Samjhauta : NIA ‘left out crucial evidence’

Bhartesh Singh Thakur
Tribune News Service
Chandigarh, March 28

NIA Special Judge, Haryana, Jagdeep Singh, while acquitting four accused in the Samjhauta blasts case for want of credible and admissible evidence, said, “It is generally noticed that a malaise has set in in the investigating agencies which coin various terms like Muslim terrorism, Hindu fundamentalism, etc, or brand act(s) of criminal(s) as act(s) of a particular religion, caste or community.”

The NIA had described the Samjhauta blasts as a revenge of jihadi attacks on Hindu temples in its chargesheet against Aseemanand, Lokesh Sharma, Kamal Chauhan and Rajinder Chaudhary. All four were acquitted on March 20 but the judgment was made public only on Thursday.  

The NIA judge said, “A criminal element, belonging to a particular religion, community or caste, cannot be projected as representative of such particular religion, community or caste and branding the entire community, caste or religion in the name of such criminal element(s) would be totally unjustified and it would be in the best interests of humankind to nip such tenancies in the bud lest we should be heading towards intense civil war or be caught in a whirlpool of fratricide.”

“It is high time we made this world a place of peaceful coexistence lest the sentiments of mutual hatred or false notions of supremacy over one another should engulf the planet,” said the judge.

Calls for witness protection scheme
On a large number of witnesses turning hostile in the Samjhauta case, the judge said, “The Hon’ble Supreme Court, time and again, has expressed concerns about the safety and protection of witnesses and, therefore, it is again high time we put in place some sound and workable witness protection scheme at the earliest so that every criminal trial be taken to its logical conclusion.”

He said, “Indian civilisation, which is one of the oldest, has survived several onslaughts throughout centuries, which testifies vibrancy of its rich heritage and culture and, therefore, we need to remind ourselves and the world at large of the old Indian phrase expressed in ‘Vasudhaiva Kutumbakam’, which aptly conveys that ‘the world is one family’.”

Praises ASI Kashmir Singh for saving lives
The judgment pointed out that the services of ASI Kashmir Singh (since deceased) have been exemplary, who himself took up the courage to save maximum lives trapped in the burning coaches of the Samjhauta Express.

The NIA judge said, “...it further reflects that police personnel and armed forces personnel do not hesitate even in making the supreme sacrifices in the line of their duties and such personnel like ASI Kashmir Singh are the real heroes who deserve the highest accolades and the highest awards/rewards for their selfless services towards mankind and it is selfless services of such personnel, which keep all hopes of a Utopian society afloat.”

‘Court has to appreciate evidence on record’
“A Court of Law is not supposed to proceed on popular or predominant public perception or the political discourse of the day and ultimately it has to appreciate the evidence on record and arrive at the final conclusion on the basis of relevant statutory provisions and settled law applicable thereto,” the judgment said.