The calls from the police stations started during the festivals as mentioned above after I returned back. I used to be called to the police station whenever any incident occurred and made to sit, abused and humiliated. I was called to the police station after the blasts in Mulund or Ghatkopar in 2003. A. N. Roy was the Commissioner of Police, Pune at that time. I was detained for 3-4 hours. I was taken to the special branch office opposite Rahul Theater, tortured heavily and interrogated about my whereabouts throughout the day. A. N. Roy was also present. I had given my passport during the interrogation. They had inquired about my Iran visit. They had asked me when and from where I had obtained the passport and I told them that I got the NOC from the police station and they checked all my records and the matter was over there. I was then sent back to Camp Police Station. My family members used to go to the police station to make inquiries and they were told that it was a normal inquiry and there would be no case. I was produced before a judge by applying some sections like 151 and 153 and sent to Yerawada Jail for 15 days.
I was busy in my work as my patients had increased after my visit to Iran and I used to be called at any time during the night also. My in-laws are from Andheri, Mumbai and my cousin sister stays in Kurla and in this connection I used to visit Mumbai, where I also had many patients. I never came to Mumbai during the months of January to March 2006. I may have come once or twice to Mumbai during April to June, 2006. I used to go to Andheri only and then back to Pune. I never visited Bandra, especially Perry Cross Road and I do not know where it is. I heard its name during police custody. I did not know any of my co-accused, had not seen them or met them before this case. I saw the accused no. 3 for the first time in Unit-II, Saat Rasta Police Station of the Crime Branch on 22nd or 23/07/06. Officers Gaikwad, Arif Patel, Azam Patel, Hargude of Unit-II came to my house at 10.00 a.m. on 21/07/06. I had gone to my sisters house in Kondhwa on the earlier day as I had some patients there and slept there for the night. My mother was also there after a operation of knee cap that had broken. My brother called me on phone and told me that some policemen had come and want to meet me. Kondhwa is 7 kms from Camp. I told him that I would come and asked him when the police had come. He told me that they had come twice in the night. I told him that he should tell me if they come again. I returned to my house in Camp at 9.30 a.m. The police came at 10.00 a.m., had some talk with me and immediately caught me and took my mobile, money and personal belongings from my pocket. This was going on in front of my house. They then took me inside the house, searched the entire house, went to the 2nd floor where I reside, searched it, did not find anything. The persons who were searching the house below found my passport and nothing else. I was taken to the circuit house at about 11.00-11.15 a.m. and tortured and beaten. They asked me whether I had gone to Iran and I said yes. They asked me whether I know Rahil in Mumbai. I said no. They took some more names, which I do not remember now. They then put me in the vehicle and took me to Mumbai. En route they were receiving some calls that came on my mobile and cutting some calls.
(Adjourned as court time is over).
Date : 11/07/13 Special Judge
Date : 12/07/13
Resumed on SA
Further chief-examination by adv Shahid Ansari h/f Khan Abdul Wahab for accused continued….
(Witness requests that he be permitted to make corrections in respect of the evidence that he gave at the end yesterday. Permitted). I now say that officers Arif Patel and Azam Patel had not come to Pune to take me alongwith officers Hargude and Gaikwad. The officers had come in Bolero Jeep No. MH-01-BA-4230. Accused no. 2 has produced the certified copy of log book Exts. 3158 to 3162 of that vehicle that he obtained under the RTIA. We reached Unit-II of the Crime Branch at Saat Rasta in the evening and I was kept there. An officer called my brother-in-law from my mobile in that night as my family members did not know where I was. My brother-in-law asked him where I am and whether they can meet me, thereupon the officer told him that I am at the above address and they can see me in the newspapers and TV. I was kept there upto 26/07/06. I was handed over to the ATS on 24/07/06. I was continuously beaten from 21st to 24/07/06 and made to stand for the whole night with my hands tied above. I was not given food and water and was continuously asked about my Iran trip. I was beaten by belt on the soles of my legs. I was taken to the Bhoiwada ATS office on 24/07/06, kept separate in room no. 2 on the first floor. I was then sent to the 2nd floor. I do not know the name of the officer, but he stripped me naked and beat me by belt for a long time, then asked me to wear my clothes and then inquired with me. I was not allowed to sleep for whole of the night
Officers Bagwe, Tonpi, Rathod, Sachin Kadam and Dinesh Kadam beat and tortured me and inquired with me for the whole of the day on 25/07/06. I was not taken to any hospital from 21st to 25/07/06. I was produced before judge Garde in Mazgaon court on 26/07/06. He remanded me to 14 days police custody. My beating and torture continued after return. I was made to sit on the floor and my legs were stretched 180 degrees. I used to shout and cry. I was taken to KEM Hospital on 27th or 28/07/06 and before I was taken in front of the doctor, the officer and constable who had taken me there, threatened that if I complained about my physical condition and trouble, they would beat me and torture me more than before. Nothing happened after we returned back from the hospital. Some officers used to come thereafter and inquire with me whether I know the accused no. 3 and 9 and I told them that I had never seen them and met them. They used to ask me about my visit to Iran and say that I had gone to Pakistan from there, but I denied. They asked me whether I know Azam Chima and inquired about my earlier cases at Pune and whether I am a SIMI member.
