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Sayed Fasihullah Hussainy at the Chief Judicial Magistrate’s Court at Guwahat.
It was the morning of 29 April 2013. It was my 86th day of detention at the Guwahati Central Jail and I was lying on my bed as usual in the Ward 3 of the Jail Hospital, both legs encased in a plaster cast. I was lost in thought of someone whom I wished all the happiness in life but couldn’t reach out to say so across the gulf that existed between us. It was her birthday.
I was interrupted in my thoughts by the sight of a thin and wiry bearded man with a piercing gaze who I could see through the iron-barred window that opened out to the corridor. The Ward 3 of the Jail Hospital was a large barrack-like room about 20ft wide and 40 ft long on the 1st floor, with the entrance from the corridor somewhat to the middle of the room. My bed was the first one on the left the moment anyone entered the Ward. Anyone who would come had to pass my bed. The thin bearded man wearing a green round-necked Tee and pajamas was engrossed in an animated conversation with Utpal Nath, a convict serving life imprisonment who was also the head nursing orderly who looked after running the hospital. Both of them then entered the Ward, followed by a small entourage, passed my bed, turned right, and proceeded to the extreme end of the room, still lost in conversation. I could understand from what I overheard, and from the gestures, that the man with the neatly trimmed salt-n-pepper beard was moving into the ward and occupying the last bed on the side away from the corridor. Satisfied on seeing that arrangements had already been made, he turned around and was about to leave the Ward.
Just as he reached my bed, I said to him, “Good morning,” and extended my hand. For a moment he was taken aback and stared at me intently. Then, his eyes lit up in a sign of recognition and he broke into a large grin. Grabbing my extended hand and energetically shaking it, he cried out, “How the hell have you landed up here? And what has happened to your legs?” Then he said again, “Wait, I think it is again a long story. Let me first shift in and then, we will exchange stories.” Turning to another handsome tribal gentleman who had accompanied him, he said, “I know this guy. We had met a long time ago.” He then introduced the tribal gentleman to me, who was Moirangthem Joy Singh, the Organisational Secretary of United National Liberation Front (UNLF), the oldest and perhaps the most powerful Meitei insurgent group of Manipur.
I had just met Sayed Fasihullah Hussainy again, after more than 10 years. He had forgotten my name, but he clearly remembered me. And I was as surprised to see him again as he was to see me.
The ISI Party
It was more than a decade ago when I had my first brush with the ‘state’ in a spate of malafide prosecution and spent time in detention in the Guwahati Central Jail (I have either been honourably acquitted by trial court or the cases were quashed) when it was in its earlier location at Machkhowa. I was intrigued to find a group of prisoners, a blind man with a partially disabled hand among them, who were referred to as the ‘ISI Party’ and whom most prisoners were reluctant to mingle with. The ‘ISI’ tag, in India, could ostracize people accused as such even in prisons, I soon learnt. My curiosity, however, got the better of me and I did strike up conversations with a few of them off and on in the prison yard. They were already in detention for more than 2 years at that point of time.
The blind man with a partially disabled hand, whom they called, ‘Qari Sahab’ was perhaps in his 30s then, and claimed to hail from Muzzafar Nagar in UP and lamented that he was in jail charged as a dreaded leader and chief organizer of the Harkat-ul-Mujahideen in India, a charge he vehemently denied while talking to me. He also claimed that his disability was a result of torture in police custody. To me it appeared rather strange that a harmless looking handicapped man could be such a dreaded terrorist but I heard from other prisoners that they were indeed caught with a huge cache of arms and RDX. I realized that they were the ones who had created a stir in the media when they were arrested along with ISI Officers by the Assam Police in Guwahati in 1999.
‘Qari Sahab’ was always assisted around by a handsome younger man they called Musaffa. He claimed to be from UP too but others in the jail said he was a Pakistani whose real name was Javed.
Another from their group was a bespectacled mousy little Kashmiri man with a beard called Akram Bhai who claimed to hail from Sopore. Akram Bhai too was allegedly a dreaded Harkat-ul-Mujahideen, a charge he too vehemently denied to me.
A more jovial fellow was a stout dark bearded man in his late 20s or early 30s who they called Billal Mian. I learnt that he hailed from Bangladesh and had been made co-accused in the case even though he was arrested from his father-in-law’s house in West Bengal about a year later than Qari and his ‘ISI Party’. He was the most forthright among them and admitted to facilitating illegal border crossing between India and Bangladesh for a ‘fee’. He told me that among other cases he stood accused of facilitating border crossing of some of those who were involved in the hijacking of the Indian Airlines flight IC 814 from Kathmandu to Kandahar in December 1999. On being asked whether he really did so, he would ask as to how would he know? After all it was an illicit racket and he never asked, those whom he helped to cross what their business was, he claimed.
Then there was the bearded man in his 30s whom everyone referred to as ‘the Pakistani’. I learnt that they called him Fasihullah. He was allegedly the serving ‘major’ of the dreaded ISI, as told to me by other prisoners, who had infiltrated into Assam to carry out major acts of terrorism. Always neatly dressed in kurta and pajamas, he used to be rather aloof, although he always responded politely whenever I used to strike up a conversation with him. He also had a wry sense of humour and the only one among them who spoke English fluently. Fasihullah hailed from the city of Karachi, he claimed.
Leaving aside the media, even a statement tabled in the Assam Legislative Assembly on 6 April 2000 regarding ISI Activities in Assam portrays a frighteningly sinister picture of the ones I have just named above. Here is a link to the same:
The Spy Who Never Was?
Sayed Fasihullah Hussaiy was lodged in Block 3 of the Guwahati Central Jail when we inadvertently came across each other again on 29 April 2013.
As one enters the Guwahati Central Jail’s prison complex, the first building on the right is Block 1 (all blocks are double storied RCC type), a part of which houses the women’s prison and the other part the prison hospital where I was lodged in Ward 3 on the first floor. There are 10 Blocks in all in the approximately 25 acres prison, the blocks laid out almost linearly from West to East.
All prisoners who are in detention in national security, militancy or terrorism related charges are lodged in Block 3. Hence be it Fasihullah, NDFB Chairman Ranjan Daimary or the Maoist leaders and cadres, all occupied Block 3. There is, however, a group of under-trial prisoners (UTPs as they are referred to) who weren’t militants or terrorists but were contractors who had nexus with the notorious Dimasa militant group Dima Halam Daoga or DHD (Jewel Garlosa) faction and were actively involved in extortion and siphoning off of thousands of crores of government development funds in the North Cachar Hills district of Assam. Accused Nos. (12), (13), (14) in the Chargesheet of NIA Case No. RC-01/2009/NIA-DLI and Accused Nos. (2), (13), (14), (15) in the Chargesheet of NIA Case No. RC-02/2009/NIA-DLI. They are among the accused who continues to live in luxury, with other under-trial prisoners as orderlies, and every creature comfort possible to be obtained by bribing prison officials. They are the ones mockingly referred to as the ‘Hazar Kouti Gang’ (The thousand crore Gang) in obvious reference to the NC Hills Scam being worth at least Rs. 1000 crores as claimed in the media. This case of siphoning off huge government funds to fund terrorist activities was the first case that the newly formed National Investigation Agency took up in 2009. These are also the people Fasihullah shared the barrack with in Block 3. These were also the people with whom Fasihullah developed a friction with, due to their repeated attempt to buy influence throwing around money. This was one of the reasons, Fasihullah told me, why he requested the prison authorities to move him out of Block 3.
What brought matters to a head was the lethal attack on Sarabjit Singh in the Kot Lakhpat Jail in Lahore on 26 April 2013. As Sarabjit struggled for his life, the MHA alerted all prisons across India where any Pakistani prisoner was lodged, to take precautionary measures regarding their safety from other inmates. That is why, on 29 April 2013, Fasihullah was shifted into the Ward 3 of the Guwahati Central Jail Hospital. With his arrival, the Ward became a high security barrack with restricted access. Having spent 14 years in several prisons across Assam, Fasihullah had earned the friendship and affection of many, from prison inmates to jail officials. But no risks could be taken to allow a retaliatory attack on him to precipitate, even though that appeared slim as far as Fasihullah was concerned. But when news filtered in of the attack on the Pakistani prisoner Sanaullah Ranjay in the Kot Balwal Jail in Jammu, security in Ward 3, where Fasihullah and I were lodged, went up a few notch further. There was a constant stream of officials to ‘check’ on the arrangements made. With our mutual stream of visitors to our ward further trimmed down, Fasiullah and I had almost the whole day to chat, debate, exchange our stories. And over the next few weeks, I came to learn of the ISI Official who never was and how he had to fight consecutive legal battles in Indian courts to prove his innocence. Fortunately, the courts never disappointed him, refusing to be swayed by the bias and wild allegations that most of the media resorted to whenever reporting on him or his cases. I devoured Fasihullah’s case papers and copies of his judgments that he generously lent me to read. And, I struggled to understand the plight suffered by many like him, caught in the enmity of two nations conjoined at birth. I shall now recount his intriguing story, and epic enforced exile from home through the cases brought against him, chronologically, and what is on record in the judgments that have acquitted him of all charges except entering India illegally without valid documents.
Panbazar Case No. 321/99 under Sections 121/121(A)/122/153(A) of IPC, read with Section 14 of Foreigners Act 1946, read with Sections 10/13 of Unlawful Activities Prevention Act 1967.
