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IN THE SUPREME COURT OF INDIA

(Criminal Original Jurisdiction)

WRIT PETITION (CRIMINAL) No. 19 OF 2012

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

Mr. Gulzar Ahmed Azmi & Anr. …Petitioners

Versus

Union of India & Ors. ...Respondents

WITH

Crl. M.P. NO._______ OF 2012

AN APPLICATION FOR EXEMPTION FROM FILING OFFICIALTRANSLATIONS OF THE ANNEXURES

PAPER – BOOK(FOR INDEX KINDLY SEE INSIDE)

Advocate for the Petitioner: SYED MEHDI IMAM



2

I N D E X

SL.NO.

PARTICULARS PAGENO.

1. Listing Performa A1-A3

2. Synopsis & List of Dates. B – N

3. Writ Petition under Article 32 of theconstitution of India

1-103



3



B

SYNOPSIS

The prayer of the petitioners before this Hon’ble Court is that

an order/(s) writ or Direction/(s) may be issued to the

Respondent/(s) with regard to investigations of all the Bomb

Blast Cases which have occurred through out the country in

recent years be reviewed and further investigated by a high

level committee to be constituted by this Hon’ble Court with a

view to unraveling and exposing the conspiracy behind the

same and aims and objectives of the conspiracy. The

Petitioners submit that the issue is of vital National importance

as Muslims in the country are being deliberately targeted and

innocent Muslim boys are being blamed for all the blast cases

and arrested on fabricated and false evidence which blasts, as

revealed subsequently, have been the handiwork of right wing

Hindu organizations and who are actively helped by the

Investigating Agencies by not going to the root of real

conspiracy. The Petitioners submit that the Muslims in general

perceive that their community is being unfairly targeted by

Investigation Agencies, that the Investigations of Bomb Blast

cases are biased and prejudiced and that the real perpetrators

are not brought to book. This perception by the Muslims is

grave and threatens the very secular fabrics of the society and

if allowed to persist portends grave and dangerous

consequences for unity and integrity of India.

Therefore, the petitioners to maintain the basic secular

fabric of the country are filing the instant petition before this

Hon’ble Court for an appropriate order in the interest of justice.



C

SYNOPSIS AND LIST OF DATES

08.09.2006 At about 1350 hrs., four bombs exploded in

Malegaon, three bombs in the compound of Hamidiya

Masjid and BadaKabarastan and fourth one at

MushawaratChowk, killing 31 persons and injuring

312 others. It being a Friday (Jumma) and ‘Shab-e-

Barat’, a day of religious importance, many Muslim

devotees had converged to offer Namaz.

Sep/Oct 2006 Initially the local district police had been

investigating the case on the correct lines and had

found some important clues, but the I.B. suddenly

stepped in, in the garb of the then ATS Chief K.P.

Raghuvanshi and by totally changing the direction of

investigation started picking up innocent Muslim boys

on flimsy ground and started fabricating evidence

against them.

Dec. 2006 The ATS worked on the theory that some SIMI

activists, with the help of two Pakistanis, caused the

blast, arrested nine persons and sent chargesheet

against them. One of the accused charged of actually

planting one of the bombs was reportedly leading a

Friday prayer in a place 700 kms. from Malegaon at

the time of the blast and one other had been in the

custody of the Mumbai police since four months prior

to the blast. The main evidence adduced was in the



D

form of confessional statements of accused while

being in police custody, statement of one accused

turned approver statements of witnesses under

section 165 Cr.P.C., some tickets etc. which could

easily be manipulated.

Dec. 2006 Following the public out cry the Government of

India ordered the transfer of investigation to the CBI

on the recommendation of Government of

Maharashtra. However surprisingly before the papers

and investigation were actually handed over to C.B.I.

the ATS hurriedly filed the charge sheet. This was

intentional to prejudice the further investigation by

C.B.I.

Feb. 2010 CBI further investigated the case, but for some

unknown reasons stuck to the theory of ATS and filed

a supplementary chargesheet on the lines of the ATS

chargesheet.

19.02.2007 Bomb blasts took place on ‘Samjhauta’ Express

killing 68 persons and injuring many. The Indian

Government, at the instance of the I.B. hinted at the

involvement of Pakistani backed terrorist out fits

across the order for the blast.



E

March, 2007 The Haryana Police on the basis of a vital

clue visited Indore (M.P.) and had almost detected

the case, but they had to beat a retreat as the M.P.

Police, for some mysterious reasons refused to co-

operate with them.

Nov. 2008 The involvement of Lt.Col. Prasad Purohit in the

Samjhauta Express blast was disclosed during his

narco analysis test conducted by Maharashtra ATS

Chief Hemant Karkare in connection with the

Malegaon blast case 2008, but the I.B. allegedly

pressurized Hemant Karkare through the Central

Government not to pursue this line saying “This

would impair the Centre’s credibility internationally,

as when the train blast took place, the Centre had

blamed Pakistan ISI for the terror strike on the basis

of I.B.’s (baseless) insinuations.

18.05.2007 In Mecca Masjid of Hyderabad a bomb blast

took place, in which nine persons were killed and

many injured. It was found that two bombs with

similar timer devices had been planted; one of which

exploded and the other remained unexploded.

21.05.2007 The Times of India, Pune, in its issue dated May 21,

2007 reported that one of the SIM Cards used in the

Mecca Masjid blast was traced to one Babulal Yadav

of Asansol, West Bengal and was obtained on the



F

basis of a forged driving license. The person by

that name however was not traced.

Jan. 2008 Maj (Retd.) Ramesh Updhyaya of “Abhinav Bharat”

in a meeting held at Faridabad admitted that Mecca

Masjid blast is the handi work of “their men” and Lt.

Col. Purohit informed that he had been doing the

‘operation’ to satisfy Israel’s precondition of showing

something on the ground before rendering help for

the cause of “Hindu Rashtra”.

Nov. 2008 During his narco analysis test in the

investigation of Malegaon 2008 blast case Lt. Col.

Prasad Purohit reportedly admitted his role in Mecca

Masjid blast.

11.10.2007 In the Dargah of KhwajaMainuddinChisti of

Ajmer Sharif a bomb was exploded at about 6.15

p.m. when a large number of people had gathered for

the “Iftar” (breaking of Ramzan fast) in which three

persons were killed and 15 injured. In this case also,

the perpetrators had planted two bombs one of which

exploded and the other remained unexploded.

15.10.2007 ‘The Times of India’, Pune, in its issue dated

October 15, 2007 reported that one of the SIM cards

used in the blast had been obtained by using the



G

identity of a well known Ayurvedic Practitioner of

Gauhati (Assam).

Nov. 2008 Lt. Col. Prasad Purohit of “Abhinav Bharat” in

his narco analysis test admitted his role in the Ajmer

Sharif blast also.

2007

to 2010 Though absolutely specific and positive clues had

been available to the local police within a few days of

the incidents in respect of Samjhauta Express, Mecca

Masjid and Ajmer Sharif blasts, they were not

followed or not allowed to be followed meticulously

and were not taken to their logical end.

On the other hand the local police started

following altogether different lines of investigation

such as involvement of Pakistan’s ISI in Samjhauta

Express blast case or involvement of Bangladesh

based HUJI or Jaish-e-Mohammad and their operative

‘Bilal’ in Mecca Masjid blast case or LeT supported by

HUJI and Jaish in Ajmer Sharif blast case with ‘Bilal’

and one of the victim of the blast SayyedSaleem as

main suspects.

In Mecca masjid blast case, the police arrested

scores of Muslim boys in frivolous and fake cases and

tried to extract confession. But they could not



H

succeed and all the boys were acquitted by the

trial courts.

Apparently the local police had been acting on

the tip-offs given by the I.B., which later proved to

be absolutely false and given with ulterior motive.

Oct. 2010 Later the investigation of Ajmer Sharif case was

taken over first by the ATS, Rajasthan and then by

the NIA. The ATS filed its supplementary charge

sheet in October, 2010 which was broadly endorsed

by the NIA later. The NIA also took over the

investigation of Samjhuata Express and Mecca Masjid

cases did further investigation and filed chargesheet

in 2011.

In its investigation, the NIA followed the same clues

which had been available to the local police in 2007

itself.

The NIA investigated the cases impartially and with

open mind and filed the chargesheets against totally

different persons i.e. those belonging to right wing

radical Hindu groups as against the theory of Muslim

originations and persons being touted all along.



I

The Samjhuata Express, Mecca Masjid and Ajmer

Sharif blasts were transpired to be the handiwork of

the prominent RSS leaders. The plan was originally

mooted by Swami Aseemanand and one Sunil Joshi,

the head of “Jai Vande Mataram” who was formerly

the district RSS Prachar Pramukh of Mahu (M.P.). The

plan was executed by Sunil Joshi, with the help of

SandeepDange, Devendra Gupta, Lokesh Sharma,

RamjiKalsangra, Pragya Singh Thakur of “JaiVandeMataram” and of Lt. Col. Purihit,

DayanandPandey and Sameer Kulkarni of “Abhinav

Bharat”. All of them were associated with RSS.

Dec. 2010 &

Jan. 2011 Swami Aseemanand gave his confessional

statement before the Judicial Magistrates in

connection with both the Mecca Masjid and

Ajmer Sharif blast cases. He broadly

corroborated the facts revealed in the NIA’s

investigation. Moreover, he confessed that the

Malegaon 2006 blast was also caused by the

same group and categorically stated that the

Muslim boys arrested in Malegaon blast case

2006 and Mecca Masjid blast case 2007 were

innocent.

March, 2011 Consequent to the confessional statement of

Swami Aseemanand, the Malegaon blast case



J

of 2006 was handed over to the NIA for

further investigation. It reviewed the evidence

collected by previous investigation agencies viz

ATS and CBI and also collected fresh evidence.

Its investigation brought out several new facts

in the form of statements and forensic reports.

Nov. 2011 When the nine accused in the Malegoan case of

2006 made applications for their release on bail,

the NIA decided not to oppose it in view of the

new revelations and hence the Special MCOCA

court released the accused on bail.

2006 It was not only in the investigation of above

mentioned four cases that the I.B. gave wrong

inputs to the local police and took the

investigation on wrong tracks; it has done it in

almost all the blast cases.

It is because of this that highly sensitive

matters such as the contents of the two lap-

tops recovered by HemantKarkare in the

Malegaon blast case 2008, which contained the

road map to “Hindu Rashtra”, mysterious

disappearance of U.S. national Ken Haywood, to

whom was traced the e-mail of Ahmedabad

blast, the SIM card found with one of the

terrorists killed in Batla House (Delhi)



K

encounter having connection with

Aurangabad District of Maharashtra, the SIM

cards and mobile phones recovered in some

other cases, the cordial relations between the

then ATS Chief Maharashtra, K.P. Raghuvanshi

and the main conspirator and main supplier of

RDX Lt. Col. Prasad Purohit etc. have not been

thoroughly inquired into but have been

deliberately suppressed for the fear that the

whole conspiracy of the right wing radical Hindu

groups would be exposed.

2006-2008 Like in Samjhauta Express, Mecca Masjid and

Ajmer Sharif blast cases, many important leads

disclosed during the early investigation in some

other cases, viz. Mumbai train blast case 2006,

Ahmedabad and Surat bomb case of 2008,

Jaipur blast case of 2008 etc have been left

unpursued.

2006 to 2008 Such loop holes, were allowed to be kept in the

investigation as the local police or the state

investigation agencies did not have a free hand

in investigation. From day one the I.B. would

guide the course of investigation by declaring

the involvement of some Muslim outfits and/or

persons. It would then give wrong inputs to the

state investigation agencies or special



L

teams and force them to manipulate

evidence to fit in its theory. The investigation

agencies would then illegally detain innocent

Muslim boys or arrest them in frivolous and

false cases, subject them to inhuman methods

of torture, even resort to “encounter” and

manipulate evidence such as confession,

statements u/s. 165 Cr. P.C., seizure of RDX,

arms and ammunition, recovery of Jihadi

literature, recovery of lap-tops containing

incriminating articles record connecting the

person to some terror outfit and so on and

would file a chargesheet on the basis of such

fabricated evidence.

16.10.2009 After the arrest of 11 operatives of “Abhinav

Bharat” in October-November, 2008 in the

Malegaon blast case 2008, the bomb blasts

almost stopped for a year, convincing the

people that the earlier blasts were also the

handiwork of right wing Hindu radical groups To

prove this public perception wrong a radical

Hindu terror group “SanatanSansthan”

attempted to cause a bomb blast on the eve of

Diwali festival on 16th October, 2009 at a place

in Margaon (Gao) where a large number of

Hindus were to gather. But the bomb went off

while being planted killing two terrorist of

“SanatanSanthan” and their plan failed.



N

assistance. The NIA started the

investigation with open mind. But it did not get

any coo-operation from the ATS which refused

to disclose anything to NIA and started

arbitrarily dismissing the facts revealed by the

NIA. Ultimately NIA had to withdraw itself and

call all its officers to Delhi.

In the whole episode the I.B’s role has been

very dubious. There is a strong suspicion of its

having a nexus with the right wing terrorist

groups and pro-“Hindu Rashtra” forces. But

over the years it has become such a formidable

force that nobody dare touch it with the result

not a single I.B. officer has been punished or

removed inspite of having a overwhelming

evidence against many of them. Even its

stooges in the state police are also found to

enjoy impunity.

Barring some self detected cases like Nanded

case of 2006, or Margaon (Goa) case of 2008 or

those investigated by the then Maharashtra ATS

Chief, Late Hemant Karkare, almost all the blast

cases and other terror related cases have been

investigated with a biased and prejudiced mind

set. There have been umpteen number of

cases of utter discrimination where the



O

members of the minority community have

been unfairly targeted by law enforcement

agencies and those of right wing radical Hindu

groups have been treated with kid gloves. It is,

therefore, necessary to review all the blast

cases and other terror related cases taken place

since 2002.

23.01.2012 Hence the present writ petition.



1





IN THE MATTER OF

1. Mr. Gulzar Ahmed AzmiAge: Adult, Occu:Social Work,R/at 32/29-C, Piru Lane,Mumbai 400 009

2. Mr. Sudhir SawantAge: Adult, Occu:Social Work,B - 102, Deccan Apartment,Khar Danda, Union Park,Mumbai 400 052. …Petitioners

VERSUS

1. Union of IndiaThrough, Secretary,Dept. of Home Affairs,Government of IndiaSouth Block, New Delhi.

2. State of Maharashtra

Through Chief Secretary,Govt. of Maharashtra,Mumbai.

