I returned to my room at 1.30 p.m. on 11/07/06 after my duty was over, had food and slept. My roommate woke me up at about 6.30 p.m. and told me that there had been blasts in Mumbai. He had seen the news on the television. I felt it necessary to phone my home. I therefore called my parents and my brother, accused no. 3 Faisal from my mobile and asked about their well-being. I do not remember my mobile number.
I regularly attended my service from the next day onwards till my arrest on 22/07/06. I was on sick leave on 21/07/06. I went to my company as usual on 22/07/06. I got a call from the reception when I was having breakfast at about 9.30 a.m. in the canteen, that two officers from the Mumbai Crime Branch are waiting for me. I immediately went to the reception. My team manager was already there. I asked them what is the matter. They told me that I have to immediately accompany them to Bombay and said that they want to talk with me in private. I told my team manager to excuse us and after he left, when I asked them the reason, they started abusing me. The officers were PSI Nikam and PI Chavan. I asked them for what reason I have to go with them, but they told me that they cannot tell me the reason there. I called my manager and told him that they want to take me to Bombay. They took my manager aside and told him something and thereafter the manager also did not say anything. They told me to accompany them peacefully otherwise they would take me forcefully. They took me outside the building to a Maruti Esteem car where there were two persons, whose names I do not know till now. I was taken to my room, they asked me to show my articles to them and after I showed them my articles, they started collecting my educational documents, books, passport, employment letters and pay slips of Spyder System. They also took my mobile of Sony Ericson model W550i having prepaid sim card of Airtel company, licence and wallet that was in my pant pocket. They collected all my articles. I was taken to Bangalore airport and then by Kingfisher Airlines to Mumbai. I was taken to the Crime Branch office at Antop Hill and produced before a lady, whose name I came to know later on as Meera Borwankar, Jt. CP, Crimes. She asked me why I had been brought there and I told her that I do not know. She told me that my elder brother is detained in the 7/11 bomb blasts case. I was shocked. She then asked me whether I am also involved and I said no. She then asked me as to why my brother had gone to Pakistan. I told her that he had gone for my cousin sister Zohra’s wedding at Karachi and that my parents were also to go, but did not go as my mother became sick. She told me that he had gone there to become a terrorist and and to take terrorist training and I said that all this is false. She asked me whether I had gone to Pakistan and I said no. They checked my passport and saw the stamp of Iran visa. She asked me whether I had gone to Iran and I said yes that I had gone for ziarat. They told me that I had not gone to Iran, but I had gone to Pakistan for taking training and then started torturing me. PSI Nikam, PI Chavan, Sachin Kadam and many other officers tortured me there continuously for five days. They tortured me to such an extent that they did not allow me to sleep for 48 hours. They used to beat me on my legs, back and used to ask me to admit what they say about me and my brother. I was not taken for medical examination during this period and was not produced before any court. I had seen an accused by name Firoz Deshmukh being tortured like me in the Antop Hill Crime Branch office during those five days.
I had gone to Iran in August, 2004 as I had heard quite a lot about the tombs of the spiritual personalities and I liked to visit religious sites and wanted to go there once. I visited the tomb of descendent of Prophet Mohammad in Mashad, the tomb of Imam Khumaini in Tehran and the tomb of Bibi Fatema at Qum. I stayed in Tehran for 15 days, in Mashad for 10 days and at Qum for 5 days. I stayed in Iran for a month and some days more. I got extended my visa at Tehran as the period of one month was getting over. I had personally gone to the Iran Embassy in Mumbai for obtaining Iran visa and had filled up the printed application form mentioning the reason that was required to be mentioned that I wanted to go for ziarat. I deposited my passport and the application form with the Iran Embassy and after about 5-15 days I took back my passport. I went alone to the Iran Embassy to collect the visa. I did not go to any foreign country other than to Iran and that too only once.
