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Hunger Strike Of The Prisoner Falsely Accused In
2006 Malegaon Blasts

By Mustafa Khan

24 April, 2011
Countercurrents.org

Of all the nine accused in 2006 Malegaon blasts case and wrongfully arrested Dr
Faroqh Magdumi is the most articulate and learned. He is the Shahid
Azmi of Malegaon for the simple reason that he studied law in the
prison and fought for his bail. After spending more than four and a
half years in prison he announced on March 17, 2011 that he would go
on hunger strike. He started his hunger strike on April 5th and wrote
from Arthur road prison in Mumbai making his reason for taking such
crucial step.

His letter is a gospel of truth written to his family for news
editors. It is so inspiring that it could give birth to radicalism as
well as self sacrifice in the ones who read it discerningly. He says
he has already submitted 300 pages to the court pleading for bail and
exoneration as he is truly innocent. Instead of getting justice he has
been kept in different prisons on different pretexts and thus deprived
him of justice. But in the light of the affidavit that Sajid Shaikh
(pw-3 in the case of the haj house imam Maulana Gulam Yahya) gave to
the judge and the hearing of it on October 30 and 31 2008, and the
affidavit of the approver Abrar who turned hostile, the undeniable
confession of Swami Aseemanand, his innocence has been established
before the world. Therefore it was incumbent on the government to use
the prosecutor to withdraw the case against the nine accused under the
acts of Code of Criminal Procedure 320 and 321and set them free.
Though the National Investigation Agency took over the case on March
26, 2011 it has not registered a criminal case against Aseemanand nor
has it bothered to take the statements of the nine accused. This is
exactly the same mistake that CBI also had committed. This is another
way of delaying justice and delaying justice is denying justice.

According to him the Maharashtra Control of Organized Crimes Act court
judge is a puppet in the hands of the public prosecutor and the
government. He can have only four cases tried at one time. Even if he
gives 2 hours a day he can handle the cases. Presently he is hearing
the cases of 7/11; Aurangabad arms haul case and Malegaon 2006 bomb
blasts case. Although the article 21 of the Constitution gives right
to every prisoner to demand speedy trial and the article also enjoins
the government to set up fast track court for it, Dr Farog contends
that the judge is not taking up the 2006 case in order to deny justice
to the accused.

Let alone starting the trial, the court has not given verdict on his
appeal for discharge. He had appealed the court in 2008 to discharge
him. The hearing started in 2010 and concluded in December 2010 and
yet the court has not given verdict just because during the hearing
his innocence has been proved by the discovery of the involvement of
Hindutva terrorists among other things. And now they are trying to
find out some excuse or the other to delay the release of the nine
accused.

It is the dictum of the Supreme Court that justice delayed is justice
denied and yet Magdumi has to undergo the tribulation in prison.
Therefore he has asked the court in a letter forwarded by the jailer
to the court that the court should give him justice afresh. He also
cautioned the court that if his demands were not met within fifteen
days then for the sake of speedy trial and against the snail speed
pace of the MCOCA court and the prejudicial atmosphere in all these as
well as the callous disregard of the government he would start an
indefinite hunger strike.

Even so the government remained indifferent till April 4th. Hence he
stopped eating from 9 am on Tuesday April 5. He started Islamic
fasting by drinking a little water before sunrise and the same at
sunset. He had already informed the jailer in writing about his
fasting. He would continue it indefinitely. But his condition worsened
on Friday April 9 so the authorities started his medical check up and
started feeding him through sline. This has stopped his fasting but
his abstaining from touching food is also continuing. The jailer has
informed the home department as well as the concerned government
officers. Frog has also been admitted in the prison hospital since
Saturday. He was the shifted to JJ hospital on Wednesday April 13th.
He has resolved to continue his hunger strike until the following five
demands are met.

1. As there is no definite proof against him and the real criminals
have been now identified the government should under CrPC 321 ask the
prosecution particularly prosecutor Raj Thackeray to request the court
for the withdrawal of the case and set the accused honorably free so
that NIA can collect proof against the real criminals without any
hindrance.

2. The Malegaon bomb blasts case 23/6 should be tried and concluded in
three months time. Till then the accord should be discharged under
CrPC 169, 227 and 239 or discharge them through the trial.
3. As the hearing in his appeal for discharge has ended with what the
prosecution and the defence argued, the court should decide in his
favour. Postponing the verdict would be trivializing justice. It is
already a mischief and lethargy to have not given verdict when more
than four months have lapsed.

4. In the light of what Swami Aseemaand, Abrar and Sajid Shaikh have
told to the court the real criminals should be arrested and the nine
accused should be acquitted.

5. For giving justice to the nine accused and speeding up the judicial
process a new fast track MCOCA court should be set up.
He addressed his letter to the editor but did not mention any name of
any newspaper and requested that the content should be made known to
the people.

The religious implication of the fasting is bound to appeal to the
people and produce sympathy wave for him. But there is fear that this
denial of justice could cause serious problems. It is likely to lower
the image of India as far as denial of human rights enshrined in the
Constitution of India itself is concerned. It would also make people
aware that there is double standard in policing the state and the
judicial practice. The real culprits have still not been arrested for
the Malegaon 2006 blasts.

In the meantime Nihal Ahmed and his followers have started mass relay
fasting to protest against the delay in justice. They have also begun
preparation for courting arrest. All this is bad omen for the town if
the government remains obdurate and the apathy continues.

 



 


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