3. State of RajasthanThrough Chief Secretary,Govt. of Rajasthan,Jaipur.

4. State of Andhra Pradesh,Through Chief Secretary,Govt. of Andhra Pradesh,Hyderabad.

5. State of Gujarat,Through Chief Secretary,Govt. of Gujarat,Gandhinagar.



2

6. State of Delhi,Through Chief Secretary,

Govt. of Delhi,New Delhi.

7. State of Haryana,Through Chief Secretary,Govt. of Haryana,Chandigarh.

8. State of Karnataka,

Through Chief Secretary,Govt. of Karnataka,Bengurulu.

9. State of Tamilnadu,Through Chief Secretary,Govt. of Tamilnadu,Chennai. …Respondents

WRIT PETITION UNDER ARTICLE 32 READ

WITH ARTICLE 21 OF THE CONSTITUTION

OF INDIA FOR SEEKING ISSUANCE OF

WRIT IN THE NATURE OF MANDAMUS FOR

CONSTITUTION OF COMMITTEE TO

FURTHER INVESTIGATE ALL THE BOMB

BLASTS CASES TAKEN PLACE SINCE 2002.

TO,THE HON’BLE THE CHIEF JUSTICE OF INDIAAND HIS LORDSHIPS COMPANION JUSTICESOF THE HONOURABLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OFTHE PETITIONERS ABOVENAMED

MOST RESPETFULLY SHOWETH:

1.

The Petitioners are filing this Writ Petition praying

for orders and directions that investigations of all the

Bomb Blast Cases which have occurred through out the

country in recent years be reviewed and further



3

investigated by a high level committee to be constituted by

this Hon’ble Court with a view to unraveling and exposing the

conspiracy behind the same and aims and objectives of the

conspiracy. The Petitioners submit that the issue is of vital

National importance as Muslims in the country are being

deliberately targeted and innocent Muslim boys are being

blamed for all the blast cases and arrested on fabricated and

false evidence which blasts, as revealed subsequently, have

been the handiwork of right wing Hindu organizations and

who are actively helped by the Investigating Agencies by not

going to the root of real conspiracy. The Petitioners submit

that the Muslims in general perceive that their community is

being unfairly targeted by Investigation Agencies, that the

Investigations of Bomb Blast cases are biased and prejudiced

and that the real perpetrators are not brought to book. This

perception by the Muslims is grave and threatens the very

secular fabrics of the society and if allowed to persist

portends grave and dangerous consequences for unity and

integrity of India. This perception of the Muslims has also

been endorsed by the Hon'ble Prime Minister in the meeting

of the National Integration Council (NIC) recently. The

petitioners for redressal of their grievances have made

representation dated 29.09.2011 to the Ministry of Home

Affairs which is still pending.

2. The Facts leading to the filing of the present Writ Petition is

as follows:



4

3. The Petitioner No. 1 is a secretary legal cell of Jamiet

Ulema, Maharashtra having its office at Imam Bara

Compound, Imam Bara Road, Mumbai 400 009 and the

Petitioner No. 2 is a President of Shivrajya Party. The

Petitioners have been able to collect some of the

documents and material pertaining to some of the Bomb

Blast Cases and other terror related cases which have

taken place in the country during the last few years.

After going through the documents such as the charge-

sheets of the bomb blast cases and other terror related

cases, taken place in the country during the last few

years, the news paper reports of the investigation of

such cases, the confessional statements of some of the

real accused persons, the admission by the members of

a right wing radical group ‘Abhinav Bharat’ owning

responsibility for such blasts, the affidavits filed by some

accused persons allegedly falsely implicated in such

cases and some other material including the fourth

edition of the book “Who Killed Karkare? – The Real Face

of terrorism in India” written by the former I.G.P. of

Maharashtra, the Petitioners are constrained to come to

the conclusion that most of the cases have not been

investigated impartially and with a open mind; but have

been investigated with prejudiced & preconceived view

and thus, are the classic examples of blatantly



5

discriminatory investigations targeting the Muslim

community in general as detailed below:

[I] Vital clues intentionally not pursued for three

years :

4. The investigation agencies like some state ATS and/or

NIA have recently i.e. in 2010-2011 filed fresh

Chargesheets in courts in respect of the bomb-blast

cases of Mecca Masjid, Ajmer Sharif and Samjhauta

Express that had taken place in 2007. In case of Mecca

Masjid and Ajmer Sharif, the NIA have filed

chargesheets against totally different accused persons

belonging to right wing radical Hindu groups as against

the theory of involvement of Muslim organizations and

persons being pursued and propagated all along by the

investigation agencies of the states concerned. After

going through the charge-sheet of the Ajmer Sharif case

and reading the excerpts of the other charge-sheets

published in some news-papers and periodicals, any

person having a modicum of common sense and

elementary knowledge of law & investigation would ask :

why did the earlier investigation agencies did not

investigate the cases in 2007 itself on these lines when

the same clues had been available to them then? And

why did they follow a totally different line and arrest

innocent Muslim boys in as in case of Mecca Masjid



6

blasts case merely on suspicion without any concrete

evidence and make them languish in jail for months and

years on end?

In case of Samjhauta blast case also, important clues

were available in 2007 itself, but for some unknown

reasons the investigation was not completed till 2011

when the NIA took it to its logical end.

Mecca Masjid & Ajmer Sharif Cases :

The Rajasthan ATS filed its 806 pages chargesheet

against six accused in the Ajmer Sharif blast case of

2007 on 15-10-2010 and it was also broadly endorsed

by the NIA later. The facts that led to cracking of the

case, as given in the chargesheet are as follows:

The perpetrators had planted two bombs – one of them

exploded, the other remained unexploded. In both the

bombs SIM cards and mobile phones were used as timer

devices. During the investigation the SIM card in the

exploded bomb was tracked down to Airtel’s Bihar-

Jharkhand range and was found to have been activated

on June 2, 2006. The purchase details were tracked to a

name called Babulal Ramfer Yadav r/o Village Kangoi,

Post Mihijam, Dist. Dumala. This was purchased from a

shop called “Mobile Care” in Dumala, Jharkhand by using

a forged voter identity card.



7

The SIM card in the unexploded bomb was found to

have been purchased from the West Bengal net-work of

Hutch/Vodafone in the name of one Babulal Manohar

Yadav r/o Rup Narayanpur, Asansol. It was purchased

from a shop “Sargam Vision Audio” Chittaranjan, West

Bengal by using a forged driving licence.

Further probe revealed that 11 such SIM cards had been

procured by using forged voter identity cards and forged

driving licences from areas around Jamtara, Mihijam and

Asansol between May 24, 2006 and November 26, 2006

and that 8 mobile phones had also been purchased

during that period.

During the course of the investigation a striking

similarity was noticed between Ajmer Sharif blast of

October 11, 2007 and the blast taken place earlier in

Mecca Masjid, Hyderabad on May 18, 2007, in which

also two bombs with similar timer devices had been

planted, one of which exploded & the other remained

unexploded. It was further disclosed that the two SIM

cards used in Mecca Masjid blasts were also from among

the 11 cards purchased in Jharkhand/Bihar and West

Bengal area.

Later, with the help of the experts the police got to know

the IMEI numbers of the four mobile phones connected



8

with the four SIM cards (i.e. of the mobile phones in

which these SIM cards had been used some time in the

past). They also got to know that those mobile phones

were being used by some persons in two villages of

Shajapur district, Madhya Pradesh.

Further investigation revealed that one Chandrashekhar

Leve, the RSS district Pracharak of Shajapur district had

gifted the mobiles to these persons. During

interrogation, Chandrashekhar confessed that three

hand-sets had been given to him by one Sandeep

Dange, who had been RSS district Pracharak of Shajapur

from 2000 to 2005 and who had been wanted by

Maharashtra ATS in 2008 Malegaon blast case. These

revelations led the police to Devendra Gupta a close

associate of Sandeep Dange. Gupta had been the RSS

district Pracharak of Jamtada during the period when 11

SIM cards and 8 mobile phones were procured. And the

places from where they had been procured viz. Jamtada,

Mihijan and Asansol came under him as RSS Pracharak.

On the basis of this information police arrested him on

April 29, 2010. He confessed to his guilt and disclosed

the names of other conspirators and the facts

concerning the conspiracy.

It was further revealed that the plan was originally

mooted by one Sunil Joshi, the head of an organization



9

“Jai Vande Mataram”, who was formerly the district RSS

Prachar Pramukh of Mahu (M.P.) and Swami

Aseemanand, a Gujarat based prominent RSS leader.

The plan was executed by Sunil Joshi with the help of

Sandeep Dange, Devendra Gupta, Ramji Kalsangra,

Pragya Singh Thakur, Lokesh Sharma of “Jai Vande

Mataram” and of Lt. Col. Purohit, Dayanand Pande and

Sameer Kulkarni of “Abhinav Bharat”, with Swami

Aseemanand playing a major role in bringing the two

originations together. True translated copy of the

charge-sheet filed in Ajmer Sharif blast case is annexed

as Annexure –P/1 (Pages 104 to 146)

The earlier investigations intentionally avoided to

pursue vital clues.

The million dollar question is why the ATS of Rajasthan

and Andhra Pradesh police did not arrest the real

conspirators when the vital pieces of information in the

form of SIM cards were available to them in 2007 itself.

The Times of India, Pune in its issue dated May 21, 2007

had reported that one of the SIM cards used in the

Mecca Masjid blast had been traced to one Babulal

Yadav of Asansol, West Bengal. In respect of the Ajmer

Sharif blast case also the Times of India, Pune had

reported on October 15, 2007 that one of the cards used

in that blast had been obtained by using the identity of a



10

well known Ayurvedic practitioner of Gauhati (Assam).

With this information at hand, it was only a matter of

time before they had got to the conspirators. But it

appears that both the Rajasthan & Andhra police

intentionally did not pursue these vital clues.

The former I.G. of Police, Maharashtra, Mr. S.M. Mushrif,

in his book, “Who Killed Karkare? – The Real Face of

Terrorism in India”, has quoted the above mentioned

news-paper reports and lambasted the investigation

agencies for intentionally ignoring such important pieces

of evidence and has suggested on page no. 130 [point

B(i)] and page no. 137 of the book what ought to have

been done, to get to the real culprits on the basis of

these clues. Though the news-paper reports appeared in

2007 and Mr. Mushrif’s book was released in 2009,

preciously little seemed to have been done by both the

state police to detect the case. On the other hand, they

had been picking up or arresting scores of Muslim boys

merely on suspicion and had been trying to extract

confessions from them. Apparently, they had been doing

it at the behest of some ideologically perverted

influential forces. Three years on, the ATS Rajasthan,

and NIA have followed the same clues and busted the

conspiracy. Copy of the relevant pages Nos.9-10, 23-30,

46-56, 59-156, 159, 163-177, 182, 191-195, 261-263,



11

266-270, 273-276, 279-281 of Mr. Mushrif’s book “Who

Killed Karkare?” is annexed as Annexure–P/2. (Pages

147 to 381)

Samjhauta Express Case :

The same is the case with the Samjhauta blast-

investigation. As early as March 2007 i.e. within a month

of the blast the Haryana police had visited Indore (M.P.)

and had almost detected the case. But they had to beat

a retreat as the M.P. police, for some mysterious

reasons, refused to cooperate with them. Again, later, in

Nov. 2008, when the narco analysis test was conducted

on Lt. Col. Purohit during the course of the investigation

of Malegaon blast case, 2008, his involvement in the

Samjhauta blast case was disclosed; but the I.B.

allegedly pressurized the ATS Maharashtra headed by

Hemant Karkare not to pursue this line saying “This

would impair the Centre’s credibility internationally, as,

when the train blast took place, the Centre had blamed

Pakistan ISI for the terror strike on the basis of the

Bureau’s (I.B’s) finding.” (page no. 122 to 126 of “Who

Killed Karkare”) In short, the IB wanted to suppress the

facts to cover up its own goof-ups.

Thus, the I.B. twice scuttled the investigation of the

case; otherwise, this case also would have been



12

detected in 2007 itself. It appears from the chargesheet

that the NIA picked up the investigation where the

Harayana police had left it in March 2007 and completed

it in 2011. Copy of the excerpts of the Samjhauta Blast

charge-sheet as published in the Indian Express, Pune

dated June 22, 2011 is annexed as Annexure –P/3

(Pages 382 to 392)

[II] Confessional statement of Swami

Aseemanand further corroborated the facts

5. The Confessional statements of Swami Aseemanand

given before the judicial magistrates in December 2010

in connection with the Mecca Masjid blast and in Jan.

2011 in connection with Ajmer Sharif blast have not only

corroborated the facts revealed by the ATS & NIA in

respect of those two cases, but also established that the

Malegaon blast of 2006 and the Samjhauta Express blast

of 2007 were also the handiwork of right wing Hindu

communal forces. Swami Aseemanand had admitted the

following facts in his confession :

i) He had been in contact with the ultra right wing

organization “Jai Vande Mataram” of Sunil Joshi

and Pragya Singh Thakur since 2003 and with

“Abhinav Bharat” of Lt. Col. Prasad Purohit,

Dayanand Pandey, Pragya Singh Thakur (she being

a common conduit) since 2006.



13

ii) He participated in many meetings in which

conspiracies of bomb-blasts had been hatched.

iii) He was also present in the important meeting held

in June 2006 in which the main targets for blast

were fixed. He himself had suggested Malegaon,

Hyderabad and Ajmer Sharif as targets with due

justification for their selection; Sunil Joshi had

suggested Samjhauta Express which was endorsed

by him.

iv) He motivated the cadres saying that “bomb should

be answered by bombs” and guided the youths at

every stage.

v) He provided them logistical & financial support.

vi) All blasts were carried out by his cadres as per the

plan finalized in the meeting; but the Muslim boys

were falsely implicated by the police.

vii) He had harboured and/or escorted the culprits

involved in the blast cases.

True translated copy of the confessional statement

of Swami Aseemanand posted on Tehlakha.com is

annexed as Annexure –P/4 (Pages 393 to 407)



14

True translated copy of the confessional statement

of Swami Aseemanand recorded by the Court

under Section 164 Cr. P.C. is annexed as

Annexure –P/5 (Pages 408 to 418)

As the facts mentioned by Swami Aseemanand,

perfectly match, on material points, with the facts

revealed by the NIA in the Mecca Masjid, Ajmer

Sharif and Samjhauta blast cases, there is

absolutely no reason to disbelieve his statement.

