Ten days after seven accused in the 2006
In a memorandum sent to President Pratibha Patil yesterday, with copies to the prime minister, home minister and the National Human Rights Commission among others, Aseemanand also alleged that he had been tortured “on account of my religion”.
“How can my extorted confession that was retracted be taken... to the aid of the
“What a travesty of justice! On one hand a Hindu sanyasi like me is being made to suffer unimaginable and unbearable indignities by investigating agencies and state actors so as to extort my confessions. On the other hand, Muslim accused in the Malegaon case are allowed bail on the stand of the Union Home Ministry and the NIA using this extorted (retracted) confession,” stated Aseemanand.
In November 2010, he had been arrested by CBI officials from Haridwar en route
He said that CBI officials “tortured” him to give 164 statements. He alleged that even in judicial custody CBI and NIA personnel enjoyed free and unregulated access to him. “On occasions even after midnight I was insultingly treated and (accused of) involvement in various blast cases. They also threatened to eliminate my mother, brother, and other relatives if I did not succumb to their demands,” stated Aseemanand, adding that when he was produced before the magistrate in Delhi on December 18, 2010, CBI officials were present in plainclothes and one of them “directed” him to depose “as per his instructions and the typed statement given by him”.
“Because of the immense mental and physical pressure I could not muster enough courage to tell the magistrate that I was making the statement under compulsion.”
He gave graphic details of his “unbearable physical torture” and stated, “They indicated that if I ever failed to tow their line, my mother would be brought from Hubli, I would be subjected to indignities before her after being undressed.”
“While in judicial custody in Tihar jail, I was kept in a cell along with two Muslim prisoners. They knew who I am. I was under traumatic condition and had no courage to resist the threats. I made the statement before the court as desired and tutored by the CBI officials,” said Aseemanand.
He said on January 15, 2011, he was taken to the room of “Dept” Superintendent, Central Jail Ambala, where NIA officials were present.
They gave him draft of the statement and directed him to make the said statement before the magistrate.
“Surrounded by such desperately deadly law enforcement agencies I again succumbed to the dictates of NIA officials and got recorded confessional statement on 15.01.2011 before the Panchkula court,” said Aseemanand, adding that ATS Rajasthan too “forced” him to write an application to become approver in the
“Madam President, my confession was a result of the unimaginable physical and mental torture. This has been retracted. No judicial court has pronounced on my confession one way or the other. How can the accused in the
He added, “Madam President, it is astonishing to learn how after carrying out detailed investigations, and having informed the United Nations and the US about the involvement of Lashkar-e-Toiba and HUJi terrorist behind the Samjhauta blast, the home ministry has taken a summersault and started to rely upon criminally extorted confessional statement, which has already been retracted by me.”