Friday, November 19, 2010

Legal Notice to Home Minister Rajasthan by Indresh Kumar(RSS Pracharak)

The Home Minister,
Rajasthan Secretariat
Government of Rajasthan,


On behalf of and on instructions from my Client Shri Indresh Kumar Pracharak, Rashtriya SwayamSevak Sangh, I hereby serve you with this Legal Notice as under:

1. The Times of India in its edition of 28.10.2010 reported you having made the following statement:

“He (Mr. Indresh) gave guidelines about triggering the blast. He decided who will make the bomb, who will trigger it, who will provide the money and the mobile and who will handle the media.”

2. Actuated by malice you have deliberately committed a breach of duty owed to my client knowing you have no power to so to do and in any event with reckless indifference to the same.

3. Dissimulating facts you are trumping up charges against my client disguising them as legal process which is but a cloak for your political agenda and that agenda is controlling “investigation” into offences like Ajmer Blast forcing them to move in a direction which suits your political needs.

4. In deliberately misstating and distorting the Chargesheet filed in the Ajmer Blast case not only are you substituting your imagination for what is stated therein but revealing your intent to coerce the investigating agency to toe your line and thrust an offence onto our client and portray him to be an offender by any means necessary, the illegality of the same notwithstanding.

5. This explains a statement attributed to the Chief Minister that our client will soon be called for investigation. Your intent having been revealed in your statement the so called investigation would only be a ritual performed under your guidance there being a predisposition to hold my client culpable, the facts of the case notwithstanding.

6. You and the Chief Minister seem oblivious and unconcerned by the fact that the investigation has culminated in a Chargesheet which lists out the accused sent to trial and those against whom investigation is still pending and my client is in neither category of accused.

7. It is apparent you want to force the investigating agency to change its opinion.

8. The said Chargesheet lists the following as Accused:

I Devendra Gupta @ Bobby @ Ramesh s/o Sh SatyaPrakash Gupta, Bihari Ganj, Pahali Gali ke Samne, Ajmer Rajasthan

II ChandraShekhar Leve S/o Sh LakshmiNarayan Leve [Patidar Barot] r/o Vill Chapri, PS Kalapipal, Distt Shajapur, Madhya Pradesh

III Lokesh Sharma @ Kalu @ Ajay @ Abhay S/o Shri Gopal Krishna Sharma r/o 180, Sanghi Street Mahu, PS Mahu, Distt Indore, Madhya Pradesh

The Chargesheet lists the following Accused against whom chargesheet is NOT filed:

I Sandeep Dange @ Vasudev @ Baljit @ Parmanan r/o s/o Sh Vishwas Keshav Dange, r/o 360, Lokmanya Nagar, Indore, Madhya Pradesh

II RamChandra @ Ramji s/o Shri Gopal Singh r/o Vill Gopipur, Distt Shajapur, Madhya Pradesh Hall 21,22 Shanti Vihar Colony, Kanadiya Road, and

26 Shriram Nagar, Near Bengali Chauraha, Indore Madhya Pradesh

III Late Sunil Joshi @ Manoj @ Guruji s/o Shri Shyam Lal Joshi r/o G 7, HIG, Vikas Nagar, Dewas Madhya Pradesh.

9. The Chargesheet in paras 5.49-5.54, specifies the role and responsibility of each of the Accused as under:

5.49 As such, from the investigation conducted so far, statements of witnesses, available documents, it is proved that Hindu fundamentalists under the leadership of Swami Aseema Nand, Sanchalak of Shabri Mata Mandir, Ahava, Distt. Dang (Gujarat) formed a terrorist group to take revenge and retaliate the bomb explosions carried by Muslim Terrorist organization at different places all over India and late Sunil Joshi, Sandeep Dange, Ramji Kalsangara, Lokesh Sharma, Pragya Singh, Shivam Dhakar, Samandar and Devendra Gupta and others joined this terrorist outfit as active members.

5.50 This terrorist group held many meetings at Ujjain, Indore, Shabri Dham and Mihijam and hatched a criminal conspiracy and under a well thought strategy under the leadership and guidance of Swami AseemaNand, late Sunil Joshi was entrusted with the responsibility of carrying bomb explosion at Dargah Sharief Ajmer and collecting necessary resources for the same such as explosive material / substance, timer device and other equipments, etc. Sunil Joshi while dividing the work among his other associates entrusted different responsibilities to them to execute this bomb explosion.

5.51 Accused Sandeep Dange and Ram ji Kalsangara were given the responsibility to procure technical knowledge and to make bombs by using necessary resources such as equipments and explosives etc. to carry out the bomb blast at Dargah Sharief Ajmer.

5.52 Devendra Gupta was assigned the work of making available fake IDs for purchasing Mobile Phone and Sim Card to be used as timer device in the bombs to be exploded at Dargah Sharief Ajmer. Accused Devender Gupta selected his earlier area of operation Jamtara (Jharkhand) and Asansol Chitaranjan (West Bengal) for this work and using his contacts in this area. The said Devender Gupta fabricated and forged the fake driving license and voter I- Card and made available the same to late Sunil Joshi and Ramji Kalsangara. By using these fake IDs, Ramji Kalsangara and Sunil Joshi had purchased total 11 SIM Cards from the aforesaid areas out of which 4 SIM Cards were used as timer devices in the bomb blasts at Dargah Sharief Ajmer and Mecca Masjid Hyderabad.

