Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.

» Home
Thursday, April 18, 2024

President Must Now Intervene In Lt Col Purohit's Case

Posted in: Criminal Law
Mon, Jun 21, 21, 16:31, 3 Years ago
star star star star star
5 out of 5 with 1 ratings
comments: 0 - hits: 4346
President of India is the supreme commander of the Armed Forces of India and whenever any soldier or officer of Armed Forces is made to suffer immensely without any valid reason

It goes without saying that President of India is the supreme commander of the Armed Forces of India and whenever any soldier or officer of Armed Forces is made to suffer immensely without any valid reason, he must step in and speak up vociferously for the rights of the concerned soldier or officer as is his obligation also as enshrined in our Constitution. What has happened with Lt Col Purohit is most astounding and one is left totally aghast, totally ashamed and totally appalled to see how illegally he was arrested, assaulted and brutally tortured for years and years together and even after nine years, the Mumbai ATS which went after his blood for his alleged involvement in a Malegaon blast case on a mosque which left about 4 dead and many injured and which initially even world wide was reported to be the handiwork of Lashkar terror group based in Pakistan could not produce any shred of evidence against Col Purohit which speaks volumes of how strong the case is against the Colonel who has had a distinguished track record and got Army Chief Commendation Card also for his invaluable and commendable service rendered in insurgency hit Jammu and Kashmir region! Yet the reward which he got was: Illegal arrest, illegal torture, illegal detention, illegal trial and illegal jail for nine years which nearly equals the life imprisonment without even charge sheet not being filed against him!

It must be asked: How can the President keep quiet when he is the supreme commander of the armed forces? Our President right now is Ram Nath Kovind who was himself earlier a Supreme Court lawyer known for his impeccable conduct and it is his bounden duty to now step up and ask the Army for explanation as to why an Army Officer whom they themselves planted in Abhinav Bharat which was a Hindu radical organization to gather information was himself declared a terrorist and why for 9 years he was detained in jail and why even charge sheet was not filed against him and why Army did nothing to save his honour from being assaulted by Mumbai ATS? President is not just the titular head but he being the supreme commander of the armed forces ought to speak out whenever an Army soldier or officer is punished without any valid ground and made to suffer worst form of torture which cannot be ever justified on any pretext whatsoever!

Needless to say, we all know how Mohammad Aamir Khan kept fighting for years and was wrongly kept in jail for 14 years before he was granted bail as he was acquitted in all the terror cases that were wrongly filed against him. Similarly we also saw how in another case an Army Officer named Lt Col Prasad Shrikant Purohit was kept in jail for more than 9 years even though the charge-sheet was not filed against him and he is still a serving Army Officer and this can only be labelled as worst judicial murder and police murder!

To put it mildly: Why was evidence not produced in court for nine years if there was any evidence? Under no circumstances can this be ever justified. Had it not been a legal super giant named Harish Salve who is the highest paid lawyer of India and who is also former Solicitor General of India who represented India even in the high profile Kulbhushan Jadhav case in ICJ against Pakistan perhaps Lt Col Purohit would have been rotting in jail even after 14 years just like Mohammad Aamir Khan for which the whole Indian Army must feel terribly ashamed that an honest and upright serving Army Officer was falsely implicated by Mumbai ATS and even former Defence Minister Manohar Parikar had conceded that wrong had been done with Col Purohit and asked Army to hand over documents and copies of court of inquiry to him so that he could come to know what all was there in it. Army must feel terribly ashamed over it that it did not hold the hand of an honest and upright officer like Lt Col Purohit and instead cooperated fully with Mumbai ATS to brutally assault him which cannot be justified under any circumstances! It was only the sheer elegance with which eminent lawyer Harish Salve fought the case of Lt Col Shrikant Purohit that he managed to get bail after being in jail for 9 years!

It must be pointed out that Lt Col Purohit's another counsel Shrikant Shivade of Bombay High Court rightly said that Section 197(2) of CrPC prevents court from taking cognizance in absence of valid sanction if act is done by a member of armed forces in due or purported discharge of official duty as Purohit was and is. He read from a military officer's document to say, There is no record to suggest Purohit was not operating as he was expected and trained to, and in the line of duty as every other military intelligence ... would do. The officer has infiltrated.... Underground outfits through his capabilities and go-getter attitude, said another document. Why then was no sanction taken in his case?

On January 17, 2009, such a sanction was issued by the Additional Chief Secretary of the Maharashtra Home Department. Shivade, however, has maintained that under the UAPA, the state law and judiciary department, which is the sanctioning authority, has to constitute an appropriate authority and seek its report first. In his case, the sanction was given in January 2009, but the authority was appointed only in October 2010. Shivade has thus maintained that the sanction in Col Purohit's case thus, was not valid under the UAPA!