Sayed Fasihullah Hussainy and his co-accused persons, were first arrested on 7 August 1999 in Guwahati in the Panbazar Case No. 321/99 corresponding to GR Case No. 3403/99 under Sections 121/121 (A)/122/153-A of IPC, read with Section 14 of Foreigners Act 1946, read with Sections 10/13 of Unlawful Activities Prevention Act 1967.
This is what the police said in the chargesheet, quoted here from court records.
“….on 7.8.99 the then DSP Panbazar Division Mr. D. Deka (Debendra Deka) lodged an FIR at the Panbazar PS alleging that he engaged some police personnel for conducting discreet enquiry as well as for keeping an eye on a group of four persons (whose identities have subsequently being noted below) who were seen moving around in the city in a suspicious manner during the last few days.
The names of these persons are:
- Md. Fasihullah Hussainy (I have corrected the spelling here) @ Hamid Mahmood @ Khalid Mahmood.
- Md. Javed Wakar @ Md. Musaffa @ Md. Mehraj @ Abdul Rehman Danish.
- Moulana Hafiz Md. Akram Mallick @ Musaffa Gyasin @ Atabulla @ Bhaijan.
- Qari Salim Ahmed @ Abdul Aziz @ Sadat.
They were seen making telephone calls to certain persons located in different parts of the country and abroad. Their activities were kept under watch for some time and after he was confirmed about their suspicious activities, they were arrested on 7.8.99. During their questioning, it has come to light that these persons have been deputed to Assam and other parts of India by the Pakistani Inter Services Intelligence (ISI) for carrying out large-scale disturbances in Assam and other parts of the country.
Two persons, namely Fasihullah and Javed Wakar are Pakistani citizens and are understood to be officers of the ISI. They do not possess any passport or valid travel documents and have entered India illegally.
Moulana Hazif Md. Akram hails from Kupwara district of Jammu & Kashmir and is an explosive expert of the militant outfit called Harkat-ul-Mujaideen.
Qari Salim is one of the most dreaded leader of the outfit and the chief organizer of the Harkat-ul-Mujahideen in India.
These persons have also in illegal possession of foreign currency (USD 3892 and Bangladeshi Taka 492)
As already admitted by them, the above persons have been deputed to Assam for getting in touch with certain members of the local unit of Harkat-ul-Mujahideen (HuM) and United Liberation Front of Assam (ULFA) for carrying out disturbances in the state. They have also stated before the police that the Chief Amir of HuM and officers of the ISI have entered into a conspiracy with the arrested accused persons for causing sabotage activities in public places and vital installations. For this purpose, a large consignment of arms, RDX and other deadly explosives have been dispatched to Assam. These four persons have also been tasked by the ISI to carry out a series of explosions on the Manali-Leh Highway in Jammu & Kashmir to cut off military supplies and thus waging war against the country.
During preliminary interrogation of the arrested persons it appears that a very dangerous scheme has been drawn up by the Pakistani ISI and the fundamentalist terrorist groups of that country, to create massive disturbances in the state, in collusion with certain militant groups of Assam. They are also understood to have hatched a conspiracy to incite communal disturbances in the state by inciting misunderstanding and hatred among the innocent and law abiding Muslim citizen of the state against the non-Muslim population.”
The case went on trial as the Sessions Case No. 248 (K)/2002 in the Court of the Additional Sessions Judge (FTC) No. 4, Kamrup, with the following charges against Fasihullah and his co-accused:
- USD and Bangladeshi currency were recovered from accused Fasihullah, Javed Wakar, Qari Salim and Maulana Hafiz and they possessed the same without any valid documents.
- The accused persons made conspiracy for causing sabotage activities in public places and vital installations and for this purpose a large consignment of arms, RDX and other deadly explosives have been dispatched to Assam and they have also been tasked by the ISI to carry out a series of explosions on the Manali-Leh Highway in Jammu & Kashmir to cut off military supplies and thus waging war against the country.
- The accused persons made a conspiracy to create communal disturbance between Muslims and non-Muslims of Assam.
- The accused persons have been deputed by the Pakistani Inter Services Intelligence (ISI) for carrying out disturbances in Assam and other parts of the country.
- Accused Abdul Mukit Choudhury, Hazi Billaluddin and Bilal Miyan have common intention for commission of these above mentioned offences and accused Abdul Mukit Choudhury and hazi Billaluddin jelped accused Qari Salim to go to Bangladesh in the year 1997.
- Accused Billal Miyan is a Bangladeshi national and he entered India without any valid documents.
- Accused Fasihullah and javed Wakhar are Pakistani nationals and they entered India without valid documents.
The prosecution summoned 14 witnesses, and listed a horde of exhibits to prove their case. As the trial proceeded and these witnesses were cross-examined, however, the charges brought about by the state began to unravel. I, hereby, selectively quote what the trial court had to say about the charges from a 26 page judgment it gave on 12 June 2008, the verdict pronounced by Smti. C.R. Goswami, Additional Sessions Judge (FTC) No. 4, Kamrup, at Guwahati.
“38. Regarding allegation Nos. (1), (2), (3) and (4) that the accused persons made conspiracy for causing sabotage activities in public places and for that purpose a large consignment of arms, RDX and other deadly explosives have been dispatched to Assam and they have also been tasked by the ISI to carry out a series of explosions on the Manali-Leh Highway in Jammu & Kashmir to cut off military supplies and thus waging war against the country and made conspiracy to create communal disturbance between Muslims and non-Muslims, the I/O (Investigating Officer who happened to be DSP Debendra Deka) has stated that after interrogation of the accused persons he came to know that the accused persons were members of Harkat-ul-Mujahideen and Harkat-ul-Mujahideen is an organization under ISI and their aim is to get freedom to Kashmir. Accused Salim is the ‘Amir’ of Harkat-ul-Mujahideen and he made entry of Indians in Harkat-ul-Mujahideen and thereafter they were sent to Pakistan through the Bangladesh border and trained under ISI. Thereafter they were returned to India and engaged them in illegal activities. On 14.8.99, accused Salim admitted before him that he kept some explosive substances in the house of Abdul Jabbar of village Rajsahi of Bangladesh. As per direction of the Superintendent of Police, Salim called Abdul Zabbar in telephone from Special Branch Head Quarter. Salim asked Abdul Zabber to send those explosive substances to India. Accordingly, he directed the police in Siliguri to apprehend the person along with the explosive substances. Police of Siliguri seized the articles but failed to apprehend the accused. Then on permission of the court, he seized samples of explosive substances from Bhaktinagar PS. In his cross-examination he admitted that ‘Amir’ is an Urdu word and he did not know the actual meaning of it. He did not record the statement of accused Salim u/s 164 CrPC. Previously there was no record in their police station alleging that he carried explosive devices to India from Pakistan by the Indian making them the members of Harkat-ul-Mujahideen. He admitted that he had not made any General Diary Entry (GDE) regarding taking of accused Qari Salim to Special Branch HQ. To show Abdul Zabbar of Bangladesh is the owner of telephoneNo. 0721 760562 and to show that the telephone No. 561484 is of IGP, Special Branch, he has not collected any material. He has admitted that he did not inform the Government of India or Border Security regarding entry of explosive substances to India from Bangladesh. He informed D.K. Kundu, DSP (CID) Siliguri by telephone. But regarding this telephonic message, he has not made any GDE and he has not mentioned the telephone No. in the record. He has further admitted that in Exhibit-6 it is not mentioned that the articles were seized on the basis of his information. In Exhibit-6, it is mentioned that the seized articles were unclaimed articles. He has admitted that he seized the articles from SI D.N. Barman at Bhaktinagar PS. He does not know wherefrom Bhaktinagar police seized those articles. Relating to seizure of those articles, no police station case was registered. Bhaktinagar PS GDE No. 508 was made and in that GDE these accused persons were not shown as accused. He has further admitted that the seized articles were not examined by any expert. He has also admitted that he had not obtained any permission from any court to keep the seized articles in the malkhana and those seized articles were not seen in the court.”
“39. In support of seizure of Bhaktinagar PS, prosecution has examined Prosecution Witness (PW) No. 5 Sri Sukumal Choudhury, PW 10 Sri Satish Ch. Kundu and PW 13 Sri Sadhan Kr. Bhowmik.
PW 5 has stated that on 19.2.2000 he along with DSP Panbazar Divison Sri Debendra Chandra Deka went to Bhaktinagar PS. Sri Deka seized some sample of explosive substances from ASI Sri B.N. Barman. Sri Deka also seized some certified copies of documents from Inspector Sri M.C. Gope, which is Exhibit-7.
PW 10 has stated that on 19.2.2000 he was working as SI of police at Bhaktinagar PS. On that day I/O of this case seized samples of some material from ASI Sri B.N. Barman which were kept in malkhana in connection with Bhaktinagar PS GDE No. 508 dated 15.9.99. In his cross-examination he stated that he cannot say whether those materials were RDX or not. He has no knowledge about RDX. Those materials were not sent to an expert. He could not say on what condition those were kept in the malkhana.
PW 13 has stated that on 18.2.2000 he was posted at Islampur V.V. under CID, West Bengal. On that day I/O of this case Sri. Deka seized some documents from their office. In cross-examination he has stated that the seized articles were lying at Bhaktinagar PS as unclaimed. He has no knowledge regarding those unclaimed articles.”
