Allegations of TORTURE: Malegaon blast case accused sadhvi Pragnya Singh Thakur arrives at the MCOCA court in Mumbai on Monday. The seven accused, including her, were remanded to judicial custody till December 3, after they alleged they were tortured by the Anti-Terrorism Squad of the Maharashtra police. Mumbai: Malegaon blast suspect Lieutenant-Colonel Prasad Purohit on Monday levelled allegations of torture against the Maharashtra Anti-Terrorism Squad (ATS) in court.
He was produced, along with six other suspects — Pragnya Singh Thakur, Shiv Narayan Kalsanghra, Shyam Sahu, Ajay Rahirkar, Ramesh Upadhyay and Jagdish Mhatre — in the special court under the Maharashtra Control of Organised Crimes Act (MCOCA).
All seven were remanded to judicial custody till December 3.
Narrating his days in police custody, Lieutenant-Colonel Purohit said: “On November 5, I was taken to a safe house in Khandala. There the ATS conducted sustained interrogation for four or five days. My physical torture began from November 6.”
He said Army officer Colonel Shrivastav had accompanied him to Khandala. Colonel Shrivastav was also questioned, he alleged.
Lieutenant-Colonel Purohit told Additional Judge Y.D. Shinde: “I was beaten very badly. My legs were spread 180 degrees. I was not able to walk. My wrists were also tied to a pole. As a result, I cannot use the fingers of my right hand and there is no sensation in my hand from the wrist upwards. ATS officers told me that they would plant RDX in my houses in Pune and Pachmarhi. I was interrogated by the Haryana, Gujarat, Rajasthan and Andhra Pradesh police and the CBI.
“The Haryana police and the CBI threatened me with an encounter. The ATS has threatened me in a similar manner a number of times. Their officers used obscene language about my mother and questioned my paternity. Moreover, they threatened that my wife and sister would be paraded naked and raped. I am confident that I am not going to get a fair treatment from the ATS.”
The other suspects also made similar allegations of ill-treatment amounting to violation of human rights. While sadhvi Pragnya had already submitted an affidavit in the Nashik court, on Monday she described her experience, adding that she was hung naked upside down and beaten up.
Public prosecutor Rohini Salian told the court that the ATS denied the allegations ‘in toto.’
——————————————————————————
Sadhvi Pragya Thakur has charged the ATS with making her hear an obscene CD, while repeating her earlier allegation of physical and mental torture against the investigating agency.
Sadhvi Pragya Singh Thakur, accused in the Malegaon blast case, arrives at the special MCOCA court in Mumbai on Monday. (PTI Photo)——————————————————————————-
Sadhvi Pragya Singh Thakur, accused in the Malegaon blast case, on way to court.
ATS made me see obscene CD: Sadhvi24 Nov 2008, 2142 hrs IST, AGENCIES
MUMBAI: In a setback to Mumbai Anti-Terrorism Squad in Malegaon blast case, a MCOCA court here rejected the agency"s plea for granting it the
custody of accused Sadhvi Pragya Singh Thakur, Lt Col Prasad Purohit and Ajay Rahirkar after they alleged physical torture and threat to strip and kill them.
Sadhvi Pragya Thakur has charged the ATS with making her hear an obscene CD, while repeating her earlier allegation of physical and mental torture against the investigating agency.
The ATS sought the custody of the trio contending their interrogation was needed to find out the “sinister design of Hindu radical group Abhinav Bharat, which appears to be instrumental in promoting, advocating and inciting unlawful and terrorist activities".
However, Special MCOCA Judge Y D Shinde rejected the ATS plea and instead sent them as also four other accused in judicial custody till December 3.
All the seven accused who were produced before the court claimed that they were physically and mentally tortured by ATS in custody.
Clad in a saffron outfit with vermilion on her forehead, Sadhvi Pragya Singh Thakur told the court that she has been mentally and physically harassed by ATS.
“ATS officials threatened to strip me and hang me upside down if I did not confess about my involvement in the blast. I am mentally disturbed and not able to eat anything," Sadhvi told the judge.
Purohit said he had been hung upside down from a rod and his hands were tied to two poles due to which he has lost sensation from his wrist to his fingers.
“ATS while questioning me said that it would plant RDX in my house and that it would be very easy for it to kill me in an encounter," Purohit told the court.
The treatment of Sadhvi Pragya as observed through the TV-channels has already been pointed out.
Now, the Sadhvi herself openly complained to the court through an affidavit filed that she was tortured and treated badly during the narco tests etc.
Sadhvi alleges physical, mental torture by cops18 Nov 2008, 0434 hrs IST, Mateen Hafeez, TNN
NASHIK: Sadhvi Pragya Singh Thakur, arrested in the Malegaon blast case, has filed an affidavit in a Nashik court saying she was physically and verbally abused and traumatised to the extent that she wanted to commit suicide. She also demanded ATS officers, who questioned and allegedly beat her in custody, be subjected to narco analysis and polygraph tests to establish the truth. The ATS, however, has denied the allegations.
The affidavit was filed in the court of chief judicial magistrate, H K Gantra, in Nashik on Monday. Eight people suspected to be involved in the September 29 Malegaon blast were produced in the court and sent to judicial custody till November 29.