It cannot be just glossed over that Shivade then also said that IPS officer the late Himanshu Roy who had an impeccable reputation of being an honest IPS officer in Nasik had written that Purohit shared vital and sensitive of information with police which proved of help. He added that NIA in its chargesheet had doubts on recovery of RDX and said recovery itself becomes suspect as ATS (Mumbai) may have planted RDX traces to implicate him and other accused. Also, Col Purohit's counsels Shrikant Shivade and Neela Gokhale have argued in all past hearings that by meeting other accused persons and participating in conspiracy meetings, Purohit had merely been collecting information and passing it on to the Army. Why then the Army maintained a deafening silence for 9 years makes one wonder how committed Army is towards its brave soldiers and officers who risk their own lives to ensure that India remains safe from terrorists but in this case we see that an Army officer of the stature of Col Purohit is then himself branded as a terrorist? This is most shocking, most degrading and will certainly sully the impeccable reputation of Army if it fails to stand by its soldiers and officers who risk their lives and their future for the organization!

Why such a senior army officer of the rank of Major General and having an impeccable reputation whom we keep listening in most of the news channels speaking always about defence and our national interests - GD Bakshi keeps crying foul on the ghoulish manner in which Lt Colonel Purohit was falsely implicated and he was made a fall guy while the real culprits were allowed to run away? Why Col RSN Singh a retired officer of RAW whom again we keep listening in various news channels talking always about our national interests writes in his cover story titled Col Purohit : A Victim Of Hindu Terror Industry published in Uday India magazine dated March 22, 2014 that:
Look at the distance the anti-national discourse of Indian politics has travelled. A film actor serving sentence for aiding and abetting terrorism is the beneficiary of parole with vulgar regularity and brazenness and Col Purohit, a patriotic soldier continues to languish in prison. His cardinal sin being his infiltration into the network of Indian Mujahideen and its patron LeT. More than two dozen concerned officers have vouched in Court-of-Inquiry that in pursuit of his duty, by no standards ordinary, he had kept the organization in loop. Purohit, in keeping with the imperatives of country's security, shared intelligence with sister agencies including the Maharashtra ATS, which invited him on several occasions to deliver lectures. By now it is clearly established by some prime plotters and participants of 26/11 like Ajmal Kasab, David Headley and Abu Jundal, that a painstaking diligence was invested by the planners to portray the attack as handiwork of 'Hindu terror' organisations. If Ajmal Kasab had not been caught alive the plot had nearly succeeded. It was a sort of divine intervention that Kasab developed cold-feet and failed to destroy himself as per the instruction of his handlers and jihadi indoctrination. The network of plotters included some politicians and journalists in India. Readers may find out who wrote a book, (to apologise later) about 26/11 being a handiwork of Hindu groups and which politician was the chief guest during the release of the book! How can we gloss over all this?

Even as we hear more and more skeletons tumbling out of the closet in police department in Mumbai with the latest being encounter specialist Pradeep Sharma whom NIA arrested just recently, one is left totally appalled, aghast and ashamed to note that those Mumbai ATS police officers who had a direct role in framing Lt Col Prasad Shrikant Purohit as a terrorist and in torturing him for a very long time are still having a free run! The 24-page handwritten complaint details the various kinds of torture that Col Purohit was subjected to. The shocking 24-page letter written by him to National Human Rights Commission in December 2013 which one can read from the website www.pgurus.com exposes shocking details of how terribly he was tortured for weeks by a Military Intelligence Officer and Maharashtra Police ATS team in October and November 2018 so that he could own up wrongly as being the mastermind behind terror attacks that happened in those times as in Malegaon! If what all Col Purohit has written is true then one cannot but conclude that there was a big political conspiracy in cahoots with police to portray attack on Malegaon as attack by so called Hindu Terrorists and all this happened around virtually the same time when Mumbai 26/11 happened in which initially attempts were made by a section in the media to portray it also as attack by Hindu Terrorists but Pakistani terrorists Ajmal Kasab who was caught alive spilled the beans of involvement of Lashkar-e-Taiba and Pakistani handlers which included some from the Pakistani Army also! Col Purohit's case was weakened by this small yet influential section of the media which tried to portray him as a Hindu Terrorist who was seeking to make India a Hindu country instead of depicting how he was trying to expose the dangerous link of politicians with terrorists and no wonder that 26/11 attack took place just few days after his arrest! When Mumbai ATS and Mumbai police starts running after Army officers only without any firm evidence and brazenly ignores the ground reality then such dastardly terror attacks like 26/11 which left more than 200 people dead are bound to happen!

As a corollary, what we witnessed was that this serving, senior Army Officer of the rank of Lieutenant Colonel who had won recommendation card from Army Chief also for his leadership skills and had himself taken part in several counter insurgency operations in J&K as an Intelligence Officer was himself labelled a terrorist by Mumbai ATS and kept behind bars for more than 9 years with charge-sheet not being filed against him for such a long period! If Mumbai ATS had any shred of evidence against him then why did it take more than 9 years to just file a charge sheet. This itself proves that there is more to it than meets the eye!