“40. From evidence of PW 5, PW 10, PW 13 and PW 14, it cannot be connected that the materials which were kept at Bhaktinagar PS in connection with Bhaktinagar PS GDE No. 508 are explosive substances, that those were sent by Abdul Zabber of Bangladesh as per direction of accused Qari Salim, and that the accused persons have any relation with those articles.”
“41. Regarding the other allegations such as the accused persons are members of Harkat-ul-Mujahideen, the accused persons sent some youths to Pakistan for training, the accused persons made conspiracy for waging war against India and to create communal disturbances between Muslims and non-Muslims of Assam, the accused persons are deputed by ISI etc, no of the prosecution witnesses have made a single whisper supporting the statement of the I/O.”
To cut a long story short, the prosecution failed to prove every single charge against the accused except illegal entry of two foreign nationals, Fasihullah and Billal Mian, into India without valid documents, that too, because both the accused accepted those charges upfront.
On 12 June 2008, almost 9 years after being arrested, Sayed Fasihullah Hussainy was convicted under Section 14 of the Foreigners Act 1946 and sentenced to undergo 5 yrs of rigorous imprisonment and to pay a fine of Rs. 1000.00 only. On the day of the judgment, Fasihullah had long served out his sentence as it was to be set off against his detention as an under-trial under Section 428 CrPC.
He was, like the other accused in the case, acquitted from the other charges and to be set at liberty.
But this wasn’t the only case against Fasihullah where judgment was pronounced that day.
Special Operations Unit (SOU) Case No. 01/99 under Sections 120(B)/121/121 (A)/122/124/153(A)/34 of IPC.
Sayed Fasihullah Hussainy was also made an accused (along with Javed Wakar, Maulana Hafiz Akram and Qari Salim) in the SOU Case No. 01/99 corresponding to GR Case No. 3719/99 under Sections 120(B)/121/121 (A)/122/124/153(A)/34 of IPC.
The case, as claimed in the chargesheet arose as a result of arrest of some accused in connection with the Dudhnoi PS case No. 67/99 and Fasihullah was shown-arrested in the case registered in the Special Operations Unit PS of the Assam Police.
The charges were almost identical to those of the Panbazar PS Case which I have extensively dwelt on above. The case went on trial as the Sessions case No. 222(K)/04 in the Court of the Additional Sessions Judge (FTC) No. 4, Kamrup and 19 prosecution witnesses were examined during the trial.
On 12 June 2008, Smti. C.R. Goswami, Additional Sessions Judge (FTC) No. 4, Kamrup pronounced her judgment along with that of the above case. I quote below the most relevant portions of the 25 page judgment.
“30. …..Except the I/O none of the prosecution witnesses have ever stated that the accused persons are the members of any unlawful organization and they are making any conspiracy against the Government of India or they have done any act to create hatred amongst the Muslim and non-Muslim population of the state.
…..Though in the FIR it is stated that the Muslim youths were sent to Pakistan, Afghanistan, Bangladesh or other countries for arms and explosive training, but the prosecution has failed to adduce either the documentary evidence or any oral evidence to show that any of the accused or any other persons was sent to any other country for any training.
…..Further, in this case, accused Fasihullah, Qari Salim, Maulana Hafiz Akram and Javed Wakar were shown-arrested. But for the same offences they were already arrested in connection with the Panbazar PS Case No. 321/99 and they were tried in the said case. For the same offence a person cannot be prosecuted twice. Further, none of the seized materials of this case are produced by the prosecution before the court.”
“33. In view of the above discussion, I hold that the prosecution has failed to prove any of the allegations leveled against the accused persons beyond all reasonable doubt.”
“34. Hence, the accused persons are acquitted and set at liberty.”
Interestingly, accused Javad Wakar, who was claimed to be a Pakistani in Panbazar Case No. 321/99 was claimed to be an Indian in this one.
In Guwahati, there was another case in which Fasihullah was made an accused in and shown-arrested. This was the Paltanbazar PS Case No. 284/99 corresponding to GR Case No. 3361/99 under Sections 121(A)/123/147/148/307/353 IPC, read with Section 25(1)A/27 of the Arms Act, read with Sections 10/13 of the Unlawful Activities Prevention Act 1968. This case, however, never went to trial and was inexplicably closed vide FR No. 398/2000 and the same was accepted by the Chief Jusdicial Magistrate, Kamrup.
But this wasn’t all. Fasihullah and Javed Wakar were also made co-accused and shown-arrested in the Dudhnoi PS Case No. 67/99 in the district of Goalpara Assam.
Dudhnoi PS case No 67/99 under Sections 120(B)/121/121(A)/122/153A of IPC.
Sayed Fasihullah Hussainy (along with Javed Wakar and another accused), was made co-accused and shown-arrested, in the Dudhnoi PS Case No. 67/99 corresponding to GR Case No. 503/99 under Sections 120(B)/121/121(A)/122/153(A) of IPC allegedly on the confession of an accused, one Muslim Uddin, arrested in the Dhubri PS Case No. 208/99.
The charges against them were almost identical to those in the cases registered against them in Guwahati, of waging war against India, conspiring to create communal unrest etc.
This case went on trial as the Sessions case No. 72/2006 in the Court of the Sessions Judge, Goalpara. In all, 18 prosecution witnesses were examined during the trial. Delivering a 29 page judgment on 12 August 2010, Shri M.K. Bhattacharjee, District Sessions Judge, Goalpara was scathing in his criticism of the prosecution. I reproduce below, select portions of that judgment.
“25. On consideration of the testimony of aforesaid 17 numbers of witnesses, as disussed above, I did not find even an iota of material under any of the charges under which the present three accused were facing trial. Witness after witness came and deposed pleading their complete ignorance about any kind of occurrence or activity of the accused. It was indeed difficult for me to comprehend as to why the aforesaid persons were cited as witnesses and through them, what the prosecution actually wanted to prove. The charges leveled against the accused are of extreme serious nature, like criminal conspiracy to wage war against the state and attempt to wage war against the state. If the investigating agency, or for that matter the prosecution, seriously believed the charges to be true, they ought to have collected at least some evidence worth the name.”
“31. It was clear from the testimony of the I/O that the search and seizure was made in the house of accused Muslim Ali on 25.08.99, on the basis of input received from Special Branch. The documents seized (Material Exhibit 61 & 62) admittedly contained some names, phone numbers and writings. But there was absolutely nothing on record to indicate that follow up action was taken or for that matter any investigation was done to find out the persons named in Material Exhibit 61. The seizure appeared to be made as a ritual…..”
“33…….For the sake of convenience let me reproduce the following part of the cross examination of the I/O (PW 18): I did not make any personal effort to collect the antecedents of the accused. I did not make any enquiry to find out the antecedents of accused Fasihullah. I have no explanation as to why I had not tried to find out the antecedents of accused Fasihullah. I did not know that there was a case against accused Fasihullah that there was a case against accused Fasihullah for violation of Passport Act and Rules. I did not make any effort to find out whether accused Fasihullah is a member of Harkat-ul-Ansar. I have never made any communication with the Ministry of External Affairs, Government of India.”
“37……There appeared absolutely no evidence in this case that accused Fasihullah Hussainy was moving from one place to another with any other accused of this case, far less to speak of recovery of any arms and ammunition etc either from his custody or from the custody of any other accused. There was absolutely no proof of any overt act being committed by any of the accused who are facing trial.”
“42. In view of the above, I am constrained to hold that the prosecution has miserably failed to prove any case under Sections 120(B), 121, 121(A), 122 and 153(A) of IPC against the accused facing trial, far less to speak of proving the case beyond reasonable doubt. Accordingly, accused Md. Abdul Baten Khan, Fasihullah Hussainy and Javed Wakar @ Md. Musaffa are acquitted and set at liberty. Accused in custody shall be released if not wanted in any other case.”
As there were no more cases pending against Sayed Fasihullah Hussainy, an order for his release and deportation through appropriate authority was issued along with the judgment acquitting him of all charges.
Rather than complying with the order, the Government of Assam invoked the National Security Act the same day vide Detention Order No. GC. 25/2010/2 to prevent Fasihullah from being released and deported.
Thereafter, Fasihullah was again made co-accused in two more cases, Goalpara PS Case No. 511/10 and Latasil PS Case No. 134/10, both registered on 30.07.2010 and shown-arrested in both.
The Goalpara PS case No. 511/10 was registered on the basis of a FIR dated 30.07.2010 received from Sri. Bibal Ch Das Bedi O/C E/12 CRPF Goalpara informing the SHO, Goalpara PS that 5 CRPF personnel were killed and 40 were severely injured when an IED blast badly damaged their bus (Registration No. AS 01 Y 2408) while returning from the Rangagarh Firing Range. The incident was reported to have occurred near Nirmala Hospital at Bhalukduba, Salbari at about 7:50 am.
The Latasil PS Case No. 134/10 was registered on the basis of a FIR lodged by Deputy Commandant, Border Security Force at Guwahati that hardcore NDFB cadres of the Ranjan Daimary faction had entered Guwahati with the intention of carrying out attacks in the city on the eve of Independence Day celebrations. In an operation carried out on the basis of this, the Central Publicity Secretary of the NDFB (Ranjan) was apprehended along with 2 women cadres.
Thus, if the Assam Police is to be believed, Sayeed Fasihullah Hussainy, who was in jail continuously for 11 years since 1999, had somehow not only exploded an IED killing 5 and injuring 40 CRPF personnel in Goalpara, but also had somehow planned with the NDFB to carry our strikes in Guwahati, all sitting in jail.