While the faces of the seven male accused were covered with burqa, Pragya appeared in her sadhvi attire — saffron robes and vermilion on her forehead. Pragya told the court she was abused and tortured physically. Her relatives moved an application before the court alleging they weren"t allowed to meet her in jail. The court said they could meet her when they go the jail.
Umesh Walzade, Pragya"s lawyer, filed the affidavit on behalf of her. The sadhvi, in her affidavit, said during her “illegal detention" at the ATS headquarters in Mumbai, she was beaten day and night. “On two occasions I was even woken up in the early hours of the morning and questioned about my knowledge of the Malegaon blast. I was beaten by a senior officer having moustache, whom I can identify. I was subjected to vulgar abuse and obscene language by members of ATS."
“On two occassions I was even woken up in early hours of the morning and questioned about my knowledge of the Malegaon blast. I was beated by a senior officer having moustache, whom I can identify. I was subjected to abuse and obscene language by members of ATS".
Date:18/11/2008URL: http://www.thehindu.com/2008/11/18/stories/2008111860301000.htm I was illegally detained, tortured: Pragnya Staff Reporter — PHOTO: PTI Sadhvi Pragnya Singh coming out of a police vehicle at the Nashik district court on Monday. Nashik: Malegaon blast suspect Sadhvi Pragnya Singh Thakur has made stark allegations of illegal detention and torture against the Maharashtra Anti-Terrorism Squad (ATS). Her lawyer, Ganesh Sovani, filed an affidavit to that effect in the Nashik court on Monday. It will be heard on November 29.According to the affidavit, Sadhvi Pragnya was illegally detained between October 11 and 23 in Mumbai. It alleges that her disciple, Bhimbhai Pasricha, was asked to beat her “with sticks, belts, etc., on [her] palms, forehands, etc.” Pasricha was also beaten up when he refused.“Ultimately with great reluctance, he complied with the ATS orders but obviously being my disciple, he exerted the very minimum force on me. He was then pushed aside by a member of the ATS squad known as Khanwilkar, who then himself commenced beating me severely with a belt on my hands, forearms, palms, feet, soles, causing me bruises (sic), swelling and contusions in these areas,” the affidavit alleges.Sadhvi Pragnya has indicted “a senior officer with a moustache,” apart from Mr. Khanwilkar. In addition to physical torture, she was subjected to “vulgar abuse and obscene language.” “My Guru was abused and my chastity questioned. I was physically and verbally traumatised to the extent that I wanted to commit suicide.”The sequence of events stated in the affidavit is as follows:When she received the first call by the ATS on October 7, she was in Jabalpur, Madhya Pradesh. She was asked to come to Surat. In Surat, police inspector Sawant questioned her about her motorcycle LML Freedom. Not convinced with her answers, she was taken to Mumbai on the night of October 10, after which the alleged beating and torture began.Sadhvi Pragnya alleged that following the torture, she took ill and was hospitalised twice. “I developed acute abdominal and kidney pain. I lost my appetite, became nauseous and giddy and prone to having bouts of unconsciousness.”In Mumbai, she was allegedly admitted to the (Intensive Care Unit) ICU of Shusrusha Hospital in Dadar, Mumbai. Pasricha signed the medical admission forms and Mr. Khanwilkar paid the bills. Later she was taken to another hospital — a highrise building. However, she does not remember the name of this hospital, states the affidavit.
Mr. Sovani later told the media that Sadhvi Pragnya had malaria on October 27, for which she was taken to the J.J. Hospital in Mumbai on October 28, but she refused to get admitted there. This is not mentioned in the affidavit.
The sadhvi has also stated that she was taken to Hotel Rajdoot in Nagpada in Mumbai. She was kept there in rooms 315 and 314. She signed the hotel register. From there, she was asked to call a “couple of persons” and a female disciple.
The mobile was given by the ATS. Sadhvi Pragnya was asked to say that she was “hale and hearty and doing fine.” The affidavit mentions the mobile number she used to make the calls. It does not mention the names of people she called.
In addition, narco tests were done on her were without her consent, she alleged.
Mr. Sovani said Sadhvi Pragnya told him about her condition over three meetings with her on November 12, 13 and 14.
The first meeting lasted 5 to 6 minutes, the second 8-10 minutes and the third meeting 20 minutes.
Sadhvi Pragnya, who was produced in the court as her judicial custody ended on Monday, appeared relaxed. She smiled and waved to her sister and other relatives.
A Magistrate"s Court premises in Nasik today turned into a virtual saffron camp as it was thronged by activists of Shiv Sena and BJP who shouted slogans in support of Sadhvi Pragya Thakur and others accused in the Malegaon blast case.
Security personnel in strength were deployed as the ATS produced the eight arrested persons in the court for extension of their judicial custody.
As the blue Police van carrying Sadhvi and others neared the court, entire police arrangement went haywire. Hundreds of Shiv Sena and BJP workers surrounded the van and raised slogans in support of the accused.
Throughout the hearing, the Hindi and Marathi slogans –"Pragya Thakur tum age badho hum tumhare saath hain (Pragya Thakur you march ahead, we are with you)"– kept reverberating in the court.
“She has been wrongly accused in the blast case to defame the Hindus. Sadhvi symbolises Hindu women and her arrest is an attack on our mothers and sisters," said a Shiv Sainik protester.