Truth be told, in his complaint Lt Col Purohit says that he was brutally tortured by Maharashtra ATS officers late Hemant Karkare, Param Bir Singh (the current Thane Police Commissioner) and who was recently embroiled in a huge controversy and we saw how the Apex Court chided him for not trusting the very organization that he had served for 30 years and advised him that those who live in glass houses should not throw stones on others and Military Intelligence Officer Col Rajiv Kumar Srivastav alias RK Srivastav who was then based in Delhi HQ. In his heart-wrenching complaint, Lt Col Purohit also accuses other Maharashtra ATS officers Mohan Kulkarni (then ACP-Mumbai in ATS) and Arun Khanvilkar (then Senior Inspector of ATS) for brutally torturing him for weeks pre and post recording of the arrest on November 5, 2008. Even Times Now news channel had reported this shocking letter soon after it was out in the open.

How a serving Army Intelligence Officer was tortured mercilessly for years and years and for creating a fake political narrative by the then Congress regime is exposing and most revealing in this heart-wrenching letter. A bone-chilling letter written on 23 December 2013 by Lt Col Purohit reveals how the Mumbai ATS was fearlessly torturing a serving Army Officer and how he was stripped, beaten black and blue and threatened to own up a crime that he never committed. One feels most ashamed, most appalled, most aghast and most anguished to see how a serving senior army officer was is still a Lieutenant Colonel in Army was mercilessly tortured for years and years, beaten black and blue to coerce him to confess a terror crime in which he had just absolutely no role to play in flagrant violation of all norms!

Needless to say, we must admit the boundless courage of Col Purohit not to budge to the demands even after this spine-chilling torture by the assault team led by Col RK Srivastava, Hemant Karkare and Param Bir Singh. All rules were thrown to the wind in his case! His case clearly manifests that we are living in rule of jungle and not in rule of law where everything happens lawlessly with Mumbai ATS not being held accountable to anyone whomsoever and Army keeps watching everything like a mute, helpless and powerless spectator instead of coming out vociferously in his support! All the spineless Army Generals who were then at the helm of affairs at that time must feel terribly guilty and ashamed for not doing anything at that point of time to protect the dignity and well being of a serving Army Officer and for allowing the Mumbai ATS to keep a serving Army Officer in jail for 9 years without even filing a charge-sheet against him which speaks volumes for itself as to how strong the case was against Col Purohit and for ill treating him in the worst possible manner!

The manner in which Lt Col Purohit was arrested itself raises serious question marks and clearly points to the diabolical conspiracy that was hatched to ruin his whole life and his whole career! Purohit disclosed that he was picked up from Army Education Service's Training School in Pachmarhi in Madhya Pradesh on October 29, 2008 by Col RK Srivastava with an order from Delhi Intelligence Head Quarters to join with them for a discussion. After issuing a movement order, they took over all his mobile phones and at Bhopal airport, Col Srivastava told him that they are taking him to Mumbai airport. At Bhopal Airport, Srivastava became rude and told him not to call any phones and threatened that they will beat him. At Mumbai airport, Intelligence Bureau officer Sanjeev Garg was waiting with a vehicle to transport Purohit. In the late night when Purohit was transported to a Mumbai interrogation centre and immediately interrogation started and within hours beating started in the presence of Hemant Karkare and Param Bir Singh for days asking him to admit to own up responsibility for the Malegaon blasts.

It cannot be lost on us that it is very clearly pointed out by Col Purohit in para 23 wherein it is stated very clearly, cogently and convincingly that:
I, the complainant further state that the officers of Maharashtra ATS alongwith Col RRK Srivastav have definitely adopted illegal means and unconstitutional measures for entire investigation and have further framed the case by implicating innocents like me. The Army, subsequently has conducted a Court of Inquiry and during the same it has come to light which now stands on record that the period between 29 October 2008 to 04 November 2008, i.e. the illegal detention period of mine was actually utilized for planting evidences, by the ATS Maharashtra Police. It further, besides other documentary evidences, clearly appear that to what extent the officers of the ATS Maharashtra Police have stooped down to fraudulently compile the entire case in addition to inflicting physical and mental torture. The ATS officers and Col RRK Srivastav have shown no respect for the basic human dignity even for the ladies of my family. Insult, humiliation and physical torture have left permanent scar on my mind and body, a treatment probably we Indians shall never ever dish out to our most constant and sworn enemy.