The firmness and resolution with which he has

given both his confessional statements leave no

room to doubt their authenticity and credibility.

That being so, there is no option but to accept his

statement in regard to Malegaon 2006 blast case

also.

[III] The Affidavit of the accused-turned-approver

in Malegaon blast case 2006

6. Much before Swami Aseemanand gave the

confessional statement, an alleged accused-

turned-approver in the Malegaon blast case of

2006, Abrar Ahmed Gulam Ahmed had filed an

affidavit in the designated court on 18th April 2009.

True translated copy of the Affidavit is annexed as

Annexure –P/6 (Pages 419 to 443). Though



15

the whole affidavit may not be insisted upon to be

taken at its face value, there are many facts in the

affidavit which can easily be verified and their

veracity tested, e.g.,

1) Whether the mobile phone bearing no.

9823436809 through which the alleged

conversation of the accused with one Hamid

Husain Javed Iqbal was recorded by the

police in Oct. 2006 really belonged to the

accused. Or, as alleged by the accused, it

was given to him by the police (This can be

verified from the administrative records of

the mobile company)

2) Whether the Suptd. of Police, Nasik district,

Rajvardhan, had been in contact with the

accused with his (Rajvardhan’s) phone

numbers 9422250775 and 9821024333

during the period of the alleged illegal

detention of the accused i.e. from 2nd week of

Sept. to 2nd week of Dec. 2006 and even

thereafter till March 2007. (This can easily be

established from the call-records of the

phones belonging to the accused and

Rajvardhan)



16

3) During his alleged illegal detention, whether

the accused was taken to various places in

Maharashtra, Madhya Pradesh and Mumbai

city and lodged in some hotels or lodges or in

private houses (This can be verified from the

call details concerning the locations of the

relaying towers of the mobile company

concerned.)

4) Whether his father-in-law Iqbal Chowdhari

and brother-in-law Farooq Wardha, after

allegedly receiving the money (Rs. Seven

lakhs & one lakh respectively) from the

police, repaid their outstanding debts as

claimed in the affidavit or kept the same in

their bank accounts or expended it otherwise.

5)

Whether on 23rd and 24th Oct. 2006, the

accused was kept in the house of Lt. Col.

Purohit at Deolali Camp, Nasik. (As the

accused had allegedly contacted his brother

from that place through his mobile phone,

this fact can be verified from the call-details

concerning the relaying towers of the mobile

company). This information assumes a

special significance as one of the officers

alleged against viz. K.P. Raghuvanshi was



17

very close to Lt. Col. Purohit as alleged on

page no. 261 to 263 of Mr. S.M. Mushrif’s

book “Who Killed Karkare?”.

[IV] Doubtful investigation of Malegaon blast case

2006

7. Mr. S.M. Mushrif, in his book, has brought out that

initially the local police had been investigating the

case on the correct lines and had found some

important clues; but the I.B. suddenly stepped in,

in the garb of the then ATS Chief K.P. Raghuvanshi

and by totally changing the complexion of the case

started picking up innocent Muslim boys on flimsy

grounds (page no. 78 to 80 of the book). However,

following the public out-cry the state Govt.

transferred the investigation to the CBI. But hours

before the case was handed over to the CBI, the

charge-sheet was submitted in the court by the

ATS. (The Indian Express, Mumbai, 21 December

2006 as referred to on page no. 80 of “Who Killed

Karkare?”). Though later the CBI reinvestigated

the case, it, for some unknown reasons, stuck to

the theory of the ATS and submitted the

chargesheet. As both the chargesheets were

apparently based on fabricated evidence they

suffered from serious infirmities viz.



18

i) One of the accused mentioned in the chargesheet

Mohammad Zahid Abdul Majid Ansari was leading a

prayer 700 km. from Malegaon at the time of the

blast. According to the charge sheet he is accused

no. 8 and he actually planted bombs at Mushavarat

Chowk. Copy of the relevant pages i.e. page nos.

1,3,5,39,131,133 & 143 of the Charge-Sheet,

bearing C.R.No.07/2006 at ATS Police Station,

Mumbai is annexed as Annexure –P/7 (Pages

444 to 456). But there is overwhelming evidence

to prove that on the date and at the time of the

blast he was leading a Friday prayer at village

Phool Sawangi in Yeotmal district of Maharashtra,

which was about 700 Km from Malegaon. Copies of

the Affidavits of three witnesses Rashid Khan

Abdulla Khan Pathan, Shaikh Mohiuddin Shaikh

Manek and Salma wife of Mohd. Zahid Ansari’s

and a written statement signed by almost the

whole Muslim population of the village is annexed

as Annexure –P/8 (Colly) (Pages 457 to 475).

ii) The alleged main conspirator, Shabbir Masiullah

had been in the custody of Mumbai police since

two months before the blast; i.e. since July, 2006.

But he was arrested in this case on the ground that



19

a sample of the soil taken from his factory-cum-

godown contained traces of RDX. (Incidentally, the

sample of the soil was taken only from one place

i.e. his factory.)

iii) Another accused Noorul Huda had been under

police surveillance since long before the blast. He

was first arrested on 8-10-2006 in a minor case

(as had been the patent practice of the police) for

allegedly possessing SIMI literature and then he

was arrested in a case of planting of a hoax bomb

(which also appeared to be a handi work of police

as a precursor to manipulation of evidence) on the

ground that he had been working in the battery

factory of Shabbir Masiullah.

iv) A body having no lower part and bearing a fake

beard was missing; (This point assumes

importance in view of the fact that one person by

name Dashrath Pawar has been reportedly missing

since the blast.)

The C.M. Maharashtra, the Chairman NCM

(National Commission for Minorities) and even the

CBI which has earlier re-investigated the case have

admitted that the 2006 Malegaon blast-case

investigation was unfair and something was



20

seriously wrong with it. Copies of the press-

cuttings of T.O.I, Pune, dated Feb. 21, 2011;

March 4, 2011; and March 7, 2011 is annexed as

Annexure –P/9 (Colly) (Pages 476 to 481)

Moreover, while investigating the Malegaon blast

case 2008, the ATS under Hemant Karkare had

come to a conclusion that “some of 54, youths who

participated in the training camp in Nagpur in 2001

were involved in two Malegaon blasts and Nanded

blasts.” (Marathi daily Sakal , Pune, 10 Nov. 2008,

as referred to on page no. 182 of “Who Killed

Karkare?” at Annexure B). However, after the

death of Hemant Karkare in the Mumbai terror-

attack of 26/11, this theory was deliberately not

pursued, fearing that the falsity of the ATS and the

IB would be exposed.

Even when Swami Aseemanand confessed to this

offence (Malegaon blast 2006) in his confessional

statements before the judicial magistrate in the

Mecca Masjid blast case on 18th Dec. 2010 and also

in the Ajmer Sharif blast case on 15th Jan. 2011

and categorically stated that the Muslim boys

arrested in Malegaon blast 2006 case were

innocent, those boys who had been languishing in

jail for years were not released on bail till 16th Nov.



21

2011. Apparently, the IB officers had been

pressuring the Govt. and also misguiding the

courts by submitting false reports in sealed covers

or by falsely briefing the judges in the chambers,

as they apprehended that if these boys were

released, it would set off a chain reaction of

demands for reinvestigation of all the blast cases

and for release of innocent boys & consequently

the IB’s whole game-plan would be exposed.

At last they were released on bail.

However, following public out-cry after Swami

Aseemanand’s confession, the investigation was handed

over to the NIA in March 2011. The nine accused

arrested in this case also made fresh applications for

their release on bail on the basis of the revelations made

by Swami Aseemanand. The NIA informed the Court that

it would not oppose the bail. In its reply to the bail

application the NIA stated that “It had reviewed the

evidence (collected by previous investigating agencies

ATS and CBI) and also collected fresh evidence” ……….

“The investigation has brought out several new facts and

circumstances in the form of statements and forensic

reports”. …….. “(After the accused made bail

applications), the investigating officer placed new

findings and circumstances in the form of evidence



23

8. Even before Swami Aseemanand confessed his

guilt in Dec. 2010, the members of the radical right

wing terror group “Abhinav Bharat” had admitted

their role in the blasts way back in Jan. 2008. The

transcriptions of deliberation of one of their

meetings held in Jan. 2008 in Faridabad and of

their telephonic conversation, both found in the

lap-top of Dayanand Pandey have been enclosed

as Vol. III B with the chargesheet of the Malegaon

blast case 2008. The relevant excerpts from the

transcripts are as given below:

Maj. (Retd.) Ramesh Upadhyay :

“………..for example what happened in Hyderabad

Mosque or at other places was not done by anybody

from ISI; it was done by our person. On the basis of my

information, I can say that it was done by this particular

person. I do not (exactly) know whether it was him or

not. Col. Will tell you whether he was the person or

not…………..It is not correct to give this example; but

after the killing of Mrs. Indira Gandhi, the people and

Hindus were so much enraged that they started

thrashing (and killing) Sikhs indiscriminately.” (Page

No. 896 in the volume)

Lt. Col. Purohit :



24

“………I have done two operations. They were successful

Swamiji (Dayanand Pandey), I have the capacity to

carry out operations. I have no dearth of equipment

[explosives]. Once I decide I can procure the

equipment…….” (Page No. 820) in its volume)

Lt. Col. Purohit :

“…….I am in contact with Israel. One of our captains has

visited Israel. Very positive response from their side.

They have said “You show us something on ground”.

…………… Secondly, they say they cannot support us in

the international forum under the present circumstances

for two years, till our movement does not gather some

momentum. Political asylum any time; equipment and

training once we show something on ground. I am trying

to achieve that…..” [Page No. 820 to 821 in the volume]

True translated copy of the relevant pages i.e. the index

of list of witnesses and page nos. 669 to 672 of Sr. No.

47 in the index, page nos. 820 and 821 of Sr. No. 70 in

the index and page nos. 896 of Sr. No. 71 in the index

of the Vol. III B which has been enclosed with Malegaon

2008 charge-sheet bearing C.R. No.18 of 2008 at ATS

Police Station, Mumbai is annexed as Annexure –P/11

(Pages 488 to 506)



25

The above mentioned conversations have a very high

evidential value, as these conversations have not been

recorded by the police either during the interrogations of

the persons concerned or while they were in police

custody. These conversations have been voluntarily

recorded by the members of ‘Abhinav Bharat’

themselves and found saved in their own lap-tops.

Therefore there can be no accusation of coercion or

manipulation with regard to them. They have to be

accepted as an important and conclusion piece of

evidence.

[VI] The fraudulence of earlier investigation :

9. The most significant fact that the fresh

investigation of Mecca Masjid, Ajmer Sharif and

Samjhauta blast cases, the confessional statement

of Swami Aseemanand, self recorded confession of

members of ‘Abhinav Bharat’ and the affidavit of

Abrar Ahmed have brought to the fore is that the

earlier investigation in all these cases were frauds

and all the pieces of evidence produced in the

courts against the innocent Muslim boys such as i)

confessional statements of the accused, ii)

statements of witnesses u/s 165 Cr.P.C., iii)

statements of the accused-turned-approver, iv)

recovery of RDX or arms or ammunition, v)



26

recovery of ‘Jihadi’ literature, vi) recovery of lap-

tops containing incriminating material, vii) call-

records of mobiles, viii) the records of journey to

foreign countries for terror-training, ix) the records

connecting the accused with known or unknown

terror outfits etc. were false and concocted. In this

connection, the below mentioned diabolical method

adopted by the Hyderabad police will definitely

make the right thinking persons shudder.

As a pretext for arresting innocent Muslim boys in the

Mecca Masjid blast case of May 2007, the Hyderabad

police registered three false and imaginary cases such

as i) C.S.S. (Central Crime Station), D.D. Hyderabad

C.R. No. 54/2007 for allegedly trying to secure a

passport by giving a false name and address and

furnishing false documents; ii) Gopalpur P.S.

(Hyderabad) C.R. No. 198/2007 for having illegally

crossed over to Bangladesh, getting training for

preparation of bombs for having kept a bag at the

decided place and for having shared sweets with

conspirators after the successful execution of Mecca

Masjid blast and iii) C.C.S., D.D. Hyderabad C.R. No.

75/2007 for allegedly obtaining a mobile phone in

another person’s name by producing fake and forged

documents and for communicating with associates of ISI



27

etc. They arrested scores of Muslim boys in these fake

offences, subjected them to inhuman methods of torture

and tried to obtain confession in the Mecca Masjid blast

case. But fortunately the police could not succeed.

Eventually all these cases ended in acquittal with the

Judicial Magistrates concerned passing serious stricture

and sarcastic remarks against the police.

In this connection, two remarks, one of a trial judge and

the other of the one man commission are worth quoting

here. These remarks have been quoted in the “Note on

visit to Hyderabad with reference to the minorities and

Mecca Masjid Blast Case” enclosed with the D.O. letter

written by the Chairperson of the National Commission

of Minorities to the Chief Minister of Andhra Pradesh

dated August 2, 2011 :

1) The VIIth Addl. Metropolitan Sessions Judge Mr. A.

Radha Krishna, while acquitting three Muslim youths

arrested in Crime No. 198/2007 of Police Station

Gopalpuram, Hyderabad (one of many cases of Jehadi

terrorism fabricated by the police mainly to frame

Muslim youths in Mecca Masjid blast) has observed

that “Except the alleged confessional statements

rendered to police officers there is no other evidence

available connecting the accused with the theory of

conspiracy to wage war against Government of India



28

established under law or making any attempt to

create any hatredness against the government

established under law. The arrest and seizure were

not supported by the panchas in whose presence

prosecution alleges that the incriminating documents

have been seized from the possession of the accused.

Thus, under the circumstances, except the evidence

of Investigating officer, there is no other material on

record and as already stated supra it is not known

what the CDs contain and also the Urdu literature. It

is to be concluded that the prosecution failed to

produce any legally acceptable evidence to suggest

that the accused conspired for waging war against the

Government of India or made any attempt to bring in

hatredness against the Government.”

2) The Andhra Pradesh state minority Commission had

appointed Advocate Ravi Chandran as a commission

to investigate into the complaints of abuse, illegal

detention & torture of Muslim youth by the police. He

submitted his interim report in September, 2007,

wherein he mentioned all the atrocities in detail. He

summed up his report saying “If you have tears, this

is the only occasion when you can shed them.” This

sentence speaks volumes about the state of affairs.

