By Rehan Ansari, TwoCircles.net,
Mumbai: “While hearing the Gujarat government plea against the repealing of POTA by the POTA review committee, Supreme Court had already decided that the Sabarmati train burning is neither conspiracy nor a terrorist act” Dr. Shakeel Ahmed of Islamic Relief Wing and Association of Protection of Civil Rights said on Friday in a press conference in Mumbai.
He was referring to the judgment of POTA review committee which discarded POTA on the Sabarmati train burning accused and observed that it’s neither a case of terrorism nor any conspiracy and then the Gujarat government went to Supreme Court against the verdict and Supreme Court maintained the same ruling.
L to R-Kishor Jagtap, Dr.Shakeel, IRW, Gujarat,Feroz Mithiborewala, Adv.Yusuf Muchchala, Aslam Gazi
Dr. Shakeel also informed that the accused in jail were so frustrated in these long years of imprisonment that they did not co-operate with the defense lawyer and just wanted the case to be finished at the earliest.
He observed, “Due to non co-operation of the accused, defense lawyer could not put any witness in the case although they wanted to produce Ashish Khetan from Tehelka.”
Referring to wider scope of the case, Dr. Shakeel said it’s not the issue between Hindus and Muslims but the question of Politicians using Police and other government agencies for their political gain.
He said, “It’s not only the Muslims but every weak Indian is at the receiving end of this unholy alliance between Police and Politicians.” He referred the crushing of Sikhs, citizens of North Eastern states, and Tribals etc.
Senior Advocate Yusuf Muchala complained that the issue has been politicized first by the Modi led BJP government in Gujarat and then by the Congress and after that before the Bihar Assembly poll Railway Minister Lalu Prasad Yadav used it.
L to R- Dr.Shakeel, IRW, Gujarat, Feroz Mithiborewala, Adv.Yusuf Muchchala
Comparing Justice Banerjee and Nanvati Shah Commission, Supreme Court Lawyer Yusuf Muchala said that neither of the commissions are judiciary commission. He said, “Nanavati Shah Commission was appointed by the BJP government without the consent of the Gujarat High Court, whereas the then Railway Minister, Lalu Prasad Yadav appointed Supreme Court Judge for the inquiry.”
He further explained the difference that Justice Banerjee report is based on scientific evidence and objective facts which are more reliable whereas Nanavati Shah Commission depended upon oral witnesses.
He elaborated further that the train was stopped twice by pulling chain or due to some technical fault, firstly at the station and then twice after few minutes near cabin A where the train is burnt.
He said there is no difference till the first pulling of chain as both the commissions agreed that it was from inside but the difference arouse at the time of second pulling of chain. Justice Banerjee believed what is called the objective fact that trains are repaired in 1995 so that the Chain pulling is not possible from outside whereas Nanavati Shah Commission believed a confessional statement of an accused who said that he pulled the chain and stopped the train.
Referring to Justice Banerjee commission observation, Nanavati Shah Commission believed that although chain pulling from outside is difficult but not impossible.
Adv. Yusuf Muchala also said that in a chargesheet there is independence evidence to prove that the train is stopped from outside. Banerjee commission believed that if the kerosene was poured from outside then it should lie on the floor and the victims might get burnt from the toes whereas it’s reported that the upper part of the bodies are burnt.
He also mentioned that the case is so dubious that the police have filed nearly 16 supplementary chargesheets. He said, “It’s a criminal case of its own kind whereas the police have filed so many chargesheets because they might not be satisfied with their own theories.”
Feroz Mithiborewala, Aslam Gazi, Kishore Jagtap, Dr. Shakeel, and advocate Yususf Muchchala all demanded people must come forward against these corrupt systems.