"Hindu terror" Eidolon

[Guest]

<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Affidavit of Sadhvi Pragyan Singh Thakur</b>

NASIK
C.R. NO. I - 130/08
(RE-NUMBERED AS C.R. No. 1 - 18/08 at ATS)

State of Maharashtra: Complainant

Thru' ATS
V/s.

Sadhwi Pragyan Singh Thakur & Ors: Accused

I, Sadhwi Pragyan Chandrapal Singh Thakur, Age 38 years, Occupation - Nil,
residing at 7, Ganga Sagar Apartment, Katodara Road, Surat, Gujarat State do
hereby state on solemn affirmation as under:

1. I say that I am a resident of Madhya Pradesh. My parents live in Surat,
Gujarat where they shifted residence a couple of years ago. I say that for
some years now, I found myself becoming increasingly detached from the
material world and correspondingly found tremendous comfort and solace in
Spiritualism. Accordingly I decided to renounce the material world and
become a Sanyasin. On 30.1.2007, after performing the appropriate Hindu
Religious rites and prayers I became a Sadhwi. I say that ever since then, I
have been residing in a ashram at Jabalpur, Madhya Pradesh. My life at the
Ashram almost exclusively consisted of prayers, meditation, yoga and the
reading of spiritual texts. At the ashram I did not watch TV channels and
had practically no access to newspapers.

2. I say that apart from my activities at the ashram, I travelled chiefly
around North India for the purpose of religious discourses and sermons. In
connection with these latter activities, between 23.9.2008 and 4.10.2008, I
was in Indore where I stayed at the residence of one Annaji who is my
disciple. In the evening of 4th October, 2008, I returned to my ashram in
Jabalpur.

3. I say that on 7.10.2008, when I was at Jabalpur Ashram, I received a call
from a police officer from the ATS, Maharashtra, called Mr Sawant, who
wanted to know about my LML Freedom vehicle. However, I told him I had sold
it long back and not concerned with it. However, he insisted me to come down
to Surat as he wanted to question me at length about it. I was reluctant to
go to Surat by leaving the Ashram and insisted for him to come down to
Jabalpur, but he refused and told me to come down to Surat as early as
possible.

4. I further say that accordingly I travelled to Surat by train via Ujjain
and arrived at Surat on 10.10.2008 early in the morning and my disciple Shri
Bhimbhai Pasricha had to receive me at Railway Station and I went to his
place at Atop Nagar.

5. I say that here at about 10 AM, I met officer Mr Sawant who had
apparently travelled to Surat to trace the ownership of a LML Freedom two
wheeler and I questioned him as to what had happened to my vehicle and why
you are asking about it. I say that I it was at this point time, Mr Sawant
told me that my vehicle had been allegedly planted with the explosives and
subsequently detonated in Malegaon in the last week of September. I also say
that it was here for the first time, I came to know that my old vehicle had
been allegedly used in Malegaon blast, which was completely shocking to me.
I confirmed to Mr Sawant that the LML Freedom 2 wheeler of the colour and
number, he mentioned had once belonged to me.

6. I say that in Surat during the course of my interrogation with Mr Sawant,
I mentioned to him that the LML Freedom two wheeler once owned by me was
subsequently sold to one Sunil Joshi of Madhya Pradesh way back in October,
2004 and that Mr Joshi had paid me Rs 24,000/- for the same. I had also
signed the necessary TT Form for RTO transfer in October, 2004 itself. I
categorically asserted to Mr Sawant that since October, 2004 I had no
control over the vehicle or its movements and usage.

7. I further say that in spite of my answers, Mr. Sawant repeatedly asked me
how the vehicle reached Malegaon and how it came to be involved in the bomb
blast on 29.9.2008. I repeatedly replied that I could not answer his
questions as I had no control of the vehicle since October, 2004.

8. I also say that Mr Sawant however informed me that he did not believe me
and that I would have to accompany him and his ATS team to Mumbai for
further interrogation and he assured me that after such interrogation I
would be free to go back to my ashram.

9. It is significant to mention that I was not formally arrested on
10.10.2008. Even though no formal summons to attend as a Witness was served
upon me to make my self available for interrogation in Mumbai, and even
though I was within my rights to insist that I be interrogated at the place
where I reside ie Jabalpur, trusting Mr Sawant and having nothing to hide, I
agreed to accompany the ATS team to Mumbai. I say Mr Sawant told me take my
father along with me. However, due to his old age, I told him it was not
proper take down him to Mumbai and suggested that my disciple, one Mr
Bhimbhai Pasricha, in whose very residence my questioning was being done by
the ATS. I further say that at 5.15 PM myself, Mr Pasricha and the ATS
officer left Surat and reached Bombay on the very night of 10.10.2008. In
Bombay I was taken straight away to the ATS office at Kalachowkie.

