Professional Documents
Culture Documents
AFFIDAVIT
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5. I say that here at about 10 AM, I met officer Mr. Sawant who had
apparently traveled to Surat to trace the ownership of a LML
Freedom two wheeler and I questioned him as to what had
happened to my vehicle and why you are asking about it. I say that I
it was at this point time, Mr. Sawant told me that my vehicle had
been allegedly planted with the explosives and subsequently
detonated in Malegaon in the last week of September. I also say that
it was here for the first time, I came to know that my old vehicle had
been allegedly used in Malegaon blast, which was completely
shocking to me. I confirmed to Mr. Sawant that the LML Freedom 2
wheeler of the colour and number, he mentioned had once belonged
to me.
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8. I also say that Mr. Sawant however informed me that he did not
believe me and that I would have to accompany him and his ATS
team to Mumbai for further interrogation and he assured me that
after such interrogation I would be free to go back to my ashram.
10. Thereafter for two days I was detained and interrogated by the ATS
team in Mumbai. The questions were repetitive and directed at
somehow involving me in the bomb blast in Malegaon on 29.9.2008.
My answers remained constant throughout.
11. I further say that on 12.10.2008 the ATS changed the mode of
interrogation and became extremely aggressive with me. At first
they asked my said disciple Mr. Bhimbhai Pasricha to beat me with
sticks, belts etc., on my palms, forehands, soles, etc. When Mr.
Pasricha refused to do so, he was severely beaten by the ATS.
Ultimately with the greatest reluctance, he complied with the ATS
orders but obviously being my disciple, he exerted the very
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12. I say that from the 13th onwards, I say that I was beaten during the
day , night and midnight. On two occasions I was even woken up in
the early hours of the morning at 4 a.m. and questioned about my
knowledge of the blasts. On these occasions, I was beaten by a
senior officer having a moustache, whom I can identify. In addition I
was subject to vulgar abuse and obscene language by members of
the ATS team interrogating me. My Guru was abused and my
chastity was questioned. I was physically and verbally traumatized
to the extent that I wanted to commit suicide.
13. I further say that on 14th taken out for the examination at a far away
place from ATS and was brought back in the afternoon and that I
day I had no meeting or even knowledge about Mr. Pasricha.
14. I say that on 15th October, after noon, both myself and Mr. Pasricha
were taken by ATS vehicles to Hotel Rajdoot in Nagpada locality of
Mumbai and were kept in Room Nos. 315 and 314 respectively and
we were made to sign the Hotel Entry register, however, we did not
pay or deposit any money with the hotel manager, which was done
by the ATS.
15. I say that after putting into this hotel I was asked to make phone
calls from mobile No. 94066 00004 and from one more mobile
instrument not belonging to me to speak couple of persons including
one of my female disciple and I was asked to say that I was in a
hotel in Mumbai and hale & hearty and was doing fine. I say that at
that time, I did not know why I was made to say so. I would reveal
the name of my female disciple at an appropriate time.
16. I say that as a result of the custodial violence / torture, mental stress,
anxiety that were developed in the process, I was subjected to, I
developed acute abdominal and kidney pains. I lost my appetite,
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17. I say that I underwent a treatment over here for 3 to 4 days. I say
that as my condition did not improve, I was taken to another hospital
whose name I cannot recall. This hospital consisted of a high rise
building where I was treated for 2 to 3 days. I say that no female
police constable was by my side either in Hotel Rajdoot or in either
of the two hospitals.
18. I say that both at the hotel and the hospitals, I was carried on a
stretcher and my face was always covered with a black hood to
avoid my face from being seen . From the second hospital, I was
brought back to the ATS office at Kalachowkie.
19. I say that I was finally arrested on 23.10.2008 and produced before
the Chief Judicial Magistrate, Nasik on 24.1.2008. I was remanded
to police custody on that date till 3.11.2008. Upto the 24.10.2008
and even sometime thereafter, I was denied access to a Lawyer or
any member of my family. A polygraph test was conducted on me
while I was in illegal detention prior to 23.10.2008. Thereafter a
second polygraph test was conducted on 01.11.2008. On
04.11.2008, after I was remanded to Judicial custody on being
presented before Nasik court on 03.11.2008, I also say that a Narco
analysis test was also conducted on me.
20. I say that both the lie detector test as well as the Narco analysis test
were conducted with out my consent. Never the less all these
investigative tests have only established my innocence in the
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21. I say that this period of 4 to 5 minutes was too short for me to give
complete instructions as to what had transpired from 10th October
onwards, about my vehicle, my stay at Kalachowkie, my illegal
detention, the ill-treatment mitigated to me by ATS men, the beating
job that was forced on my disciple to beat me, but which he carried
out reluctantly, without any force, etc. I say that for this reasons, all
the details had not reflected in the hand written application that was
placed on record by my advocate Mr. Sovani, for paucity of time to
give all these instructions.
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24. I say that While I was thus painted as a sinister mastermind of the
Malegaon blasts, a role which has now been subtly reassigned by
the ATS to Lt. Col. Purohit – crippled and vulnerable as I was by the
detention, abuse and torture, I could not protest my innocence. Nor
was I allowed access to family, friends and Lawyers who could have
done so.
26. I say that the ATS has caused blatant violations of my human rights
and I should get a justice and they need to be adequately dealt with
as per the provisions of law.
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e) that a report be called for from the ATS for the reasons of my
admission in two hospitals ( Shusrusha an another) and the
medical treatment undergone by me at the said two hospitals
;
f) The ATS be directed to disclose the reasons for my stay at
Hotel Rajdoot at Mumbai.;
g) For such further and other reliefs as may be fit and proper in
the facts and circumstances of the case.
ADVOCATE
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