The intention was obvious, to prolong Fasihullah’s detention even further with ludicrous charges. He, however, moved the Honourable Gauhati High Court to have both these charges against him quashed.
Meanwhile, the Government of Assam, had appealed in the Honourable Gauhati High Court against Fasihullah’s acquittal in the Sessions Case No. 222(K)/2002 and Sessions Case No. 248(K)/2004.
It was while awaiting verdict in these from the Gauhati High Court that fate made us cross each other’s paths again.
In the 20 days Fasihullah and I spent together in the Ward 3 of the Guwahati Central Jail Hospital, we not only debated or swapped stories, but also shared every meal. The best years of his youth have been spent fighting charges that invites death sentences as punishment. The least I could do when he turned 44 on 7 May, 2013 was to have a special treat prepared for him.
I told him many times that if he had come to harm my nation, I would have had him vigorously prosecuted, but at the same time, I would have accorded him every dignity and right the Constitution and our laws ensures such an accused. At the same time, I wouldn’t abuse the laws to prosecute and harass an innocent just because he happens to be a Pakistani. And, if anyone intended harming him there in our Ward in retaliation to the attack on Sarabjit, he would find me barring the way of any such attackers in everyway I could, even having to fight physically with my shattered legs. But I wouldn’t have been the only one who would have stood up for him. Having spent 14 years in several jails in Assam, Fasihullah could now speak Assamese beautifully, with a lilting accent. And in this period, he has also earned the respect and affection of many.
On the evening of 17 May 2013, news arrived that my release orders have come. As I was about to leave, we held each other in a tight hug, and Fasihullah, in a chocked voice whispered to me, “Go in peace my friend. Go and find your tigress. I will come some day to see your house full of children. Allah aap ko salamat rakkhe.” I couldn’t speak. There was a lump in my throat that wouldn’t just go away. I left moist eyed, vowing to myself that I will do everything in my means to see that this man gets home to Karachi. After all, 14 years is a long time to be away from home, away from his loved ones.
As I reached the Jail Office to conclude the formalities for my release, being carried on a stretcher, I learnt that the Guwahati High Court had, that afternoon, quashed both the new cases against Fasihullah and rejected both the appeals against acquittal that the Government of Assam had filed, upholding the verdict of the trial court. The orders had not yet reached the jail authorities, but the news had certainly arrived. I was elated.
Today, it is one month to the day that all the cases against Sayed Fasihullah Hussainy stands disposed, pronounced not guilty of any of the charges of being an ISI Officer, a member of Harkat-ul-Mujahideen, a member of Harkat-ul-Ansar or of waging war against India. Yet, he is still waiting to be sent back home to Karachi.
When I bid him farewell, I came away with a vow to relentlessly fight for a world where his unborn children and mine could live in peace, without the shadow of mutual suspicion and enmity destroying their futures. This is the first step towards that effort.
Summary of cases against Sayed Fasihullah Hussainy and verdicts (pdf)
_________________________________________________
On 6 November 2013, Sayed Fasihullah Hussainy was finally repatriated to Pakistan via the Wagah border. I could locate and contact his family in Karachi thanks to the intervention of a generous friend, eminent human rights activist and former federal minister of Pakistan, Ansar Burney.
After he had reached home, Fasihullah called me to express his gratitude. He was reunited with his family even though his father is no more.
chanakyasneeti.wordpress.com 
I Wish Someday All I Could See Is Humanity Prevail In Every Part Of The World. Hats Of To The Author
While going through the story of suspected Pakistani ISI officer who was actually not that one,I felt developing a confidence on the Indian courts of justice. Both governments need to create an environment of love,affection and confidence among their people. I appreciate the AMAN KI ASHA which is struggling hard to cut the gulf between the two nations.
In spite of many flaws in our criminal justice system, India’s courts still deliver justice, refusing to be swayed by prejudice of ideology, religion, ethnicity or nationality and going by only ‘evidence’. It did not fail to deliver justice to Sayed Fasihullah Hussainy. But, it must also be remembered that it took more than a decade. Also because the accused had competent counsel.
Now you started writing for Pakistanis also? I never saw you writing for Sarabjit Singh who was killed while you were being bashed in the jails of Guwahati for your fraudulent activities. You never wrote for thousands of Indians rotting in Pakistani and Bangladeshi Jails, tortured and tormented every moment. People like you are a danger to the security of the nation. You want to make a living keepint the National Security of the nation on Stake. Shame on you.
There are a few things I would want to say to you in my reply:
First, Sayed Fasihullah Hussainy stands acquitted of all charges against him. And that is the verdict of INDIAN courts. If we had clamoured for the release of Sarabjit Singh, even after Pakistani courts had found him guilty on charges of terrorism and handed him a death sentence, why is this hypocrisy of not speaking up for a Pakistani man pronounced completely innocent by the INDIAN courts? That apart, it is unlawful to detain someone like this, even a Pakistani.
Second, what have you done for Indians rotting in Pakistani and Bangladeshi jails that you dare to preach me? Forget Indians in Pakistani and Bangladeshi jails, what have you ever done for Indians unlawfully rotting in Indian jails?
The least I do is write about injustices that I have witnessed myself, regardless of the ideology, religion, ethnicity or nationality of the sufferer. Unlike you.
And last but not the least, I have already begun to expose how absurd the allegations against me are :
DO you have a reply to that? Of course not. Actually it isn’t that the truth is not known to you. It is just that it irks you immensely that a man whom you happen to ideologically hate refuses to succumb and disappear. As to who really are a danger to national security, it is people like you who wallow in communal hatred and blind nationalism.
First, No doubt, even if he was acquitted by the Indian courts, a Pakistani who is a citizen of a hostile nation has no job in India. If he was an ISI agent, he would hardly leave any trail of evidence behind him. He is bound to be acquitted. But this kind of propaganda by people like you will demoralize our security personnel which might destabilize the national security scenario by encouraging more Pakistani agents to infiltrate into India.
Second, I have written and campaigned more than you did in this article for your Pakistani brother for my Indian brothers who are rotting in the Pakistan prisons. So, this article of yours is not going to make any impact. However I thought that anything of this sort should be outrightly condemned and hence my comment.
No doubt there will be false positives. A few among the number of agents captured might not actually be agents. But this sends a right signal to the hostile nation. Do not send your people to India unless they come in a diplomatic delegation or are a well known personality. Anybody can be a ISI agent, whoever comes to India. Security Agencies will have to do their jobs, without listening to your propaganda.
The allegations against you are all because of your Karma, the sins which you commit every single day, by betraying your brethren and creating falsehood through the Internet.
Dear Saumya Purkayastha,
First, in your ‘josh’, you have forgotten what ‘acquitted’ by Indian courts mean. And, if our investigating agencies are so incompetent as to not be able to find any evidence of Fasihullah Hussainy being an ISI Agent (The charge-sheet claimed ISI Officer), why blame the courts or ISI? By the way, are these same agencies so competent to find evidence against Ishrat Jehan on the basis of which the ones akin to your ideological bend claim her as a LeT member? If security personnel are competent, they will detect and arrest infiltrators. If not, they need to be sacked and replaced by more competent ones. I am unwilling to leave the safety of my nation in the hands of people who are so incompetent as to be unable to even prove an ISI agent as one. But these ridiculous claims of yours should not detract from the fact that it is unlawful to detain any person without charges when the courts, the final authority in upholding our laws, says that he should be sent home. We are a democracy and we fortunately have a judiciary whose standards aren’t tainted by the malice and paranoia of rabid communal bigots like you who cloaks their prejudice and malice behind false claims of patriotism.
Second, empty words don’t mean a thing. Offer proof of where and how you have campaigned for your ‘Indian brothers’ rotting in Pakistani prisons. Is that why you don’t even have a verified list of your ‘Indian brothers’ rotting in Pakistani prisons? (LOL)
Third, fortunately, the Indian judiciary isn’t interested in my Karma, nor does it recognize sins. It functions on the basis of evidence.
I have just one thing to say to you.
Patriotism cannot be acquired by ‘internet marketing’. Nor can, even wisdom, for that matter.
With Warmest Regards,
Nilim Dutta
First, I understand what acquittal by Indian courts mean as good if not better than you do. Courts give verdicts on the basis of evidence and your argument in the case of competence of Indian intelligence are invalid and derogatory.
There is a fundamental difference between LeT and ISI.
The LeT terrorists like Ishrat Jahan etc. are Jihadi Fidayeens who are working for a bigoted ideology for which you seem to have a deep appreciation somewhere within. The phone intercepts have been put forward by Aaj Tak and Headlines today between top Lashkar operatives and this group of terrorists. The chief of IB Mr. Asif Ibrahim has on records claimed that all these intercepts are corroborated by the FBI and are true. David Headly had told the FBI that Ishrat was a Fidayeen recently hired in a group which had 5 targets to assassinate. There are several other evidence like the Jamat Ud Dawa writing about Ishrat as their fidayeen and then retracting the statement after 3 years saying it was a “journalistic mistake” without giving any explanation of how that mistake happened first of all. Journalistic mistakes can be some misquotes of facts but not a completely false story. So, their retraction is nothing but laughable.