Officers Dinesh Kadam, Arjun Gaikwad, constables Bagwe, Desai and one more constable took me to Pune on 30/07/06 from Bhoiwada. En route they inquired whether I know Rizwan Dawrey, but I said no. I came to know that we were going to Pune when we went on that route. They did not tell me why we were going to Pune. On reaching there they asked me where Fatima Nagar is. I told them. Then they asked me where the police station is. I showed them the road and we reached the police station. The officers went inside the police station keeping me in the vehicle. They returned after some time and we went to Premanand Park apartment. They went in that apartment keeping me in the vehicle, came down after half an hour and then went in the adjoining building. An old man was with them. They came down after considerable time with the old man and a boy, whom I recognized in the court when he gave evidence as Abdul Rehman Dawrey. He was made to sit with me in the vehicle. Arjun Gaikwad told me not to speak with him. Arjun Gaikwad said that we are to go to Camp. I told him that my family members would not be there, but they may be at Kondhwa at my sister’s house. Therefore we went to Kondhwa to my sister’s house in Shah Residency. We were there for about one and a half hours and came to know that my parents and wife had gone to my house in Camp. I shaved and had a bath at my sister’s house. We went to Camp Police Station from there. The officers went inside, returned after some time, one more vehicle of that police station came with us and we went to my house.
Abdul Rehman Dawrey was made to sit in the vehicle during this entire period. One constable stayed in the vehicle with Abdul Rehman Dawrey and I and all other officers and constables went to my house. The two officers and two constables sat in the house and talked with my parents for a long time and placated my parents in respect of the news about my arrest, being a SIMI member, etc., in the news papers and told them that inquiry is going on and if I am found innocent I would be released. They talked with my parents nicely as my mother was in plaster. Thereafter we heard loud sounds from outside, some people had come in morcha. They did not search the house during this entire period, but only sat and talked. There was no panch witness including PW-61 Milind Alankar Mane with us at that time. There was no search or panchanama on that day and nothing was seized. It is a false story of the prosecution that maps of India and Mumbai and books were found. The books were brought from Khandwa as per their copies produced by the accused no. 2 Exts. 3226 to 3234, obtained by him under the RTIA. They were foisted on me. As there was a morcha on my house, we had to return back to Mumbai. Abdul Rehman Dawrey was in the vehicle with me. We were first taken to Kalachowki and then to Bhoiwada.
I was taken out of my cell on 02/08/06 and taken to the second floor. Commissioner Roy, Jaijeet Singh, Bajaj, Sunil Deshmukh, Khanwilkar, Sachin Kadam and other officers were present there and when I reached there I saw accused no. 2, 3, 9 and 11 sitting on the floor without clothes. I was also stripped and we all were beaten by belt on the palms and soles. This continued upto afternoon after which I was sent back to my cell. We were taken to the KEM Hospital after every two days during this period on condition that we should not talk with each other, not make any complaint to the medical officer and not tell him about any physical problem if asked. If sometimes the medical officer asked us, the officer or constable used to reply that there is no problem. It usually happened that the doctor did not ask us anything, but obtained our thumb impression.
