Author:
Publication: The Pioneer
Date: November 19, 2008
URL: http://www.dailypioneer.com/135444/I-was-beaten-day-and-night-says-Pragyan.html
Sadhwi Pragyan Chandrapal Singh Thakur says
in her Nasik court affidavit
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
AFFIDAVIT
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/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
