJI or those who had been arrested by the UP Police then on what grounds has the UP Police reached the conclusion that these were joint operations. The only logical conclusion one can draw is that it was done to cover-up the previous wrongful arrests so that delinquent cops don’t have to face the consequences of manufacturing evidence and implicating innocent persons.
The absurdity of this theory is further brought out by the fact that this “joint HUJI-IM operations theory” was never pressed in the shape of a chargesheet before the courts concerned.
These are seven investigations that I have researched in the state of Uttar Pradesh. There is no knowing how many other cases in the State have similar features, and given the carte blanche the Governments have tended to give our anti-terror outfits, that function with absolute power under absolute secrecy, in all probability the story of perverting the criminal justice system goes beyond just these seven cases. I’ve already brought to the notice of the Bombay High Court the framing of 21 innocent Muslim youth in three terror cases, namely Mumbai train blasts of 2006, Malegaon Blasts of 2006 and Pune German bakery Blast of 2010.
These are issues of grave public importance that go beyond mere legality. It’s not just the security of our nation but also the very idea of Indian democracy that is under threat and so I have straightaway chosen to put this material across to every institution concerned with upholding human rights, constitutional values and accountability. Thus I approach this Court by way of public interest and in view of the immense issues involved, have also, apprised other statutory authorities concerned with human rights, minorities protection, police training institutions and media bodies and I have also arranged for the matter to enter the public domain as it is an issue of grave public importance, which in a democracy, the people are entitled to know.
I am doing this at the earliest opportunity. I may be given the permission to cast this petition in a more formal mode if required.
PRAYERS
I pray to this Hon’ble Court to:
(i) Order an independent commission of inquiry into the conduct of the investigating officers, in the investigation of crucial cases such as have been referred to in these petition;
(ii) Order re-investigation of all the seven terror cases referred herein by the National Investigation Agency (NIA) so that the real culprits can be brought to justice.
(iii) Direct appropriate action against the police officers found responsible for their flagrant violation of constitutional values and fundamental rights.
(iv) Direct consequential relief to the victims of such wrongful and bogus investigations.
Concluded
Part 1: Investigative Report: Evidence of Mujahid’s innocence deliberately kept from courts