I, accused no. 2 Tanveer, accused Faisal, Ehtesham and accused no. 9 were taken to Kurla Police Station on 14/08/06 to the Anti-Robbery Cell. Officers Dalvi, Phadke, Awte and some officers and constables, whose names I do not remember now, took me to a separate room, stripped me and beat me heavily. I was handcuffed to a window. I saw Tanveer, Faisal, Ehtesham and Muzzammil also handcuffed in the main hall and being beaten. This was going on till late night. The accused no. 3 and 9’s father was brought there along with a veiled woman member of their family. We all were naked at that time and the officers and constables were using filthy and dirty language. They stripped accused no. 3’s father’s clothes, abused and misbehaved with him. Officer Dalvi scolded the woman and used bad language and took off her veil. The accused no. 3 and 9 were beaten heavily during this period. They were pleading and crying on seeing the misbehaviour with their father. When their father tried to hide his modesty, he was beaten on his hands and told to hold the hands high. The officers were threatening the accused no. 3 and 9 to tell what they did and even if they do not know they should take the responsibility of the blasts and that their father would take the responsibility. They also threatened me to take the responsibility of the blasts or else they would bring my women family members there and would strip them in our presence and the drug addicts would be asked to molest them. It was continued during the whole night upto the next morning. We were handcuffed to high windows so that we could not sit or sleep.
Nothing happened on the next day, we were given very less food and water during the day and when we asked for more they told us that we would not be able to take more beating in the night if we eat more. Officer Phadke beat me heavily in that night. I saw PW-59 and PW-71 Abdul Rehman in an adjoining room when I was taken to the toilet there and saw that their physical condition was very bad. An officer was sitting on PW-71 and another officer or constable was holding the hairs of PW-59 and abusing them. I saw father of accused no. 3 and the female in the corridor with an infant with her. I was handcuffed to a chair in the room after I returned and kept in that state for the whole of the night. We had gone to Bhabha hospital in between. The medical officer did not ask us anything and obtained our thumb impressions.
Nothing happened on 16/08/06. Officer Phadke and constable Awte threatened me in the night of that day that if I do not listen to what they say, they would behave with my family members in a more worse manner than the family members of the accused no. 3, which I had seen. We were then taken back to Bhoiwada. I was taken to Kalachowki after some days. Officers Tajne and Sachin Kadam took me to a room and handcuffed me to a ring in the floor and told me to narrate since beginning about SIMI and my Iran visit and I again repeated my denial of any connection with SIMI. They then said that I have not learnt any lesson after what had happened in Kurla. They gave me some written papers saying that after that day I have to say what is written in them.
(Adjourned for recess).
Date : 12/07/13 Special Judge
Resumed on SA after recess
It was written in the paper the I am connected with SIMI, that I had good friendship with accused Faisal and on his say I had gone to Iran and from there to Pakistan, took arms training there, that after I returned I worked for him, that I helped him in the preparation of the 7/11 train blasts, that I did recce, that I was present in the meetings prior to blasts alongwith the accused no. 2, 3, 4, 9 and 11 and I had knowledge about the blasts that took place on that day. There were some more things written in it, which I do not remember now. Officer Tajne told me to learn it by heart in an hour, that they would take my test and if I commit mistake they would torture me more than at Kurla. Tajne and Sachin Kadam came after about an hour, took me to an adjoining soundproof room having a double door. They asked me whether I had learnt it by heart and I said yes. The moment I said ‘but’, they beat me severely. They told me that I would have to speak the story before a camera and told me to speak naturally and it should not appear that I am frightened. I started narrating what I had learnt and if I committed some mistake, they would stop the camera and beat me. I committed mistakes once or twice, so they stopped the camera and asked me to repeat from beginning. I was taken back to Bhoiwada after my narration was completed.
Officer Mandke beat me continuously after 17/08/06 for many days and used to utter bad words about Prophet Mohammad and say bad things about Islam. He harassed me mentally and physically in such a manner that I thought that he had hatred not only against me but against entire Islam and his interaction was not connected with interrogation. I was produced every ten days or fifteen days in the Mazgaon court before Judge Garde, prior to which the officer or constable taking me there used to warn me not to make any complaint and used to threaten me that if I complained I know the consequences as I am in their custody.