With a large team of electronic media present there, the activists become more agitated as the cameras were focused on them.
Outside the court, posters of Shiv Sena supremo Bal Thackerey, its president Uddhav Thackerey and BJP stalwarts– former Prime Minister Atal Bihari Vajpayee and leader of opposition Lal Krishna Advani– came up in support of Sadhvi.
Many other posters of saffron brigade leaders were pasted on the walls in the area surrounding the court.
BJP leaders in their campaigns have repeatedly issued statements about the motives of the ATS in arresting Sadhvi.
BJP President Rajnath Singh had in one of the election campaigns said that the entire case was politically motivated.
“I have not seen so much activity in the court in the recent past. Whatever be the case but I feel she (Pragya) has been wrongly implicated by the Congress government. How can a Sadhvi plan a bombing?," a beetle-leaf(pan) shop owner said.
|
Nashik: A Nashik court on Monday sent Sadhvi Pragya Thakur to judicial custody till Novenber 17 in connection with the Malegaon blast case. The Sadhvi fainted during the proceedings in the court.
Hindu Mahasabha protests
Activists of Akhil Bhartiya Hindu Mahasabha in Uttar Pradesh today staged a demonstration here in support of Malegaon blast accused Sadhvi Pragya Singh Thakur and demanded a probe into role of Maharashtra ATS in the entire episode.
The demonstrators alleged the way in which cases were being framed by Maharashtra ATS against Pragya and military officer S P Purohit shows that their was politics involved in it.
“We demand a probe into role of Maharashtra ATS and its chief Hemant Karkare", Raj Kumar Tyagi, state General Secertary of Mahasabha said.
“After a number of NARCO tests, the ATS could not find anything concrete in the case", he said.
MALEGAON BLAST CASE: Chandrapal Singh Thakur says he hasn"t been allowed to meet his daughter for 15 days.
Earlier, it was reported that she fainted in the court itself. Now, while she was getting down from the police van, the way she stepped down showed that he was weak, obviously subjected to physical strain. So a question arises, whether any woman-witness was there, when she was subjected to questioning, conducting test etc?Sadhvi Pragya was hospitalised after arrest: lawyerhttp://www.hindu.com/thehindu/holnus/002200811121522.htmMumbai (PTI): Sadhvi Pragya Singh Thakur, an accused in September 29 Malegaon blast case, was hospitalised for a brief period after her arrest by the Maharashtra Anti-Terrorism Squad (ATS), her lawyer said on Wednesday. “She has kidney stone problem. It gave her trouble after she was arrested," her lawyer Ganesh Sovani said.
Following the arrest, Pragya had to be shifted to a private hospital in central Mumbai and later she was taken to Jaslok Hospital, Sovani said.
He declined to give further details of her hospitalisation.
Pragya"s family had alleged that the ATS did not arrest her on October 23, as per the record, but nearly two weeks before.
The ATS had told the Nashik sessions court, where Pragya was produced, that she was arrested from Mumbai on October 23.
Pragya will approach the Bombay High Court with the complaint of illegal detention by ATS, Sovani said.
So far, nine people have been arrested in connection with the Malegoan blast.
Pragya is now in judicial custody.
How are then woman-rightwalis and other shouting left-wing womanist movement and others are not reacting to it?
For them the ill-treatment of a Hindu woman has to be viewed differently than that of other woman?.
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Is the Media - TV Channels are the field of enquiry.
Investigations are only going on.
Media is Punishing those accused.
What happened to the Gaziabad Twin Murder Case-Media reacted same way- and where is the case?
Now ATS is working or Over working on a Particular Lead, but in the event of other culprits are involved they would be able to destroy the actual evidences and run away.
Why ATS leaks to Media?
Human rights violation over Militants would be looked by Communists and Media.
‘I was beaten day and night, my chastity was questioned. I wanted to commit suicide…’
Sadhwi Pragyan Chandrapal Singh Thakur says in her Nasik court affidavit
NASIK
C.R. NO. I – 130/08
(RE-NUMBERED AS C.R. No. 1 – 18/08 at ATS)
State of Maharashtra: Complainant
Thru’ ATS
V/s.
Sadhwi Pragyan Singh Thakur & Ors: Accused
AFFIDAVIT
I, Sadhwi Pragyan Chandrapal Singh Thakur, Age 38 years, Occupation — Nil, residing at 7, Ganga Sagar Apartment, Katodara Road, Surat, Gujarat State do hereby state on solemn affirmation as under:
1. I say that I am a resident of Madhya Pradesh. My parents live in Surat, Gujarat where they shifted residence a couple of years ago. I say that for some years now, I found myself becoming increasingly detached from the material world and correspondingly found tremendous comfort and solace in Spiritualism. Accordingly I decided to renounce the material world and become a Sanyasin. On 30.1.2007, after performing the appropriate Hindu Religious rites and prayers I became a Sadhwi. I say that ever since then, I have been residing in a ashram at Jabalpur, Madhya Pradesh. My life at the Ashram almost exclusively consisted of prayers, meditation, yoga and the reading of spiritual texts. At the ashram I did not watch TV channels and had practically no access to newspapers.