While dealing with the genesis of this leading case, it is then pointed out in para 2 that:
I was officially arrested by ATS Maharashtra Police on 05 November 2008 at Colaba Mumbai and prior to 29 October 2008 I was posted at Army Education Corps, (AEC) Training College and Centre, Pachmarhi, Madhya Pradesh, as student officer undergoing course of instruction in Arabic Language; ALC – 02. I am serving the Indian Army as a Commissioned Officer since 20 August 1994.

Going ahead, para 3 of the letter then states that:
On the morning of 29 October 2008, while I was attending the lectures at AEC Training College and Centre, Pachmarhi, I was summoned by Lieutenant Colonel G.C. Mohanta, Adjutant of the AEC Centre, at around 0900 hrs, and was told that I was to go to New Delhi alongwith Colonel Rajiv Kumar Srivastav, the then Director Military Intelligence 9; (Hereinafter refered as Col RK Srivastav, Dir MI9). Lt Col GC Mohanta, handed me over with a Movement Order, a mandatory document without which no official movement of a person can be carried out in the Army, which was having destination mentioned in it as having Integrated Headquarters of Army (MoD), New Delhi, for interaction with Military Intelligence – 20. I along with Col RK Srivastav, Dir MI-9, were to board the flight from Bhopal, when I was about to leave for Bhopal, Col RK Srivastav ordered me not to carry mobile phone with me and I was made to deposit the same with Lt Col GC Mohanta. I was carrying my Mother's Phone then since my phones were taken by Col RK Srivastav on the intervening night of 24-25 October 2008. My Mother's Mobile Phone, which I was made to deposit with Lt Col GC Mohanta was subsequently handed over to my wife on 30 October 2008. The air tickets for travel to New Delhi were never given to me.

Furthermore, it is then stated in para 4 of this letter that:
The checking-in at Bhopal Air Port was done by Col RK Srivastav. After the Checking-in at Bhopal AirPort, I was told by Col RK Srivastav that we were going to Mumbai and not to New Delhi. Since I was stripped of my mobile phone earlier based on the illegal orders of Col RK Srivastav, I had no mobile phone with me to inform my wife or my mother who were at Pachmarhi about the change of my destination. When I expressed to inform my wife, I was not allowed to use the public phone both by Col RK Srivastav. He threatened to use physical force and of beating me if I tried using public phone booth. It has amounted to illegal detention carried out by Col RK Srivastav. Since I was handed over with a Movement Order for New Delhi, I did not know as to where exactly I was being taken to Mumbai and to which location. Neither did I have any official document to that effect. This act of Col RK Srivastav has amounted to kidnapping. Incidentally no movement order giving change in destination was ever served to me or given to me.

If what Col Purohit is alleging in his letter is true then it is most atrocious and there should have been an impartial enquiry into this whole dirty saga which has enmeshed the clean reputation of the Army to no end! It is not for nothing that Col Purohit had got recommendation card from the Army Chief! It is not for nothing that 76 serving Army Officers have testified about his sincerity and integrity. Even Maj Gen (retd) GD Bakshi and Col RSN Singh who is an eminent former RAW officer as also has experience of Army have all vouched in favour of Lt Col Purohit and have spoken vociferously in his support and expressed their seething anger at the manner in which he was treated!

One feels aghast and most terribly shocked to read in para 9 of Col Purohit's letter that:
After the initial spell of questions and answers, it was Col RK Srivastav, Dir. M19, who suddenly pounced on me from his Chair and initiated a brutal physical assault with vulgest possible abuses about my mother, wife and sister. Col RK Srivastav started slapping me without any respite and also started kicking me all over my body. As if everything was pre-rehearsed and planned the officers of Inspector level, of ATS Maharashtra police besides some constables and head constables got into action and virtually pinned me down to my chair thereby exposing my face to receive blows on my face. Colonel RK Srivastav was kicking me with his shoes on. Till now, the above named officers, especially Mr Parambir Singh who was out of this assault, along with others (officers) got into action and joined Col RK Srivastav in the physical assault. By now my shirt was removed and trousers lowered, Col Srivastav stood firm on my feet so as to make me immobile and frozen to ensure no chance is given to me to take cover from the slapping and kicking which was now taken over by Mr Parambir Singh. Col RK Srivastav and Parambir Singh then started twisting my nipples and pulling hair from my chest. My private parts (my penis) was twisted, my testicles were twisted. Hair from my private parts were pulled, I was made to face hell and nothing else but hell. The session of hitting, kicking, twisting of private parts, pulling of hair continued hereinafter for next almost five to six days. At this very moment I got in to an absolute shock and was totally shattered by this brutal attack. I was broken down to core.

