Justice for Lt Col Prasad Purohit

INTRODUCTION :

Friends,
The series of events leading up to the arrest of Lt Col Prasad Purohit, a brilliant officer of Army Intelligence, his subsequent torture in the most inhuman manner and the repeated opposition to his discharge application represents a Kafkaesque misuse of State power unprecedented in the history of Independent India.

A concerted effort is being made for the past several years to somehow fix Lt Col Prasad Purohit to serve the diabolical designs of vested interests who are yet to be exposed. Myself and large number of other patriots are, however, determined to ensure that justice is done to Lt Col Prasad Purohit at all costs. I appeal to all patriotic Indians to rally around the cause of Lt Col Prasad Purohit in the larger interests of our great nation. JAI HIND!
—-   Adv S Balakrishnan (info@justiceforltcolpurohit.org)

TIMELINE :

1. August 2008
Speeches were given by Some leaders of NCP and Congress mentioning that there is a possibility of involvement of Hindus as terrorists in bomb blast cases. This is the first time ever that Hindu terror term is put forth.

2. 29.9.2008
Malegaon blast occured.

3. Fr. 10.10.2008
Arrests in relation to this blast started with Sadhvi being detained.

4. Fr.24.10. 2008
During this period Lt Col Purohit was undergoing a course in Arabic language in Panchmarhi, Madhya Pradesh. Suddenly he was called for questioning in the middle of the night by Col. Shrivastav, who portrayed himself to have been directed to do so by Army Head Quarters.

5. 29.10.2008
Lt Col Purohit was given a movement order (Annexure – 1) which stated clearly that he was to go to Army Head Quarters, Delhi for further assistance. However at Bhopal airport he was relieved of all his personal belongings including his mobile and he was not allowed to contact his family members and taken to Mumbai. Later it was revealed that Col Shrivastav had forged the movement order and in his own writing, had changed the destination of reporting to provost unit, where he was also not allowed to report and directly handed over to the ATS, Mumbai, thus bypassing the normal procedures in the Army. This has been corroborated by Ministry Of Defence vide its reply filed in Hon’ble Sessions Court in 2016.

6. Fr. 29.10.2008 to 4.11.2008
This period of illegal detention of Purohit was utilized by the ATS to plant evidences to fabricate their case. Ministry of Defence has confirmed that the whereabouts of the officer i.e. Lt Col Purohit were not known to the Army between 29th Oct to 4th Nov 2008 whereby confirming abduction and illegal detention carried out by Col Shrivastav.

7.  3.11.2008
Mr. Bagade, ATS officer in Nashik, opened the residence of the co-accused – Sudhakar Chaturvedi- who was staying near the military cantonment area in Deolali, Nashik and was seen planting evidence (i.e. RDX) in his house by Maj. Khanjode and Sub. K.K.Pawar of military intelligence. On finding him there, Mr. Bagade begged them not to tell about his presence there as, if they do so, it would affect his job. These statements of Maj Khanzode and Sub Pawar in the Court of Inquiry have been filed by the Ministry of Defence in the Court in 2016. NIA in their final report have confirmed that the RDX was planted on 3rd Nov 2008 to implicate innocents in this case.

8. 5.11.2008
Thus, after planting of RDX traces, Lt Col Purohit was arrested.

9. April to September 2009
This fact has been recorded in the Court of Inquiry. Maj. Khanjode and Sub. Pawar have given their statements in the Court of Inquiry conducted during this period. (Annexure – 2 & 3) which has been filed in the court in 2016

Also Col Shrivastav himself has given statement (Annexure – 4) in the court of inquiry that Chaturvedi’s house was searched in the 1st or 2nd week of November 2008 and that he knew the contents of his house before Shrivastav was ordered to detach from the case on 20.11.2008.

10. 25.11.2008
Chaturvedi’s house was officially searched and a seizure memo and panchnama was made to that effect on 25th November 2008.

11.
During the illegal detention and his Police Custody, Purohit was physically and mentally tortured. He has made a complaint against this in his Statutory Complaint (Annexure – 5) made against Col. Shrivastav in the army headquarters, but this complaint is pending for the past four years and has not been decided as yet. He has also given a written statement of his torture first in Pune court on 19th November 2008 and in sessions court, Mumbai on 24th November 2008.

12. 24.11.2008
All the accused have given their grievance before the sessions court, Mumbai about how each one of them had been tortured during their police custody.

13. December 2008
Lt. Col. Purohit was medically examined at INS Ashwini (Part of appendix C in Statutory Complaint) Shows that his nerves of both his hands were damaged, his right knee, where he had undergone a reconstruction, has been damaged again. Irony being that it was the same knee injury which was attributable to military service in Kashmir.

