Wednesday, March 14, 2018

Sabotage of Indian criminal justice continues unchecked: Aseemanand’s ‘disclosure’ missing from court

NB: The blatant sabotage of Indian justice is unfolding before our eyes, as a section of the official establishment connives at the Sangh Parivar's scheme to destroy Indian democracy. In the face of their undisguised contempt for the Constitution, all honest judges, bureaucrats, police officers - indeed all Indians who respect the rule of law must beware of the subterfuges of this cabal, that hides their political ambitions with the cloak of patriotism. The document that has gone missing reportedly implicates senior RSS leaders. Let someone explain how these files have disappeared; and let our judges reflect on what the RSS is doing to our country. DS

We are coming in even in 2019 … then we will see: Fadnavis’s cousin threatens lawyer gathering information on Loya case NB: Please read the transcript of the conversation. Thanks to The Caravan for facing off this hooligan. Down with tyranny - DS

HYDERABAD: A key document in the 2007 Mecca Masjid blast case containing a disclosure by Hindu right-wing member Swami Aseemanand, which could seal the fate of the trial, has gone mysteriously missing from a lower court’s custody. The revelation came after chief investigating officer and CBI SP T Rajah Balaji on Tuesday began recording his evidence. Balaji filed the first chargesheet before the case was transferred to the NIA.

On May 18, 2007, a bomb blast inside the Mecca Masjid during Friday prayers killed nine people and injured 58 others. Later, more people were killed when the police opened fire on protesters. As part of the trial, more than 160 witnesses were examined by the court that includes victim, RSS pracharaks and several others. Aseemanand was granted bail in April 2017 on the condition that he can’t leave Hyderabad and Secunderabad. 

On Tuesday, K Ravinder Reddy, the fourth Additional Metropolitan Sessions Judge cum special court for NIA cases, came down heavily on court officials after several documents pertaining to the case couldn’t be traced. The proceedings of the case had to be stalled by more than one and half hours before officials could trace some of the documents that were exhibited before the court.

Balaji was taken by surprise after a key two-page document relating to the reported disclosure made by Naba Kumar Sarkar aka Swamy Aseemanand before CBI, explaining the alleged conspiracy, was not traceable. The document, marked as “Memo of Disclosure” No 88 in NIA chargesheet, reportedly contains names of senior RSS leaders. The missing document is believed to be of much importance and can seal the fate of Aseemanand in the case, investigators said. During investigation, the CBI officer examined 68 witnesses in the case, out of which 54 have turned hostile, including DRDO scientist Vadlamani Venkat Rao, who is the prosecution witness No 151 in the case.

see also 
It is no secret that the unstated reason for the government’s opposition was that Mr. Subramanium was the amicus curiae in the Sohrabuddin encounter case (Sohrabuddin Sheikh was prosecuted by the same CBI) and in other cases, where senior figures of the current government are allegedly complicit... In a country where the Judiciary is in charge of its own appointments, something more substantial than an IB report based on innuendo and hearsay is required before impugning the integrity of the candidate and the appointment process.
"The masterminds of the 26/11 attacks are treated like heroes in Pakistan. We are not there yet, but if hidden hands nudge the judicial system to free murderers of the saffron variety, we will be soon"
The Broken Middle (on the 30th anniversary of 1984)

More on justice in India, the death penalty, etc.

NB: I am adding a citation from an important book on Nazism written in the 1930’s: Behemoth, The Structure and Practice of National Socialism; by Franz Neumann. (New York, republished 1963, p 27). A pdf file may be read here: <> DS
(The counter revolution) ‘…tried many forms and devices, but soon learned that it could come to power only with the help of the state machine and never against it… the Kapp Putsch of 1920 and the Hitler Pustch of 1923 had proved this.. In the centre of the counter revolution stood the judiciary. Unlike administrative acts, which rest on considerations of convenience and expediency, judicial decisions rest on law, that is on right and wrong, and they always enjoy the limelight of publicity. 
Law is perhaps the most pernicious of all weapons in political struggles, precisely because of the halo that surrounds the concepts of right and justice… 

‘Right’, Hocking has said, ‘is psychologically a claim whose infringement is met with a resentment deeper than the injury would satisfy, a resentment that may amount to passion for which men will risk life and property as they would never do for an expediency’. When it becomes ‘political’, justice breeds hatred and despair among those it singles out for attack. Those whom it favours, on the other hand, develop a profound contempt for the very value of justice, they know that it can be purchased by the powerful. As a device for strengthening one political group at the expense of others, for eliminating enemies and assisting political allies, law then threatens the fundamental convictions upon which the tradition of our civilization rests…