The best way to know the self is feeling oneself at the moments of reckoning. The feeling of being alone, just with your senses, may lead you to think more consciously. More and more of such moments may sensitize ‘you towards you’, towards others. We become regular with introspection and retrospection. We get ‘the’ gradual connect to the higher self we may name Spirituality or God or just a Humane Conscious. We tend to get a rhythm again in life. We need to learn the art of being lonely in crowd while being part of the crowd. A multitude of loneliness in mosaic of relations! One needs to feel it severally, with conscience, before making it a way of life. One needs to live several such lonely moments. One needs to live severallyalone.
Thursday, 31 August 2017
Wednesday, 30 August 2017
Tuesday, 29 August 2017
Monday, 28 August 2017
- In order to prove the prima facie case against the appellant, the prosecution has relied upon the transcription of the conversations of the meetings obtained from the laptop of Swami Amrutanand (A-10), statement of prosecution witnesses recorded under Sections 161 and 164(5) of the Code of Criminal Procedure, 1973 (in short ‘the Code’), intercepted telephonic conversations between the appellant herein and co-accused persons and lastly the finding of traces of RDX in the house of co-accused Sudhakar Chaturvedi (A-11).
- With regard to the transcription of the conversations of the meetings, it was urged from the side of the appellant that there was no such conspiracy hatched between the persons present in the meeting to commit bomb blasts at Malegaon and the persons present have expressed their general opinion about the then prevailing political and social situation.
- In this backdrop, it is relevant to note that the appellant herein was a serving Army Officer and was associated with Military Intelligence and Interior Terrorism (Insurgency Activities).
- In the statement of PW-21, it has been revealed that immediately after the alleged conspiracy meeting, he found the appellant herein disclosing the details of the said meeting to his superior officers in Military Intelligence.
Even the appellant herein also informed that it was a ‘covert operation’ of Military Intelligence and he attended the said meetings to create the counterintelligence and no conspirator will ever divulge the details of the conspiracy to the superior officers in Military Intelligence.
- Besides this, the documents filed by the Ministry of Defence and the papers of the Court of Inquiry also substantiate the claim of the appellant herein.
- The NIA started the investigation on the basis of the facts stated in the FIR and the evidence collected by the ATS, Mumbai.
- During investigation, it was found that there were contradictions with regard to the evidence led in the charge sheet by the ATS.
- On the basis of the specific points covered during the investigation conducted by the NIA, it was concluded that no offence under the MCOC Act was attracted and the confessional statements recorded under the provisions of the said Act by ATS Mumbai were not being relied upon by the NIA in the charge sheet against the accused persons.
- In fact, on evaluation of the evidence against Pragya Singh Thakur (A-1), the evidence on record were not found sufficient by the NIA to prosecute her as all the witnesses had retracted from their statements and thus no case was made out against her.
- A perusal of the statements of various prosecution witness recorded under Section 164 of the Code by the NIA, it was revealed that the ATS, Mumbai forced them to make the statements under the aforesaid Section by threatening them to falsely implicate them in the case.
- In other words, witnesses retracted from their statements recorded by the ATS, Mumbai at Mumbai.
- Even during re-examination of PW-79 recorded under Section 164 of the Code, he deposed that he did not attend any meeting of ‘Abhinav Bharat’ held at Bhopal and he had never visited Bhopal until ATS took him to Ram Mandir, Bhopal in the month of May, 2009. The very same statement was again recorded at Delhi by learned Metropolitan Magistrate, where he confirmed the same.
- In view of the above, it would be relevant to quote the retracted statement of PW-55, mentioned in the charge sheet filed by the NIA, wherein he stated that he did not retract in front of the Magistrate while his statement was being recorded under Section 164 of the Code due to threat and pressure of the ATS.
- However, he sent one complaint to Maharashtra State Human Rights Commission, Mumbai on 05.10.2009 stating that he was forced to give the confessional statement as dictated to him by the ATS Mumbai that too before transfer of the investigation of the case to the NIA.
- He further alleged that the following lies were dictated to him to depose before the Magistrate by the ATS which he also incorporated in the complaint sent to State Human Rights Commission which are as under:-
- Apart from the above, during the investigation by the NIA, it was revealed that the Army authorities had conducted a Court of Inquiry (CoI) against the appellant herein.
- During scrutiny of the proceedings of the CoI, a different story of assembling of IED in the House of Sudhakar Chaturvedi (A-11) came to light.