14.
The various RTI replies received by Purohit have shown the forged movement orders by Col. Shrivastav.

15. October 2009
Also, a witness has given a complaint in the Human Rights that he was tortured and the statement was extracted from him. (Annexure – 6)

16.
Various witnesses have retracted their statements telling how the ATS has tortured them and extracted their statements.

17.  31.08.2009
Bail application was decided and verdict given that ‘MCOCA’ is not applicable to this case and hence case be transferred to regular court for grant of bail. It is further said in the Judgement that since the case is transferred; the sessions court does not have the jurisdiction to grant him bail, otherwise he is entitled for bail’

18. October 2009
ATS challenged this decision in the High Court.

19.  July 2010
MCOCA re-invoked by High Court.

20. September 2010
SLP against this decision of Applicability of MCOCA was filed in the Supreme Court.

21. 1st April 2011
NIA took over the case.

22. 6.7.2011
Police custody under MCOCA was sought by NIA for Maj. Upadhyay, Sudhakar Dwiwedi and Lt. Col. Purohit to investigate whether involved in other bomb blast cases.

23. 20.10.2011
Police Custody granted to NIA by the High Court.

24. 9.11.2011
Bail application of Lt.Col.Purohit in the High Court was rejected.

25. December 2011
SLP against Custody and bail filed in the Supreme Court and the case admitted before the bench of the Hon’ble judges – H.L.Dattu and C.K.Prasad.

26.
The three matters were interlinked – bail, custody and MCOCA – had been tagged together by the Supreme Court.

27. 15th April 2015
Supreme Court set aside the Judgment and Order passed by the high court and restored the Bail application and directed to dispose off the same within a period of one month of the appointment of Special Judge with the following observations/directions –
(i) There was nothing on record to indicate the involvement of appellant in any offences under MCOCA and hence to hear bail application sans MCOCA provisions.
(ii) To dispose the bail applications of Lt Col Prasad Shrikant Purohit within a period of one month from the date of taking charge after designation of Special Court.

28. 2016
The Ministry Of Defence filed papers related to Lt Col Purohit and also filed Court of Inquiry documents which corroborated the facts claimed by Purohit. This also includes the fact that the meetings claimed to be conspiracy meetings were reported by Lt Col Purohit.

29. 21st Aug 2017
Lt Col Purohit was granted bail in the Supreme Court based on the papers filed by the Ministry of Defence.

Complaints of torture in custody.

(HUMAN RIGHTS COMPLAINT) https://drive.google.com/file/d/1onMgNsO33WWiyx6BSJgFPOFIdq-uHm-5/view?usp=sharing

(HUMAN RIGHTS COMPLAINT)  https://drive.google.com/file/d/1xKFi-ER3A3CwyoAiqjM5V4C3kS_hjNgv/view?usp=sharing

(HUMAN RIGHTS COMPLAINT)  https://drive.google.com/file/d/1-RmzIdvrunEdWyLXHLJM7jKWFCSqXF7Q/view?usp=sharing

(STATUTORY COMPLAINT) https://drive.google.com/file/d/0B0erd6-78uy-blUzNUdwMDlqdUJjVWp6UVItVGRfOHltT284/view?usp=sharing

(BAIL GRANT ORDERS) https://drive.google.com/file/d/0B0erd6-78uy-RDJ4UE1wRlYwV3NxYk42MG1rb0YwUk43SnpN/view?usp=sharing

INHS ASWINI Medical Reports.

(Letter written on 6/May/2010) https://drive.google.com/open?id=0B0erd6-78uy-QWZjdnBDcmxCNUNuaGhOQVpxbFFqSUFZd2Q0

(Letter written on 27/August/2013) https://drive.google.com/open?id=0B0erd6-78uy-MGp1dGtzOE90Rk1nUGgwa1ZEMVZtWElQOVNB

(Letter written on 21/March/2014) https://drive.google.com/open?id=0B0erd6-78uy-eUZTblM0RWRDQWVYNGNiZ050a3FMekVwZWlV

(Letter to P. M. Modi) https://drive.google.com/open?id=13C-rcpimXHRI7iPE2Tsfx7RL38Akrwf3

(Letter to H.M. Rajnath Singh) https://drive.google.com/open?id=1w7aFE3fki3MbQiqHaTkU0YDLNuqUUouF

(Discharge written submissions) https://drive.google.com/file/d/0B0erd6-78uy-SmhKLVhZanVUU3l0MWtOMUZlZ2IwbHhjS3FF/view?usp=sharing

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