I was taken to Kalachowki on 3rd or 04/10/06. Officer Dinesh Kadam again video recorded the story that was given to me for learning saying that he wanted to see whether I remember it. I told him that the recording is over and he knows that I have no concern with the other persons who had been caught. He said that he knows it and asked me to co-operate saying that I would be released early. He talked with me nicely. I told him that the case is in respect of blasts and how I can be released early. He said that they have good connections. He said that after some days I would go in judicial custody and our case would be before Bhatkar Madam and that they have set up every thing. He sent me back to Bhoiwada. Thereafter, many officers came to meet me. Their behaviour was changed and they used to say to me that I should co-operate.
Officers Tajne, Deshmukh and Mandke met me in Bhoiwada on the next day or the day thereafter and told me that they would be taking me to a superior officer before whom I should narrate whatever I had narrated before the camera and told me that the said officer has no concern with the case. They took me to L. T. Marg Police Station, an officer from there came with us and then they took me to DCP Dumbre. He made me sit in front of him and talked with me nicely and asked me to sign on some written papers that were before him. I refused. Officers Tajne, Deshmukh and Mandke then threatened me heavily and then I signed on the papers. I was then taken to L. T. Marg Police Station and kept in the lock-up. I was again produced before the DCP on the next day in the afternoon. The three officers again threatened me heavily before that, that if I do the things as told, further things would be easy for me and if I do not listen, I would be in more trouble. I signed on the papers before the DCP. I was not permitted to read the papers. I was fasting and as evening was approaching, they made some arrangements for food. I was then put back in the lock-up of L. T. Marg Police Station. I asked the officers on return as to what was written in the papers. They told me that my details like name, address, name of parents and their details, details of my wife and children and my profession were in the papers. I told them that there were many papers. Officer Deshmukh and Tajne and the officer of the L. T. Marg Police Station took me to the office of the DCP and then to the Killa Court and before reaching there they told me in the vehicle that I should not say anything there. I do not remember the name of the magistrate before whom I was produced. He only asked my name and asked me whether everything is alright and I said yes. I do not remember whether he asked me to sign somewhere and whether I signed or not.
I was in police custody for a total period of about 75 days. The above officers and some more repeatedly came and took my police custody from time to time and the mental and physical torture continued. We were finally produced before Bhatkar madam on 09/10/06. I told her about my video recording. While coming to the court I came to know in the vehicle that the papers that I had signed was my confessional statement. I told Bhatkar madam that I had not given any confessional statement, I admitted the details of me and my family written in it, but did not admit other contents. We were remanded to judicial custody. The judge noted my retraction in the roznama and marked it as Exhibit ‘K’.
I filed a written complaint on the next date, i.e., 09/11/06 when we were produced in the court, which was marked as Exhibit ‘K1’, in which I denied having given confession. I realized at that time that the story in the papers containing my family details was false and all false things were written therein. Office Mandke came to meet me thrice in the prison in between 09/10/06 and 09/11/06 and used to ask me to retract and cancel my complaint and retraction and to do as he says for which they would give me Rs.20/- lakhs and a single bedroom flat wherever I desire in Mumbai. He asked me to become an approver and showed me some money from his pocket saying that they are about Rs.2-2 ½ lakhs by way of advance and that I could give this amount to my wife or brother or to anyone. He told me that they are so influential that they can come to meet me there and there is no escape for me. I refused. He told me to think it over and that he would come after one day. These meetings used to take place in a room behind the office of Swati Sathe. Govind Patil, In-charge of Anda Cell had taken me out of the cell and to the office of Swati Sathe on all three occasions.
Govind Patil took me to the office of Swati Sathe at about 9.30 a.m. on 09/11/06, where she and Sachin Kadam were present. She told me to become approver and that it will benefit me and said that it is a lifetime opportunity and I should get myself released after taking whatever they are giving. I refused. She threatened that I am in her custody and that I should not expect good behaviour from her and that I should not understand that I will stay there peacefully and not to say in the court what she had said to me. I was taken in a jeep to the court. ATS constable Patil was with me in the jeep and he continuously asked me to think about all things. I have mentioned all these things in the complaint ‘K1’. Thereafter Swati Sathe, Govind Patil and other officers continuously pressurized me, harassed me and repeatedly searched my room. My co-accused complained against her and other jail staff. I was being pressurized so that I would become an approver. Finally we were taken out from our cells on 28/06/08, beaten because of which I suffered fractures, sent to Nagpur, not treated there, but inspite of that my fractures healed and I became alright. This was done in order to harass me and to prevent me from preparing my defence. I have suffered big personal losses because of this. My father died on 14/11/09. I came to know about it three days late. Finally we came here.