2. I say that apart from my activities at the ashram, I travelled chiefly around North India for the purpose of religious discourses and sermons. In connection with these latter activities, between 23.9.2008 and 4.10.2008, I was in Indore where I stayed at the residence of one Annaji who is my disciple. In the evening of 4th October, 2008, I returned to my ashram in Jabalpur.
3. I say that on 7.10.2008, when I was at Jabalpur Ashram, I received a call from a police officer from the ATS, Maharashtra, called Mr Sawant, who wanted to know about my LML Freedom vehicle. However, I told him I had sold it long back and not concerned with it. However, he insisted me to come down to Surat as he wanted to question me at length about it. I was reluctant to go to Surat by leaving the Ashram and insisted for him to come down to Jabalpur, but he refused and told me to come down to Surat as early as possible.
4. I further say that accordingly I travelled to Surat by train via Ujjain and arrived at Surat on 10.10.2008 early in the morning and my disciple Shri Bhimbhai Pasricha had to receive me at Railway Station and I went to his place at Atop Nagar.
5. I say that here at about 10 AM, I met officer Mr Sawant who had apparently travelled to Surat to trace the ownership of a LML Freedom two wheeler and I questioned him as to what had happened to my vehicle and why you are asking about it. I say that I it was at this point time, Mr Sawant told me that my vehicle had been allegedly planted with the explosives and subsequently detonated in Malegaon in the last week of September. I also say that it was here for the first time, I came to know that my old vehicle had been allegedly used in Malegaon blast, which was completely shocking to me. I confirmed to Mr Sawant that the LML Freedom 2 wheeler of the colour and number, he mentioned had once belonged to me.
6. I say that in Surat during the course of my interrogation with Mr Sawant, I mentioned to him that the LML Freedom two wheeler once owned by me was subsequently sold to one Sunil Joshi of Madhya Pradesh way back in October, 2004 and that Mr Joshi had paid me Rs 24,000/- for the same. I had also signed the necessary TT Form for RTO transfer in October, 2004 itself. I categorically asserted to Mr Sawant that since October, 2004 I had no control over the vehicle or its movements and usage.
7. I further say that in spite of my answers, Mr. Sawant repeatedly asked me how the vehicle reached Malegaon and how it came to be involved in the bomb blast on 29.9.2008. I repeatedly replied that I could not answer his questions as I had no control of the vehicle since October, 2004.
8. I also say that Mr Sawant however informed me that he did not believe me and that I would have to accompany him and his ATS team to Mumbai for further interrogation and he assured me that after such interrogation I would be free to go back to my ashram.
9. It is significant to mention that I was not formally arrested on 10.10.2008. Even though no formal summons to attend as a Witness was served upon me to make my self available for interrogation in Mumbai, and even though I was within my rights to insist that I be interrogated at the place where I reside ie Jabalpur, trusting Mr Sawant and having nothing to hide, I agreed to accompany the ATS team to Mumbai. I say Mr Sawant told me take my father along with me. However, due to his old age, I told him it was not proper take down him to Mumbai and suggested that my disciple, one Mr Bhimbhai Pasricha, in whose very residence my questioning was being done by the ATS. I further say that at 5.15 PM myself, Mr Pasricha and the ATS officer left Surat and reached Bombay on the very night of 10.10.2008. In Bombay I was taken straight away to the ATS office at Kalachowkie.
10. Thereafter for two days I was detained and interrogated by the ATS team in Mumbai. The questions were repetitive and directed at somehow involving me in the bomb blast in Malegaon on 29.9.2008. My answers remained constant throughout.
11. I further say that on 12.10.2008 the ATS changed the mode of interrogation and became extremely aggressive with me. At first they asked my said disciple Mr Bhimbhai Pasricha to beat me with sticks, belts etc, on my palms, forehands, soles, etc. When Mr Pasricha refused to do so, he was severely beaten by the ATS. Ultimately with the greatest reluctance, he complied with the ATS orders but obviously being my disciple, he exerted the very minimum of force on me. He was then pushed aside by a member of the ATS squad knows as Khanwilkar, who then himself commenced beating me severely with a belt on my hands, forearms, palms, feet, soles, causing me bruises, swelling and contusions in these areas.
12. I say that from the 13th onwards, I say that I was beaten during the day, night and midnight. On two occasions I was even woken up in the early hours of the morning at 4 am and questioned about my knowledge of the blasts. On these occasions, I was beaten by a senior officer having a moustache, whom I can identify. In addition I was subject to vulgar abuse and obscene language by members of the ATS team interrogating me. My Guru was abused and my chastity was questioned. I was physically and verbally traumatised to the extent that I wanted to commit suicide.
13. I further say that on 14th taken out for the examination at a far away place from ATS and was brought back in the afternoon and that I day I had no meeting or even knowledge about Mr Pasricha.
14. I say that on 15th October, after noon, both myself and Mr Pasricha were taken by ATS vehicles to Hotel Rajdoot in Nagpada locality of Mumbai and were kept in Room Nos. 315 and 314 respectively and we were made to sign the Hotel Entry register, however, we did not pay or deposit any money with the hotel manager, which was done by the ATS.
15. I say that after putting into this hotel I was asked to make phone calls from mobile No. 94066 00004 and from one more mobile instrument not belonging to me to speak couple of persons including one of my female disciple and I was asked to say that I was in a hotel in Mumbai and hale & hearty and was doing fine. I say that at that time, I did not know why I was made to say so. I would reveal the name of my female disciple at an appropriate time.