While continuing in the same vein, it is then stated in para 10 of this letter that:
The ordeal continued right till almost up to end of 03 November 2008. Colonel RK Srivastav and Mr Parambir Singh were the main individuals to inflict worst possible physical torture to me along these days with slapping, twisting of private parts, pulling hair, abusing me on my mother, sister, wife and mocking me and my condition. Late Mr Hemant Karkare, who very much was present, almost through was a part of this torture by using dirtiest possible abuses and swore words, suggesting all news ways of physical torture which his officers to include Parambir Singh and two inspectors were prompt to bring in to practise upon me. My shouts, cries, requests, every single word and sighs fall on deaf ears. Col RK Srivastav, then, on 02 November 2008 came up with an order to the ATS officials, the two inspectors in particular to handcuff me so as to avoid efforts to tie me up to the chair. From 02 November 2008 I was kept under handcuffed condition right till 04 November 2008 till around 1600 hrs.

As if this was not enough, it is then more chillingly disclosed in para 11 that, Through out this period of torture, Col RK Srivastav, Mr Parambir Singh and Hemant Karkare were insisting me to own up the crime i.e. the Bomb Blast at Malegaon. All these three, upon my flat refusal for owning up some thing which I not even was remotely concerned, they started threatening me and Col RK Srivastav in particular threatened me that he would strip my mother, wife and sister and make them parade naked in front of me if I did not own up my involvement in crime.

Not stopping here, the letter further damningly reveals in para 12 that:
Mr. Parambir Singh, Hemant Karkare and Col Srivastav then started discussing in front of me, with a sole aim to terrorise me and pressurize me, that they would plant explosives at my residence either at my ancestral house or at my Army Quarters. All this while i.e. from 29 October 2008 right till my official arrest on 05 November 2008, I was not even once allowed to contact my wife, my mother, my minor son or my sister other than for visits to toilet. I was kept in hand cuffed condition tied to Chair and was beaten, slapped, abused and humiliated at will and by any and everyone present in that unknown location. I was in the state of illegal detention, kidnapped, exposed to most brutal torture both physical and mental and I was left totally broken down and traumatized.

Moving on, the letter then reveals in para 13 that:
I was officially arrested by ATS Maharashtra Police on 0010 hrs 05 November 2008. My wife was informed about my official arrest at around 1000 hours on 05 November 2008 by one Inspector Kadam of ATS in front of me over the phone. Little was known to me about the forthcoming second phase of torture which commenced on 06 November 2008 at ATS police station at 'Kala Chawki' Mumbai. Now it was Mr Mohan Kulkarni, ACD of ATS who was the investigating officer of the case then. Under Mr. Mohan Kulkarni was one officer Arun Khanvilkar, Sr Inspector ATS.

Simply put, the letter then further reveals in para 14 that:
I was taken to a room adjacent to the lock-up room, having no windows, totally sound proof and having an A/c machine. At the very entrance itself on the left hand side of the entry point close to the left wall was one 'U' angle firmly embedded upside down in ground and fixed with cement, similar 'U' angle was likewise fixed approximately 8 to 10 feet away in the straight line of the first one. I was stripped down to my underwear with A/c at its lowest possible temperature setting. I was first beaten badly using hands by Arun Khanwilkar. I was slapped, boxed and humiliated using abuses. Arun Khanwilkar then ordered all his subordinates to beat me saying aloud and I quote, See how you feel beating a Colonel of Indian Army. By then I was cursing myself for being alive.

Let me say this upright: If what Col Purohit is saying is absolutely right, then Indian Army has disgraced itself by taking no action against Mumbai ATS who had the guts, gall and gumption to so brutally assault a serving Army officer and make a chilling mockery of our Army. Even the President of India should have spoken up on this. Even the Chief Justice of India should have ordered inquiry by a former Supreme Court Judge in this whole spectacle which has degraded the reputation of Indian Army to the worst possible extent and no wonder that Indian Army is now facing shortage of officers as those who want to join Army are on the decline which is definitely not a good sign for the Army!

We had only heard the then Defence Minister late Manohar Parrikar who conceded that Army had faltered and ordered them to show the records of the court of inquiry to Col Purohit which Army didn't show to him for reasons best known to them! He didn't want to publicly air his views but he conceded that Army should have taken a more proactive stand on it!

As we see, it is then revealed in para 15 that:
Next, I was made to sit on ground between the two 'U' angles, long ropes were tied on my either ankles, the other end of ropes were then made to pass through the upside down embedded 'U' angles and an inhuman pull was given to my legs to stretch it almost up to 180 degree forcefully with a man standing behind me kicking my back and forcing me not to lean backward so as to intensify the pain in groins and thighs. I fainted at one point of time, only to be brought back in senses using cold water in the lowered temperature using A/C.

