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Undermining rule of law with unjustified intervention is a myopic approach towards terror
Monday July 4, 2016 3:50 PM, Adv. Masood Peshimam, ummid.com


[Mother of six year old Farheen talking to media a day after blast hist Malegaon on September 29, 2008. Farheen was among seven dead in the deadly terror attack. (ummid.com photo)]

The paradox created by the National Investigating Agency (NIA) on the eve of the bail application of Malegaon bomb blast accused Sadhvi Pragya Singh Thakur is beyond any reasonable and legal explanation. It’s another matter that her bail application by the special NIA court was subsequently rejected.

Sadhvi Pragya who is in custody since last eight years had sought bail on the basis of the charge sheet filed by the NIA.

The NIA in its charge sheet field on May 13, had given a clean chit to Sadhvi Pragya along with five others citing lack of evidence against her. The NIA while filing the reply in response to Sadhvi’s bail plea had given no objection.

Strangely enough the NIA has given clean chit to Sadhvi when Sadhvi herself has not gone for quashing of the FIR u/s 484 of CRPC in the High Court. It is like Muddai Sust and Gawah Chust [which means that the complainant is lazy or silent and the witness is active and agile].

After filing of the charge sheet, the supplementary charge sheet can be filed when some absconding accused is arrested and the fresh facts and circumstances emerge in the course of investigation. It is not the case of filing a supplementary charge sheet. The NIA has filed the charge sheet which contradicts the contents of the charge sheet filed by the ATS against all the accused including Sadhvi Pragya.

Ms Rohini Salian, former public prosecutor, rightly said that giving Sadhvi Pragya a clean chit and recommending dropping of MCOCA charges was not in the province of the NIA’s probe. To her, recommending at this stage even before charges are framed to drop MOCOCA amounts to interference in the Court proceedings. Stretching its brief beyond it’s Jurisdiction the NIA can well attract contempt proceedings. The interveners can well initiate contempt proceedings against the NIA for going beyond its brief. The Court can also take some remedial measures to this effect.

Reacting to the NIA crossing the limits, the Congress has come down heavily on the role of the National Investigation Agency (NIA) in the Court proceedings to save Sadhvi Pragya. The Congress even sought an explanation from those in the corridors of power in Delhi to know who is in their government “manipulative hand” and responsible for the miscarriage of Justice.

The Congress spokesperson said that the earlier investigation done by the Maharashtra ATS under late Hemant Karkare was rubbished by the NIA, and described as “dubious” and “questionable”.

Late Hemant Karkare, an officer of impeccable integrity, has cracked the role of the alleged Saffron terrorist for the first time. Untill this time, only Muslims were in the dock for blasts in which victims were Muslims too. The reason advanced for Muslims turning terror on their community was to create riots in the country - charge nothing but a bunch of lies and far from convincing.

Are Muslims living in the fool's paradise to invite their own disaster by such stupid and mad actions. Muslims in the country are on the weakest turf politically, economically and socially whose dignified survival is threatened every other day on one pretext or the other. They are promised moon only on the eve of election. Otherwise all through there remains political honeymoon between different political parties, and the communal forces out to damage the secular fabric of the country. The community suffers victimization due to prejudice operating at different levels of government. However all can’t be tarred by the same brush. The fact also remains that a large share of population is not against the largest minority and crave for the rights and Justice. Gujarat is an example where non-Muslims have not only disapproved of the alleged genocide but stoutly supported victims like Zakia Jafri.

It is relevant to quote Ram Punyani, an eminent analyst on Hindu-Muslim relations, that Muslim communalism is too weak to offer any threat. Muslims in India cannot even think of having the luxury of riots for the reasons best known. It is the political class which thrives on fomenting communal clashes which helps it electorally. The present outrageous and incendiary scenario is too well known to need any recounting. Some of the Muslims might have been allegedly involved in terror cases like their counterparts. These are the misguided and misled youth constituting an aberration. The terrorists should face maximum punishment but there is no justification to set afloat fictitious stories to implicate Muslims in false terror cases. It is to create fear psychosis in the community to lower its morale and overwhelmingly marginalise it to silence its voice against any injustice done to it. It is easy to implement the hidden agenda no more hidden with the muzzling of the dissent.

In this context, former public prosecutor Rohini Salian’s statement is no less significant when she alleged that she was approached by an NIA officer in June 2014 after the NDA government took charge at the Centre with a request to “go soft” on the accused including Sadhvi Pragya and Col. Prasad Rohit.

The alleged intervention by the NIA in the said case to influence the outcome and other related fictitious stories set afloat not coming up to the subsequent judicial scrutiny makes one feel that whether NIA itself needs the clean chit? The Kaiser’s wife should be above suspicion.

However notwithstanding the not comfortable track record of some of the investigation the credit goes to late Hemant Karkare to expose the other side in the Malegaon blast case.

Karkare’s exposure triggered the allegation that there was the coercive collection of evidence. What is the logic in the allegation of forcing the alleged Saffron terrorists in giving the evidence. Where is the evidence to suggest that the alleged Saffron terrorists were forced into giving evidence. The falsehood herein cannot be sustained.

Karkare exposed the other side in the Malegaon blast and he was bumped off in the mysterious circumstances.

A.R. Antulay, once the golden lad of Congress raised the issue of Karkare’s death in parliament and he had to pay the price of his political death. He went into oblivion thanks to his own party disowning him. The situation culminated into an extent that Antulay’s funeral was not even attended by the big-wigs of his own party.

In the circumstances instead of throwing muck at the sincerity of late Hemant Karkare in the Malegaon blast investigation there is the need to strengthen the resolve to effectively combat the terror of whatever colour it may have. Any attempt to compartmentalise terror is not in the national interests.

What is important is the prevalence of Rule Of Law. Any attempt to undermine the Rule Of Law with unjustified intervention is a myopic approach towards terror which is blatant departure from the cause of Justice. Justice along the sectarian lines would only breed insecurities harmful to the larger national interest. The national interest should occupy primacy over other interests.

 



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