16. I say that as a result of the custodial violence/torture, mental stress, anxiety that were developed in the process, I was subjected to, I developed acute abdominal and kidney pains. I lost my appetite, became nauseous and giddy and prone to having bouts of unconsciousness. In view of this, within few hours after putting in Rajdoot Hospital, I was removed from the ATS office and was taken a hospital which learnt it to be Shusrusha Hospital wherein I was kept in ICU. I say that within half an hour Mr Bhimbhai Pasricha came down to Shushrusha Hospital with some ATS men and my Hospital admission forms, and other medical examination forms, etc were signed by him. I say that Mr Khanwilkar deposited money to the hospital management for me, which I learnt from Mr Bhimbhai. I say that after some time Mr Pasricha left the Hospital along with the ATS men and thereafter I have no contact with of any nature.
17. I say that I underwent a treatment over here for 3 to 4 days. I say that as my condition did not improve, I was taken to another hospital whose name I cannot recall. This hospital consisted of a high rise building where I was treated for 2 to 3 days. I say that no female police constable was by my side either in Hotel Rajdoot or in either of the two hospitals.
18. I say that both at the hotel and the hospitals, I was carried on a stretcher and my face was always covered with a black hood to avoid my face from being seen. From the second hospital, I was brought back to the ATS office at Kalachowkie.
19. I say that I was finally arrested on 23.10.2008 and produced before the Chief Judicial Magistrate, Nasik on 24.1.2008. I was remanded to police custody on that date till 3.11.2008. Up to the 24.10.2008 and even sometime thereafter, I was denied access to a Lawyer or any member of my family. A polygraph test was conducted on me while I was in illegal detention prior to 23.10.2008. Thereafter a second polygraph test was conducted on 01.11.2008. On 04.11.2008, after I was remanded to Judicial custody on being presented before Nasik court on 03.11.2008, I also say that a Narco analysis test was also conducted on me.
20. I say that both the lie detector test as well as the Narco analysis test were conducted with out my consent. Never the less all these investigative tests have only established my innocence in the Malegaon bomb blast that took place on 29.9.2008. I finally was allowed to meet my sister Mrs Parthibha Bhagwan Jha on the evening of 02.11.2008, who had brought vakalatnamas of Advocate Ganesh Sovani who was engaged by my sister and her husband Mr Bhagwan Jha and had met him couple times in that week. This meeting was not conducted in private since members of the ATS stood within hearing distance of my sister and myself. I met my Advocate Ganesh Sovani for the first time in the court room of this Hon’ble Court very briefly for 4 to 5 minutes prior to the arguments commencing on my remand application on 03.11.2008.
21. I say that this period of 4 to 5 minutes was too short for me to give complete instructions as to what had transpired from 10th October onwards, about my vehicle, my stay at Kalachowkie, my illegal detention, the ill-treatment mitigated to me by ATS men, the beating job that was forced on my disciple to beat me, but which he carried out reluctantly, without any force, etc. I say that for this reasons, all the details had not reflected in the hand written application that was placed on record by my advocate Mr Sovani, for paucity of time to give all these instructions.
22. I say that on the evening of Wednesday 12.11.2008, I was allowed to meet my Advocate Ganesh Sovani for about 5-6 minutes again in the presence of female staff of Byculla jail. I say that again on 13.11.2008 I was allowed to talk to my said lawyer for 8-10 minutes to give him some more details. Thereafter, on Friday 14.11.2008 evening at about 04.30 PM, I was given nearly 20 minutes to talk to my said lawyer at length, and it was during this period I could narrate my entire ordeal with the ATS which is reproduced hereinabove.
23. I unambiguously state that I am totally innocent of any offence whatsoever. In particular I have no connection with the Malegaon bomb blast of 29.9.2008. While my former ownership of LML Freedom 2 wheeler, which was allegedly used in the Malegaon bomb blast entitled the ATS to interrogate me, that agency was not entitled to subject me to the treatment mentioned hereinabove. Their conduct discloses a blatant violation of statutory provisions of law, custodial abuse and violence, mental and physical torture and prolonged illegal detention. The ATS are fully aware that I am innocent. It appears however that they have a mandate from their political superiors to necessarily implicate me with Malegaon blasts with a view to suggest that Hindu Religious extremists were resorting to terrorism. The prolonged illegal detention, custodial abuse and physical torture were designed to compel me to confess to crimes I had not committed. This attempt of false implication persisted for the entire period between 10.10.2008 and 02.11.2008 . During this entire period I was deliberately isolated from my family and denied access to Lawyers. I say that no arrest panchanama was done after my arrest on 23.10.2008 and I was never asked about the names, addresses and telephone / mobile Nos. details to whom I would like to convey my arrest. I say that attention from my illegal detention was sought to be diverted by the ATS by daily leaking information regarding my involvement which was manifestly false and only indicated the malafide nature of the investigation. .
24. I say that While I was thus painted as a sinister mastermind of the Malegaon blasts, a role which has now been subtly reassigned by the ATS to Lt Col Purohit — crippled and vulnerable as I was by the detention, abuse and torture, I could not protest my innocence. Nor was I allowed access to family, friends and Lawyers who could have done so.