Adding more to it, the letter then points out in para 16 that:
Once back in senses I was beaten on my feet and palms using a wide belt. I was still in the stretched position. While all this was going on, I was trying to tell Khanvilkar and Mohan Kulkarni who was in presence of others, merely enjoying the torture being inflicted upon me, that I had been operated upon thrice on my right knee and a ligament reconstruction surgery has been carried out having an artificial implant of two screws. Naturally all my shouts and cries were to fall on deaf ears and they did. I do not remember till how long this type of torture continued but certainly it was for three to four days. On fourth or fifth day when during one of the 'stretching sessions' my knee give up and was swollen did they realise something was wrong! The same day evening Khanvilkar and Mohan Kulkarni got an iron pipe erected/fixed in the opposite corner of the entrance of the same interrogation room at the height of around 8 to 10 feet above the ground.

What's more, it is then stated in para 17 that:
Once the iron pipe was fixed, I was tied to the pipe in fly egal position all naked with thick ropes around my wrists attached/tied to pole and my ankles tied together. A thick log was held behind me at my waist level. A man pulling rope tied to my ankle used to release it on orders of Parambir Singh, Mohan Kulkarni or Arun Khanvilkar only to make me hit the log with speed and impact upon my lower back. This too was for at least on two to three days.

As if all this was not enough, it is then further stated in para 18 that:
All this while there is just no count as on how many abuses, abusive remarks towards my wife, mother and sister were hurled by Parambir Singh and Arun Khanvilkar. Mohan Kulkarni never abused me but kept on talking and insulting my wife, mother and sister by talking foul of their characters. My objection whether in words or by my expressions was always replied by brutal beating and slapping.

While further narrating his unending and harrowing saga, the latter then mentions in para 19 that:
During my police custody period, I was taken for my narco analysis test at Bangalore and on returning back, I was told that my father in law along with my lawyer after taking Court's permission were there to meet me. At that particular moment I was being interrogated by Gujarat, Andhra Pradesh, Haryana Police teams jointly. Andhra and Haryana police in particular was forcing me to own up involvement in Hyderabad Mecca Masjid blast and Samjhauta Express blast at Haryana. Suddenly Khanvilkar entered the room, slapped me straight and threatened me that my father and law and lawyer are there to meet me and if I complain of any torture to them I would be killed, eliminated in a fake encounter by him. Similar threats were flowing from Andhra Police and Haryana Police just before Khanvilkar had entered the room.

Most damningly, it is then revealed in para 20 that:
When I was taken to wear my lawyer and my father-in-law were seated, I saw Col RK Srivastava present their besides Arun Khanvilkar. I was allowed to talk to my father in law and lawyer for 5 minutes. Upon their departure, Col Srivastav started abusing and threatening me and I quote, Purohit, I promise you that soon your mother wife and sister will also be put behind bars and henceforth your sons would grow in orphanage. When I asked him not to involve my family and sons in his talk I was once again brutally beaten by Khanvilkar.

Equally damningly, it is then stated in para 21 that:
All throughout I was told, threatened and forced to own-up the crime and every denial of mine made me face beating, abusing insult and torture. Most common threat was of encounter elimination, planting of explosives at my either of the residences and of stripping my mother sister and wife in front of me.

What adds substance to the serious allegations made by Lieutenant Colonel Purohit is then specified in para 22 stating that:
On 24th November 2008 when I was produced in the Hon'ble MCOCA Court at Mumbai Sessions, I gathered my courage to inform the court of my physical condition upon which I was referred to military hospital INHS Aswini at Colaba Mumbai. Various tests carried out at INHS Aswini confirm the torture and trauma. I was not able to move my right ring finger and small finger. I did not have any sensation in my left wrist up to thumb. Both elbows were in severe pain and even till date my right knee is in partially swollen condition. The medical papers are elaborate about the torture. Same were duly submitted to the court.

Above all, it is then very rightly demanded in para 25 that:
With reference to above I state that it is very much necessary and expedient to enquire into violation of human rights as stated herein, in the entire process of investigation; period during which I was virtually kidnapped and kept under illegal detention by Col RK Srivastav in connivance with ATS Maharashtra officers and how the illegal detention period was utilised by them to fabricate the entire case besides trampling the human rights by inflicting bodily harm and mental torture and also by most inhumanly and barbarically abusing the ladies of my family, just to derive hollow satisfaction of discharging of duties at the cost of truth. The officers of ATS Maharashtra Police with Col RK Srivastava of Indian Army have in fact behaved as an organised criminal syndicate while conducting claimed investigation in Malegaon blast case i.e. CR 18/2008.