Copy of the D.O. letter of the chairperson of the

National Commission of the Minorities to the C.M. of



29

AP and the note is annexed as Annexure –P/12

(Pages 507 to 524)

Moreover, while acquitting the Muslim boys arrested

in another offence i.e. the CCS, DD Hyderabad C.R.

No. 75/2007 the judge of the VII Addl. Metropolitan

Magistrate Court, Hyderabad has observed in the

judgement, “In fact, no piece of paper is produced or

for that matter no piece of evidence is let in to show

that accused no. 1 impersonated Vinay Venkatesh

and obtained the cell connection in the name of Vinay

Venkatesh and used the same for terrorist activities”.

Copy the judgment dated 21.7.2008 passed by Court

of the VII Addl. Metropolitan Sessions Judge,

Hyderabad in Session Case No.42/2008 is annexed as


Wrong investigations – IB’s conspiracy

What is more significant is the fact that all the above

mentioned cases were previously investigated by the

police of four different states viz. Mecca Masjid case by

Andhra Pradesh Police, Ajmer Sharif case by Rajasthan

Police, Malegaon 2006 case by Maharashtra Police (and

later by CBI) and Samjhauta Express case by Haryana

police. But all of them were deliberately given the wrong

in-puts by the IB as regards the involvement of Muslim



30

organization and Muslim boys. After the fresh

revelations, the police forces in the above four states

and their special investigation teams, who were the de

jure investigation agencies, got confused and

bewildered, as they did not realise that they were mere

puppets in the hands of the right wing radical elements

in the IB who deliberately fabricated false stories,

manipulated the evidence and handed out the

investigation packages in the garb of intelligence inputs

to the local police for execution. They could never

imagine that those (i.e. IB officers) whom they

considered experts in terrorism were part of the anti-

national terror conspiracy of ideologically perverted

groups.

Thus, in the whole episode the most disturbing fact is

that the country’s premier intelligence agency has been

responsible for deliberately misguiding the state police

and for getting the innocent Muslim boys arrested and

for willfully protecting the anti-national right wing forces

like “Abhinav Bharat”, “Jai Vande Mataram” and other

sleeper cells of and Sangh Pariwar engaged in the nation

wide terror plot aimed at knocking down the consitution,

over throwing the present Govt. and establishing the

‘Aryavart Hindu Rashtra.’ (page Nos. 815 to 827 of

Sr.No. 70 given in the index of volume III B at Annexure



31

J). The sympathizers of the anti national forces

ensconced in the IB have the apprehension that if the

real picture emerges, their secret understanding with

the right wing anti-national forces will be exposed, and

their credibility will hit rock-bottom, apart from suffering

the criminal action. It is because of this apprehension

that they have been pressurising the investigating

agencies & misguiding the courts not to release the

wrongly arrested innocent Muslim boys on bail and have

been putting spokes in the speedy reinvestigation of the

cases.

[VII] The Short-comings in theNIA’sinvestigation of Mecca Masjid, Ajmer Sharifand Samjhauta blast cases :

10. Though the NIA has investigated the Mecca Masjid,

Ajmer Sharif and Samjhauta Express blast cases

fairly impartially, curiously enough, it has avoided

to trace the origin of the explosives used in the

blasts. From the facts revealed in the early stage

of investigation of Malegaon blast case 2008, from

the confessional statements of Sudhakar

Chaturvedi and Dayanand Pande (Outlook , 19 July,

2010) the accused in Malegaon case, from the

statement of the President of Abhinav Bharat, Smt.

Himani Savarkar in the Malegaon blast case

(though her name is blacked out, it is apparent



32

from the contents and other references) (page no.

669 to 672 of Vol. III B given at Annexure J) and

from Lt. Col. Purohit own admission in the meeting

(page no. 820 of the volume), it was apparent that

Lt. Col. Prasad Purohit was the main supplier of

explosives. Under these circumstances it is not

understood what prevented NIA from naming him

as the source of explosives used in the blasts and

showing him, Pragya Singh, Indresh Kumar and

some others as accused in the chargesheets. The

earlier they do further investigation and file

supplementary chargesheets the better it is. True

translated copy of Excerpts of Confessional

Statement of Sudhakar Chaturvedi and Dayanand

Pandey as reported in Outlook Magazine dated

19.7.2010 is annexed as Annexure –P/14 (Pages

545 to 545)

[VIII] I.B.’s dubious role in other blast cases also:

11. However, the ends of justice would not be met

merely by taking only the above mentioned four

cases to their logical ends and probing the role of

the IB only in those investigations. All the blast

cases, taken place during the last 8-9 years, need

to be reinvestigated as, in all these cases the I.B.

is suspected to have played a diabolical role by



33

poking a spoke in the correct investigation, by

intentionally giving wrong inputs to the state police

along with packages of manipulated evidence and

by getting innocent people arrested in order to

shield the real right wing terrorists. This aspect has

been dealt at length in chapter no. III of Mr. S.M.

Mushrif’s book “Who Killed Karkare” (page no. 59

to 156 at Annexure B)

How the I.B. suddenly stepped in the investigation

and made the local police change their correct line

of investigation will be evident from the following

examples :

I.B. intentionally misguiding the investigation

agencies by giving wrong in-puts :

1) Mumbai train blast : 2006 :

i) On the very first day, I.B. confirmed that the

cadres of SIMI were responsible for the blasts.

( Afternoon, Mumbai, 12 July 2006 as mentioned on

page no. 63 of “Who Killed Karkare?”)

ii) I.B. took over the charge of investigation. I.B.

maintained utmost secrecy. Except ATS Chief K.P.

Raghuvanshi, nobody knew about the

investigation. (Marathi daily Sakal , Pune 22 July



34

2006 as mentioned on page no. 63 of “Who Killed

Karkare?”

2) Ahmedabad & Surat Case 2008 :

i) Intelligence officials are veering round the view

that local SIMI activists have engineered the serial

blasts and that “Indian Mujahideen” was a front for

outfits like LeT, JeM or HUJI and that operation

was funded from outside India. (The Telegraph,

Mumbai, 28 July 2008 as mentioned on page no.

84 of “Who Killed Karkare?”)

ii) All anti-terrorist operations conducted in Gujrat in

the aftermath of communal violence were wholly

based on the tips from central intelligence

agencies. (T.O.I. Mumbai, 27th July 2008 as

mentioned on page no. 84 of “Who Killed

Karkare?”)

3) Delhi blast case 2008 :

i) “During the investigation, the Central Intelligence

Agencies shared three mobile numbers,

9712398204, 9714552899 and 9724764196 used

by the terrorists in Ahmedabad Gujarat.” (The

chargesheet filed by the Special Cell of Delhi police

on 27-02-2009)



36

ii) Investigators continued to wait for lead either from

the central intelligence agency or the state STF

(The T.O.I., Pune 26 Nov. 2007 as mentioned on

page no. 142 of “Who Killed Karkare?”)

iii) On a tip-off from the central intelligence, the STF

of U.P. police on Saturday morning i.e. on 22

December 2007 arrested two suspected terrorists

near Barabanki railway station for their

involvement in the blast. (The T.O.I. Pune, 23

December 2007 as mentioned on page no. 142 of

“Who Killed Karkare?”)

5) Jaipur blasts 2008 :

i) Union Home Ministry sources (i.e. intelligence

agencies) said Bangladesh based HUJI was

suspected to be behind blasts. (Page no. 148 of

“Who Killed Karkare?”)

ii) Intelligence sources say the RDX may have been

smuggled from Bangladesh…. (The Times of India,

Pune, 15 May 2008 as referred on page no. 148 of

“Who Killed Karkare?”

iii) The officials connected with the investigation made

it clear that the investigation would proceed only

when they got inputs from central agencies as the

network of terrorists was national and



37

international. (The Milli Gazette, 1-15 June 2008 as

mentioned on page no. 152 of “Who Killed

Karkare?”)

[IX] Intentionally suppressed Highly sensitive matters,

which if probed deep, would expose and root out the

nation-wide terror network:

12.

It has been noticed that some sensitive matters of

vital importance, which if probed deep could have

changed the very complexion & perception of

terrorism in India have deliberately been not

inquired into thoroughly and taken to their logical

ends e.g.

1) The two lap-tops – a pandora’s box

During the course of the investigation of the Malegaon

bomb blast case 2008, the then ATS Chief of

Maharashtra, Hemant Karkare, had recovered two lap

tops, one each from Lt. Col. Purohit and Mahant

Dayanand Pandey alias Sudhakar Dwivedi. Going by the

news-paper reports, and the contents of the book “Who

Killed Karkare?” they seemed to contain a lot of

information about the nation-wide terror-plot of the

radical right wing group ‘Abhinav Bharat’, such as the

names of political and religious leaders sympathizing

with the theory of “Hindu Rashtra”, the names of the

industrialists, builders, diamond merchants etc. who



38

financed this cause, the proceeding of the meetings of

“Abhinav Bharat” taken place at various places in the

country in which conspiracies were hatched and future

plans discussed and also the names and details of 54

young terrorists specially trained at Pune, Nagpur and

elsewhere. In short, the two lap-tops were the pandora’s

box and contained the road map to the so called “Hindu

Rashtra”. So long as Hemant Karkare was alive and

investigating the case, the information contained in the

laptops used to trickle down, almost on daily basis. But

since his death and after the taking over of the case by

K.P. Raghuvanshi, there appears to have been a total

black-out. Except for the transcription of a couple of

meetings connected with the Malegaon blast 2008,

which Hemant Karkare had got prepared in his life time,

for enclosing the same with the chargesheet, nothing

has been heard. (Page no. 177, 266 to 268 of “Who

Killed Karkare?”)

The charge-sheet of the Malegaon blast case filed in

January 2009, says “………..However, report about

analysis of the contents of lap-tops, mobile phones, pen

drives taken charge of during the course of investigation

is received from FSL, Mumbai, on 17.01.2009.

Transcripts of some audio tapes retrieved by FSL from

the hard disc of lap-top of accused Sudhakar Dhar



39

Dwivedi (i.e. Dayanand Pandey) (A-10), are prepared

and submitted alongwith the charge-sheet. The material

retrieved by FSL, from the hard disc of lap-top of

accused Sudhakar Dhar Dwivedi and mobile phones, pen

drives, other lap-tops is voluminous. Therefore, it is

necessary to study the material received from the FSL

and investigate further in the case. Preparation of the

transcripts of the audio and video is in progress.

Therefore, separate application requesting to grant

permission to investigate further under section 173 Cr.

P.C. is submitted herewith”.

2) Raghuvanshi – Purohit connections :

Against this background, it is surprising that within

hours of the killing of Hemant Karkare and even before

his mortal remains were consigned to flames, K.P.

Raghuvanshi was again “temporarily” appointed (and

later confirmed) as the head of ATS, Maharashtra, which

was then investigating, among other cases, the

Malegaon blast case of 2008, of which Lt. Col. Purohit

was the mastermind. This amounted to a protégé

investigating the case in which his mentor was the main

culprit. (Page no. 261 to 263, 279 to 281 of “Who Killed

Karkare?”). Therefore, all the matters connected with

right wing Hindu terrorism investigated by ATS



40

Maharashtra during the tenure of K.P. Raghuvanshi as

its chief need to be reinvestigated.

The relations between the then Maharashtra ATS Chief

K.P. Raghuvanshi and the main supplier of RDX and the

brain behind the nation-wide terror conspiracy, Lt. Col.

Prasad Purohit, had been very cordial. In 2005

Raghuvanshi had invited Lt. Col. Purohit and another Lt.

Col. Shailesh Raikar for imparting training to ATS

officers on “terrorism”. Both of them were then posted

with the military intelligence. After the seminar, K.P.

Raghuvanshi wrote to them, “I am really thankful for the

interaction you organized for our officers. My officers

have been immensely benefited by this interaction and

hope that in future also we continue to benefit from the

experience, knowledge and expertise of army officers

like you”. Copies the relevant pages i.e. page Nos. 69

and 70 of volume I-A of the charge-sheet and copies of

letter dated 19.8.2005 from ATS Maharashtra to Ld. Col.

(then Major) Purohit and letter dated 9.9.2005 from Mr.

K.P.Raghuvanshi, Spl. IGP/Jt. C.P.(ATS), Mumbai to Lt.

Col. Raikar and Lt. Col. (then Major) Prohihit are

annexed as Annexure–P/15 (Colly) (Pages 549-554).

More than two years have elapsed, but barring a small

portion of the additional transcript which has later been

filed alongwith the supplementary chargesheet nothing



41

has been heard of the rest of the voluminous material

retrieved from the lap-tops of Sudhakar Dwivedi alias

Dayanand Pandey and Lt. Col. Purohit. It is also

significant to note that the name of Lt. Col. Purohit, has

been avoided to be mentioned specifically as one of the

persons from whom the laptops had been seized. This is

a serious matter. This amounts to suppressing an anti-

national terror conspiracy. All the contents of the lap-

tops mobile phones and pen drives need to be made

public, inquired into thoroughly and acted upon

expeditiously.

3) Explosives & arms haul case of Aurangabad :

A huge cache of arms and explosives was seized by the

ATS Maharashtra near Aurangabad in May 2006. It

comprised 43 Kg. Of RDX, 16 AK 47 rifles, 3200 round of

ammunition and 50 hand grenades. The then ATS Chief

K.P. Raghuvanshi, invited his friend and mentor Lt. Col.

Purohit to assist in the investigation of this case. Purohit

and his team had been assisting the ATS at least for four

days.

As has been disclosed in the investigations of Malegaon

blast case, 2008 and of some other blast cases, Lt. Col.

Purohit was the main and perhaps the only supplier of

RDX used in the blasts taken place during the past few



42

years and going by the contents of the transcription of

one of the meetings of “Abhinav Bharat” enclosed with

the chargesheet of Malegaon blast case 2008, he was

also in the process of procuring AK 47 from some

foreign powers (page no. 820 & 821 of Vol. III B in

Annexure J). Thus, he was one of the most likely

suspects who could have access to such a huge quantity

of RDX & AK 47. Under these circumstances, he guiding

the ATS in the investigation of this case amounted to the

main suspect in a case overseeing its investigation

(page no. 262 of “Who Killed Karkare?”). Therefore, the

Aurangabad explosives & arms haul case need to be

investigated afresh. And surprisingly, the Pune’s German

Bakery blast case of 2010 was investigated on the basis

of the findings of this doubtful investigation.