I was taken to Kalachowki in the night on 27/07/06 from the Antop Hill Crime Branch office. I saw my brother for the first time there. He was in a bad condition as he had been beaten. I was shown my brother for a short time, he was handcuffed and his veil was removed to show him to me. We were then both taken to Bhoiwada lockup. We were produced in the court at Mazgaon in the morning on 28/07/06, before which we were threatened that we should not say anything and keep quiet and I should tell the court that I have no problem. I tried to speak in the court, but was not allowed. We were brought back to Kalachowki and I was tortured sometimes at Bhoiwada and sometimes at Kalachowki.
I was taken to the torture room on the second floor of Bhoiwada on 02/08/06, where many police officers had come. They were A. N. Roy, Raghuvanshi, DCP Nawal Bajaj, PI Kolhatkar and many others. These superior officers also beat me on that day. The only reason for which I was being beaten was to narrate their story about my involvement in the bomb blasts. There I had seen my co-accused, i.e., my brother Faisal, accused no. 2 Tanveer, accused no. 4 Ehtesham, accused no. 10 Suhail, accused no. 11 Zameer and my cousin brother Noman Sultan Shaikh. All of them and I were beaten on that day. I was continuously tortured and my cousin sister Khalida was also brought there many times and made to sit for long periods. ACP Patil continuously threatened her that she would also be involved in the case. I did not meet my parents during this period. I was taken to different chowkis during the police custody period.
I and some of my co-accused were taken to the Kurla Crime Branch office and kept there from 13th to 16/08/06. My father and sister-in-law Rifah Rahil Shaikh were also detained there for the said four days. My father was tortured and stripped naked before my co-accused. I do not know since when they were kept there and why they were kept there. They beat my father and misbehaved with my sister-in-law by pulling her veil. The team of Vijay Salaskar, PSI Dalvi, API Phadke, Salaskar and other policemen tortured us and told me that if I do not accept their story they would go to any extent with my sister-in-law and used bad words in her connection.
My police custody remand was extended from time to time for 85 days and I was beaten and threatened before being produced every time before the court not to say anything to the court. I was taken for medical checkup many times during police custody, but was not physically checked by the doctors, not allowed to speak with the doctors, the veil was not removed at any time, but only my thumb impressions were taken. There was no necessity of telling the doctors about the torture, because the injury marks were visible, but even then the doctors did not ask me anything.
I was being beaten so that I should sign on some blank and written papers, which I was not allowed to read. I signed on some papers and put back dates as instructed. I was produced before DCP, Zone-V during this period, but I do not remember the date. PI Joshi had tortured me heavily before being taken there and had threatened me to sign on the documents that would be placed before me. PI Joshi had beaten me so severely at Kalachowki on the day on which I was taken to the DCP, that I was limping when I was taken before him and one eye was black and there were visible marks of torture. DCP Phadtare asked me to sign on some documents, but did not allow me to read them. I was then taken to the Mahim lockup and called again on the next day and asked to sign on some more papers. PI Joshi was with me continuously and threatening that I would be beaten more, if I do not sign. He was saying that he would involved my cousin Noman.
(Adjourned at 4.55 p.m at the request of the learned advocate).
Date : 30/07/13 Special Judge
Date : 31/07/13
Resumed on SA
I was remanded to judicial custody thereafter. I told the judge in this court on 09/11/06 that I had not given any confessional statement and my signatures were taken forcefully. I retracted my confessional statement orally and also sent a written retraction on 02/11/06, which reached the court late and was submitted on 09/11/06. I had given the written retraction and a complaint against the ATS to the jail Supdt. Swati Sathe, but she was not ready to send it to the court and she also said that I should not complain the court. I do not remember on what date I was remanded to judicial custody. Adv Shahid Azmi represented me on 09/11/06 and he wrote my complaint and retraction as per my instructions and I signed on them. The complaint was marked as Ext. J, it is the same now shown to me, it bears my signatures and its contents are correct. (It is marked as Ext.4262). Ext. J1 is the complaint prepared by me in the prison on 02/11/06, it is the same now shown to me, it bears my signatures on all pages and its contents are correct. (It is marked as Ext.4263). I have mentioned the date of police bringing me to Mumbai, my arrest, how I was tortured, how my signatures were taken on blank and written papers and that my signatures were taken forcefully on the confessional statement.