I want to say in the end that I have no concern with this case, that I was not connected with SIMI, that PW-71 has falsely stated that I used to attend SIMI programs, because I had not seen him in my life. PW-69 Alam Qureshi has falsely stated that he had seen me in the house of A3 at Bandra. I met some of the co-accused in police custody and some in jail custody. I had never met them earlier and had no meeting with them. I am in custody since more than seven years and I have suffered big losses as I am falsely involved in this case. My mother died last year on 07/06/12. We had started reducing our tiffin business since 2004, but it was a good business in 2006. It has collapsed because of my arrest in this case. I used to earn reasonably in my own business. Everything is over. The contents in the confessional statement of my co-accused relating to me are all false.
Cross-examination by SPP Raja Thakare for the State
It is true that all the applications that I gave in this court are in my handwriting and in English. I know English well. It is true that I am being defended by an advocate of my choice. I have full faith in him. I have full faith in this court. There is no other case against me other than this case. There is no case against me at Pune. I do not fully remember the allegations in the case at Pune in which I was arrested. I remember that there was an allegation about me being a SIMI member in the case before the case in which I was detained under section 153 A or B. I had given a bond of six months before ACP. I do not remember whether it was in the bond that I would not commit any crime in the next six months.
(Adjourned as court time is over).
Date : 12/07/13 Special Judge
Date : 15/07/13
Resumed on SA
I do not know for what purpose and from whom a bond is taken as was taken from me. I did not challenge the order of the ACP, who had directed me to give the bond. It is not true that I was repeatedly doing anti-national and anti-social activities, therefore, my bond was taken.
I stay in Pune since my birth. I understand Marathi, but cannot speak it fluently. I did not hear the entire evidence that was given in this court. Witness volunteers- the sound does not reach to the backside where I sit. It is not true that I have understood what evidence has been given. It is not true that I had not complained to this court about it. I have read some of the evidence. I know the allegations against me. It is true that court had asked questions to me and all other accused together during our statement u/s 313 of the Cr. P. C. It is true that I and my co-accused have given separate written submissions alongwith the answers that we gave to the questions u/s 313 of the Cr. P. C. It is true that I had replied in the negative to the question asked by this court as to whether I want to give evidence on oath. The accused no. 4 and 13 are in my barrack. I have not discussed about the case with them. It is true that we are kept in the corridor on the third floor of this court and we are together there till we are called in the court hall on every court date. It is not true that our friends and relatives come to meet us during that period. It is not true that press reporters also come to meet us. It is true that many co-accused have collected information under the RTIA in connection with this case. I did not make any such application. I do not know whether the accused no. 2 and 4 have collected more information than others. It is not true that the accused no. 2 collected information in my respect. I had discussions about the case sometimes with my co-accused when we waited outside the court. I do not remember whether I have discussed about the date and place of my arrest. It is true that I have had many discussions with many co-accused about the various issues in the case during the period of seven years, but I do not remember exactly. Nobody discussed with me about the subject matter of the information that they used to ask for under the RTIA. I did not tell any co-accused to collect information under the RTIA on my behalf. Witness volunteers- accused no. 2 told me that he had obtained logbook in respect of vehicle used by Hargude and had told me that it contained information in my connection and the accused no. 4 had told me that he had collected information under the RTIA from Khandwa Police Station in respect of the books that are shown to be recovered from me. I do not rely on the entire information that was collected under the RTIA. Witness volunteers- except the above two. It is true that all the information that is collected under the RTIA and produced before this court is complete, correct and reliable. It is true I have not given any documents about my mobile. I did not collect any information about my mobile under the RTIA and did not tell any co-accused to do so.