4) Ken Haywood’s mysterious departure :

An e-mail was received by “India TV” office only five

minutes before the Ahmedabad blasts of 2008,

purportedly sent by “Indian Mujaheedin” claiming

responsibility for the blast. The e-mail was sent from the

account of “alarbi Gujarat” and was traced to the

computer of an U.S. national Ken Haywood who had

hired a flat in Navi Mumbai. He was working as a

manager in a Bangalore based company Compbell White

and was imparting I.T. training. Ken Haywood claimed



43

that somebody had hacked into his computer and sent

the e-mail. But this argument of his does not fit in the

logic as he was not a layman, but was an expert in

computer working as a lecturer in I.T. and hence knew

how to secure his Wi-fi system. Moreover, his

subsequent conduct was highly suspicious as he

suddenly left the country even as the investigation was

on and even when he was asked by the police not to

leave the country till the inquiry was completed. What

was more surprising was the fact that he could leave the

country in the face of the look-out notice issued against

him to all the international airports and the Foreign

Regional Registration Office (FRRO). It is very difficult,

almost impossible, for any person to leave the country

when a look-out notice is issued against him/her unless

he/she is helped by the I.B. which is the immigration

authority. But surprisingly, no thorough inquiry was

made into the matter. On the other hand, the police

officers and the Govt. were scrambling with each other

to give him a clean chit. The whole matter smacks of

some deep-rooted conspiracy (Page no. 84, 94, 95 and

99 of “Who Killed Karkare?”). Therefore, it needs to be

probed thoroughly. It may not only change the

complexion of the Ahmedabad blast case completely but

may also lead to some bizarre revelations.



44

5) Manipulation of e-mails :

From the developments following the Haywood episode,

it appeared that the security agencies and the police for

some mysterious reason had been extremely anxious to

give Haywood a clean chit by making somebody a

scapegoat. They followed a trial and error method and

ultimately zeroed in on three highly qualified computer

experts from Pune, viz. Mansoor Peerbhoy, Mubin

Shaikh and Asif Bashir Shaikh. (Who Killed Karkare page

100 to 102) The police apparently manipulated the data

in the computer of one of them and showed that the e-

mail in question was sent by them by hacking into the

Wi-fi system of Ken Haywood.

But the police did not stop here. Similar e-mails,

purported to have been sent by Indian Mujaheedin had

been received by some media offices in earlier blast

cases of Mumbai suburban trains, Ajmer Sharif, Mecca

Masjid, Jaipur, U.P. courts and Delhi. The police either

did not trace their origin or having traced suppressed

the information for some mysterious reasons. e.g. one

Madhukar Mishra of Ghaziabad(U.P) was earlier arrested

in connection with the e-mail sent in Jaipur blast case

and one Deepak Pandey was arrested by Mumbai police

in connection with the e-mail concerning the Delhi blast

case. Both the e-mails had been sent in the name of



45

“Indian Mujahideen”. But what transpired in their inquiry

is not known. However, after zeroing on the above so

called IM group the police and the IB billed all these e-

mails in their names, apparently by manipulating data in

their computers. But the police have not done even this

job well. In some cases, they have committed goof-ups

while manipulating ante-dated e-mails in the suspects’

lap-tops e.g. the forensic reports in respect of the e-

mails sent to media houses minutes before the

September 13, 2008 blasts at Delhi indicate the date of

the e-mail as September 15, i.e. two days after the

incident. Copies of the report of the Forensic expert in

respect of Mobin’s lap-top and the PTI’s Report dated 17

August 2011 of the court proceeding in that regard is

annexed as Annexure –P/16 (colly) (Pages 555-563)

Mere computer data cannot be accepted without

expert-opinion

It is a well known fact that ante-dated e-mails could be

manipulated in any computer. But it cannot be so

manipulated in the routers of the sender and receiver

and in the logs recorded in the servers of the service

provider companies concerned. Therefore, to verify

whether a particular e-mail has been sent by the

accused from his computer at the time and on the date

claimed by the police, the same needs to be tallied with



46

the time & date recorded in the router and the server of

the service provider companies. Hence all these cases

need to be referred to experts for opinion before

accepting the evidence of computer data at its face

value.

Keeping the boys in jail for years on end without

verifying that the e-mails found in their lap-tops are real

or manipulated is totally illegal and unconstitutional.

6) Mystery of the SIM card found at Batla House

having been traced to Aurangabad district of

Maharashtra :

A SIM card was found with an associate of the alleged

terrorists killed in Batla House encounter in Delhi on 19th

Sept. 2008. It was disclosed in the inquiry that the SIM

card had been procured from a mobile shop “Gauri

Enterprises” at Chitte Pimpalgaon near Aurangabad by

using forged documents. It was also disclosed that 15

more such SIM cards had been obtained in the name of

one “Nawaz Aziz Shaikh” of Chitte Pimpalgaon and all

these cards had been in use since April 2007.

What was more surprising was the fact that when the

encounter was in progress one of the terrorists had

contacted a phone number in Aurangabad by using this



47

SIM card. This was revealed from the call-details of the

mobile phone.

Further inquiry by the ATS revealed that no person by

name “Nawaz Aziz Shaikh” resided in Chitte Pimpalgaon

and that the owner of the mobile phone shop “Gauri

Enterprises”, Mangesh Doiphode, had himself acquired

the SIM cards, in the fictitious name “Nawaz Aziz

Shaikh” by using forged documents and had given them

to terrorists (Page no. 109 & 119 of “Who Killed

Karkare?”). The police have registered an offence at

Chikal Thana police station in Aurangabad district vide

C.R. No. 136/2009 u/s 420, 465, 467, 468, 471, 474

and 34 of I.P.C. against Mangesh Doiphode and filed the

chargesheet. Copy of the chargesheet bearing

No.0121/2010 at Chikalthana Police Station, District

Aurangabad, Maharashtra is annexed as Annexure-

P/17 (Pages 564 to 566) But it appears that the case

was registered only for the offence of forgery and

cheating and the charge-sheet has been filed only by

doing a superficial investigation. No investigation,

whatsoever, has been done into the most important

aspect i.e. the terror aspect of the case. The call-details

of the mobile number 9890848720 through which the

call had allegedly been made from the Batla House to

Aurangabad and the details of other 15 equally



49

i) Two mobile phones of Mumbai, which had been

frequently called by two Bajrang Dal activists,

Rajeev Mishra and Bhupinder Singh, who were

killed in August 2008 while making bombs in

Kanpur (U.P.). (The T.O.I., Mumbai, 29 October,

2008 and page no. 53 of “Who Killed Karkare?”)

ii) Two mobile phones fallen down from the two

terrorists at CST, Mumbai during the 26/11 attack.

(page no. 194 & 195 of “Who Killed Karkare?”)

iii) 3 mobile phones found in a rexin bag on the

terrace of Cama Hospital, during the 26/11 attack.

Copy of the judgment in S.C. No.175/09 of the trial

Court is annexed as Annexure –P/18 (Pages 567

to 570)

iv) SIM cards used in the Mecca Masjid blast case as a

timer device.

v) SIM cards used in the Ajmer sharif blast as a timer

device.

Though the last mentioned two SIM cards have been

recently inquired into by the NIA fairly well, no attempt

seems to have been made to obtain their entire call-

records and to inter connect them.



50

It is, therefore, necessary to get to the root of the

matter, get to know the names of the persons, either

true or fake, who procured the mobile phones and/or

SIM cards, obtain their call-records, analyse them

thoroughly and try to establish their inter-connection.

That would lead to the real culprits as in the case of

Mecca Masjid & Ajmer Sharif blasts and would also

expose some terror net-work.

8) Mysterious shutting off of CCTV Cameras:

In some blast cases or terror related cases, the CCTV

cameras installed at vantage points, were either found

to be not working at the time of the incident or were

tampered with later. This has happened especially when

right wing Hindu terrorists were involved or suspected to

have been involved. e.g.

i) In case of Ajmer Sharif blast of 2007, 14 out of 16

cameras installed in the Durgah premises were found to

be not working at the time of the incident though they

had been got repaired only four days ago. It was found

that the cameras were tampered with and the control

room having the computer & the TV was ransacked.

True translated copies of the press-cuttings of Hindi

dailies “Dainik Bhaskar” dated 13-10-2007 and

“Rajasthan Patrika” dated 15-10-2007 is annexed as

Annexure –P/19 (Colly) (Pages 571 to 573 )



51

ii) In case of Ahmedabad blast of 2008, the stolen

cars used for causing blasts were found to have passed

through Talasari toll-naka of Thane district. This toll

naka had an elaborate network of CCTV cameras

capable of capturing the images of drivers also. But

during the course of investigation, when the hard disc of

the close circuit system was seized, it was found to have

been ‘corrupted’ and did not contain any footage. (“Who

Killed Karkare?” page no. 87 & 88)

iii) During the Mumbai terror attack of 26/11, all

the 16 CCTV cameras installed at the main-line section

of the CST railway station, where the major shoot-out

took place, were found to be not working at the time of

the shoot-out. (“Who Killed Karkare?” page no. 191 to

193)

But surprisingly, in none of these cases, a thorough

inquiry has been made.

9) Important clues in some other cases left

unpursued :

In some cases, vital clues found at the scene of blasts or

important leads disclosed during investigation were not

followed meticulously, apparently, to shield the real

culprits. e.g.



52

1) Mumbai train blast case, 2006 :

The most important information furnished by a woman

lecturer of Ahmednagar to the then Union Home

Minister, Mr. Shivraj Patil, in respect of a person, who,

she knew, was involved in the Mumbai train blast case,

was not thoroughly worked out. (The T.O.I., Pune, 18

August 2006 as mentioned on page no. 73 of “Who

Killed Karkare?”)

2) Ahmedabad and Surat blast case 2008

No thorough inquiry was made in respect of the facts

disclosed in the investigation such as i) the connection

between the detonators used in Ahmedabad blasts and

A.P. explosives company, ii) the connection between the

detonators of bombs found in Surat and the Rajasthan

based RECL, iii) the fact of the gas cylinders used in the

blasts having been traced to the gas distributor of

Kalpur area of Ahmedabad iv) the fact of the Hero

Honda motorcycle suspected to be involved in the blasts

having been found in a garage of Mahad (Dist.

Ratnagiri) and the disappearance of the person bringing

the motor-cycle. (The Indian Express, Mumbai 31 July &

4 August 2008; The T.O.I., Pune, 2 August 2008;

Marathi daily “Loksatta” (online) 10 October 2008, as



53

mentioned on page no. 88 to 90, 97 and 102 of “Who

Killed Karkare?”)

3) Jaipur blast 2008

No thorough inquiry was made in respect of two

suspected persons viz. Vijay and Meena. Vijay was a

rickshaw puller who publicly admitted that he had kept a

bicycle at one of the blast sites at the instance of one

Meena who had offered him Rs. One lakh for this work.

(The Milli Gazette, 1-15 June 2008, as mentioned on

page nos. 151 & 152 of “Who Killed Karkare?”)

[X] Set-pattern of investigation

The reason why such vital issues were not thoroughly

investigated and why such serious omissions and loop-

holes are allowed to be kept is that for all practical

purposes the blast cases and other terror related cases

were controlled by the I.B. From day one the I.B. guided

the course of investigation and prescribed a strait-jacket

system of investigation for the investigation agencies

which the latter were to follow strictly & not to

transgress the same in any way. The set-pattern

followed in the blast cases is as given below:

1) From day one, indictment of Muslim outfits

and/or persons :



54

It has been the experience in almost every bomb-blast

taken place in the country during the past few years,

that even before the sound of the blast dies down or

even before the blood of the victims is congealed, there

starts a scramble among the intelligence and

investigation agencies and even among political leaders

of all shades to blame it on some Muslim outfit like the

SIMI, HuJI, LeT or recently devised IM or even some

unknown outfits. And what is more surprising is the fact

that the otherwise inquisitive media, not only gives it a

very wide publicity without bothering to verify its

authenticity but also further spice it up. This fact can be

borne out if we open any leading news-paper in India of

the couple of days following any blast.

2) I.B. intentionally misguiding the investigation

agencies :

It has been observed that, more often than not, the I.B.

doesn’t allow any bomb blast investigation to run its

logical course. Even if the local police have been doing

the investigation on correct lines, it abruptly steps in,

presents its own theory and misguides the investigation

agency. How it misguided the Rajasthan police by giving

wrong intelligence in Ajmer Sharif blast case, how it

stopped the Haryana police from pursuing the positive

clues when they were on the verge of detecting the



56

The modus operandi adopted by the police in almost all

the blast cases is to first mark the persons especially

educated Muslim youths to be implicated in the case and

then either detain them illegally for several days, as

they did in UP courts serial blast case, as discussed in

part XI of the petition or in Mecca Masjid blast Case as

discussed in part VI or to arrest them in fake and

frivolous cases specially registered for that purpose as

they did in Malegaon blast case 2006, Mecca Masjid

blast case 2007 German Bakery blast case 2010 etc. as

discussed in part IV, VI and XII of the petition and then

extract confession from them & manipulate other

evidence.

Even today this practice is continuing

Inspite of Courts strictures in many cases, on this count,

the practice of arresting Muslim boys in minor cases and

extracting confession from then appears to be still

continuing unabatedly, as, as recently as in the last

week of Nov, 2011 the Delhi Police’s Special Cell (one of

the favourites of the IB) has arrested two Muslim boys

from Bihar’s Madhubeni district in a “fake passport”

case. They are suspected to be linked to LeT and are

likely to be involved in the case of the terrorist attack in

Delhi’s Jama Masjid area taken place in September,

2010, (T.O.I., Pune, 28, November 2011). Eventually,



57

these two boys will “confess” to the offence and the

police will declare that the terror case is solved.

b) ‘Travelling to Pakistan for terror-training’–the

I.O’s flight of imagination:

The imagination of the I.B. & the police knows no

bounds when it comes to manipulating evidence of the

suspect having visited Pakistan for undergoing terror

training i) if the suspect possesses Indian Passport,

then “he visits Paksitan on the strength of the valid

passport, undergoes training there, destroys the

passport & returns to India on fake Pakistani passport or

through Wagha border.” or “he visits Dubai; goes to

Nepal; destroys the passport and clandestinely crosses

over to India.” (as in Malegaon blast case 2006, Mumbai

suburban train blast case 2006 and Delhi blast case

2008).

ii) If there is a record of his having visited Jeddah

for ‘Haj’ or Tehran for ‘Jiyarat’, then “He goes to

Jeddah or to Tehran on valid passport & visa;

clandestinely infiltrates into Pakistan; undergoes terror

training; destroys Indian Passport; returns to India on

fake Pakistani passport in assumed name. (as in Mumbai

suburban train blast 2006)



58

iii) Even if he does not possess an Indian Passport,

then, “He crosses over to Bangladesh clandestinely,

from there goes to Pakistan; undergoes training; returns

to India on fake Pakistani passport via Nepal”; or “He

goes to Nepal, travels to Pakistan on fake Nepalese

passport in assumed name; undergoes terror training

and returns to India through Wagha border” (as in

Mumbai suburban blast case 2006 & Delhi blast case

2008)

In short, the police and the I.B. can make just any

body travel to Pakistan and undergo “terror-training”.

c) “Encounter” – the patent weapon to join the

missing links:

Inspite of all the manipulations if there are still some

missing links in the investigation, then the police forces

across the country aided, & abetted by the central

intelligence agencies, very routinely resort to killing

innocent persons (who are later declared as ‘terrorists’)

to fill in the gaps in the investigation of blast cases.