(Witness requests permission to state about the events during police custody that he forgot to depose yesterday. Permitted). My cousins Bilal Salauddin Shaikh and Mohsin Junaid Khan of Pune were brought to the Bhoiwada lockup when I was there and beaten in my presence to pressurize them to state falsely about me about the transaction of money. PI Tajne threatened Bilal that if he does not co-operate, he will implicate his elder brother Saeed. They gave evidence against me because of these threats. Many co-accused were tortured in my presence in the Kurla Crime Branch during the period from 13th to 16/08/06. Accused no. 3 Faisal was beaten severely in my presence. I and my co-accused were stripped naked and made to stand before each other.
I have not given any voluntary or involuntary statement or confessional statement before today. All the allegations against me are false and I have been involved in a false case. The chargesheet in this case is false. I was shocked to read the statements of witnesses and the panchanamas in my connection after I received the copy of chargesheet after six months. The documents that prove my innocence were suppressed. My employment at Spyder Systems from 04/07/05 to 26/06/06 was not brought before the court and it was suppressed. I was never taken back to my office at Bangalore. My colleagues there were brought before me during my police custody and their statements were recorded and filed with the chargesheet. I have attached those statements alongwith my written submissions u/s 313 of the Cr. P. C. My colleagues at Spyder Systems were also brought and their statements recorded, but they are also not examined. I did not come to Mumbai from 01/02/06 to 26/06/06 as I was busy in a very important project that was given to me at Spyder System, for which we were given training in the company. My cousin Mohsin also used to work with me in that project and I used to be with him continuously during the office time and have lunch together. I used to be with Bilal and his friends in the evenings and nights when I used to be at his home after the job hours. My pay slips of Spyder System have been suppressed.
I used mobile number 9867329067 before I went to Bangalore. The CDR of this number produced in this court is incomplete and manipulated. I used mobile number 9980472400 when I was at Bangalore. The ATS has suppressed the CDR and location of this mobile. Duty musters of my employment with Spyder Systems and Oracle were brought during my police custody period, but they are not produced.
I did not give any statement of discovery and nothing has been recovered at my instance during my police custody. I was never taken to the house at Bandra and Mira Road. I had not purchased the Maruti 800 car that is shown as owned by me and it has been foisted on me. I did not tell Bilal and Mohsin to collect any money or talked with them on telephone about it. My cousin Khaleeda Iqbal Khan is falsely involved in this case and a false case under FEMA is filed against her to arrest her. The ATS has tried its level best to involve my family in this case. My family members are forcefully made accused or witness in this case. I do not know any of the wanted accused. My brothers Rahil and Faisal are falsely involved.
I was restrained by the jail staff whenever I tried to tell the court about the excesses that were done on me during my police custody. I have mentioned all these things in my written submissions filed with my statement u/s 313 of the Cr. P.C.
Cross-examination by SPP Raja Thakare for the State
I have stated whatever I wanted to state to the court, but there were so many events about torture that I have forgotten, but sometimes I suddenly remember.
- Do you want time to think and remember what more you want to tell the court?
I do not want time now to do so, but I may tell the court before the case is over.
- Have you filed all the documents on which you want to rely upon?
I have many documents that I want to rely upon, but the ATS has suppressed them and I could not obtain them as I do not have support of my family and as my father is old.
- Do you have any document that you have not yet produced?
I have a photocopy of a complaint that was sent to the Prime Minister. I have the affidavits of my father and sister-in-law about my torture, but right now I do not have them. I did not feel it necessary therefore I did not produce them earlier. It is not true that I did not produce them as they are false and concocted.
An advocate represented me for the first time after 60-65 days of police custody, but I do not remember the exact date. No advocate represented me whenever I was produced during police custody in the Mazgaon court. It is true that I had signed on the vakalatnama of adv Shahid Azmi during police custody, but I never saw him in the court, except on the date when I was remanded to judicial custody. It is not true that I had engaged him for defending me. Witness volunteers- my family members had engaged him and he had come to the Bhoiwada lockup and taken my signature on the vakalatnama and I was also beaten for this reason. Out of my family members, I have full faith in my parents and brothers. I have full faith in my relatives. Witness volunteers- but if they have given false evidence under threat, then I do not have faith in them. I had faith in my advocate Shahid Azmi. It is true that my family members had given my vakalatnama to him to help me. He had come to meet me in the lockup when I was in police custody, after taking permission from the court.