5.53 Accused Lokesh Sharma with Ramji Kalsangara went to Faridabad and Delhi and purchased mobile phones used as timer device in these bomb explosions. Accused Lokesh Sharma along with late Sunil Joshi procured explosive substances to make bombs and actively participated in the meetings to hatch this criminal conspiracy. Lokesh Sharma with Sandeep Dange went to Mecca Masjid Hyderabad and did recce for bomb explosions and identified the spots for plotting bombs.

5.54 It was proved from the investigations that this terror outfit had purchased total 11 SIM cards and 8 Mobile Phones out of which 2 SIM cards got damaged in the blast and 2 SIM Cards have been recovered from the unexploded bombs. So far nothing could be found out about remaining 7 SIM Cards out of the said 11 SIM Cards. Further investigation in this regard is continuing.

10. Admittedly the investigating officer has concluded that our client is not part of any conspiracy and has no role whatsoever in it and a bare perusal of the charge sheet itself demonstrates the absence of any link both with the object of the conspiracy and those intending to achieve it. Your statement is clearly an instance of false memory and substitutes your wish of a state of affairs for a different state of affairs which exists and in which our client has no role.

10.(A) The Chargesheet refers to a meeting in Gujrati Samaj Guesthouse allegedly attended by our client. The Chargesheet, nevertheless, contains no material whatsoever in support of the meeting aforementioned. No document or statement (which together add up to almost a 1000 pages) support, even remotely, the said extract of para 5.13 of the chargesheet. Your statement to the press makes it apparent that a reference has been made to the alleged presence of our client in the so called meeting upon your instigation though there was nothing un-earthed in the investigation.

11. A bare look at the Chargesheet shows that the reference to the meeting has been thrust into it dubiously and deviously and not only is there no link with the chain of events involving the Conspirators–made-accused and others named, the very purpose of the so-called meeting for the professed objective was non-existent, for the reasons revealed in the Chargesheet itself.

12. The extract concerning the meeting is wholly antithetical to the very basis of the Chargesheet.

13. The utter incongruousness of the imputation also becomes apparent when contrasted with the findings of the investigators in Malegaon Blast case where the very persons whom our client is alleged to have addressed had professed the desire to eliminate him for differences in their respective ideology and outlook.

14. In yet making a pointed reference to our client you have unlawfully exercised power motivated by malice targeted at and intended to injure my client aside from showing an awareness that your act will in the ordinary and probable course of events cause injury to my client. You have slandered my client and made a made a calumnious reflection on him.

15. The instant case is not only one of defamatory imputation but deliberate abuse of power. There was no authority in you to do what you did and the injury to our client was the foreseeable and inevitable consequence of the act. The action is one which no honest or reasonable man would have taken.

16. A Pracharak of Rashtriya Swayamsevak Sangh and Hindu by religion, our client has always shunned both violence and fundamentalism. It is for this reason that elements of extremist fringe who are accused in Malegaon and have been arrested elsewhere, have not only openly expressed their hostility towards him but also manifested the clear intent to eliminate him.

17. No civilized system can be allowed to play with the lives and reputation of its own people. An allegation so grave, made in a manner so cavalier, without even a shred of evidence in support, inviting public obloquy and ridicule is ex-facie an instance of oppressive, arbitrary and unconstitutional action rendering you liable for malicious, deliberate and injurious wrongdoing.

18. Right to reputation is recognized as a facet of the right to life guaranteed by the Constitution. Aside from other proceedings you are also liable to our client for deprivation of this right. Your liability for this breach arises in Public Law and is created by the Constitution which guarantees protection against such deprivation. The due process of law has been both shamelessly and brazenly violated by you and my client is entitled to make against you, aside from other proceedings available, a claim in public law for compensation for the injury suffered by him. Law civilizes public power and assures citizens that they live under a legal system which protects their interests and preserves their rights. The office never sanctifies the holder and the instant is clearly a case of deliberate wrongdoing.

19. The political interference in the investigation also becomes apparent in your reference to Samjhauta Express. It is apparent you are treating the Chargesheet as an instrument of propaganda meant for address to a particular constituency only and not a legal document which has worth and sanctity outside its political purpose. Aside from the fact that the reference was unnecessary in a Chargesheet dealing with Ajmer Blast the comment is different from the stated position of the Government of India as also findings of the United Nations Security Council that Let was involved in the Samjhauta Express bombing. There is, therefore, reason to assume that this is part of a gambit with the government at the Centre, also ruled by the same political party and hence sharing the same political agenda, to give a witch-hunt the euphemism of investigation.

20. You are acting to seek and persecute my client with complete disregard for his innocence. Any further interference with the legal process, attempt to influence investigation, distortion of facts, fabrication of evidence and making of scurrilous imputations against him will render you and everyone combining with you liable in appropriate legal proceedings. You are also obligated to undo the wrong done and the consequential damage to my client failing which you will be liable, in addition, to exemplary damages and other appropriate legal proceedings our client is entitled in law to institute against you.

Arun Bhardwaj,
Meenakshi Lekhi,
I-8, LGF, Jangpura Extn,
New Delhi-110014
Settled by
Shri Aman Lekhi
Senior Advocate