Before the “encounter” the police apparently ask the

“terrorist” to write in his diary whatever the

investigators require for the purpose of completing the

investigation, such as names, address, phone numbers

etc. of his “associates” and “handlers” (the names are,

of course, dictated by the police), the places he visited



59

for undergoing “terror-training”, the “future plans” of his

groups etc. or he can be forced to talk on a mobile

phone to his “associates” or “handlers” as dictated by

the police and so on, so that, after the “encounter”,

apart from the usual articles like explosives, weapon,

Jehadi literature, etc. the special articles, having

unassailable evidential value such as “diary written in his

own handwriting”, the mobile phone on which he talked

to other “terrorists” etc. are recovered from the dead

body.

The police very liberally resort to this practice of

“encounter” in blast cases. In the recent past the police,

apparently at the behest of IB, used this patent weapon

of investigation in Mumbai train blast case of 2006,

Sankat Mochan blast case of 2006, U.P. serial blast case

of 2007, Jaipur blast case of 2008, Ahmedabad-Surat

case of 2008, Delhi blast case of 2008, and Bangalore

serial blast case of 2009 (in which four were killed in one

go) to name only a few.

pg. no. 61 & 62 of “Who Killed Karkare?” enclosed as

Annexure -P/2.

Copy of the “The Sunday Express, Pune”, dated Feb. 8,

2009 enclosed as Annexure –P/20 (Pages 574 to

576)



60

[XI] Incredibly clumsy manipulation of evidence:

The Petitioners submits that the circumstances stated

below shows as to who the evidence is manipulated:

1) Mumbai train blast case 2006 :

The Sunday Times of India, Pune, June 27, 2010 in a

special report “Can our Babus be Bonds?” has quoted a

former intelligence chief as saying “Attacks on Mumbai

trains and Malegaon mosque in 2006 are examples of

the way agencies and police “cook up” stories to show

results to their political masters”. The charge-sheet

submitted by ATS Maharashtra headed by K.P.

Raghuvanshi fully endorsed the claim of the Ex. IB chief,

as detailed below.

1) One of the accused led the investigators to a spot

near railway tracks in Dahisar (northern most suburb

of Mumbai), three months after the blast from where

a bag containing some incriminating articles was

recovered.

2) One of the important witnesses is a person, who

allegedly had a quarrel with a co-passenger in a

crowded Mumbai suburban train and that too, during

peak hours. He supposedly recognized one of the

accused as that person after a lapse of four months.

3) Another important witness is a taxi driver. He

identified the two accused who allegedly transported



61

explosives from Govandi to Churchgate in his taxi. He

remembered them as, when once he applied the

urgent brakes, they got very annoyed as they feared

that the bag they had kept on the front seat would

fall down. He voluntarily approached the police and

identified the accused after four months.

4)

One of the important pieces of evidence in the

chargesheet is the DNA test report in respect of one

of the so called Pakistani nationals involved in the

plot. The police theory is that his body was badly

mutilated, but his face was got reconstructed which

was recognized by one of the arrested persons. The

police also conducted the DNA test on the body and

came to the conclusion that he was a Pakistani

national. Many questions arise in this regard : From

among scores of mutilated bodies, why did the police

pick up this particular body for reconstructing the

face? Is it possible for any person to say that a

reconstructed face of a mutilated body belonged to a

particular person without comparing it with a front-

side photograph of that person, if available? What did

they prove from the DNA test? The nationality?

5) And curiously enough, two different investigation

teams of the same state police had conflicting claims

in regard to the terror outfits responsible for the

blasts. As per the ATS Maharashtra, it was the



62

handiwork of a sleeper cell of LeT, supported by the

ISI. The Crime Branch Mumbai on the other hand,

later claimed that the blasts were carried out by a

module of Indian Mujaheedin, arrested by them in

connection with the e-mails sent in Delhi &

Ahmedabad blast cases. The versions of the two

investigation teams as to the planning and the

execution of blasts were totally different (page no. 69

to 70 of Who Killed Karkare). However, when the

clash between the two agencies reached a flash point

a compromise was apparently brought about. As the

ATS had already filed charge-sheet against 13

accused, in order to save the embarrassment the

Crime Branch Mumbai, it was compelled to file

charge-sheet against the IM operatives arrested by

them only for the offence of sending the e-mail on the

eve of the blast. (Two offences had been registered

by the Crime Branch, Mumbai in respect of two e-

mails vide DCB, CID C.R. No. 152/2008 and

162/2008, but a joint chargesheet was sent).

However, to satisfy its ego, the Crime Branch Mumbai

wound up the charge-sheet by saying “……… in

pursuance of said conspiracy and in the course of

same transaction, they aided and abetted each other

by continuing unlawful activities such as stealing

motor cars for causing bomb-blasts, procuring and



63

manufacturing IEDs resulting in death and serious

injuries to the public of different cities in India since

2005; spreading fear and panic in the minds of the

public and also attempting to undermine the legal

authority of the state by sending e-mails by hacking

into unsecured Wi-fi connections ………” even though

there was no specific reference in the charge-sheet to

any of the blasts and e-mails prior to the Ahmedabad

blast of July 2008. Copies of the relevant pages i.e.

page Nos.7, 67 & 68 of the charge-sheet bearing

No.1 dated 17/02/2006 of P.S. D.C.B., C.I.D., is

annexed as Annexure -21 (Pages 577 to 582) We

are expected to swallow the story that one terrorist

group caused the blast & the other totally different &

unconnected module sent the e-mail.

It is, therefore, not surprising that the prosecution is

being frequently faced with embarrassing situations

like the key witnesses either failing to identify

important accused or identifying photographs of

wrong persons; a policeman getting caught while

prompting witnesses to identify accused during the

deposition in the court; or the actual locations of the

mobile phones of the accused not tallying with the

police versions of their locations and so on. True

translated copies of the Mumbai Mirror (T.O.I .) July 7,



64

2010; ‘Pudhari’ Pune, Jan. 1, 2011; “Kaumi Farman”

Feb. 2011 are annexed as Annexure –P/22 (Colly)

(Pages 583 to 588)

New twist to the case after the release on bail of

Malegoan 2006 accused.

This case has got a new twist after the recent order of

the Spl. MCOCA Court, Mumbai releasing the nine

accused persons arrested in Malegaon blast case of

2006. The order was passed by the Court on 5th Nov.

2011, after the NIA, which was investigating the case,

decided not to oppose the bail. However, on 16th Nov.

2011 only seven of them were actually released on bail.

The remaining two viz. Mohammad Ali Shaikh and Asif

Bashir Khan were not released on the ground that they

had been involved in this case. This fact gives rise to

serious doubt about the credibility of the investigation of

this case also. Apart from the above mentioned two

accused being common in the two cases there are some

other factors common between the two viz. i) in both

the cases Pakistani nationals were shown to be involved;

ii) in both the cases, the accused had allegedly traveled

to Pakistan for undergoing terror training; iii) both the

cases had been initially investigated by the ATS, which

has the tendency to shuffle the same set of accused in

many cases and adopt the same modus operandi of



65

investigation. In not opposing the bail of the Malegaon

2006 accused, the NIA has indirectly admitted that the

earlier investigation of the ATS was wrong & the persons

arrested were innocent. The same applies to this case

also. Hence, this case also needs to be likewise got

reviewed by an independent investigation agency.

2) Arrest of Tariq and Khalid in U.P. Courts serial

blast case of Nov. 2007

The police claimed to have arrested Tariq and Khalid at

Barabanki on 22 Dec. 2007 on the basis of some

information and recovered cell-phones, SIM cards,

incriminating Huji literature etc from them. But the

relations of the boys contest this claim. According to

them Tariq was arrested on December 12 while he was

going to attend a Tablighi congregation at Sherwan in

Azamgarh on a motorcycle. Local news-papers had

immediately published reports of his arrest. Similarly,

Khalid was arrested on 16th December in Maryahu, Dist.

Jaunpur, while he was eating ‘chat’ in a shop. The STF

forcibly put him in their Tata Sumo car and carried him

away. Hundreds of people were witness to this incident

and it was reported in the local press on the next day.

Moreover, his relations immediately lodged

FIRs/complaint with the police and local administration.

These facts prove beyond reasonable doubt that the



66

police claim was wrong and their evidence of recovery

concocted. True translated copies of the documents in

respect of Tariq i.e. copies of his grandfather’s complaint

dated 14.12.2007 to the police station, applications

dated 14.12.2007 to the C.M., U.P with copies to others,

sent by speed post, memorandum to the C.J.M, dated

20.12.2007; the inventory of Tariq’s house-search taken

on 18.12.2007; and the press cuttings of Hindi dailies

Amar Ujala, Varanasi dated 17.12.2007 and Hindustan,

Varanasi, dated 17.12.2007 and 19.12.2007 are

annexed and marked as Annexure –P/23 (colly)

(Pages 589 to 602).

True translated copies the documents in respect of

Khalid, i.e. copies of his cousin brother’s complaint

dated 16.12.2007 to the police station; his uncle’s

application sent to the C.M. U.P., the D.M. Jaunpur & the

I.G. Lucknow zone sent by speed post on 19.12.2007;

the inventory of Khalid’s house-search taken on

18.12.2007; the reply dated 15.09.2009 given by the

public information officer of the Circle Officer Madiyahu,

admitting that ‘Khalid was picked up by the STF from

Madiyahu Bazar’ (and not from the Barabanki railway

station as claimed by the STF); the press cuttings of

Hindi dailies Amar Ujala, Varanasi, and Hindustan,

Varanasi, both dated 17.12.2007 and Amar Ujala,



67

Varanasi dated 18.12.2007 are annexed as Annexure–

P/24 (Colly) (Pages 603 to 616).

True translated copy of the press cutting of Hindustan,

Lucknow, dated 8.03.2008 are annexed as Annexure –

P/25 (Pages 617 to 618)

A writ petition was also filed in the Lucknow bench of

Allahabad High Court against the illegal detention of

Tariq & Khalid. But it was filed as late as 15.03.2008 i.e.

three months after the alleged illegal detention by which

time the police had regularized their arrest, by

producing them before the judicial magistrates &

obtaining their remands from time to time. Therefore,

the petition was dismissed on technical ground saying

that “As the petitioners are lodged in jail by a valid order

passed by the competent courts of law, no case of

issuance of writ Habeas Corpus is made out”. Copy of

the judgment dated 19.8.2009 in W.P. No.293(H/C) of

2008 is annexed as Annexure –P/26 (Pages 619). The

Hon’ble High Court, however, did not pass any order to

inquire into the alleged detention of the two accused and

the alleged decision of the advocates of three bar

associations not to take their cases. The Hon’ble High

Court ought to have done that.



68

3) Unabashedly regularizing illegal arrest after the

Writ Petition was filed

One Ibrahim Junaid was unauthorizedly detained by the

Hyderabad Police on 03.09.2007 in connection with the

Mecca Masjid blast case. His family members filed a

Habeas Corpus writ petition in the High Court on

05.09.2007. After receiving the notice of the High Court,

the police regularized his arrest and unabashedly filed

an counter affidavit on 13.09.2007 saying that Ibrahim

Junaid was arrested on 08.09.2007, as if the habeas

corpus had been filed by the relations apprehending his

arrest in advance. The incident has been mentioned in

the report of the Ravi Chandra Commission appointed by

the A.P. Minority Commission to inquire into the alleged

police atrocities on innocent Muslim boys. Copy of the

page Nos.5 and 6 report of the Ravi Chandra

Commission is annexed as Annexure–P/27 (Pages 620

to 622).

4) Failure to “decode” the conversation taken

place an year ago, led to Delhi blast

In the part charge sheet in respect of the blasts at Karol

Bagh of Delhi blast case of Sept. 2008, filed on 17

December 2008, the police have made a ‘suo motu’

uncalled for admission which speaks of its guilty

conscience. It says, “they could have averted the terror-



69

strike had they been able to decode the telephonic

conversation they had intercepted.” The mobile under

interception (no. 9811004309) allegedly belonged to

Mohammad Atif Amin (the young boy killed in Batla

House encounter), alleged to be the leader of the ‘IM’

module. According to the police, Atif’s number came to

the notice of the police during the investigation into an

East Delhi cyber café from where e-mails had been sent

in connection with the November 2007 serial blasts in

U.P. courts. The police happened to intercept his mobile

phone from 2 to 19 Sept. i.e. a few days before the

Delhi blasts but could not decode it. (i.e. had they

decoded it, the Delhi blast could have been avoided)

There are many unanswered questioned in the police

theory e.g. i) Why did they wait for 10 months i.e. from

Nov. 2007 to Sept. 2008, to intercept a telephone of a

so called dreaded terrorist? ii) What prompted them to

intercept it from Sept. 2, 2008 iii) To whom the mobile

and the SIM card really belong? iv) In which coded

language was the conversation? When was it decoded?

How? What it meant? v) Have the call-records of the

phone been obtained? (Who Killed Karkare page no.