- The injury marks on your body were visible to the naked eye?
The police used to give some ointment to apply on the marks and the marks used to go away after 2-3 days and then again I used to be beaten.
It is true that I was taken to the hospital every alternate day during police custody. I was taken to the doctor on the days prior and after the day on which advocate Shahid Azmi came to meet me. Witness volunteers- but I was not examined and my thumb impression was only taken.
It is true that there was no criminal case against me before my arrest in this case. I have had no concern with the police except the occasion when I was called to the police station for the verification in connection with my passport. I do not have any complaint in that respect. I had applied for passport in 2001 when we were staying in Kubera Garden, Kondhwa, Pune. My permanent address that was given for passport at that time was 24, B’ Wing, Kubera Garden, NIBM Road, Kondhwa, Pune. I obtained my passport from the Regional Passport Office, Pune. The accused no. 3 Faisal and Rahil are my elder brothers. It is true that when I applied for passport my father had retired and returned to India from Saudi Arabia. Witness volunteers – he came back to India in 1996. He was in Saudi Arabia for 16-17 years. Rahil and Faisal were in India when I obtained my passport. I do not remember whether they had passports at that time. I never went to Saudi Arabia. The accused no. 3 Faisal had gone to Saudi Arabia in 2004. I do not know when he obtained his passport. He had also gone out of India before 2004. It is true that he was a passport holder prior to 2002. I do not know whether he had obtained passport personally or through agent, but he obtained it from Pune. I do not know whether he had an offer of job at Saudi Arabia before he went there. Witness volunteers – he did a job there. He got a job there after he went there. I do not know whether he used to send money from Saudi Arabia.
Rahil went abroad many times. He went there in 2001 or 2002 for the first time when he got a job there. No one out of us three brothers had gone to Saudi Arabia till my father was there. Rahil was serving as a computer hardware engineer before he went to Saudi Arabia for the first time. Faisal was doing the wholesale business of clothes before going to the Gulf. Rahil is in London, UK. I do not know his exact address, but he is in Birmingham in London. I met him lastly before my arrest when I went to reach him to the airport when he was going to UK. Rahil used to send money from abroad. He had a joint account with his wife and he used to send money to that account or to my father’s account. I do not know whether he used to contact my family after my arrest. Witness volunteers – DCP Nawal Bajaj had arranged for my talk with him, when I was in Chandanchowki and they had beaten me and had made him hear my voice. I know that he is a wanted accused in this case and a red corner notice is issued against him. Witness volunteers – he is falsely involved in this case and I have read about the red corner notice in the newspapers, but I have not seen any document about it. It is not true that Rahil was involved in the conspiracy in this case alongwith me and Faisal and at present he is absconding.
I obtained passport to visit any country abroad or for ziarat or Haj or for any job. I was not doing any job till I completed my education in 2005 and had not applied for job before 2005. It is true that I had not obtained my passport specifically for job in 2001. I first thought of going for ziarat when I was in the 11th in Puna college and there were many Iranian friends who used to talk about the religious places there. My parents did not go for ziarat, but my father had gone for Haj and Umrah. I do not remember when he had gone for Haj and Umrah. It is correct that my father did not take any of our family members to Saudi Arabia till he was there as he did not have the financial capacity. Rahil did not go for ziarat, but he had gone for Haj. Faisal did not go for ziarat, but had gone for Umrah. He had gone for Umrah in 2004. I had not gone for Haj or Umrah before I went for ziarat. Faisal had gone to Pakistan for the first time in 2001 or 2002 and he stayed there for about one and a half months. He went for the second time abroad to Saudi Arabia and returned after about one or one and a half years. I do not know whether he had his passport when he returned from abroad on the second occasion. I do not remember whether he returned on his own or was deported.
