ON 18 DECEMBER 2010, a team of CBI sleuths escorted an elderly Bengali man Naba Kumar Sarkar, 59 — popularly known as Swami Aseemanand — from Tihar jail to the Tis Hazari court in Delhi, where he was produced before metropolitan magistrate Deepak Dabas. Aseemanand is the key accused in the 2007 Mecca Masjid blast that killed nine people. This was his second court appearance in a span of little over 48 hours. On 16 December, Aseemanand had requested the magistrate to record his confession about his involvement in a string of terror attacks. He stated that he was making the confession without any fear, force, coercion or inducement.
In accordance with the law, the magistrate asked Aseemanand to reflect over his decision and sent him to judicial custody for two days — away from any police interference or influence.
On 18 December, Aseemanand returned, resolute. The magistrate asked everybody except his stenographer to leave his chamber. “I know I can be sentenced to the death penalty but I still want to make the confession,” Aseemanand said.
Over the next five hours, in an unprecedented move, Aseemanand laid bare an explosive story about the involvement of a few Hindutva leaders, including himself, in planning and executing a series of gruesome terror attacks. Over the past few years, several pieces of the Hindutva terror puzzle have slowly been falling into place — each piece corroborating and validating what has gone before. First, the arrest of Sadhvi Pragya Thakur, Dayanand Pandey, Lt Col Shrikant Purohit and others in 2008. The seizure of 37 audio tapes from Pandey’s laptop that featured all these people discussing their terror activities. And most recently, the Rajasthan ATS’ chargesheet on the 2007 Ajmer Sharif blast. Aseemanand’s confession, however, is likely to prove one of the most crucial pieces for investigative agencies.
Unlike police interrogation reports or confessions, under clause 164 of the Criminal Procedure Code (CrPC), confessions before a magistrate are considered legally admissible evidence. Aseemanand’s statement, therefore, is extremely crucial and will have serious ramifications.
For years, since the first horrific blasts in Mumbai in 1992, there has been an automatic and damaging perception amongst most Indians that there is a Muslim hand behind every terror blast. To some degree, this bias was shared by the police and intelligence agencies. Every time there was a blast, under intense pressure from both media and government to show results, instead of going in for painstaking and meticulous investigations to catch the real culprits, the security agencies would routinely round up Muslim boys linked with radical organisations and declare them to be terror masterminds. A frenzied media would swallow the story whole. Though a dangerous cocktail of anger, despair and frustration grew within the Muslim community, few Indians — except members of civil society and media organisations like TEHELKA — dared to take stands and question the status quo. The arrest of Sadhvi Pragya and Lt Col Purohit dented this perception slightly, but they were mostly written off as a small and lunatic fringe. Now, Aseemanand’s confession tears much deeper through this prejudice.
According to him, it was not Muslim boys but a team of RSS pracharaks who exploded bombs in Malegaon in 2006 and 2008, on the Samjhauta Express in 2007, in Ajmer Sharif in 2007 and Mecca Masjid in 2007. Apart from the tragic loss of innocent lives in these blasts, what makes this admission doubly disturbing is that, in keeping with their habitual practice, scores of Muslim boys were wrongly picked up by the Andhra Pradesh and Maharashtra Police, in collusion with sections of the Intelligence Bureau, and tortured and jailed for these blasts — accentuating the shrill paranoia about a vast and homegrown Islamist terror network. Many of these boys were acquitted after years in jail; some are still languishing inside, their youth and future destroyed, their families reduced to penury.
In a curious twist, however, in one of those inexplicable human experiences that no one can account for, according to Aseemanand, it was an encounter with one of these jailed Muslim boys that triggered a momentous emotional transformation in him, forcing him to confront his conscience and make amends. This is what Aseemanand told the judge: “Sir, when I was lodged in Chanchalguda district jail in Hyderabad, one of my co-inmates was Kaleem. During my interaction with Kaleem I learnt that he was previously arrested in the Mecca Masjid bomb blast case and he had to spend about oneand- a-half years in prison. During my stay in jail, Kaleem helped me a lot and used to serve me by bringing water, food, etc for me. I was very moved by Kaleem’s good conduct and my conscience asked me to do prayschit (penance) by making a confessional statement so that real culprits can be punished and no innocent has to suffer.”
At this point, the magistrate asked his stenographer to leave so the confession could continue without restraint.