110, 111 & 112)

On the face of it, this piece of evidence appears to be

very crudely fabricated & hence false. If a fair trail is



71

eloquent testimony of how investigation was done with a

prejudiced and preconceived mind-set. From the remand

report it is clear that the police first formulated the

theory arbitrarily (para no. 6 and 7 of the report), then

arrested the accused randomly (para no. 8) and

thereafter proceeded to collect evidence against them

(para 9) [The para nos. have been supplied]

[XII] Bomb-blasts almost stopped after the

arrest of Abhinav-Bharat terrorists : Unsuccessful

attempt at Margaon (Goa) to revive the situation

After the arrest of 11 operatives of “Abhinav Bharat” in

the Malegaon blast case of 2008 by Hemant Karkare in

Oct.-Nov. 2008, the bomb-blasts, which had been taking

place every 2-3 months for the past 5-6 years almost

stopped for a year. However, this long blast-free period

was a cause of great concern for the right wing Hindu

radical groups, as they feared that such a lull would

convince the general public that the earlier series of

blasts since 2002 were the handiwork of Hindu radical

groups. Naturally, they were itching to have a blast as

early as possible so as to reverse the process of change

in the public perception. Therefore, on the eve of Diwali

on 16 Oct. 2009, the operatives of another right wing

radical group “Sanatan Sansthan” which had connection

with “Abhinav Bharat” attempted to cause bomb-blasts



72

at a place in Margao (Goa) where a large number of

Hindus were to congregate for Diwali celebration. But

unfortunately for the terrorists, one of the bombs went

off while being planted killing two terrorists of “Sanatan

Sansthan”. Later, two live bombs were defused by the

police (‘Indian Express’ , Pune; ‘Sakal’ , Pune; ‘Pudhari’ ,

Pune 18 Oct. 2009 as mentioned on page No. 10 of

“Who Killed Karkare?”.

What is more important is the fact that, in order that

Muslims be suspected in the event of the plan getting

materialized, a shopping bag with “Khan Market” written

on it in Arabic script was left at the site and it contained

a bottle of ‘ittar’ (perfume normally used by Muslims).

(Sunday Indian Express, Pune 8 Nov. 2009) The

intention was very clear. One can only imagine what

would have happened, had the bomb not exploded while

being planted but exploded later as planned by the

perpetrator killing a large number of innocent Hindus

assembled for a religious festival. Muslim blame-game

would have started and hundreds of innocent Muslim

boys would have been arrested, tortured and charge

sheeted, thus, making them languish in jail for years, as

per the pattern set during the last 6-7 years. (“Who

Killed Karkare?” page 9 & 10)



73

This failed attempt was a heavy jolt to the right wing

Hindu radical groups and their sympathizers in the IB as

the general public was being doubly convinced about

their game-plan of causing blasts and blaming them on

Muslims. However, they were not to give up.

German Bakery (Pune) blast :

Within a short period of four months there was a bomb

blast in German Bakery at Pune on 13.02.2010, in which

17 persons were killed and 56 injured. As the bomb did

not explode while being planted or being prepared,

within days of the blast the Muslim blame-game started

as expected and with it started the trial and error

method of the IB and its puppet ATS Maharashtra to fit

some Muslim youths in their ready-made script, as

evident form the following facts.

1)

The police officers suspected that the CCTV footage at

German Bakery resembled the photograph of one

Samad Bhatkal, the brother of the alleged main

accused Yasin Bhatkal. Copy of the press cutting as

reported in T.O.I., Pune, 25 May 2010 is annexed as


2) The fact that the IB and the police had almost

confirmed his involvement in the case was apparent

from the fact that his profile and the photograph was



74

circulated among ATS chiefs of all states when they

discussed the Pune blast case at the Centre for Police

Research at Pune in March 2009. Copy of the press

cutting as reported in Indian Express , Pune, 25 May

2010 is annexed as Annexure –P/31 (Pages 653 to

656)

3)

He was arrested on 24

th

May 2010, as soon as he

landed at Mangalore airport. He was returning from

Dubai, where he had gone on a regular 3 months’

visitor-visa in search of a better job.

4) He was, however, formally arrested the next day in a

little known case of seizure of arms for “supari”

(contract) killing, which had been registered at

Mumbai by the ATS in August, 2009. But the court

released him as his name did not appear in the F.I.R.

or in any of about dozen remand reports of other

arrested accused. Copy of the press cutting as

reported in Pune Mirror (T.O.I.), 7 June 2010 is

annexed and marked as Annexure –P/32 (Pages

657 to 659)

5)

The fact that he was actually picked up for the

German Bakery case; and not for any other case

became apparent, when the Union Home Minister, P.

Chidambaram, congratulated the Pune Police and the

I.B. for apprehending the prime accused in the case.



75

True translated copies of the press cuttings as

reported in Sakal, Pune 26 May 2010 and Pune Mirror

27 May, 2010 is annexed as Annexure –P/33

(Colly) (Pages 660 to 664). Mr. Chidambaram could

not have done so without being briefed by the IB or

rather, the IB itself would have advised him to do so

as it must be confident that it would frame Samad on

the basis the CCTV footage, albeit blurred.

6) However, the ATS and the IB were put to a lot of

embarrassment, when Samad’s family in Mangalore

showed to the media a video clipping of Samad at a

family wedding in Mangalore on the day of the

German Bakery blast. The Union Home Minister also

had a tough time explaining away his statement.

(Pune Mirror , 27 May 2010 the press cutting of which

is enclosed as Annexure ZE)

7) Had there been no video-recordings of Samad

attending the marriage, his fate was almost sealed.

8) As the theory of Samad-involvement got punctured,

The IB and the ATS wrote another script involving one

Himayat Baig, Mohsin Choudhari, Yasin Bhatkal &

others. But from the chargesheet filed by the ATS it

appears that this story was based on the investigation

of two cases i.e. the case of huge cache of arms,



76

ammunition and RDX near Aurangabad registered as

LAC No. 3/2006 at ATS Police station, Kalachowky,

Mumbai and the case of the involvement of the IM

mainly in sending e-mails before or after some blasts

registered vide DCB, CID (Mumbai) C.R. No.

152/2008. The authenticity and credibility of the

investigation of both these cases is highly doubtful as

discussed in sub parts 2, 3 and 5 of part IX of this

petition.

9) Though, somehow they completed the investigation

and filed the chargesheet, they seemed to have

committed many serious goof-ups in the

investigation. Copy of the Chargesheet bearing No.1

13.2.2010 at ATS Police Station, Pune in FIR

No.06/2010 dated is annexed as Annexure –P/34

(Pages 665 to 682)

a. The spot panchnama of the place of incident

was drawn on 14.02.2010, and the incriminating

articles were seized. However, another spot

panchnama was drawn on 18.02.2010 in which

the SIM card and other articles allegedly used

for triggering the blast were seized. Copy of the

relevant part i.e. point No. 10 of the

Chargesheet bearing No.1 13.2.2010 at ATS

Police Station, Pune in FIR No.06/2010 is



77

annexed as Annexure –P/35 (Pages 683 to

688)

b. In para no. 25 of the charge sheet it is stated

that ‘the bomb was triggered with the help of a

mobile alarm triggering device.’ However, no

attempt seems to have been made to trace the

numbers of the SIM cards and IMEI numbers

and consumer numbers of the mobile phones,

allegedly used for detonating the blast and to

trace their origin with the help of forensic expert

and mobile experts as has been done by the NIA

in Ajmer Sharif and Mecca Masjid blast cases. As

such, no connection has been established

between the accused & the SIM cards and

mobile phones. This point alone is sufficient to

justify the discharge of the accused and the

reinvestigation of the case. It is utter injustice

to make the accused go through the ordeal of

the trial when there is no conclusive evidence

against him.

c.

In para no. 16 of the chargesheet it is alleged

that accused no. 1 started a cyber café in Udgir

and with the help of about 25 different e-mail

IDs he was in constant touch with the wanted

accused. But the prosecution has not furnished



78

any evidence connecting the accused’s

computer, his router, and the server of his

service provider company, with those of the

receiver at the relevant time and date in respect

of each of the alleged e-mail. Apparently the

police have manipulated the data in the

accused’s lap-top and have made false

allegation.

d. The statement of a rikshaw driver recorded on

27 May 2007 for having recognized the

photograph of Samad published in the Marathi

daily “Sakal” on 25th May 2007, has apparently

been remained to be taken away after the

“Samad theory” was dropped and was by

mistake filed with the chargesheet sent against

Himayat Baig and others. True translated copies

of the statement of the rickshaw driver and the

press-cutting of daily “Sakal”, Pune, dated 25

May 2010 are annexed as Annexure –P/36

(colly) (Pages 689 to 693). As a result of above

mentioned serious anomalies in the

investigation, the Govt. of India transferred the

case to NIA for reinvestigation (T.O.I., Pune,

April 20, 2011) But it appears that the IB & the



79

ATS have been trying to stall the reinvestigation

lest their falsity would be exposed.

The Mumbai bomb-blast of 13th July 2011 :

On 13 July 2011, three bombs exploded at three

commercial hubs of Mumbai killing 21 persons and

injuring over 140. Considering the modus operandi, this

blast could also be yet another attempt by the right wing

Hindu terror groups at reversing the changing public-

perception vis-à-vis so called Muslim terror groups, or it

could be an attempt on the part of the IB to bail itself

out by diverting the public attention, as during the last

few months, it has been very badly pushed to the wall

on many counts. Apart from its dubious role getting

exposed in the reinvestigations of many blast cases, as

discussed in the foregoing paras, its credibility and

loyalty has hit rock-bottom in the Mumbai terror attack

case of 26/11. Some petitions exposing the same were

about to be finally heard shortly.

Therefore, the IB had all the reason to create some

sensation in order to divert the attention of the Govt.

and the public from the Himalayan blunder they have

committed and thereby also to indirectly pressurize the

courts hearing these petitions. Therefore, the agencies

investigating the Mumbai blast case of 13th July 2011,

ought to consider this important aspect as well. But this



80

will not be possible unless the investigation is taken

away from the ATS which is at the beck and call of the

IB and acts merely as its puppet.

How the ATS has been investigating this case with a

prejudiced mind and preconceived ideas will be borne

out by the following facts.

a) A mystery of SMS and phone-calls

In marathi daily Lokmat, Pune, dated 16th July 2011,

two news items have been published on the same page,

one datelined Mumbai/Chikhali captioned “O.K. sms

from Chikhali to Pak” and the other datelined

Aurangabad captioned “Blind person’s mischief with the

police after the blast”. The gist of the first report is “The

ATS got to know that an O.K. message was sent to

Pakistan from a mobile having no. 8698525934 and a

phone call was made to Ulhasnagar police station

(Thane District) after the Mumbai blast. The inquiries

revealed that the SIM card belonged to one Raghunath

Runaji Shelke r/o Godri village, in Tahsil Chikhali of

Buldhana district. He admitted that it belonged to him,

but was being used by his son’s friend Vijay Nirmale.

Shelke’s elder son, Bhagwan, works in Valunj MIDC

(Aurangabad) in a motor-cycle spare parts factory and

the younger one, Bhanudas is at Mumbai for education.



81

Vijay Nirmale, is Bhanudas’s friend. The ATS Chief,

Rakesh Maria, immediately gave the suspect a clean chit

saying that he did so under the influence of alcohol and

had nothing to do with the bomb-blast”. The gist of the

second report is : “On 13th the Ulhasnagar (Dist. Thane)

police received phone-calls, both before and after the

blasts at Mumbai. The police swung into action and

traced the calls to village Valunj near Aurangabad. On

14th the police picked up a person from Valunj MIDC

area. He told the police that he had a blind brother and

he was in habit of making such calls. The police tracked

that (blind) person to Chikhali (Dist. Buldhana) and

detained him”. Though there is some difference in the

two versions, the fact remains that it was the handiwork

of Bhanudas Shelke and/or his friend Vijay Nirmale. But

what is surprising is the promptness of the ATS to give

the persons concerned an instant clean chit, calling it a

mischief by a drunkard or by a blind person. One

shudders to think what would have happened had the

person happened to be a Muslim. It is, thus, apparent

that the ATS Maharashtra is interested only in pursuing

the Muslim angle and leaving out any other angle. True

translated copies of the press-cuttings of the two news

items of Marathi daily Lokmat dated 16th July 2011 are

annexed as Annexure –P/37 (colly) (Pages 694 to

696)



82

b) NIA beats a retreat

The fact that the ATS is not doing the investigation

impartially is further confirmed by the sudden departure

of the NIA team from Mumbai alleging that the ATS

Maharashtra was not cooperating with it. In this

connection the Hindi daily Jagran, in its issue dated 20th

July 2011 under the caption “NIA loses to ATS” reported,

thus: “Following the rift between the National

Investigation Agency (NIA) which has been specially

constituted to investigate terror related offences and the

Anti Terrorist Squad of the Mumbai police, as to the line

of investigation and its modality, the NIA has distanced

itself from the investigation and has called all its officers

to Delhi. ………… A senior NIA officer said that for the last

3-4 days the ATS, which has been formally investigating

the case, did not disclose anything (to NIA); so much

so, they started dismissing the facts revealed by the

NIA. True translated copy of the print-out of the news

item of Hindi daily Jagran dated 20th July 2011 is

annexed as Annexure –P/38 (Pages 697 to 698)

In view of the above mentioned developments, it is just

as well to take away the investigation from the ATS,

Maharashtra and hand it over to some independent

agency.



83

[XIII] The propaganda of “bomb for bomb”

theory – a ploy to justify unprovoked blasts :

13. After the new revelation of the NIA in the

investigation of Mecca Masjid, Ajmer Sharif and

Samjhauta Express blast cases, a theory of “bomb

for bomb” is being trotted out and is being widely

publicized by the section of the media controlled by

the RSS. This propaganda is apparently aimed at

mitigating the seriousness of the bomb-blasts

caused by the Hindu radical groups and thus

gaining public sympathy by lending such blasts a

semblance of legitimacy, albeit perverted.

The presumption underlining this propaganda is that the

earlier blasts or attacks on Hindu temples or Hindu

people were caused by Muslim terrorist groups. Swami

Aseemanand has also propounded this theory in his

confessional statement.

However, such presumptions cannot be accepted

without subjecting them to strict scrutiny. Just because

Hindu temples or Hindu congregation were attacked, it

cannot, ipso facto, be inferred that it was the handi-

work of Muslims, as there have been instances in the

past in which right wing radical elements themselves

were found to be behind such attacks e.g.



85

explosives ever since year 2000 and how the IB had

been ignoring their nefarious activities. (Page no. 47

to 56 of “Who Killed Karkare?”). Against this

background, it was quite possible that after having

been sure that their groups were ready for terror

attacks, some hard core radical elements in the

Sangh Pariwar or the ideological perverted elements

ensconced in the IB itself might have caused attacks

on some Hindu temples on Hindu crowds and blamed

and framed Muslims so that as a quid pro quo, the

well trained cadres in the Hindu radical groups could

attack Muslim shrines or congregation.