On the other hand ISI is a National Intelligence Agency of Pakistan, who operate on a professional way with the same ideologies and are much more trained and lethal. They know how RAW, Mossad or CIA operate and do not commit the mistakes with their Jihadi counterparts commit. The are not driven by “junoon” most of the times like their Jihadi counterparts are. They would never use phones to communicate. In case they do, they could use satellite phones or some kind of VOIP which cannot be tracked by Indian Intel. As I told you, they are aware of the Intelligence procedure and maintain extreme secrecy. Most of the arrests of the hostile Intelligence operatives are on the basis of suspicion and it could be a difficult task for the Intel to get any evidence on them, because they rarely leave any trail of evidence behind them.
And lastly, patriotism and my profession are two different traits of my character. Digital/Internet Marketing is my full time job so that I have some decent money in my pockets to pay the bills of hotels in which I stay and do not land up in jail breaking my legs, unlike you. You are not qualified enough to judge my wisdom. I will NOT give you any proof of what I have campaigned and I will not even publish them to anyone else, because I have not done this for any kind of appreciation, reward or award, unlike you who seems to be politically motivated to spread falsehood and propaganda for some selfish reasons.
BTW, can you kindly tell me why your secular Govt. had arrested you and kept you in jail for 4 months? Why are you not demanding the Chief Minister’s resignation for the same? Your heights of hypocrisy is evident from this. Get well soon, both physically and mentally. Peace be upon you. 🙂
Dear Saumya Purukayastha,
Considering how much you know regarding how ISI Agents function, I am beginning to wonder whether you are one. (ROFL)
Also wondering whether such ‘ISI Training Modules’ are being imparted through ‘internet marketing’. (more ROFL)
You will not give any proof of your campaigns and writings for your Indian brothers rotting in Pakistani prisons precisely because you have none. (ROFL)
Kebal hawa hai.
You said, “I will not even publish them to anyone else.” I wonder have you even published them to yourself in hallucination? (LOL)
And the allegations against me are as fake as your claims of patriotism. (Or shall I say, evidence of my crimes are as scare as the evidence of your claimed acts of patriotism for your poor Indian brothers rotting in Pakistani prisons.) (Again LOL)
As to what happened to me, I repose my faith in the same Indian judicary to set right the wrongs. I didn’t say the CM instructed my persecution, and whoever did shall be made to account for it lawfully, for which I have already initiated measures for appropriate judicial remedy.
I understand that Digital/Internet Marketing is your full time job and Patriotism your part time hobby. (ROFL)
With Warmest Regards,
Nilim Dutta
Be careful, you might hurt your ankles again rolling on the floor laughing again and again. BTW your excitement makes evident your state of mind.
Everybody knows how security agencies like RAW, ISI, CIA or Mossad work. It is neither a friction, nor I need to join any of these agencies to understand their working.
You could relentlessly criticize Narendra Modi, for 10 year old riots which he controlled in minimum time with available resources despite neighboring Congress ruled states declining support to control the riots. The various courts, including the Supreme Court has acquitted him of any kind of administrative lapses during the riots. This order came after the SIT, CBI and several Central Govt. Investigating agencies and enquiry commissions did not find any proof against him. If BJP was in the Central Govt. communal bigots like you would have claimed that the investigation was influenced. But how could the central govt. agencies not find an iota of evidence even though they report to the opposition? And still you baselessly talk against him.
On the other hand, while you can accuse Narendra Modi keeping the aforesaid facts in mind, why can’t you accuse the CM for your arrest although he was not directly involved in it? In case a single police official was involved in the riots, you will not miss the chance to train your guns against Modi, arguing that the police officer is a part of the Modi govt. Why in your case, this argument becomes invalid? Was the police officer not a part of the govt. although it was not done in the behest of the CM? Either you are too hypocritical or you have actually committed the crime due to which you are not ready to go all out against the govt. although you believe that the police has wronged you.
Also, why your sympathy can only be noticed for one community? What about the Lakhs of Kashmiri Pandits who are living in refugee camps since decades in their own country? The kind of injustice which has been done to the Kashmiri Pandits in their own land (The land of Rishi Kashyap) is probably the most inhuman in the world. But communally motivated individuals like you will not care to talk about that.
I know my comments are driving you crazy due to which you are acting like a foolish retard through your comments. (Not ROFL, just smiling). 😉
Dear Saumya Purukayastha,
So now the cat is out of the bag? That this debate is not about facts but about my relentless critique of Narendra Modi which is difficult for you to digest?
First, if everyone knew how espionage agencies like RAW, CIA, ISI works, they wouldn’t remain espionage agencies. But then, you are the expert here. (ROFL)
Second, does your Digital/Internet Marketing also involve marketing lies?
1. You claim, “The various courts, including the Supreme Court has acquitted him of any kind of administrative lapses during the riots. This order came after the SIT, CBI and several Central Govt.”
Fact: The Supreme Court of India DID NOT ACQUIT MODI on the basis of the SIT Report. Left it for the trial court to decide, leaving it open for justice to be pursued all the way up to the Supreme Court again.
2. Modi isn’t being accused for his culpability for police officers being involved in riots. Modi is being accused because he is believed to have organized the riots and then prevented the police from stopping the violence. I guess you haven’t heard of Mayaben Kodnani, Babu Bajrangi etc. I wonder how a minister in Modi’s cabinet got convicted for rioting and murder?
Third, I speak up for people who have faced injustice, regardless of their religion, ethnicity or nationality. If you had been around as long as I have been on twitter, you would have known I have spoken up for Pandits enough times, that they have been treated in a shameful way. At the same time, I have also always ripped apart hypocrites like you who would see Hindu victims but would label the entire Kashmiri Muslim population as terrorist or traitors.
I can see who is being driven crazy. 😉
With Warmest Regards
Nilim DUtta
I am sure you might have met lot of Indians belonging to the community of people whom you hate in the jail. I bet, one or the other out there might be wrongfully imprisoned, but such communal you are, you bigot, that you will not talk about any of them. You like to talk about Pakistanis and Bangladeshis, for whom you have a special kind of love in your heart. I do not understand the cause, but this is a matter of investigation for the intelligence agencies.
Dear Saumya Purukayastha,
First, I do not ‘hate’ people, let alone ‘hate’ anyone for belonging to any community. There lies the differences between you and I.
Second, yes, I have met quite a few people whom I have massive differences with. For instance, NDFB Chairman Ranjan Daimary. But the difference is ideological, not personal enmity. So, we could talk like two sane mature people and I was upfront about my differences with him.
Third, as to your insinuation about not helping any Hindus who might be wrongfully imprisoned, let me disappoint you again. Among the four people whose cases I have immediately taken up, 3 of them are Hindus and all 4 of them are Assamese. To me what they are, whether Hindus or Muslims or any other, it doesn’t matter. Yes, unlike you, who has just empty words to show for what you do for others, I have even posted their bails and pledged support in getting them justice through appropriate judicial remedy. And unlike you, who can’t provide proof of claimed support or accomplishments, I will even provide Names, Case Numbers, Court Orders etc.
Fourth, please tell the intelligence agencies whatever you want investigated. I am sure they are dying to oblige you. (ROFL)
With Warmest Regards,
Nilim DUtta
P.S. I read in your twitter bio that you are a blogger too. Curiosity led me to google. I couldn’t find any proof of your writing there for your Indian brothers rotting in Pakistani prisons. But I did learn about your passion for Chinese Masala Dosa. Since China and Pakistan share a cosy relationship, may we demand your poor brothers rotting in Pakistani prisons be allowed to eat Chinese Masala Dosas? 😉
First, I do not understand whether you are actually foolish or trying to act in that way. It is very obvious from my comments that I meant that people know that the intelligence agencies operate in a very sophisticated way and hence, leave apart common people, it is even difficult for one security agency to track another one.
The Ahmedabad Metropolitan Magistrate declared on April 10th, 2012 that the Supreme Court-appointed Special Investigation Team had not found any evidence for prosecuting Gujarat Chief Minister Narendra Modi and top bureaucrats and police officers and recommended that the investigation in the 2002 Gulberg Society massacre case be closed.
In its reports, the SIT had dismissed Mr. Bhatt as an unreliable witness on several grounds: He had been silent for nine years; he had “an axe to grind” against the State; his language on what Mr. Modi said was not exact; he had tried to tutor witnesses; and his claims about attending a meeting called by Mr. Modi for 10. 30 a.m. on February 28, 2002 had been belied by his call records which showed he was in Ahmedabad at that time (Mr. Bhatt told The Hindu, two meetings took place on February 28, 2002, one in the forenoon and the other in the afternoon).
The SIT also said Mr. Bhatt’s presence at the February 27 meeting had not been corroborated by other participants.
The amicus(Supreme Court), agreed with the SIT its findings. He accepted the SIT’s conclusion that Haren Pandya could not have been present at the February 27 meeting. He also accepted the SIT’s conclusion, “with regard to the steps taken by Chief Minister Shri Modi to control the riots in Ahmedabad.”
On the other hand there are several evidence against Teestha Seetalvad for creating false propaganda against Modi.
Modi is believed to have organized the riots? Now you stepped on your own trap. Now you agree that it is a belief which is proven wrong by the courts.
BTW Narendra Modi had demanded for hanging of Kodnani when she got life imprisonment. If a couple of ex members of his Govt. are involved, does it mean even he was involved?
Do you know more than 20 people from the Congress Party were charge-sheeted in the Gujrat riots? But when it comes to the involvement of its own party cadre in the killings, 10 Janpath maintains a deafening silence. Even when confronted by a long-standing ally from the freedom movement days, the Jamiat Ulama-i-Hind.
According to the JUH, “most Congress corporators” and some Congress leaders of Gujarat had actively participated in last year’s riots.
