OPED | Wednesday, November 19, 2008 | Email | Print | 
‘I was beaten day and night, my chastity was questioned. I wanted to commit suicide...(Parrt-III)
Sadhwi Pragyan Chandrapal Singh Thakur says in her Nasik court affidavit
19. I say that I was finally arrested on 23.10.2008 and produced before the Chief Judicial Magistrate, Nasik on 24.1.2008. I was remanded to police custody on that date till 3.11.2008. Up to the 24.10.2008 and even sometime thereafter, I was denied access to a Lawyer or any member of my family. A polygraph test was conducted on me while I was in illegal detention prior to 23.10.2008. Thereafter a second polygraph test was conducted on 01.11.2008. On 04.11.2008, after I was remanded to Judicial custody on being presented before Nasik court on 03.11.2008, I also say that a Narco analysis test was also conducted on me.
20. I say that both the lie detector test as well as the Narco analysis test were conducted with out my consent. Never the less all these investigative tests have only established my innocence in the Malegaon bomb blast that took place on 29.9.2008. I finally was allowed to meet my sister Mrs Parthibha Bhagwan Jha on the evening of 02.11.2008, who had brought vakalatnamas of Advocate Ganesh Sovani who was engaged by my sister and her husband Mr Bhagwan Jha and had met him couple times in that week. This meeting was not conducted in private since members of the ATS stood within hearing distance of my sister and myself. I met my Advocate Ganesh Sovani for the first time in the court room of this Hon’ble Court very briefly for 4 to 5 minutes prior to the arguments commencing on my remand application on 03.11.2008.
21. I say that this period of 4 to 5 minutes was too short for me to give complete instructions as to what had transpired from 10th October onwards, about my vehicle, my stay at Kalachowkie, my illegal detention, the ill-treatment mitigated to me by ATS men, the beating job that was forced on my disciple to beat me, but which he carried out reluctantly, without any force, etc. I say that for this reasons, all the details had not reflected in the hand written application that was placed on record by my advocate Mr Sovani, for paucity of time to give all these instructions.
22. I say that on the evening of Wednesday 12.11.2008, I was allowed to meet my Advocate Ganesh Sovani for about 5-6 minutes again in the presence of female staff of Byculla jail. I say that again on 13.11.2008 I was allowed to talk to my said lawyer for 8-10 minutes to give him some more details. Thereafter, on Friday 14.11.2008 evening at about 04.30 PM, I was given nearly 20 minutes to talk to my said lawyer at length, and it was during this period I could narrate my entire ordeal with the ATS which is reproduced hereinabove.
23. I unambiguously state that I am totally innocent of any offence whatsoever. In particular I have no connection with the Malegaon bomb blast of 29.9.2008. While my former ownership of LML Freedom 2 wheeler, which was allegedly used in the Malegaon bomb blast entitled the ATS to interrogate me, that agency was not entitled to subject me to the treatment mentioned hereinabove. Their conduct discloses a blatant violation of statutory provisions of law, custodial abuse and violence, mental and physical torture and prolonged illegal detention. The ATS are fully aware that I am innocent. It appears however that they have a mandate from their political superiors to necessarily implicate me with Malegaon blasts with a view to suggest that Hindu Religious extremists were resorting to terrorism. The prolonged illegal detention, custodial abuse and physical torture were designed to compel me to confess to crimes I had not committed. This attempt of false implication persisted for the entire period between 10.10.2008 and 02.11.2008 . During this entire period I was deliberately isolated from my family and denied access to Lawyers. I say that no arrest panchanama was done after my arrest on 23.10.2008 and I was never asked about the names, addresses and telephone / mobile Nos. details to whom I would like to convey my arrest. I say that attention from my illegal detention was sought to be diverted by the ATS by daily leaking information regarding my involvement which was manifestly false and only indicated the malafide nature of the investigation..
24. I say that While I was thus painted as a sinister mastermind of the Malegaon blasts, a role which has now been subtly reassigned by the ATS to Lt Col Purohit — crippled and vulnerable as I was by the detention, abuse and torture, I could not protest my innocence. Nor was I allowed access to family, friends and Lawyers who could have done so.
25. I say that it is necessary that a detailed enquiry of my illegal detention, custodial torture, etc needs to be done and for which I am ready and willing to get subjected to any such medical test or tests and I also want the ATS officers, who interrogated me, tortured me, etc should also be put to the same tests.
26. I say that the ATS has caused blatant violations of my human rights and I should get a justice and they need to be adequately dealt with as per the provisions of law.
27. In the circumstances I now pray for the following relief:
a) that the ATS be directed to submit an explanation for my detention without authority of law between 10.10.2008 and 23.10.2008;
b). that enquiry/investigation be conducted into my accusation made hereinabove on oath, regarding custodial torture/violence and mental and psychological abuse;
c). that such investigation as referred to in (b) above, include a polygraph test, as well as Narco analysis on me to determine the veracity of my accusations;
d). that such investigation to include a polygraph test and narco analysis on officers of the ATS named by me, and also of those officers whose names, I do not know, but I can identify, for they subjecting me to mental and physical abuse during custody as well as others to be identified by me;
e) that a report be called for from the ATS for the reasons of my admission in two hospitals ( Shusrusha an another) and the medical treatment undergone by me at the said two hospitals;
f) The ATS be directed to disclose the reasons for my stay at Hotel Rajdoot at Mumbai.;
g) For such further and other reliefs as may be fit and proper in the facts and circumstances of the case.
Filed in court on 17.11.2008
Contents Explained to the
Deponent in Hindi &
Confirmed with Deponent.
(Deponent)
Identified by me:
ADVOCATE
CONCUDED
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