In view of the above facts, the possibility of right

wing radical Hindu groups themselves having been

involved in attacks on Hindu shrines cannot be ruled

out; and hence all the cases of attacks on Hindu

religious places since 2002 also need to be

reinvestigated afresh.

[XIV] I.B. – the root cause of all woes; butbeyond the reach of law

14.The Petitioners submits that the circumstances stated

below shows as to who the evidence is manipulated

A) The power unto itself

Over the years the IB has emerged as the single most

powerful force in the country. (page nos. 23 to 30 of



86

“Who Killed Karkare?”). It is not accountable even to the

Parliament, it has huge unaccountable funds and it

wields tremendous political cloud. Copy of the press

cutting as reported in Sunday T.O.I., Pune, dated

27.06.2010 is annexed as Annexure –P/40 (Pages

701 to 712). By taking advantage of its proximity to

the Prime Minister and by freely using terms like

“Pakistan”, “national security”, “cover operation”,

“counter terrorist operation”, “secret diplomatic

mission”, “international relations”, “P.M.O’s

instructions”, it misguide the important departments of

the Central Govt, the state Govts, the police,

bureaucrats and even judiciary and indulge in

indiscriminate “encounter” and other illegal activities

and prevail upon the Govt. not to inquire into any such

incident. Overtly such acts are aimed at taming

Pakistan, but covertly they are aimed at maiming Indian

Muslims by keeping the communal atmosphere

simmering in the country .

B) Nexus between the IB & Pro Hindu Rashtra

forces

The I.B’s real face was unmasked when it transpired in

the internal probe following the Mumbai terror attack

that it blocked the absolutely specific information of the

LeT’s attack on Mumbai and that it intentionally did not



87

keep the LeT terrorists’ mobile phones under

observation (or kept under observation but used the

information for some dubious purpose) apparently to

facilitate the devilish plan of pro-“Hindu Rashtra” forces

to eliminate Maharashtra ATS Chief Hemant Karkare by

arranging a parallel attack synchronizing with LeT’s

attack because Hemant Karkare was bent upon exposing

their nation wide terror network. (page Nos. 186 to 191

of “Who killed Karkare?”). Thus, unfortunately &

paradoxically the premier intelligence agency of the

country itself poses serious threat to its security.

C) General amnesty to the I.B. & its puppets in the

states

By now it has become abundantly clear that the

investigation of most of the bomb blast cases have been

bungled up by the IB which has played a pivotal role in

taking them to wrong tracks with malafide intention.

Apart from playing an absolutely dubious role in the

investigations of blast cases, the IB has, during the past

few years, committed many Himalayan blunders and

intentional acts of serious omissions and commissions

such as intentionally suppressing an absolutely specific

information about the LeT’s Mumbai attack of 26/11,

misguiding the govt. in Samjhauta and Mumbai train

blast cases, allowing US national Ken Heywood to leave



88

the country in the face of a look-out notice; allowing US

authorities to take Anita Udaiya an important witness in

26/11 case to US, unauthorisedly, and so on; but so far

not a single IB officer has been brought to book, as if

the IB enjoys a general amnesty.

D) IB’s protective cover to their stooges in state

police

The state police officers know only too well that the IB

enjoys tremendous political clout and hence they obey

its illegal orders, specially in communal and terror

related matters, to the dot, as they know that by doing

so, they lose nothing but gain everything.

So impervious is the IB’s protective cover that some

officers, who have unabashedly manipulated false

evidence and have framed innocent persons in blast

cases, apprehend action against them & out of guilty

conscience get themselves transferred to I.B. and go

under its protective cover. And so much is the terror of

the IB that the honest & upright officers who know the

real facts do not dare speak out as they fear that the

ruthless & vindictive IB would ruin their career.

The state police officers who are involved in the

conspiracy with the IB in doing wrong investigations are

not bothered at all and are free from any tension, as



89

they know that as the IB itself is deeply involved in

manipulating false evidence it would bail them out and

thus feel fully protected. Far from getting punished, they

are sure of getting all the service benefits such as

rewards, medals, promotions, plump postings, foreign

trainings and so on, as in all such matters the

recommendations of the IB are of paramount

importance. It is because of this that the officers of ATS

Maharashtra, STF U.P., Special Cell, Delhi, a section of

J&K police, PTF Hyderabad, etc. who are guilty of

committing illegal acts and of doing gross injustice to a

section of the society have not only been promoted and

given plump postings but are sure to get in future also,

coveted posts like the Police Commissioner of important

cities like Mumbai, Delhi, Bangalore, Hyderabad as the

IB strongly recommend their cases and the Govts readily

accept them. This trend needs to be changed.

Considering the IB’s highly dubious role especially in

Mumbai terror attack case and in the investigation of

blast cases, the “strong recommendations” of the IB

ought to be viewed adversely and all those officers

conniving with the IB in illegal acts should be brought to

book ruthlessly.

[XV] Utter discrimination



91

was present in the meeting in which the conspiracy

was hatched. (Page no. 273 of “Who Killed

Karkare?” and page no. 669 to 672 of Vol. VIII B of

the Malegaon 2008 charge-sheet). But, in contrast

hundreds of Muslim boys were arrested in blast

cases even though there was not an iota of

clinching evidence against them as has been

established in the recent investigations by the NIA.

iii) In the meeting of the Directors General and the

Inspectors General of the states held in Delhi in

September 2011, the Special Director of the I.B.

revealed that the Hindutva activists (not terrorists)

have either been suspected or under investigation

in 16 incidents of bomb blasts in the country

(deccanherald.com – 20 Sept. 2001). But the I.B.

officer did not specify the cases other than the four

which had already come in the public domain. This

is a deliberate attempt on the part of the I.B to

hide the terrorist activities of the right wing Hindu

terrorist groups. Copy of the print out of the

Deccan Herald’s on-line news is annexed as


iv) In the investigation of Malegaon blast case 2008, a

clear evidence has come on record to the effect

that the terrorists of “Abhinav Bharat” had been



92

conspiring to knock down the constitution,

overthrow the Govt. established by law, and to

establish a “Aryavart Hindu Rashtra” with the help

of some foreign powers, the sections of law

concerning the “war against the state” were not

applied to the case. Copies of the relevant pages

i.e. page no. 1, 31 to 33, and 69 and 70 of Vol. I-A

of the charge-sheet No.3 dated 20.12.2008 in FIR

No.18/08 at ATS Police Station, Mumbai (Also page

no. 266 to 269 of “Who Killed Karkare?”) is

annexed as Annexure –P/42 (Pages 716 to

723)” whereas they have been applied to almost

all the other blast cases having Muslim boys as

accused.

v)

Even when the real facts were revealed in the

reinvestigation of some cases by a fairly impartial

agency like the NIA, or in the confessional

statements or admissions of some real accused

persons, the Muslim boys falsely arrested in some

of those cases (e.g. Malegaon 2006) had to

languish in jail for about five years before getting a

bail. On the other hand the accused belonging to

Sangh Parivar involved in blast cases were liberally

released on bail. e.g. in Nanded blast case of 2006,

inspite of having a clinching evidence against them



93

the accused were shortly released on bail and

some suspects even got an anticipatory bail. (page

no. 159 of “Who Killed Karkare?”)

vi)

Highly sensitive matters such as the mysterious

disappearance of U.S. national Ken Haywood, the

chance seizures of some suspected SIM cards or

mobile phones, the sensational contents of the two

lap tops recovered in Malegaon blast case of 2008,

the dubious relationship between the then ATS

Chief Maharashtra K.P. Raghuvanshi and the main

supplier of RDX and the master mind of anti-

national conspiracy, Lt. Col. Purohit, etc. have

been meticulously suppressed, instead of being

probed deep, for the fear that the whole conspiracy

of the right wing radical Hindu groups would be

exposed.

vii) And last, but the most important, there has been

not even a talk of ban on RSS, VHP and their front

organizations and sleeper cells like “Abhinav

Bharat”, “Jai Vande Mataram”, “Bajrang Dal”,

“Sanatan Sansthan”, “Hindu Jan Jagran Manch”,

even though there has been clinching and

irrefutable evidence against them in many cases.

On the other hand, the unjustifiable ban on SIMI

has been continuing even though many cases



94

against its workers have been acquitted for want of

credible evidence; even though the falsity of the

charges leveled against it & its workers has been

exposed by a well known journalist Ajit Sahi in his

series of well researched articles published in

Tehelka magazine in its three issues of July-August

2008; and even though the Tribunal established

under the Unlawful Activities (Prevention) Act,

2006, lifted the ban on SIMI in 2008.

There could be no better example of the inequality

before law

The Prime Minister endorsed the view

In the meeting of the National Integration Council (NIC)

on September 10, 2011, the Prime Minister observed,

“We need to recognize that members of the minority

communities often have a perception of being unfairly

targeted by law enforcement agencies. ……….. While law

must take its own course, we need to ensure our

investigating agencies are free from biases and

prejudices of any kind”. Copy of the press cutting as

reported in The T.O.I. Pune, dated 11 Sept. 2011 is

annexed as Annexure –P/43 (Pages 724 to 726).

There cannot be more eloquent endorsement of the

prejudicial attitude of the investigating agencies.



95

The Petitioners in the circumstances abovesaid

submitted Representation before the Secretary Dept. of

Home Affairs, South Block, New Delhi requesting that all

the Bomb Blasts Cases be reinvestigated under the

direct supervision of a committee headed by a retired

Supreme Court Judge and comprising of others and for

action against the police officers who deliberately did not

investigate the cases properly etc. Copy of the

Representation dated 29th September 2011 is annexed

as Annexure –P/44 (Pages 727 to 782)

The Petitioners submit that the Respondent No. 1 has

not taken any action on the said Representation and the

Petitioners have not even received any communication

in that behalf. It is clear that the Government of India is

not serious about investigation of the cases to its logical

conclusions. One cannot wish away this serious matter

merely by saying that the accused persons may get a

chance to defend themselves in the court or that the law

will take its own course, as the trials of such fabricated

cases would be nothing more than sham trials.

Moreover, such an attitude would serve the main

purpose of the right wing Hindu elements in the IB & the

police who do not bother about the outcome of the

cases. Their main intention is to make the Muslim boys

languish in jails for years on end till the cases come up



96

for hearing and of creating an anti Muslim atmosphere in

the country leading to communal riots, anarchy &

instability. Therefore, what is needed, under these

circumstances is the urgent and effective intervention on

the part of the higher judiciary in all these cases, at

whatever stages of investigation or trial they may be.

The Petitioners have therefore filed this Writ Petition

before this Hon'ble court under Article 32 of the

Constitution of India.

The Petitioners say that they have no other alternative

and equally efficacious remedy available to him and

therefore they have approached this Hon’ble Court

under Art. 32 of the Constitution of India and has filed

this Writ Petition.

The Petitioners state that they have not filed any other

petition, appeal and application before this Hon'ble Court

regarding the subject matter of this petition.



97

PRAYER

It is therefore, most respectfully prayed that this Hon'ble

Court may be pleased to:-

i. to issue a writ of mandamus and/or any other

writ, order or direction under Article 32 of the

Constitution of India ordering and/or directing the

Respondent No. 1 to constitute a Committee

headed by the retired Supreme Court Judge and

consisting of some competent investigation

officers and experts in the field of cellular and

computer technology to further investigate all the

bomb blasts cases taken place since 2002

onwards, and more particularly of the offences

mentioned in the list (which is enclosed herewith

as Annexure P-45) and the investigation so

ordered be monitored by this Hon'ble court.

ii. necessary directions be given to the respondents

to initiate Criminal and/or departmental action

against the errant police officers, who deliberately

did not pursue the important clues found during

the investigation only to save the real culprits,

and who intentionally implicated innocent Muslim

boys by fabricating false evidence against them.



99

vi. during the pendency of this petition, the innocent

boys arrested in bomb blast cases in the list of

which has been enclosed as Annexure P-45 and

against whom there is no clinching or conclusive

evidence, be released on bail, on verification.

vii. pass any other order/orders as this Hon'ble

Court may deem fit and proper in the light of the

facts and circumstances of the present case in the

interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS

IN DUTY BOUND, SHALL FOR EVER PRAY.

FILED BY (SYED MEHDI IMAM)

Advocate for the Petitioner

New DelhiDrawn On: . 13.01.2012Filed On: 23.01.2012



100





IN THE MATTER OF:

MR. GULZAR AHMED AZMI& ANR. …PETITIONERS

Versus

UNION OF INDIA& ORS. ...RESPONDENTS

AFFIDAVIT

I, Mr. Gulzar Ahmed Azmi, Age: Adult, Occu: Social Work, R/at

32/29-C, Piru Lane, Mumbai 400009 do hereby solemnly affirm

and say as under

1. That I am the petitioner No. 1 in the above noted case and

as such I am fully conversant with the facts and proceedings of

the case.

2. That I have read and understood the contents of the Writ

Petition and I say that the facts stated therein are true and

correct to my knowledge and belief.

DEPONENT



101

VERIFICATION:

I, the deponent abovenamed, do hereby state on solemnaffirmation that the contents of the paras 1 to 2 are true and

correct to my knowledge and I believe the same to be true and

that nothing material has been concealed therefrom.

Verified at Mumbai on 14th Dec 2011



102





IN THE MATTER OF:

MR. GULZAR AHMED AZMI& ORS. …PETITIONERS

Versus

UNION OF INDIA& ORS. ...RESPONDENTS

AFFIDAVIT

I, Mr. Sudhir Sawant, Age: Adult, Occu: Social Work, R/at B-

102, Deccan Apartment, Khar Danda, Union Park, Mumbai

400052 do hereby solemnly affirm and say as under

1. That I am the petitioner No. 1 in the above noted case and

as such I am fully conversant with the facts and proceedings of

the case.

2. That I have read and understood the contents of the Writ

Petition and I say that the facts stated therein are true and

correct to my knowledge and belief.

DEPONENT



103

VERIFICATION:

I, the deponent abovenamed, do hereby state on solemnaffirmation that the contents of the paras 1 to 2 are true and

correct to my knowledge and I believe the same to be true and

that nothing material has been concealed therefrom.

Verified at Mumbai on 15th Dec 2011

gulzar-azmi-writ-petition-march2012 ii.pdf

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