Mahmood As’ad Madani, JUH general secretary told The Times of India: “We wrote letters to Congress president Sonia Gandhi, gave a list of Congress leaders involved in the riots, asked her to take action against them but to no avail.”
On April 29, 2002, for example, the JUH received a list of 25 Congress leaders from its Gujarat chapter, which was promptly forwarded to her. This included a former Congress minister, a sitting MLA and a former MP.
Then on August 20, Madani reminded Gandhi: “Similarly our appeal forwarded to you in respect of involvement of Congress MLAs, corporators and workers in Gujarat carnage along with the list of culpable names remains disregarded.”
When contacted by TOI, Ambika Soni, in-charge of Gandhi’s office, said she was not aware of the correspondence. Ahmed Patel, Gandhi’s political secretary, to whom copies were marked by the JUH was not available for comment.
The JUH insists it had accurate information from the ground. For instance, its Gujarat branch had written to the police commissioner of Vadodara city on March 21 that, “After the Godhra incident an urgent meeting of the activists of the BJP, VHP, RSS and Bajrang Dal was held under the leadership of Yogesh Patel (MLA)… Chinnam Gandhi (Congress corporator)… They had alloted the activists their jobs, they made a plan and instructed the activists to carry out this work without any fear and told them that they would get full support of police officers.”
The Gujarat JUH had mapped the Congress leadership even at the district level. Mehsana and Patan districts’ list has 8 names of Congress leaders including local MP Atmaram Patel as having played a “negative role.” A fax message sent on May 1 from Mehsana has this against Patel’s coloumn: “Still has not come to help Muslims; taking sides in favour of a criminal person of Sardarpur and Ladoi village.”
A list of 15 from Anand is headed by a secretary of Gujarat youth Congress. But to be fair to the Congress and the JUH, the report is all praise for the “positive role” played by Patan MP Pravin Rashtrapal.
JUH secretary N A Farooqui says: “The Congress has committed sins of omission and commission during the riots. Former MP Ehsan Jaffri had called up Sonia Gandhi for help. She didn’t take a strong stand in her subsequent visit to Gujarat. The local bodies were mostly headed by the Congress which could have done a lot for relief and rehabilitation, but it was all left to the NGOs.”
Though Farooqui maintains that the JUH “has not severed its relationship” with the Congress, the party’s ambivalence has led to debates within the Muslim intelligentsia over which political formation is best placed to defend the country from the danger of communal division.
Would you say that Congress is responsible for the riots?
Dear Saumya Purukayatha,
Kindly stop peddling lies.
First, the Supreme Court refused to acquit Modi of culpability even though the SIT wanted to because the Amicus Curie said there is enough evidence to prosecute him. Period.
Second, in your previous comment you claimed Supreme Court had acquitted Modi. Is that why, it was left for the Ahmedabad Metropolitan Magistrate to again say that there wasn’t sufficient evidence? Aren’t you contradicting yourself with the lies? By the way, a Metropolitan Magistrate’s word isn’t the final word and a ‘Protest Petition’ against the closure and the court has admitted it and hearing it. Why not state these truths?
Third, Gujarat had closed the cases against Mayaben Kodnani. It was reopened only after the Supreme Court ordered reinvestigation and then, finally investigated, prosecuted and convicted. Mayaben Kodnani was a mere MLA when she carried out the ghastly mass murders. Modi rewarded her with a ministerial berth in his cabinet. We all know why. So Modi whose government even closed the cases against her suddenly wakes up after 11 years to demand her hanging? How opportunistic can someone get? Isn’t that because Modi now needs to don secular garbs for his bid to be PM?
It is when lie after lie stands exposed you need to write ever longer replies, again full of lies and obfuscation.
With Warmest Regards,
Nilim Dutta. 😉
You have taken 4 cases, but you found it important to blog about your Pakistani friend first and put the other 3 in backseat?
You are the likes of Teestha Seetalwad against whom there are hundreds of evidences, courts have slammed them again and again and yet they carry on their propaganda.
In case you want some facts on Teestha, who did not get tired accusing Modi baselessly, committing perjury, threatening and bribing witnesses etc., please read this blog and check the various documents, videos, affidavits, cases and charges – http://teesta-setalvad-evidence.blogspot.in/2011/12/evidence-against-teesta-setalvad.html
Lets see, if you can rebutt each of these documents. Till now you could not present a single meaningful argument. You live in illusion, far away from the factual world.
Dear Saumya Purukayastha,
First, Fasihullah Hussainy’s story is an extraordinary one. Acquitted of all charges of terror and sedition brought against him. And every single day he spends in detention is a miscarriage of justice. It was imperative to write about him and demand his expeditious release. But since when has Modi bhakts like you understood meaning of ‘justice’?
Second, the others have not yet been acquitted by the courts but I believe in their innocence because of the evidence available. Hence, I have taken up the fight for them.
Last but not the least, it needs a little bit of cognitive ability to recognize ‘meaningful argument’. It is my civility that compels me to reply to your comments, however ludicrous. It for the other readers to decide who has been coherent.
That what began as protestations against my speaking up for a Pakistani prisoner has turned to your unending paeans to Modi speaks volumes aout what has been meaningful and what has been not. 😉
Also, time is slowly proving who are living in illusion.
With Warmest Regards,
Nilim Dutta
P.S. By the way, I am still awaiting your consent to ask for Chinese Dosas for our poor Indian brothers rotting in Pakistani prisons. :p
Now, you are playing the game of calling the truth as lies. FYKI, all the facts taken above are directly from 2 reputed newspapers, The Times of India and The Hindu. The truth would not become untrue if you tell that its a lie.
Indeed you are the biggest liar trying to manipulate the facts. I have provided all the dates, you can find out from the court judgment itself. I can post the link of the newspaper articles and the judgment, if you are not capable of googling them out.
Yes, it is the right of people to file protest petitions, review petitions etc. but the problem is that, IPC does not strictly punish people who wrongfully file these petitions to waste the time of the court, because of some vested interests.
Why are you spreading the lies that the Gujarat Govt. had closed the case of Maya Kodnani? Show me one article or report which says so. The investigation was ongoing and it was the same Supreme Court appointed SIT which gave a clean chit to Narendra Modi, which performed the investigation against her and Babu Bajrangi. Can you tell me who was answerable for the Nelli Massacre and the Sikh Massacre. Not only answerable, people from a particular political party were directly involved in the Sikh killings!!!
Why don’t you answer about all the evidence and videos against Teestha Seetalwad and that disgraced cop of Gujarat, whose wife fought elections from Congress ticked and lost badly?
And what makes you say Narendra Modi is Anti Muslim? Can you rebutt any of the facts below?
1. 2012 Election: 31% of Muslims voted for Modi. 2013 by election. Gujarat has 8 Muslim majority MLA seats. 6 of them are won by BJP. Is this not called a Muslim support or that those voters are not true muslim?
2. In the last 6 decades of history, the ONLY communal riot-free 10 years was under Narendra Modi’s rule.Out of the 6 major communal riots of Gujarat, Congress was in power during 1969, 87, 89, 90 and 92. Forget charge sheets, no FIRs exists on records. But for 2002 riots under BJP govt, 200+ Hindus arrested and 150 serving life sentences.
3 Those who parade 2002 riots as “anti Muslim” BJP policy, do not question 1964 Bihar, 1980 UP (Moradabad), 1969 Gujarat (Ahmedabad), 1983 Asom (Nellie), 1989 Bihar (Bhagalpur), 1993 Maharashtra (Mumbai), 2013 Dhule (Maharashtra). All these had the so called Secular Congress governments.
4. After the 1984 Sikh slaughter in Dilli, Rajiv Gandhi brushed off the death toll with “big Tree Falls” speech. Why no Human Rights group speak against late Rajeev Gandhi? Why his name is not taken by congress leaders in the same breath as Mr Modi?
5. Gujarat’s Maulana Vastanvi: “The community that benefited most from Modi’s inclusive development, is that of Gujarati Muslims”. Added to it, Maulana Mehmood Madani of Jamatul Ulema e Hind said: “Compared to other states, Muslims in Gujarat are much happier”. Are these people not noted islam scholars? Many of muslims from other parts of the country are ignorant and thus remain gullible to be exploited at the hand of opportunist politicians.
6. Maharashtra’s ex IGP SM Mushrif to Milli Gazette paper: “Today the most safe place for Muslims is Gujarat”. Kerala’s VV Augustine, member of NationalMinority Commission: “Poor Muslims’ economic status in Gujarat has improved the most. How can I deny that?”
7. In Sabarmati Riverfront Project, 13000 families got displaced. 68% were Muslim. But every one of them is provided apartment now. Modi did NOT discriminate there.
8. Gujarat’s Haj quota is 3500. But now 41000 applications already in place. Shows how Gujarati Muslims have become financially well off than the rest of the muslim in the country. Can we prudently compare the pathetic states of muslim in other states, ruled by secular forces? Muslims form less than 10% of Gujarat’s population. But 18% of RTO registration of 2 wheelers are by Muslims. Their 4 wheeler registration also is higher than the population. 12% police are Muslims. 10% of Government jobs held by Muslims.
9. Finally, Gujarati Muslims are more well off financially and much safer in 2013, than EVER in their history. Still Modi is labelled as anti-Muslim? Mr.Modi believes in “Development of all;Appeasement of none!! Secular cards are played by those whose ambitions are higher than their capabilities.
