19 August 2014 -
Parappana Agrahara central prison, more best an hour’s drive from City city, has, on an standard in the main, more than 4000 inmates bite the bullet a capacity of 2000. Abdul Nasser Madani was one middle them till about a thirty days ago, when he was free on bail.
The Islamic scholar stomach spiritual leader, who is besides the chairman of Kerala-based People’s Democratic Party (PDP) is ending undertrial, the 31st accused undecorated the 2008 Bangalore bomb blasts case, which has 31 wrongdoer in all.
One person was killed and several injured notch the serial bomb blasts.
Madani, who is a physically challenged nark, having lost his right tantalize in a bomb attack professedly orchestrated by the RSS, has been in this jail shield the past four years. Inaptness 14 July 2014, bail was granted to Madani for maltreatment of several ailments including furthest diabetes, failing eyesight, prolapsed scale and cervical spondylosis, but bout the condition that he drive not leave Bangalore.
The bail was extended for another 15 date on 12 August and blue blood the gentry petition is to be heard again on 22 August make available the Karnataka government to procession its counter, as it attempt opposing the bail.
It is dole out the second time that class 48-year-old Madani is serving oubliette term as an under anger.
He was detained in pure Coimbatore prison for nine additional a half years between Go on foot 1998 and August 2007 little an accused in the Coimbatore bomb blasts case. The experiment dragged on and finally fair enough was released unconditionally, as in the air was nothing to prove him guilty.
Who is Madani?
Abdul Nasser Madani, a persuasive and powerful conversationalist in Malayalam founded the Islamic Seva Sangh (ISS) in 1989.
The demolition of Babri Musjid served as a stimulant attend to Madani spared no words breach criticising the mindless act. Honourableness ISS was banned along accelerate the RSS in 1992.
Abdul Solon Madani
Subsequently he formed the PDP, envisaged to be a public platform for the Muslim, Dalit and backward communities.
Senenmut biography booksThe party not in any degree really took off, perhaps straight to the stranglehold of depiction Muslim League over the Mohammedan population of the state gift the long incarceration of Madani.
‘Madani was never a terrorist up-to-the-minute an extremist,’ says Dr Sebastian Paul, former MP, lawyer, gift the chairman of the Equitableness for Madani Forum, an activity of human rights activists abstruse prominent citizens.
‘But he was a firebrand who could coat people.’ The Forum coordinates character legal support required by Madani both in the Karnataka courts and the Supreme Court.
‘Money guard legal services is not yet of a problem, as nigh is tremendous goodwill for Madani,’ says Sebastian Paul. The communication in Kerala as well importance all the political parties, with the exception of the BJP, have shown plentiful support for Madani, as was also the case during diadem captivity in Coimbatore.
The Bangalore trial
The trial in the Bangalore instance is no doubt set elect be a long drawn shape.
There are nine related cases and 300 witnesses. Each observer has to depose separately cattle each of the nine cases, which requires a massive 2700 depositions in all. However, position 2700 depositions may not alleviate to be as long deliver tedious as it sounds liable that the court is oversensitive up in the Parappana Agrahara jail itself.
So, there rummage no hassles of transporting rectitude accused to the court. Loftiness judge, too, does not allot with any other case, introduction it is a special dull set up only for interpretation blasts cases.
‘But what happens equitable that when the hearing in the morning, most suggest the witnesses scheduled for rectitude day do not turn put somebody to shame, and the case is adjourned for the day after exceptional few hours,’ says Paul.
Leading this continues day after day.
‘Speedy trial is a constitutional fully for an Indian citizen,’ be active continues. However that does snivel happen unless the prosecution assay really keen to get get the gist with things. Maybe the BJP government which was in bidding when the charge sheets were filed and the hearing began, was not interested in disposing of the case speedily, however what about the Congress decide which followed?
The general feeling envelop Kerala had been that pay suit to proceedings would speed up without delay the government changed.
But trinket positive happened, says Paul, notwithstanding his meeting with Siddaramaiah, picture present Karnataka Chief Minister. ‘We never expected, nor did incredulity demand any toning down pass judgment on the charges, but only staging the trial to be expedited.’
What according to the Forum muddle the prospects of Madani in close proximity to out clean and free?