10. Thereafter for two days I was detained and interrogated by the ATS team
in Mumbai. The questions were repetitive and directed at somehow involving
me in the bomb blast in Malegaon on 29.9.2008. My answers remained constant
throughout.

11. I further say that on 12.10.2008 the ATS changed the mode of
interrogation and became extremely aggressive with me. At first they asked
my said disciple Mr Bhimbhai Pasricha to beat me with sticks, belts etc, on
my palms, forehands, soles, etc. When Mr Pasricha refused to do so, he was
severely beaten by the ATS. Ultimately with the greatest reluctance, he
complied with the ATS orders but obviously being my disciple, he exerted the
very minimum of force on me. He was then pushed aside by a member of the ATS
squad knows as Khanwilkar, who then himself commenced beating me severely
with a belt on my hands, forearms, palms, feet, soles, causing me bruises,
swelling and contusions in these areas.

12. I say that from the 13th onwards, I say that I was beaten during the
day, night and midnight. On two occasions I was even woken up in the early
hours of the morning at 4 am and questioned about my knowledge of the
blasts. On these occasions, I was beaten by a senior officer having a
moustache, whom I can identify. In addition I was subject to vulgar abuse
and obscene language by members of the ATS team interrogating me. My Guru
was abused and my chastity was questioned. I was physically and verbally
traumatised to the extent that I wanted to commit suicide.

13. I further say that on 14th taken out for the examination at a far away
place from ATS and was brought back in the afternoon and that I day I had no
meeting or even knowledge about Mr Pasricha.

14. I say that on 15th October, after noon, both myself and Mr Pasricha were
taken by ATS vehicles to Hotel Rajdoot in Nagpada locality of Mumbai and
were kept in Room Nos. 315 and 314 respectively and we were made to sign the
Hotel Entry register, however, we did not pay or deposit any money with the
hotel manager, which was done by the ATS.

15. I say that after putting into this hotel I was asked to make phone calls
from mobile No. 94066 00004 and from one more mobile instrument not
belonging to me to speak couple of persons including one of my female
disciple and I was asked to say that I was in a hotel in Mumbai and hale &
hearty and was doing fine. I say that at that time, I did not know why I was
made to say so. I would reveal the name of my female disciple at an
appropriate time.

16. I say that as a result of the custodial violence/torture, mental stress,
anxiety that were developed in the process, I was subjected to, I developed
acute abdominal and kidney pains. I lost my appetite, became nauseous and
giddy and prone to having bouts of unconsciousness. In view of this, within
few hours after putting in Rajdoot Hospital, I was removed from the ATS
office and was taken a hospital which learnt it to be Shusrusha Hospital
wherein I was kept in ICU. I say that within half an hour Mr Bhimbhai
Pasricha came down to Shushrusha Hospital with some ATS men and my Hospital
admission forms, and other medical examination forms, etc were signed by
him. I say that Mr Khanwilkar deposited money to the hospital management for
me, which I learnt from Mr Bhimbhai. I say that after some time Mr Pasricha
left the Hospital along with the ATS men and thereafter I have no contact
with of any nature.

17. I say that I underwent a treatment over here for 3 to 4 days. I say that
as my condition did not improve, I was taken to another hospital whose name
I cannot recall. This hospital consisted of a high rise building where I was
treated for 2 to 3 days. I say that no female police constable was by my
side either in Hotel Rajdoot or in either of the two hospitals.

18. I say that both at the hotel and the hospitals, I was carried on a
stretcher and my face was always covered with a black hood to avoid my face
from being seen. From the second hospital, I was brought back to the ATS
office at Kalachowkie.

19. I say that I was finally arrested on 23.10.2008 and produced before the
Chief Judicial Magistrate, Nasik on 24.1.2008. I was remanded to police
custody on that date till 3.11.2008. Up to the 24.10.2008 and even sometime
thereafter, I was denied access to a Lawyer or any member of my family. A
polygraph test was conducted on me while I was in illegal detention prior to
23.10.2008. Thereafter a second polygraph test was conducted on 01.11.2008.
On 04.11.2008, after I was remanded to Judicial custody on being presented
before Nasik court on 03.11.2008, I also say that a Narco analysis test was
also conducted on me.