25. I say that it is necessary that a detailed enquiry of my illegal detention, custodial torture, etc needs to be done and for which I am ready and willing to get subjected to any such medical test or tests and I also want the ATS officers, who interrogated me, tortured me, etc should also be put to the same tests.
26. I say that the ATS has caused blatant violations of my human rights and I should get a justice and they need to be adequately dealt with as per the provisions of law.
27. In the circumstances I now pray for the following relief:
a) that the ATS be directed to submit an explanation for my detention without authority of law between 10.10.2008 and 23.10.2008;
b). that enquiry/investigati on be conducted into my accusation made hereinabove on oath, regarding custodial torture/violence and mental and psychological abuse;
c). that such investigation as referred to in (b) above, include a polygraph test, as well as Narco analysis on me to determine the veracity of my accusations;
d). that such investigation to include a polygraph test and narco analysis on officers of the ATS named by me, and also of those officers whose names, I do not know, but I can identify, for they subjecting me to mental and physical abuse during custody as well as others to be identified by me;
e) that a report be called for from the ATS for the reasons of my admission in two hospitals ( Shusrusha an another) and the medical treatment undergone by me at the said two hospitals;
f) The ATS be directed to disclose the reasons for my stay at Hotel Rajdoot at Mumbai.;
g) For such further and other reliefs as may be fit and proper in the facts and circumstances of the case.
Filed in court on 17.11.2008
Contents Explained to the
Deponent in Hindi &
Confirmed with Deponent.
(Deponent)
Posted on November 18th, 2008
Is the Media - TV Channels are the field of enquiry.
Investigations are only going on.
Media is Punishing those accused.
What happened to the Gaziabad Twin Murder Case-Media reacted same way- and where is the case?
Now ATS is working or Over working on a Particular Lead, but in the event of other culprits are involved they would be able to destroy the actual evidences and run away.
Why ATS leaks to Media?
Human rights violation over Militants would be looked by Communists and Media.
Posted on November 19th, 2008
Stop ATS terrorism: Sadhvi demands judicial enquiry (Full text of her affidavit in ATS Vs. Sadhvi case in Nasik court
http://www.scribd. com/doc/8134916/ Barbaric- Police
‘I was beaten day and night, my chastity was questioned. I wanted to commit suicide…’
Sadhwi Pragyan Chandrapal Singh Thakur says in her Nasik court affidavit
NASIK
C.R. NO. I – 130/08
(RE-NUMBERED AS C.R. No. 1 – 18/08 at ATS)
State of Maharashtra: Complainant
Thru’ ATS
V/s.
Sadhwi Pragyan Singh Thakur & Ors: Accused
AFFIDAVIT
I, Sadhwi Pragyan Chandrapal Singh Thakur, Age 38 years, Occupation — Nil, residing at 7, Ganga Sagar Apartment, Katodara Road, Surat, Gujarat State do hereby state on solemn affirmation as under:
1. I say that I am a resident of Madhya Pradesh. My parents live in Surat, Gujarat where they shifted residence a couple of years ago. I say that for some years now, I found myself becoming increasingly detached from the material world and correspondingly found tremendous comfort and solace in Spiritualism. Accordingly I decided to renounce the material world and become a Sanyasin. On 30.1.2007, after performing the appropriate Hindu Religious rites and prayers I became a Sadhwi. I say that ever since then, I have been residing in a ashram at Jabalpur, Madhya Pradesh. My life at the Ashram almost exclusively consisted of prayers, meditation, yoga and the reading of spiritual texts. At the ashram I did not watch TV channels and had practically no access to newspapers.
2. I say that apart from my activities at the ashram, I travelled chiefly around North India for the purpose of religious discourses and sermons. In connection with these latter activities, between 23.9.2008 and 4.10.2008, I was in Indore where I stayed at the residence of one Annaji who is my disciple. In the evening of 4th October, 2008, I returned to my ashram in Jabalpur.
3. I say that on 7.10.2008, when I was at Jabalpur Ashram, I received a call from a police officer from the ATS, Maharashtra, called Mr Sawant, who wanted to know about my LML Freedom vehicle. However, I told him I had sold it long back and not concerned with it. However, he insisted me to come down to Surat as he wanted to question me at length about it. I was reluctant to go to Surat by leaving the Ashram and insisted for him to come down to Jabalpur, but he refused and told me to come down to Surat as early as possible.
4. I further say that accordingly I travelled to Surat by train via Ujjain and arrived at Surat on 10.10.2008 early in the morning and my disciple Shri Bhimbhai Pasricha had to receive me at Railway Station and I went to his place at Atop Nagar.
5. I say that here at about 10 AM, I met officer Mr Sawant who had apparently travelled to Surat to trace the ownership of a LML Freedom two wheeler and I questioned him as to what had happened to my vehicle and why you are asking about it. I say that I it was at this point time, Mr Sawant told me that my vehicle had been allegedly planted with the explosives and subsequently detonated in Malegaon in the last week of September. I also say that it was here for the first time, I came to know that my old vehicle had been allegedly used in Malegaon blast, which was completely shocking to me. I confirmed to Mr Sawant that the LML Freedom 2 wheeler of the colour and number, he mentioned had once belonged to me.