- During re-examination of the witnesses by the NIA who deposed before the Court of Inquiry (CoI), it was revealed that they suspiciously found API Bagde of ATS in the house of A-11 when A-11 was not present in the house.
- On considering the facts narrated by the witnesses, the question arises here as to why API Bagde visited the house of A-11 in his absence.
- It is also pertinent to mention here that the ATS conducted the search of the house of A-11 on 25.11.2008 wherefrom they had taken the swab of RDX which creates a doubt on the recovery of RDX keeping in view the examination of the witnesses.
- Even in the charge sheet filed by the ATS, it has been very specifically mentioned that the recovery itself becomes suspect on the ground that the ATS Mumbai may have planted the RDX traces to implicate him and the other accused persons in the case.
- In our considered opinion, there are material contradictions in the charge sheets filed by the ATS Mumbai and the NIA which are required to be tested at the time of trial and this Court cannot pick or choose one version over the other.
- The law in regard to grant or refusal of bail is very well settled. The court granting bail should exercise its discretion in a judicious manner and not as a matter of course.
- Before concluding, we must note that though an accused has a right to make successive applications for grant of bail, the court entertaining such subsequent bail applications has a duty to consider the reasons and grounds on which the earlier bail applications were rejected.
- In such cases, the court also has a duty to record the fresh grounds which persuade it to take a view different from the one taken in the earlier applications.
- Further, the appellant herein, who was at the relevant time was an Intelligence officer of the Indian Army has refuted the claim of conspiracy on the ground of Intelligence inputs which he informed to his superior officers as well and the alleged role of ATS officials in the planting of RDX at the residence of A-11 clearly indicate the fresh grounds which persuade the appellant herein to take a view different from the one taken in the earlier applications.
- Keeping in view the fact that NIA has submitted the supplementary charge-sheet which is at variance with the charge-sheet filed by the ATS and that the trial is likely to take a long time and the appellant has been in prison for about 8 years and 8 months, we are of the considered view that the appellant has made out a prima facie case for release on bail and we deem it appropriate to enlarge the appellant herein on bail, subject to certain conditions.
Sunday, 27 August 2017
Saturday, 26 August 2017
Friday, 25 August 2017
Thursday, 24 August 2017
EVEN IF HIS RESIGNATION IS ACCEPTED, SURESH PRABHU WILL ONLY BE THIRD RAIL MINISTER TO RESIGN TAKING MORAL RESPONSIBILITY
Wednesday, 23 August 2017
PEEVED AT TRUMP’S PRO INDIA BENT, CHINESE MEDIA DEFENDS PAKISTAN AND BATS FOR A GREATER CHINESE ROLE IN AFGHANISTAN
The Taliban has dismissed the US policy change on Afghanistan saying it was nothing news and has dared the world’s only superpower that it will turn Afghanistan into a graveyard for the US troops.
"If America doesn´t withdraw its troops from Afghanistan, soon Afghanistan will become another graveyard for this superpower in the 21st century”, an AFP report said quoting Zabiullah Mujahid, an Afghan Taliban spokesperson.
US President Donald Trump, in his much awaited Afghanistan policy review, made a clear departure from his earlier stand that US had to withdraw from Afghanistan. He, in fact, said that after deliberations he had reached to a conclusion that the US could not leave Afghanistan in a state that would make it a breeding ground for terror outfits quoting the Iraq example where a US withdrawal seen emergence of the Islamic State.
Showing a conviction to increase number of US troops in Afghanistan and giving them a free hand in their ground operations, Trump said, “One way or another, these problems will be solved -- I'm a problem solver -- and, in the end, we will win.”
Reacting on it, the Taliban spokesperson said there was nothing new in the speech and Trump was just wasting American soldiers. "As long as there is one US soldier in our land, and they continue to impose war on us, we, with a high morale will continue our jihad", he added.
The US launched war in Afghanistan in 2001 to overthrow the Taliban government there after the 9/11 attacks which was planned by Al Qaeda in Afghanistan under the Taliban protection. But what began as an operation to overthrow a government has become the longest foreign war in the US history, now in its 16th years, and has cost the US hundreds of billions of dollars with around 2400 dead US soldiers and over 20,000 injured.
Afghanistan has been witnessing terror resurgence. Last year, the US and NATO commander in Afghanistan General John F. Campbell had described the Haqqani Network as the most capable threat to the US and coalition forces. Also, Taliban is seeing a new surge. According to different analyses, it now controls 10 per cent of the Afghan territory and 30 per cent of its people.