20. I say that both the lie detector test as well as the Narco analysis test
were conducted with out my consent. Never the less all these investigative
tests have only established my innocence in the Malegaon bomb blast that
took place on 29.9.2008. I finally was allowed to meet my sister Mrs
Parthibha Bhagwan Jha on the evening of 02.11.2008, who had brought
vakalatnamas of Advocate Ganesh Sovani who was engaged by my sister and her
husband Mr Bhagwan Jha and had met him couple times in that week. This
meeting was not conducted in private since members of the ATS stood within
hearing distance of my sister and myself. I met my Advocate Ganesh Sovani
for the first time in the court room of this Hon'ble Court very briefly for
4 to 5 minutes prior to the arguments commencing on my remand application on
03.11.2008.

21. I say that this period of 4 to 5 minutes was too short for me to give
complete instructions as to what had transpired from 10th October onwards,
about my vehicle, my stay at Kalachowkie, my illegal detention, the
ill-treatment mitigated to me by ATS men, the beating job that was forced on
my disciple to beat me, but which he carried out reluctantly, without any
force, etc. I say that for this reasons, all the details had not reflected
in the hand written application that was placed on record by my advocate Mr
Sovani, for paucity of time to give all these instructions.

22. I say that on the evening of Wednesday 12.11.2008, I was allowed to meet
my Advocate Ganesh Sovani for about 5-6 minutes again in the presence of
female staff of Byculla jail. I say that again on 13.11.2008 I was allowed
to talk to my said lawyer for 8-10 minutes to give him some more details.
Thereafter, on Friday 14.11.2008 evening at about 04.30 PM, I was given
nearly 20 minutes to talk to my said lawyer at length, and it was during
this period I could narrate my entire ordeal with the ATS which is
reproduced hereinabove.

23. I unambiguously state that I am totally innocent of any offence
whatsoever. In particular I have no connection with the Malegaon bomb blast
of 29.9.2008. While my former ownership of LML Freedom 2 wheeler, which was
allegedly used in the Malegaon bomb blast entitled the ATS to interrogate
me, that agency was not entitled to subject me to the treatment mentioned
hereinabove. Their conduct discloses a blatant violation of statutory
provisions of law, custodial abuse and violence, mental and physical torture
and prolonged illegal detention. The ATS are fully aware that I am innocent.
It appears however that they have a mandate from their political superiors
to necessarily implicate me with Malegaon blasts with a view to suggest that
Hindu Religious extremists were resorting to terrorism. The prolonged
illegal detention, custodial abuse and physical torture were designed to
compel me to confess to crimes I had not committed. This attempt of false
implication persisted for the entire period between 10.10.2008 and
02.11.2008 . During this entire period I was deliberately isolated from my
family and denied access to Lawyers. I say that no arrest panchanama was
done after my arrest on 23.10.2008 and I was never asked about the names,
addresses and telephone / mobile Nos. details to whom I would like to convey
my arrest. I say that attention from my illegal detention was sought to be
diverted by the ATS by daily leaking information regarding my involvement
which was manifestly false and only indicated the malafide nature of the
investigation.

24. I say that While I was thus painted as a sinister mastermind of the
Malegaon blasts, a role which has now been subtly reassigned by the ATS to
Lt Col Purohit - crippled and vulnerable as I was by the detention, abuse
and torture, I could not protest my innocence. Nor was I allowed access to
family, friends and Lawyers who could have done so.

25. I say that it is necessary that a detailed enquiry of my illegal
detention, custodial torture, etc needs to be done and for which I am ready
and willing to get subjected to any such medical test or tests and I also
want the ATS officers, who interrogated me, tortured me, etc should also be
put to the same tests.

26. I say that the ATS has caused blatant violations of my human rights and
I should get a justice and they need to be adequately dealt with as per the
provisions of law.

27. In the circumstances I now pray for the following relief:

a) that the ATS be directed to submit an explanation for my detention
without authority of law between 10.10.2008 and 23.10.2008;

b). that enquiry/investigati on be conducted into my accusation made
hereinabove on oath, regarding custodial torture/violence and mental and
psychological abuse;

c). that such investigation as referred to in (b) above, include a polygraph
test, as well as Narco analysis on me to determine the veracity of my
accusations;

d). that such investigation to include a polygraph test and narco analysis
on officers of the ATS named by me, and also of those officers whose names,
I do not know, but I can identify, for they subjecting me to mental and
physical abuse during custody as well as others to be identified by me;

e) that a report be called for from the ATS for the reasons of my admission
in two hospitals ( Shusrusha an another) and the medical treatment undergone
by me at the said two hospitals;

f) The ATS be directed to disclose the reasons for my stay at Hotel Rajdoot
at Mumbai.;

g) For such further and other reliefs as may be fit and proper in the facts
and circumstances of the case.

Filed in court on 17.11.2008
<!--QuoteEnd--><!--QuoteEEnd-->