My brother Rahil spent for my ziarat tour. He was at Bangalore at that time. I obtained visa directly from the Embassy. I have no relatives in Iran, but I have many friends. My only intention for going to Iran was for ziarat. I had obtained return ticket. I do not exactly remember, but the cost of the ticket was Rs. 14-15,000/-. It is not true that my return date from Iran was fixed before I went there. I did not know about my return date from Iran when I left for Iran. Witness volunteers – there was no return date on the ticket. It is not true that my visa was not valid till the date on my return ticket, therefore, I had to extend my visa. It is not true that I deposed falsely that my intention of visiting Iran was for ziarat, that I went clandestinely to Pakistan from Iran where I obtained terrorist training in the camp of Azam Chima, that therefore I had not fixed my date of return and had to extend the date of my visa.
My brother Faisal knows how to write and read English, but I do not know whether he understands it. I cannot recognize his handwriting or signature. He is not with me in the same barrack in the prison. Witness volunteers – I am in circle no. 11 and he is in Anda barrack. I meet him and we talk whenever we come to the court and go back. Witness volunteers – we talk about our family. I had talks with him about the case initially only and never thereafter. I came to know for the first time that he is arrested in this case when Meera Borvankar told me about it. He was probably detained on 19/07/06. I do not know from where he was detained or arrested. Witness volunteers – he is shown arrested on 27/07/06 along with me falsely. We were sometimes taken together to Mazgaon court and sometimes in different vehicles, but we were kept in separate cells in the Bhoiwada lockup. I have asked him from where he was arrested. I came to know this for the first time during judicial custody, but I do not remember the exact date. He told me that he was arrested on 19/07/06 from Mira Road.
He used to stay sometimes in the flat at Perry Cross Road, off Carter Road, Bandra. Witness volunteers – that flat was taken on rent for my brother Rahil as he had got a job at Cap Gemini at Airoli and he was going to come to Mumbai from Bangalore, but within a month after he came here, he got a job in Zensor Technologies in Pune and he was sent for the on site project in UK. It is true that the agreement of this flat was in the name of Faisal. I do not know whether the house at Bandra was searched after his arrest, because it was not searched in my presence. Witness volunteers- Faisal had vacated the flat in June 2006 as the agreement was over and he was staying at Mira Road. I was not taken near Perry Cross Road after my arrest. I have seen the flat at Perry Cross Road that was taken for my brother Rahil. I had seen it around one year before my arrest. I may have gone there one or two times only when the agreement was prepared. I do not know about the condition of the flat in May, June and July, 06.
I was never taken to my house at Mira Road after my arrest. Police have seized my computers, but not in my presence. The computers were in the house at Mira Road. It is not true that the articles that are before the court were seized from the house at Mira Road in my presence when I was taken there.
(Adjourned for recess).
Date : 31/07/13 Special Judge
Resumed on SA after recess
There is another case against me at Bangalore. Witness volunteers – it was instituted at the behest of the ATS and it is a false case. It is true that it is alleged in that case that my documents of Bhartiya Shiksha Parishad are false documents. Witness volunteers – it is a false allegation. It is true that my co-accused in that case is Vijay Govindprasad Agrawal. I do not know whether he is Registrar of Bhartiya Shiksha Parishad. It is not true that I continued with my unlawful activities by obtaining a respectable job by furnishing false certificates. Witness volunteers – I would not have got the job if the certificates were false, because the educational and family background is checked.