You are mental ability and IQ stops you from understanding any of the ‘meaningful arguments’ and from agreeing to any of the established facts presented above. However if you come out of your hallucination and think in a sane way, you will get my point.
Any person who is not mentally deranged like you, would easily make out from this entire chain of comments about who is in illusion or trying to play a viscous propaganda, which could indeed be a part of a larger and more dangerous design. And a few simple Google searches would unfold the truth for everyone.
P.S – I will send you a Chinese Dosa, next time you go to jail. And this time the police will break your bones real hard because you had been writing so much against them.
Dear Saumya Purukayastha,
Your lie No. 1: You claimed that the Supreme Court had acquitted Modi.
My reply: It did not. It left matters open for the trial court. The trial court has not yet pronounced its verdict on the petition challenging closure. So, until it does so, any claims to the contrary made by you are just that, lies.
Your lie No. 2: “Why are you spreading the lies that the Gujarat Govt. had closed the case of Maya Kodnani? Show me one article or report which says so.”
My reply: Well, I am not only showing, but even quoting The Hindu’s Report of 28 March 2009 below: (And you have yourself certified The Hindu as a reputed newspaper) which clearly said that the case against Mayaben Kodnani was closed by Gujarat police. It was reopened by SIT. You stand exposed as a LIAR here.
“More than 105 people, including about 95 in Naroda-Patiya alone, were burnt alive. Some of the women victims were allegedly physically assaulted before being thrown into burning fire and several houses ransacked and set afire by a mob. Ms. Kodnani then was a member of the Assembly from Naroda and Mr. Patel State general secretary of the VHP.
Some of the police complaints filed by the victims soon after the carnage said Ms. Kodnani, Mr. Patel and a few other sangh parivar leaders were seen among the crowd, “instigating” them to attack Muslims. Ms. Kodnani and Mr. Patel were also accused of “distributing” swords and other lethal weapons.
The police, during initial investigations, however, did not find any “evidence” against these persons and closed the investigations with “A” summary, indicating lack of evidence.”
The link is here: http://www.hindu.com/2009/03/28/stories/2009032855351500.htm
And how safe Gujarat is for Muslim is soon going to be revealed by the CBI on the extrajudicial killings of Ishrat Jehan.
The link is here: http://tehelka.com/amit-shah-rajendra-kumar-ordered-ishrat-jahan-encounter/ … …
As far as the anti-Sikh Riots in Delhi in 1984 is concerned, many Congress leaders are responsible and Rajib Gandhi can’t escape the culpability for what he allowed to happen. I am no apologist for Congress like you are one for Modi.
As to the Nellie Massacres of 1983, it was the AGP government who closed all cases against the accused. And we all know who AGP was in alliance with.
Last, but not the least, YOU LIED about how much you did for Indians rotting in Pakistani prisons.
I need not say more.
With Warm Regards,
Nilim Dutta
P.S. I won’t need the Chinese Dosa. You can send it to Mayaben Kodnani and Babu Bajrangi. And may be, to even Amit Shah soon. 😉
Let me refute all your lies one by one.
Your Lie – The Supreme Court has left the matter open for the trial court.
Truth – The Supreme Court’s verdict asked the trial court to decide whether Mr Modi’s role in the riots needs to be investigated, because it has not found any merit in the complain. Generally a case goes from the lower court to higher court, but in this case the opposite happened! Mind you, this is not for the trial court to decide whether Modi is guilty or not, but whether any further investigation is required even to prove the culpability of any person from his office.
Gujarat Police had closed the investigation, maybe because some of the police officers were involved in the riots due to religious sentiment! This does not mean that they had Modi had instructed them to close the investigations. Hindus and Muslims had equally participated in the riots. Hindus across party lines killed Muslims and Muslims from across party lines killed Hindus. People were divided into 2 religious groups during the riots rather than parties. 25 Congress leaders were prosecuted by a local court in the Gujarat riots.
When it comes to the involvement of its own party cadre in the killings, 10 Janpath maintains a deafening silence. Even when confronted by a long-standing ally from the freedom movement days, the Jamiat Ulama-i-Hind.
But when it comes to the involvement of its own party cadre in the killings, 10 Janpath maintains a deafening silence. Even when confronted by a long-standing ally from the freedom movement days, the Jamiat Ulama-i-Hind.
The Gujarat JUH had mapped the Congress leadership even at the district level. Mehsana and Patan districts’ list has 8 names of Congress leaders including local MP Atmaram Patel as having played a “negative role.” A fax message sent on May 1 from Mehsana has this against Patel’s coloumn: “Still has not come to help Muslims; taking sides in favour of a criminal person of Sardarpur and Ladoi village.”
A list of 15 from Anand is headed by a secretary of Gujarat youth Congress. But to be fair to the Congress and the JUH, the report is all praise for the “positive role” played by Patan MP Pravin Rashtrapal.
JUH secretary N A Farooqui says: “The Congress has committed sins of omission and commission during the riots. Former MP Ehsan Jaffri had called up Sonia Gandhi for help. She didn’t take a strong stand in her subsequent visit to Gujarat. The local bodies were mostly headed by the Congress which could have done a lot for relief and rehabilitation, but it was all left to the NGOs.”
And as you have brought forward the Terrorist Ishrat Jahan case, let me put forward a few pages of facts in the next few comments!!!
Let me know if you need any of the links!
Why do you want Dosa and all, your friends in ISI should be feeding you with different beef preparations!
And yes, below is the truth about Teestha Seetalwad who had been trying her best to malign Modi since a long time:-
Making money or being rich is not a crime! But what can be called for making money on the name of dead and using it for personal luxury and kids’ pocket money?
In a fresh revelation, it has been exposed that social activist Teesta Setalvad, her husband Javed Anand and her NGOS ‘Citizen for Justice and Peace’ and ‘Sabrang’ Trust, have used and are using funds which were donated for the riot victims. Those donations were largely made by the Muslim community for the Muslim brethrens killed in riot.
After the analysis of these financial figures, it has emerged how Teesta Setalvad become rags to riches after 2000 Gujarat riots. A person who was not in a position to deposit even Rs. 500 in her account continuously for two years (From 1st Jan,2001 to 31st Dec,2002), could managed to get deposit of Rs. 1.49 crores in her account and Rs. 92.21 Lakhs into her husband Javed Anand’s account after Gujarat 2002 riots. Statement of financial transactions of Teesta Setalvad and her NGOs, obtained through the Right to Information has revealed this bare fact.
Notably, large amount is transferred from the trust account to her own account and in the accounts of other family members and her NGOs. How the activist who shows sympathy for riot victims, can make such inappropriate financial transactions is the question remained.
Another question arises that, does Teesta Setalvad swallow riot victims’ money?
It is noteworthy that on the eve of the Gujarat Riots anniversary day in February this year, the residents of Gulbarg society have warned her to distribute funds collected for the ‘Museum’ and ‘memorial of Victims of communal violence’. Gulberg residents were furious and fed up with the motives of Teesta Setalvad milking from the Gujarat riots for several years.
Read: Gulberg residents warn Teesta : Distribute funds collected for riot museum
Teesta’s NGOs swallowed Money…How?
The financial documents revealed by the Sources have reveled that all the money in above mentioned personal SB-accounts of Teesta Setalvad and Javed Anand at IDBI have been invested in Fixed Deposits, shares and mutual funds such as ICICI Prudential, Reliance Capital, Kotak Mahindra, Franklin Templeton etc.
Interestingly, the ‘Sabrang’ Trust has only three trustees namely Teesta Setalvad, Javed Anand and Amili Setalvad (Teesta’s sister). Milking from the riot victims’ money goes to the extent that Teesta Setalvad, Javed Anand takes Rs. 40,000 each per month as salary from Sabrang Trust. Even Teesta’s daughter Tamara Setalvad gets her pocket money in kind of salary of Rs. 7,500 per month from Sabrang Trust. It seems that it is a family trust though registered for public cause; say the sources monitoring NGO activities.
Trustees taking monthly salary from the public trust neither permissible nor heard in any other case. Best example of siphoning of money taken for public cause from this trust.
Financial transactions say…
The availed financial transactions show a surprising thing that CJP’s FCRA account No. 01404000204736 (with IDBI Bank’s Khar branch) state that the total Foreign donation received by Teesta’s trust from 12.04.2007 to 04.06.2013 is Rs. 95,195,40. More surprising is this foreign donation money is transferred to the accounts of Teesta Setalvad, Sabrang Communication, and CJP’s normal account. (See Table-A)
Details amount transferred from FCRA accounts of Teesta Setalvad’s both Trusts
Amount transferred to From FCRA account no 01404000204736 of CJP From FCRA account no 369102010802885 of Sabrang Trust
Teesta Setalvad 645296 19,77,462
Sabrang Communication 242976 33,43,153
CJP- SB Account NO-014104000105705 of IDBI 3042772 0
Javed Anand 0 19,20,025
Tamara Setalvad 0 71645
Self Withdrawal 110000 12,00,000
Total 4041044 85,12,285
Riots to donations, activists’ accounts swelled up…
The data uncovered by the Sources show a swelling trend into the accounts of the Social activists. The data shows that the personal bank accounts in which not a single penny was deposited for two years, have over flooded after year 2002.
Teesta Setalvad’s SB-Account no 369102010003883 maintained with Union Bank of India shows that total amount deposited from 01.01.01 to 31.12.01 is NIL – total amount deposited from 01.01.02 to 31.12.02 is NIL; but the huge amount of money started pouring in after 1 January 2003. Total amount deposited from 01.01.03 to 31.05.13 is none less than Rs. 1,49,44,851.