In conclusion, if what Col Purohit has alleged in his letter to NHRC is true then certainly no amount of compensation whether it is 5 crore or 50 crore or 500 crore or 5000 crore can ever compensate for the endless torture both physical and mental which he faced! He was himself planted by Army to enquire into the activities of Abhinav Bharat but Army has failed to hold his hand at a time when he needed most due to which he stayed in jail for 9 years and for this Army is clearly culpable on this count! This is the worst part. The best part is: He still has unflinching faith in Army and let me candidly admit that had I been in his case I could not have been so generous! It is a fit case for President's intervention and one fervently hopes that President steps in and ensures that justice is not just done but also seen to be done in Lt Col Purohit's case! No denying it!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
Sanjeev Sirohi Advocate
Member since Apr 20, 2018
Location: Meerut, UP
Following
User not following anyone yet.
You might also like
The general principle, is that a FIR cannot be depended upon a substantive piece of evidence.The article discusses the general priciple, along with exceptions to it.
Victim plays an important role in the criminal justice system but his/her welfare is not given due regard by the state instrumentality. Thus, the role of High Courts or the Supreme Court in our country in affirming and establishing their rights is dwelt in this article.
Can anybody really know what is going inside the heads of criminal lawyers? I mean, yes, we can pick bits of their intelligence during courtroom trials and through the legal documents that they draft.
Terrorism and organized crimes are interrelated in myriad forms. Infact in many illustration terrorism and organized crimes have converged and mutated.
Right to a copy of police report and other documents As per section 207 of CrPC, accused has the right to be furnished with the following in case the proceeding has been initiated on a police report:
In terms of Section 2 of the Protection of Human Rights Act, 1993 hereafter referred to as 'the Act'), "human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed under the Constitution
The Oxford dictionary defines police as an official organization whose job is to make people obey the law and to prevent and solve crime
the Supreme Court let off three gang rapists after they claimed a ‘compromise formula’ with the victim and agreed to pay her a fine of Rs 50,000 each for their offence.
benefit those prisoners who are kept in solitary confinement, the Uttarakhand High Court delivered a landmark judgment in the case of State of Uttarakhand v 1. Mehtab s/o Tahir Hassan 2. Sushil @Bhura s/o Gulab Singh Criminal Reference No. 1 of 2014 on April 27, 2018
this article helps you knowing how to become a criminal lawyer
helps you to know adultery and its types
In the landmark case of Manoj Singh Pawar v State of Uttarakhand & others Writ Petition (PIL) No. 156 of 2016 which was delivered on June 18, 2018, the Uttarakhand High Court issued a slew of landmark directions
Scope and ambit of Section 6 of Indian Evidence Act,1872
Victims of Crime Can Seek Cancellation of Bail: MP HC in Mahesh Pahade vs State of MP
State of Orissa v Mahimananda Mishra said clearly and convincingly that the court must not go deep into merits of the matter while considering an application for bail and all that needs to be established from the record is the existence of a prima facie case against the accused.
Yashwant v Maharashtra while the conviction of some police officers involved in a custodial torture which led to the death of a man was upheld, the Apex Court underscored on the need to develop and recognize the concept of democratic policing wherein crime control is not the only end, but the means to achieve this order is also equally important.
20 more people guilty of killing a 60-year-old Dalit man and his physically-challenged daughter. Upheld acquittals of 21 other accused, holding that there was insufficient evidence to establish their guilt. So it was but natural that they had to be acquitted
No person accused of an offence punishable for offences involving commercial quantity shall be released on bail or on his own bond unless
Accident under section 80 under the Indian Penal Code falls under the chapter of general exceptions. This article was made with the objective of keeping in mind the students of law who are nowadays in dire need of material which simplify the law than complicating it.
Nishan Singh v State of Punjab. Has ordered one Nishan Singh Brar, convicted of abduction and rape of a minor victim girl, and his mother Navjot Kaur to pay Rs 90 lakh towards compensation.
Rajesh Sharma v State of UP to regulate the purported gross misuse of Section 498A IPC have been modified just recently in a latest judgment titled Social Action Forum Manav for Manav Adhikar and another v Union of India Ministry of Law and Justice and others.
Kodungallur Film Society vs. Union of India has issued comprehensive guidelines to control vandalism by protesting mobs. Vandalism is vandalism and it cannot be justified under any circumstances. Those who indulge in it and those who instigate it must all be held clearly accountable and made to pay for what they have done most shamefully.
Ram Lal vs. State of Himachal Pradesh If the court is satisfied that if the confession is voluntary, the conviction can be based upon the same. Rule of prudence does not require that each and every circumstance mentioned in the confession must be separately and independently corroborated. Absolutely right There can be no denying it
Joseph Shine case struck down the law of adultery under Section 497. It declared that adultery can be a ground for civil issues including dissolution of marriages but it cannot be a criminal offence. It invalidated the Section 497 of IPC as a violation of Articles 14 and 15 and under Article 21 of the Constitution