6. I say that in Surat during the course of my interrogation with Mr Sawant, I mentioned to him that the LML Freedom two wheeler once owned by me was subsequently sold to one Sunil Joshi of Madhya Pradesh way back in October, 2004 and that Mr Joshi had paid me Rs 24,000/- for the same. I had also signed the necessary TT Form for RTO transfer in October, 2004 itself. I categorically asserted to Mr Sawant that since October, 2004 I had no control over the vehicle or its movements and usage.
7. I further say that in spite of my answers, Mr. Sawant repeatedly asked me how the vehicle reached Malegaon and how it came to be involved in the bomb blast on 29.9.2008. I repeatedly replied that I could not answer his questions as I had no control of the vehicle since October, 2004.
8. I also say that Mr Sawant however informed me that he did not believe me and that I would have to accompany him and his ATS team to Mumbai for further interrogation and he assured me that after such interrogation I would be free to go back to my ashram.
9. It is significant to mention that I was not formally arrested on 10.10.2008. Even though no formal summons to attend as a Witness was served upon me to make my self available for interrogation in Mumbai, and even though I was within my rights to insist that I be interrogated at the place where I reside ie Jabalpur, trusting Mr Sawant and having nothing to hide, I agreed to accompany the ATS team to Mumbai. I say Mr Sawant told me take my father along with me. However, due to his old age, I told him it was not proper take down him to Mumbai and suggested that my disciple, one Mr Bhimbhai Pasricha, in whose very residence my questioning was being done by the ATS. I further say that at 5.15 PM myself, Mr Pasricha and the ATS officer left Surat and reached Bombay on the very night of 10.10.2008. In Bombay I was taken straight away to the ATS office at Kalachowkie.
10. Thereafter for two days I was detained and interrogated by the ATS team in Mumbai. The questions were repetitive and directed at somehow involving me in the bomb blast in Malegaon on 29.9.2008. My answers remained constant throughout.
11. I further say that on 12.10.2008 the ATS changed the mode of interrogation and became extremely aggressive with me. At first they asked my said disciple Mr Bhimbhai Pasricha to beat me with sticks, belts etc, on my palms, forehands, soles, etc. When Mr Pasricha refused to do so, he was severely beaten by the ATS. Ultimately with the greatest reluctance, he complied with the ATS orders but obviously being my disciple, he exerted the very minimum of force on me. He was then pushed aside by a member of the ATS squad knows as Khanwilkar, who then himself commenced beating me severely with a belt on my hands, forearms, palms, feet, soles, causing me bruises, swelling and contusions in these areas.
12. I say that from the 13th onwards, I say that I was beaten during the day, night and midnight. On two occasions I was even woken up in the early hours of the morning at 4 am and questioned about my knowledge of the blasts. On these occasions, I was beaten by a senior officer having a moustache, whom I can identify. In addition I was subject to vulgar abuse and obscene language by members of the ATS team interrogating me. My Guru was abused and my chastity was questioned. I was physically and verbally traumatised to the extent that I wanted to commit suicide.
13. I further say that on 14th taken out for the examination at a far away place from ATS and was brought back in the afternoon and that I day I had no meeting or even knowledge about Mr Pasricha.
14. I say that on 15th October, after noon, both myself and Mr Pasricha were taken by ATS vehicles to Hotel Rajdoot in Nagpada locality of Mumbai and were kept in Room Nos. 315 and 314 respectively and we were made to sign the Hotel Entry register, however, we did not pay or deposit any money with the hotel manager, which was done by the ATS.
15. I say that after putting into this hotel I was asked to make phone calls from mobile No. 94066 00004 and from one more mobile instrument not belonging to me to speak couple of persons including one of my female disciple and I was asked to say that I was in a hotel in Mumbai and hale & hearty and was doing fine. I say that at that time, I did not know why I was made to say so. I would reveal the name of my female disciple at an appropriate time.
16. I say that as a result of the custodial violence/torture, mental stress, anxiety that were developed in the process, I was subjected to, I developed acute abdominal and kidney pains. I lost my appetite, became nauseous and giddy and prone to having bouts of unconsciousness. In view of this, within few hours after putting in Rajdoot Hospital, I was removed from the ATS office and was taken a hospital which learnt it to be Shusrusha Hospital wherein I was kept in ICU. I say that within half an hour Mr Bhimbhai Pasricha came down to Shushrusha Hospital with some ATS men and my Hospital admission forms, and other medical examination forms, etc were signed by him. I say that Mr Khanwilkar deposited money to the hospital management for me, which I learnt from Mr Bhimbhai. I say that after some time Mr Pasricha left the Hospital along with the ATS men and thereafter I have no contact with of any nature.
17. I say that I underwent a treatment over here for 3 to 4 days. I say that as my condition did not improve, I was taken to another hospital whose name I cannot recall. This hospital consisted of a high rise building where I was treated for 2 to 3 days. I say that no female police constable was by my side either in Hotel Rajdoot or in either of the two hospitals.
18. I say that both at the hotel and the hospitals, I was carried on a stretcher and my face was always covered with a black hood to avoid my face from being seen. From the second hospital, I was brought back to the ATS office at Kalachowkie.