I never had discussions with my co-accused, except Faisal, in connection with this case. I have not read the chargesheet and the evidence. I do not fully know what are the allegations and evidence against the co-accused. I did not discuss about the allegations and the material against me with my co-accused. I do not know whether all my co-accused have given written submissions alongwith their statements u/s 313 of the Cr. P. C. I have not read the written submissions of my co-accused and have not given my written submissions to anyone of them for reading. I know that many co-accused have collected considerable information under the RTIA and produced it in court. I have obtained such information. It was in connection with CDR location, but I did not get reply. It was also in connection with wireless messages that were sent after the blasts and about some more aspects which I do not remember now. I did not tell any co-accused to collect information concerning me. I do not know whether any co-accused has collected such information. It is true that an application was moved by advocates for the accused to call for CDRs of mobiles that were used by all accused. It is not true that I rely on the CDR, therefore, they were asked for. Witness volunteers- the CDRs that are produced are manipulated, which is evident by the time they took to produce them. CDR of two mobile numbers belonging to me was called for. CDR of only one of my mobiles is before the court. I do not rely on it as it is incomplete and manipulated. Witness volunteers- it does not take a long period of three months to recover the CDRs of a mobile and they can be recovered within two weeks, because I know this as I have worked in this field and the period of three months was taken to manipulate them. I cannot say whether all the CDRs that were produced before the court are wrong and manipulated. It is not true that the CDR of my mobile is going against me, therefore, I am saying that it is false and manipulated.
- You have not produced any documents in connection with your employment, attendance and salary and have not cited or examined any witness from your employer as your witness?
I had given an application that included the names of my team manager, security manager, team leader and a colleague, but that application was rejected. The ATS took the documents about my employment and suppressed them. I have not appealed against the order rejecting my application. It is not true that I falsely stated that the ATS took all my documents and suppressed them. Witness volunteers – the documents about my employment with Spyder System are mentioned in the false panchanama, but not produced before the court. It is not true that I did not produce the documents and did not examine the witnesses as I know that the evidence will go against me.
I have good relations with Bilal, PW-66, and Mohsin, PW-67, as cousins. It is true that they have not stated about beating, threats and frightening before the court. Witness volunteers- they have deposed falsely because of the fear of false implication in this case.
I do not know whether Enforcement Directorate had inquired with Faisal. (Learned SPP asks the witness to go through Ext.585). I do not know whether it is in the handwriting of Faisal. (Learned SPP asks the witness to go through Ext.534). It contains my signature. Witness volunteers- it was taken forcefully on written papers. It is not true that it is the panchanama that was prepared at my house and my signature was obtained after a copy was given to me. (Learned SPP shows Arts-169 and 170 to the witness). They are mine. (They are marked as Exts. 4266 and 4267). It is not true that not only these two documents, but the maps Arts- 164 and 165 and the books Arts- 166 (1 and 2), 167 and 168 were also recovered from my house. Witness volunteers- the certificates Exts. 4266 and 4267 were with me at Bangalore and there was no reason for me to keep them at my house.
I do not know PW-59 Mohd. Alam Gulam Sabir Qureshi. I have no friendship or enmity with him. It is not true that I was present in the conspiracy meeting and he has identified me.
I do not personally know Feroz Deshmukh. I have interacted with him in the lockup at Antop Hill Crime Branch. I do not know from which place he is, he did not tell me from where and why he was picked up. Witness volunteers- they did not allow us to talk in the lockup and I had only once asked him his name. I met him once during judicial custody and I talked with him and he told me that he was falsely involved in an arms case at Delhi. I did not try to contact him through anyone. It is not true that I deposed falsely that I had seen him in the lockup and that he was being beaten.
My roommate on 11/07/06 was one Faruq Meer, resident of Kashmir. Witness volunteers- we were serving in the same company. I did not try to contact him after my arrest. It is not true that I deposed falsely that I was in my room on 11/07/06 and said Faruq woke me up at 6.30 p.m. and told me about the blasts. It is not true that I gave false evidence yesterday that I do not remember my mobile numbers. It is not true that I have falsely alleged that I was illegally detained and arrested without justification. I had applied for bail once in the beginning, but it was rejected. I do not remember whether I had not challenged it in the higher court. I did not file any application for discharge. It is not true that I made false allegations against the police officers about torture and ill-treatment. It is not true that I voluntarily gave my confessional statement specifying my role in the conspiracy and it was recorded as per the provisions of law. It is not true that I deposed falsely.
(Learned SPP asks the witness to go through Ext.616). It is true that the photograph is mine and the information is mine. Witness volunteers – I had many photographs with me when I was detained and this is one of them. The entry is false.
R.O. (Y.D. SHINDE)
Spl. Judge UNDER MCOC ACT,99,
Date:- 31/07/13 MUMBAI