Mallikarjun Kodagali (Dead) represented through Legal Representatives v/s Karnataka, Had no hesitation to concede right from the start while underscoring the rights of victims of crime that, The rights of victims of crime is a subject that has, unfortunately, only drawn sporadic attention of Parliament, the judiciary and civil society.
State of Kerala v Rasheed observed that while deciding an application to defer cross examination under Section 231(2) of the Cr.P.C. a balance must be struck between the rights of the accused, and the prerogative of the prosecution to lead evidence. The Apex Court in this landmark judgment also listed out practical guidelines.
Reena Hazarika v State of Assam that a solemn duty is cast on the court in the dispensation of justice to adequately consider the defence of the accused taken under Section 313 CrPC and to either accept or reject the same for reasons specified in writing.
Zulfikar Nasir & Ors v UP has set aside the trial court judgment that had acquitted 16 Provincial Armed Constabulary (PAC) officials in the 1987 Hashimpur mass murder case. The Delhi High Court has convicted all the accused and sentenced them to life imprisonment.
In Babasaheb Maruti Kamble v Maharashtra it was held that the Special Leave Petitions filed in those cases where death sentence is awarded by the courts below, should not be dismissed without giving reasons, at least qua death sentence.
Shambhir & Ors v State upholding the conviction and punishment of over 80 rioters has brought some solace to all those affected people who lost their near and dear ones in the ghastly 1984 anti-Sikh riots which brought disrepute to our country and alienated many Sikhs from the national mainstream
Naman Singh alias Naman Pratap Singh and another vs. UP, Supreme Court held a reading of the FIR reveals that the police has registered the F.I.R on directions of the Sub-Divisional Magistrate which was clearly impermissible in the law.
It has been a long and gruelling wait of 34 long years for the survivors of 1984 anti-Sikh riots to finally see one big leader Sajjan Kumar being sentenced to life term by Delhi High Court
Rajendra Pralhadrao Wasnik v State of Maharashtra held that criminals are also entitled to life of dignity and probability of reformation/rehabilitation to be seriously and earnestly considered before awarding death sentence. It will help us better understand and appreciate the intricacies of law.
Sukhlal v The State of Madhya Pradesh 'life imprisonment is the rule and death penalty is the exception' has laid down clearly that even when a crime is heinous or brutal, it may not still fall under the rarest of rare category.
Deepak v State of Madhya Pradesh in which has served to clarify the entire legal position under Section 319 CrPC, upheld a trial court order under Section 319 of the CrPc summoning accused who were in the past discharged by it ignoring the supplementary charge sheet against them.
It has to be said right at the outset that in a major reprieve for all the political leaders accused of being involved in the Sohrabuddin fake encounter case, in CBI, Mumbai vs Dahyaji Goharji Vanzara
Devi Lal v State of Rajasthan the Supreme Court has dispelled all misconceived notions about suspicion and reiterated that,
Madhya Pradesh v Kalyan Singh has finally set all doubts to rest on the nagging question of whether offences under Section 307 of IPC can be quashed on the basis of settlement between parties.
Dr Dhruvaram Murlidhar Sonar v Maharashtra made it amply clear that if a person had not made the promise to marry with the sole intention to seduce a woman to indulge in sexual acts, such an act would not amount to rape.
Rajesh v State of Haryana conviction under Section 306 of the Indian Penal Code (Abetment of Suicide) is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide.
Nand Kishore v Madhya Pradesh has commuted to life imprisonment the death sentence which was earlier confirmed by the Madhya Pradesh High Court of a convicted for the rape and murder of an eight-year-old girl.
Raju Jagdish Paswan v. Maharashtra has commuted the death penalty of a man accused of rape and murder of a nine year old girl and sentenced him to 30 years imprisonment without remission.
Swapan Kumar Chatterjee v CBI permitting the application filed by the prosecution for summoning a hand writing expert in a corruption case of which the trial had started in 1985. On expected lines, the Bench accordingly delivered its significant judgment thus laying down the correct proposition of law to be followed always in such cases
Sukhpal Singh v Punjab that the inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case. Importance of motive in determining the culpability of the accused but refused to acknowledge it as the sole criteria for not convicting the accused in the absence of motive.
Gagan Kumar v Punjab it is a mandatory legal requirement for Magistrate to specify whether sentences awarded to an accused convicted for two or more offences, would run concurrently or consecutively.
Dnyaneshwar Suresh Borkar v Maharashtra Even poem can help save a death convict from gallows. The Apex Court has in this latest, landmark and laudable judgment commuted the death penalty of a kidnap cum murder convict who was just 22 years of age at the time of occurrence
Himachal Pradesh v Vijay Kumar Supreme court held about acid attack crime that a crime of this nature does not deserve any kind of clemency.
Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC
S. Sreesanth v. The Board of Control For Cricket In India the Supreme Court set aside a life ban imposed on former Indian cricketer S Sreesanth in connection with the 2013 IPL spot-fixing scandal and asked the BCCI Disciplinary Committee to take a fresh call on the quantum of his punishment under the Anti-Corruption Code.
Adding Additional Accused To Invoke Section 319 CrPC Stronger Evidence Than Mere Probability of Complicity of A Person Required: SC stated in Sugreev Kumar v. State of Punjab
Top