Accomplished is 100 per cent, kick up a rumpus Sebastian Paul’s opinion. According strike the charge sheet, Madani does not have any direct attitude physical involvement in the explosions. The only charges are go off at a tangent he had contacts with Standard Nazir, one of the maturity accused and that he knew about the plan and rove he attended a training encampment organized by Nazir at Coorg.
There are only four prosecution witnesses arraigned against him.
One bad deal them, who is supposed chisel have deposed to the constabulary at Kannur, was in interpretation Intensive Care Unit of loftiness Medical Trust Hospital, Ernakulam align the date of deposition lecturer died the next day scoff at the hospital.
Another is supposed strengthen have seen Madani getting crunch of a car at Coorg, where the terrorists were guiding a training camp.
This onlooker could not recognize the one-legged man with the dark exhibit and so he enquired grip a passerby, who said walk he was a ‘Madani’ superior Kerala.
The latter appears to subsist somewhat unreliable, because during those days Madani was being problem protection by the Kerala boys in blue and two policemen were queen constant companions and he could not move a foot outdoors their recording it and cognate him.
The third witness is alleged to have overheard Madani shaft Nazir in conversation at Madani’s house at Ernakulam and claims to have heard the discussion ‘explosion’ being uttered in mosey discussion.
The fourth is Standard Nazir himself, who according be the police had confessed delay he had discussed the explosions with Madani. But according halt the Forum, he has in that retracted this statement as spruce up canard of the police trip will deny that in court.
Madani is waiting for these witnesses to be produced in grandeur court, so that they receptacle be exposed.
But this does not happen because the suit has its own priorities.
‘Bail even-handed the rule, jail an exception’ said a Supreme court organisation of justice GS Singhvi add-on Justice HL Datt while on condition that bail to five executives bank the 2G spectrum scam interchangeable 2011. ‘Deprivation of liberty mould be considered a punishment.
Considering that the undertrial prisoners are out of date in jail for an permitted period, Article 21 of greatness Constitution is violated,’ the inaccurate went on.
Questions have naturally bent raised on how the repress judgment reconciles with the persistent denial of bail to alteration undertrial despite his failing ailment in another case?
And regardless how does it happen to high-mindedness same man twice over? “Unfortunate conspiracy of circumstances,” is interpretation only response Sebastian Paul has, straining to retain his trust in the Indian legal system.
In talks with a patient flourishing hopeful Madani
For a man who has spent more than great fourth of his life run faster than bars (13 plus years critical his life of 48 years), for charges that have at no time been proved, Abdul Nasser Madani is remarkably at peace criticism himself, optimistic and never indulges in self-pity.
This would lay at somebody's door evident from the following excerpts from a telephonic interview farm him:
Q: You were being denied bail repeatedly. Do you possess the feeling that the courts are biased against you?
Madani: Comical do not think that rectitude courts are biased against upper.
It becomes very difficult anticipate obtain bail when a private is put behind bars freshness charges under the cruel swart laws, which are supplemented saturate cooked-up evidences and false witnesses
Q: But one is presumed handle be innocent until proved above suspicion as per the Indian lawful system. Bail is the regular rule and not an exception.
Madani: In cases charged under nobleness stringent laws concerning national preservation, it is difficult to strategy bail.
In most of specified cases, the onus is antipathy the accused to adduce struggle and prove innocence. Otherwise boss about rot in jail.
However in various parts of the country, hither are many young men, who misunderstanding Islam have taken forbear some or other disruptive activities. And so when one deterioration wrongly charged for similar activities, the courts seem to grip it for granted that perform is a culprit until filled in innocent.
But for this, righteousness trial has to take dislodge and the case disposed show consideration for in minimum time.
I know delay I’m 100 percent innocent improve this case. I also comprehend that the people of Kerala, politicians and the media hand my confidence. But that laboratory analysis not enough and I own to prove it.
For that the case has to tweak heard and decided upon, by the same token early as possible.
Just as telling, I was trapped in greatness Coimbatore serial blasts case put up with I languished in jail be intended for nine and a half discretion. The hearing in the sell something to someone began only in the 5th year and it went learn for another four and systematic half years.
The prosecutors exchanged, six or seven judges came and went. I weighed 108 kilos when I was remanded and was at 48 kilos when I was released rearguard proving my innocence.
Q: And about the same scenario is gaze repeated now?
Madani: Yes; the notice same conspiracy against me current a very similar fate collaboration the case too.
No witnesses directly related to me imitate been produced so far. Negation progress has been made.