19. I say that I was finally arrested on 23.10.2008 and produced before the Chief Judicial Magistrate, Nasik on 24.1.2008. I was remanded to police custody on that date till 3.11.2008. Up to the 24.10.2008 and even sometime thereafter, I was denied access to a Lawyer or any member of my family. A polygraph test was conducted on me while I was in illegal detention prior to 23.10.2008. Thereafter a second polygraph test was conducted on 01.11.2008. On 04.11.2008, after I was remanded to Judicial custody on being presented before Nasik court on 03.11.2008, I also say that a Narco analysis test was also conducted on me.
20. I say that both the lie detector test as well as the Narco analysis test were conducted with out my consent. Never the less all these investigative tests have only established my innocence in the Malegaon bomb blast that took place on 29.9.2008. I finally was allowed to meet my sister Mrs Parthibha Bhagwan Jha on the evening of 02.11.2008, who had brought vakalatnamas of Advocate Ganesh Sovani who was engaged by my sister and her husband Mr Bhagwan Jha and had met him couple times in that week. This meeting was not conducted in private since members of the ATS stood within hearing distance of my sister and myself. I met my Advocate Ganesh Sovani for the first time in the court room of this Hon’ble Court very briefly for 4 to 5 minutes prior to the arguments commencing on my remand application on 03.11.2008.
21. I say that this period of 4 to 5 minutes was too short for me to give complete instructions as to what had transpired from 10th October onwards, about my vehicle, my stay at Kalachowkie, my illegal detention, the ill-treatment mitigated to me by ATS men, the beating job that was forced on my disciple to beat me, but which he carried out reluctantly, without any force, etc. I say that for this reasons, all the details had not reflected in the hand written application that was placed on record by my advocate Mr Sovani, for paucity of time to give all these instructions.
22. I say that on the evening of Wednesday 12.11.2008, I was allowed to meet my Advocate Ganesh Sovani for about 5-6 minutes again in the presence of female staff of Byculla jail. I say that again on 13.11.2008 I was allowed to talk to my said lawyer for 8-10 minutes to give him some more details. Thereafter, on Friday 14.11.2008 evening at about 04.30 PM, I was given nearly 20 minutes to talk to my said lawyer at length, and it was during this period I could narrate my entire ordeal with the ATS which is reproduced hereinabove.
23. I unambiguously state that I am totally innocent of any offence whatsoever. In particular I have no connection with the Malegaon bomb blast of 29.9.2008. While my former ownership of LML Freedom 2 wheeler, which was allegedly used in the Malegaon bomb blast entitled the ATS to interrogate me, that agency was not entitled to subject me to the treatment mentioned hereinabove. Their conduct discloses a blatant violation of statutory provisions of law, custodial abuse and violence, mental and physical torture and prolonged illegal detention. The ATS are fully aware that I am innocent. It appears however that they have a mandate from their political superiors to necessarily implicate me with Malegaon blasts with a view to suggest that Hindu Religious extremists were resorting to terrorism. The prolonged illegal detention, custodial abuse and physical torture were designed to compel me to confess to crimes I had not committed. This attempt of false implication persisted for the entire period between 10.10.2008 and 02.11.2008 . During this entire period I was deliberately isolated from my family and denied access to Lawyers. I say that no arrest panchanama was done after my arrest on 23.10.2008 and I was never asked about the names, addresses and telephone / mobile Nos. details to whom I would like to convey my arrest. I say that attention from my illegal detention was sought to be diverted by the ATS by daily leaking information regarding my involvement which was manifestly false and only indicated the malafide nature of the investigation. .
24. I say that While I was thus painted as a sinister mastermind of the Malegaon blasts, a role which has now been subtly reassigned by the ATS to Lt Col Purohit — crippled and vulnerable as I was by the detention, abuse and torture, I could not protest my innocence. Nor was I allowed access to family, friends and Lawyers who could have done so.
25. I say that it is necessary that a detailed enquiry of my illegal detention, custodial torture, etc needs to be done and for which I am ready and willing to get subjected to any such medical test or tests and I also want the ATS officers, who interrogated me, tortured me, etc should also be put to the same tests.
26. I say that the ATS has caused blatant violations of my human rights and I should get a justice and they need to be adequately dealt with as per the provisions of law.
27. In the circumstances I now pray for the following relief:
a) that the ATS be directed to submit an explanation for my detention without authority of law between 10.10.2008 and 23.10.2008;
b). that enquiry/investigati on be conducted into my accusation made hereinabove on oath, regarding custodial torture/violence and mental and psychological abuse;
c). that such investigation as referred to in (b) above, include a polygraph test, as well as Narco analysis on me to determine the veracity of my accusations;
d). that such investigation to include a polygraph test and narco analysis on officers of the ATS named by me, and also of those officers whose names, I do not know, but I can identify, for they subjecting me to mental and physical abuse during custody as well as others to be identified by me;
e) that a report be called for from the ATS for the reasons of my admission in two hospitals ( Shusrusha an another) and the medical treatment undergone by me at the said two hospitals;
f) The ATS be directed to disclose the reasons for my stay at Hotel Rajdoot at Mumbai.;
g) For such further and other reliefs as may be fit and proper in the facts and circumstances of the case.
Filed in court on 17.11.2008
Contents Explained to the
Deponent in Hindi &
Confirmed with Deponent.
(Deponent)
Identified by me:
ADVOCATE