Teesta Setalvad’s SB-Account no 014104000142595 maintained with IDBI Bank, shows huge amount deposited from 30.04.05 to 30.05.13 is Rs. 61,48,536.
Similarly the Secular idol Javed Anand’s SB-Account no 369102010006884 maintained with Union Bank of India gets flooded with Rs. 92,21,191 after 1 January 2003. Javed’s SB-Account no 014104000142601 maintained with IDBI Bank also states that Rs. 36,23,981 got deposited from year 2005 to 2013.
Even, Rs. 3,52,213 are deposited in Teesta’s daughter Tamara Setalvad’s bank account from February 2011 to March 2013.
Total amount received by Teesta Setalvad in her SB account of IDBI and Union Bank is Rs. 2,10,93,387 and similarly hubby Javed is having Rs. 1,28,45,172 in his accounts, the Sources reveal.
After reading those facts one gets confused about how such huge amount of Lakhs and Crores of rupees was attracted by Teesta and her NGOs. This was the money with sentiments of thousands of Muslims donated for the rehabilitation of their brethrens. But the financial data revealed by sources just show that the money donated for the victims actually has rehabilitated the social activist couple who used the entire 2002 Gujarat riot episode to vilify Gujarat CM Narendra Modi and the saffron forces.
Various experts in NGO sector and financial sector have termed the case of foreign donations tranfered to personal accounts as a ‘serious offence’ under the FCRA regulations of the Home Ministery.
It is reported that Teesta is refusing to comment on all those financial gambles.
Hatred, In the name of Peace
Teesta Setalwad has bagged several national-international awards in the name of her ‘work’ and ‘advocacy’ for the Gujarat 2002 riot victims. From last thirteen years in the name of ‘Peace’, Teesta spewed venom on the saffron forces. After the 2002 Gujarat riots Teesta became highly active and her NGO became instrumental in filing various cases against Gujarat Government regarding the Gujarat riots in 2002. Main target was Gujarat CM Narendra Modi who at that time was trying to rebuild his state after a devastation caused by the 2001 Gujarat earthquake.
From last thirteen years in the name of ‘Peace’, Teesta spewed enough venom on the saffron forces using every communication channel.
After the 2002 Gujarat riots Teesta became highly active and her NGO became instrumental in filing cases against the Gujarat Government regarding the Gujarat riots in 2002. The main target was Gujarat CM Narendra Modi who at that time was trying to rebuild his state after a devastation caused by the 2001 Gujarat earthquake. Posing to be the ‘messiah’ of the Muslim community, all of a sudden, a brigade of rights activists appeared in the scene to demonise Modi.
Teesta tried every possible way to entrap Modi. Her former aides like Rais Khan Pathan and witnesses like Yasmeen Shaikh ans Zaheera Sheikh have exposed Teesta Setalvad’s conspiracy to demonise Narendra Modi and portray him as a key conspirator behind the 2002 riot in Gujarat in which both Hindus and Muslims were killed. Another important thing to be noted is that for as many as 4 years after the 2002 riots, Teesta’s sole petitioner Zakia Jafri never make any complaint against Narendra Modi. It is only after 2006 that she began speaking against Modi, tutored by the influential ‘activist’ when they saw this as a chance to frame and crucify the biggest fish i.e. the RSS BJP and their development mascot Narendra Modi!
The complaint, filed against Modi and 61 others including Government officials and State Ministers by the wife of late Congress leader Ehsan Jafri who was killed in the 2002 riots , was a bunch of impenetrable factual errors, legal ambiguities and baseless allegations. As the Court procedure geared up, the petitioners cant make them defendable and possible to prove. And this fact is making the Activist more frenzy in the social and Media platforms.
Read:
Put Teesta behind bars: Former aides demand
Teesta Setalvad’s Conspiracy Exposed
Watch Video: A confession by Rais Khan Pathan_ Teesta Setalvad Exposed
Activist who only interested in Witnesses than Victims
On the other side. when realised that the activist is only interested in Witnesses than Victims, Teesta’s one time trusted aide and accused in the Pandarwada Grave Exhumation case Rais Khan Pathan demanded that Teesta should be arrested as she is the main conspirator. He claimed that he and other colleagues were innocent and whatever they have done was on the instructions from the main accused. He demanded that, Teesta should be immediately put behind the bars. They have strongly claimed that, Setalvad is the main conspirator in the Pandarwada case and should be arrested for the investigation like them. They have also confessed that, whatever they have done was only under her instructions and continuous pressure.
All those efforts to demean a BJP Chief Minister like Narendra Modi helped Setalvad to get a prime seat in the UPA government’s directive body, the ‘National Advisory Committee’ which is Chaired by Congress Chief Sonia Gandhi. Sonia Gandhi also conferred Teesta, the joint editor of ‘Communalism Combat’ with the ‘Rajiv Gandhi Sadbhavana award’ in 2002.
Do you smell something burning?
Please check this 1 hour long video which proves with audio records of the LeT that Ishrat and her 3 other terrorist partners had come to Gujarat to assassinate Modi!
http://indiatoday.intoday.in/video/ishrat-jahan-was-a-terrorist-narendra-modi-and-advani-were-on-lashkars-target/1/280008.html
Today, even NDTV admitted that she had come to Gujarat for some “chota mota” blast and not to kill Modi as told by CBI.
The Central Home Ministry not convinced CBI has proof against Intelligence Bureau officer
http://www.ndtv.com/article/india/ishrat-jahan-case-home-ministry-not-convinced-cbi-has-proof-against-intelligence-bureau-officer-385647
The Central Home Ministry stands by their affidavit that Ishrat Jahan was a terrorist
http://news.rediff.com/report/2009/sep/09/centre-stands-by-terrorist-affidavit-on-ishrat.htm
Jamat Ud Dawa, the mouthpiece of LeT published an article on her death, which they suspiciously retracted back after 3 years. David Headly sad told NIA that Ishrat Jahan was a Fidayeen. You will see the proof in the first video. Let me know if you need a dozen more credible links.
If Ajmal Kasab was not captured on camera killing people in Mumbai,terrorist libtards like you would have even claimed his innocence. Why don’t you talk about your friend Ajmal Kasab? Don’t you think the Govt. of India did injustice to him? What about Afzal Guru? Before hanging these terrorists, all the terrorist sympathizers should first be hanged. These terrorists get courage from people like you.
Check what the Home Secretary Pillai had to say – http://www.youtube.com/watch?v=sAJCjxbJodk
First, the leaked tapes of so called audio reports proving Ishrat Jehan was an LeT cadre is something even the Gujarat High Court refused to accept on record as evidence and ordered to be handed over to CBI instead. Also, the intercepted conversations makes no mention of Ishrat Jehan. CBI has already revealed, as reported by other media reports, that these conversations were recorded when the three slain men who were killed along with Ishrat were already in Gujarat Police’s custody. If there are media reports claiming Ishrat Jehan was LeT, there are also more convincing media reports that not only says that she was innocent but also says that Modi and Amit Shah could be involved. Will the media decide or the courts?
Second, there are also not ‘affidavits’, but recorded statements from mid-level to senior police officials, recorded under Sec 164 CrPC and admissible as evidence in court, which says she was innocent and that Modi and Amit Shah were involved in the conspiracy too. We shall see what the Gujarat HC monitoring the investigation and trial has to say.
Third, the NIA had filed an affidavit before the Gujarat High Court on 12 May 2011 that rubbished media reports that David Hadley has provided any evidence of Ishrat Jehan being a :eT terrorist. http://www.dnaindia.com/india/1542579/report-nia-rubbishes-reports-that-david-headley-spoke-about-ishrat-jahan.
Fourth, I have no friend called Ajmal Kasab. Or for that matter Afzal Guru. But, I certainly raise questions about the manner in which Afzal Guru was hanged. And that is because of a sense of something called ‘justice’ which is incomprehensible to many like you. Fortunately for India, it doesn’t function by your standards of justice which is nothing but labeling anyone you disagree with, can’t win an argument over, or simply fool by your lies, as terrorists
Fourth, Union Home Secretary, Mr. Pillai made that comment on the basis of what was provided to him by the IB at that moment. He was certainly unaware of how were, the so called evidence, obtained.
Thank You Very much Mr.Nilim Duta for your role in Keeping records straight in case of S.Fasiullah-case. I don’t find proper words to explain my thoughts and thanks to you in this regard.
I, as pakistani & muslim respect your unbias attitude & your Courage to speak about Truth with proof without any fear.
As we know that all 5-fingers are not equal, even in a family of 5-sons,it is not necessary that all of have same thoughts & views on a single topic.
I just want to make some ease in this on going blog discussion that now a days Media trials are continued unabated bcz it does’nt take too much time to come on air While Court proceedings & findings involved lot of efforts and take much time for final verdict.
I was not aware of your work or name till I read news today about Fassiullah_Case in local news paper(The News.Karachi) but now I’m fully aware about your work that is Most dangerous work, very special people do in their Life time and that is “Speak Truth” with “Courage” some times we called them “Mujjnoo”,fearless people want to play with danger does’nt care that himself & his own loved ones would pay the price of his Courage,as I said earlier that These are “VERY SPECIAL PEOPLE” you can’t compare them with coward,hiding behind computers, people like “ME”.simply I would say that you are a son of a courageous mother & salute to her that you belongs to her