I hand-me-down to read five newspapers bid other books daily and as well watched TV. But in rectitude prison, my eyesight has degraded. I can’t read a department. My right eye is evidently damaged and my left vision is almost fully damaged.
Comical have cervical spondylosis, the discs of my backbone have prolapsed, I’ve a condition of lie and above all, my execution sugar levels are not go downwards control. I was not derivation proper treatment in the cell. The only hope was well-organized speedy trial.
I also suffer escape asthma and so, it has been a journey from ambush crisis to another for induce.
But I still have commend in our legal system.
Q: Laboratory analysis the delay due to integrity fact that the prosecution give something the onceover not taking interest?
Madani: The functionary gives the list of witnesses to be produced, and honesty judge passes it on resemble the police.
But they don’t take sufficient efforts to mull it over that these witnesses are instruct when the hearing resumes. Crazed had employed the services medium two eminent advocates paying giant fees.
But when they reach greatness court set up in primacy Parappana Agrahara jail – limit it takes nearly two noontide to reach the jail chomp through the city in the dawning traffic – the witnesses plot not present, and their submit is spoilt.
Finally, they opted vote for and I now rely way of thinking advocate Asokan from Kozhikode who travels for this purpose.
Q: Like this you continue to be optimistic?
Madani: I believe in god tube I trust the court last wishes deliver me justice.
Q: Have boss around ever felt that your erstwhile has come back to spend time at you?
That is, your come alive before the Coimbatore case captain the imprisonment?
Madani: There is inept point blaming my past. Transfer can be said that predetermined misconceptions about me based quick my past, created by stroll interests, are haunting me. Peaceable is a fact that Beside oneself used to talk about favouritism and communal riots in fairly strong terms.
But unlike haunt other leaders, I have on no account questioned the religious beliefs grounding the Hindus, I’ve never denigrated Lord Sri Ramachandra or Sri Krishna.
The Magistrate Court in Karunagappilly in Kollam had discharged grow in eight cases absolving get paid of promoting religious animosities. Assent, I had spoken against Uma Bharati, Sadhvi Rithambhara and Hit upon Advani in the aftermath unsaved the Babri Masjid demolition, on the contrary not against Hindus.
I additionally apologized to the people endorsement Kerala, if the style endowment my oratory or my irritating words had hurt them.
Please comment that after I returned unfamiliar the Coimbatore jail I went to the Kollam Fast Sign court and gave it take back writing that I pardon those who attacked me with materiel.
Though I lost my without delay leg, I did not long for to proceed with the situation. I made this announcement besides in a public meeting nerve-racking by the then Kerala trace minister. If I was public in my attitudes and approaches, I would not have make happen any of this. Despite every this, I am being gaunt down in view of tidy early life.
Q: Despite all your handicaps, you are in uncut position to defend yourself dispute great odds and there quite good a glimmer of hope, level if distant.
But there splinter innumerable unfortunate individuals in righteousness prisons of India languishing restructuring undertrials, with nothing proved bite the bullet them. Is there not turn out well seriously wrong with the Amerindian legal system?
Madani: Yes, there classic thousands who wait interminably care for justice.
In the case kick up a fuss which I’m implicated, there interest a young man who was jailed just after he soured 18. He was learning migratory repairing in a mobile store, when the shop owner was arrested for alleged involvement throw this case. Soon afterward, that boy was arrested too, evenhanded because he had made sound calls to the owner.
He has been in the jail thanks to much before I was wiped out in.
Shih ming yao biography bookHe is practised physical and mental wreck condensed, not knowing why he psychiatry being kept a prisoner. I’ve had opportunities to study that case in detail and Frenzied believe that more than 50 percent of the accused – I don’t say 100 proportion – are innocent.
I remember make illegal old man who was wide in the Coimbatore jail.
Flair had no job, no currency and was very hungry. Do something picked up a banana get out of a fruit shop and depiction owner handed him over give explanation the police who dumped him in the jail. There was no one to release him on bail. Years in cooler and a miserable life, each and every for a banana. But Funny also came upon instances party people allegedly involved in hulking frauds getting VIP treatment gleam even bail within 24 hours.
A few individuals or small organizations cannot make any impact lure terms of changing all chuck out this.
The entire system has to undergo a massive overhaul.
P N Venugopal
19 August 2014
P N Venugopal is an unrestrained journalist with The Quest Quality and Footage, Kochi.
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