Blasts accused pick up the pieces

Arrested for their alleged involvement in various blasts cases, and then let off for a lack of evidence, the ‘accused’ find they can never erase the terrorist tag given to them. Neeta Kolhatkar reports

According to the Anti-Terrorist Squad (ATS) and Maharashtra’s Home Ministry, Dr Abdul Mateen is an alleged terrorist who has links with the Students’ Islamic Movement of India (SIMI) and the Lashkar-e-Toiba (LeT). Out on bail since 2005, this ‘terrorist’ started his clinic as a general practitioner and treats both police and ATS officers.
“What can they do? They have little choice. These days, there are few general practitioners in Aurangabad, so the police and ATS officers come to me for treatment,” Mateen says, with a laugh.

Not all the people picked up by the police for various cases, and then let off by the courts, usually for a lack of evidence, can be as good humoured about their situation as Dr Mateen. Now with the bogey of a revived SIMI and — some would argue — sweeping arrests of so-called activists and sympathisers, the cells are only getting more crowded. And anger at law enforcers, is high.

In June 2005, special POTA Judge AP Bhangale acquitted all the accused in the Ghatkopar blasts, saying the prosecution failed to prove charges against them. Not much has changed in the remaining blasts cases. Except for the 1993 blasts cases wherein conviction took place after 14 years, other cases have moved at a snail’s pace.
The police have also been banking on confessional statements and stock panchas, which are now being contested by the families of the accused.

“The fact is, in all three cases — the Aurangabad arms haul, the train blasts and the Malegaon incident - the police have relied entirely on confessional statements as there is no other evidence to prove their claims. The cases are fraught with collective confessional statements and stock panchas, and no witnesses,” says Shahid Azmi, advocate for the three cases.

Former ATS chief KP Raghuvanshi rebuffs the claims saying there is enough evidence to pin down the accused. “None of these cases is based purely on confessional statements. We are confident of providing evidence that can prove the culpability of these accused in all the states crimes,” says Raghuvanshi.

ATS chief Hemant Karkare maintains the reason for registering stock panchas is that there are no witnesses in most of these cases. “Sometimes it has happened that stock panchas are used. Investigating officers find it difficult to get witnesses, and this can be solved only with the effective involvement of the community,” says Karkare.

Azmi disagrees. “If these are hardcore criminals, how have the police managed to get confessions and multiple confessions out of them?” he asks. “If my clients belonged to any organisation then it would have been easier for the police to keep a watch over them. But that is not the case.”

Meanwhile, the accused who have been released, are now trying to piece their lives together again, fighting to clear their name. Some like Zaheer Ahmed, who was arrested under POTA for the Ghatkopar blasts, says that even today, it is difficult to erase the ‘terrorist’ tag that the police have given him. “I have never even seen the SIMI office and still I was picked up and first detained illegally, then held  under POTA,” says Ahmed. “It still hurts when people say I must have done something to be picked up.”

The rounds of the courts, however, have brought families together. Relatives of the accused look to each other for support, and some now know their cases inside out. Zehra Fatima, wife of Mohammed Zuber Sayyed Anwar, told DNA: “I saw stitches on my husband’s forehead after a jail beating, but we are yet to get the medical report on this. Today, I am doing everything as there is no son to take care of things.”

Akhil Ahmed Qatri, father of Imran Ahmed Qatri, who was arrested in the Aurangabad case, says if his son doesn’t get justice through the courts, the entire family will commit suicide. “I am a teacher and I teach students to be good Indians. Do you think my son could go around planting bombs?” says Qatri, who comes from Aurangabad to Mumbai for every hearing.

Ata Ur Rehman questions the ATS and police’s attitude. “My sons Faisal and Muzammil are being called LeT members and have been illegally detained. Recently, they were beaten up in Arthur Road jail and now I am not even allowed to meet them,” he says. “On the other hand, the police allowed someone like the American, Kenneth Haywood, to get away. What kind of justice is this?”
k_neeta@dnainda.net