It is true that Crime Branch and ATS police do not wear uniform. The policemen who came to my house for the first time were in civil dress and the policemen who had searched my house were also in civil dress. It is not true that local police were with them when they searched my house. I did not know the policemen who came to my house for the first time. I did not prepare any notes about the times and dates of their visits and their names. I do not know whether my co-accused had prepared any such notes about the times and dates of their arrest and search. My brother and brother-in-law had come to Mumbai on the next day after the day I was brought to Mumbai, i.e., on 22/07/06. My friends and relatives did not come to the office of the ATS at Bhoiwada. Witness volunteers- my wife had come once or twice with food after taking permission and she was allowed to give the food. None of my family members, relatives or friends were present when I was first produced in court. The accused no. 11 Zameer was produced alongwith me at that time. I do not know whether his relatives were present. No advocate had appeared for me on that day. Witness volunteers- the ATS people used to tell us not to engage advocate as it was of no use. It is true that we were taken to the hospital before being taken to the court. Witness volunteers- the doctors did not check us. It is true that whenever we were produced before the magistrates, the magistrates used to ask us whether we had any complaint against the police. Witness volunteers – The ATS used to threaten us not to say anything. I was taken to the hospitals similarly many times during police custody. I do not know whether all the certificates about my medical examinations are before the court. It is true that doctors have been examined in respect of those certificates. It is true that the first complaint that I made in writing to this court was on 09/11/06. I do not know whether my co-accused did so similarly on that date. It is true that my advocate was acting for me even prior to 09/11/06. It is true that in the application that I gave on 09/11/06, I had not mentioned the names of officers Hargude, Gaikwad, Arif Patel, Azam Patel, Tajne, Rathod, Bagwe, Tonpi, Dinesh Kadam, A. N. Roy, Jaijeet Singh and Bajaj.
I appeared for the SSC only once. I was not doing any work at that time. My family consisted of my parents, two brothers and one sister at that time. My parents were earning at that time. We were well to do. My parents did not pay income-tax. The airfare to Iran in 2002 was about Rs. 14,000/-. Neither my father nor any other family member ever went to Iran.
- Whether you have taken any training or education about spiritual healing?
There is a guru who teaches us all these things step by step. My guru was Shaikh Abdul Kadar. I had purchased the air ticket of Iran from PW-45. I went alone to Iran. It is not true that people mostly go for ziarat in groups. I stayed in the saraikhana in Qum and Mashad and in hotel Pasargadh in Tehran. It is not true that I am stating falsely that I had gone to Iran for ziarat. It is not true that I went illegally to Pakistan from Iran and took terrorist training.
It is true that Crime Branch police brought me from Pune to Mumbai and then handed me over to the ATS. It is not true that I was arrested on 25/07/06 by the ATS, taken to the KEM hospital in the night and produced in the court on 26/07/06. It is true that officer Gaikwad and staff had taken me to Pune on 30/07/06 in the Qualis jeep No. MH-01-BA-4331. It is true that I was produced before DCP Dumbre on 05/10/06 and 06/10/06. It is true that I was produced before the magistrate on 07/10/06 after my signatures were taken before the DCP on 06/10/06. I heard the evidence of PW-59 Mohd. Alam Gulam Qureshi. He was unknown to me and I had no friendship or enmity with him. I had no friendship or enmity with PW-71 Abdul Rehman Dawrey. It is not true that I am denying those parts of evidence that nail me down. It is not true that my house was searched as per law and SIMI literature was found, that map of Mumbai containing markings of sensitive places was found, that I had done recce of those places, that a map containing the route from India to Pakistan drawn on it was found, that I had gone to the camp of Azam Chima of L-e-T for taking training, that my co-accused Faisal is connected to L-e-T, that his handwriting was found on the maps that were found in my house, that I gave confession voluntarily, that the DCP recorded it as per the provisions of law, that I was present in the conspiratorial meetings with the accused no. 2, 4, 9 and 13 in the house of accused no. 3 as stated by PW-59, that all the allegations against the police about ill-treatment and torture are false and are made as per the Al-Qaida manual, which is used by terrorists and that I made false allegations against officer Mandge about he using bad words about Prophet Mohammad. It is not true that there are no allegations against officer Mandge in my applications dated 03/07/06 and 09/11/06, Exts. K and K1, that I have stated about Dinesh Kadam having managed judge Bhatkar only to defame the judiciary and that I deposed falsely.
R.O. (Y.D. SHINDE)
Spl. Judge UNDER MCOC ACT,99,
Date:- 15/07/13 MUMBAI.