afedevit by sadhvi pragya

8/14/2019 AFEDEVIT by sadhvi Pragya

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IN THE COURT OF THE HONBLE CHIEF JUDICIAL MAGISTRATE,

NASIK

C.R. NO. I 130/08

(RE-NUMBERED AS C.R. No. 1 18/08 at ATS)

State of Maharashtra ... ComplainantThru ATS

V/s.

Sadhwi Prgyna Singh Thukar & Ors. .... Accused

AFFIDAVIT

I, Sadhwi Pragyan Chandrapal Singh Thakur, Age 38 years, Occupation

Nil, residing at 7, Ganga Sagar Apartment, Katodara Road, Surat, Gujarat

State do hereby state on solemn affirmation as under:-

1. I say that I am a resident of Madhya Pradesh. My parents live in

Surat, Gujarat where they shifted residence a couple of years ago. I

say that for some years now, I found myself becoming increasingly

detached from the material world and correspondingly found

tremendous comfort and solace in Spiritualism . Accordingly I

decided to renounce the material world and become a Sanyasin. On

30.1.2007, after performing the appropriate Hindu Religious rites

and prayers I became a Sadhwi. I say that ever since then, I have

been residing in a ashram at Jabalpur, Madhya Pradesh. My life at

the Ashram almost exclusively consisted of prayers, meditation,

yoga and the reading of spiritual texts. At the ashram I did not watch

T.V. channels and had practically no access to newspapers.

2. I say that apart from my activities at the ashram, I traveled chieflyaround North India for the purpose of religious discourses and

sermons. In connection with these latter activities, between

23.9.2008 and 4.10.2008, I was in Indore where I stayed at the

residence of one Annaji who is my disciple. In the evening of 4th

October, 2008, I returned to my ashram in Jabalpur.


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3. I say that on 7.10.2008, when I was at Jabalpur Ashram, I received a

call from a police officer from the ATS, Maharashtra, called Mr.

Sawant, who wanted to know about my LML Freedom vehicle.

However, I told him I had sold it long back and not concerned with it.However, he insisted me to come down to Surat as he wanted to

question me at length about it. I was reluctant to go to Surat by

leaving the Ashram and insisted for him to come down to Jabalpur,

but he refused and told me to come down to Surat as early as

possible.

4. I further say that accordingly I travelled to Surat by train via Ujjainand arrived at Surat on 10.10.2008 early in the morning and my

disciple Shri. Bhimbhai Pasricha had to receive me at Railway

Station and I went to his place at Atop Nagar.

5. I say that here at about 10 AM, I met officer Mr. Sawant who had

apparently traveled to Surat to trace the ownership of a LML

Freedom two wheeler and I questioned him as to what had

happened to my vehicle and why you are asking about it. I say that I

it was at this point time, Mr. Sawant told me that my vehicle had

been allegedly planted with the explosives and subsequently

detonated in Malegaon in the last week of September. I also say that

it was here for the first time, I came to know that my old vehicle had

been allegedly used in Malegaon blast, which was completely

shocking to me. I confirmed to Mr. Sawant that the LML Freedom 2

wheeler of the colour and number, he mentioned had once belonged

to me.

6. I say that in Surat during the course of my interrogation with Mr.

Sawant, I mentioned to him that the LML Freedom two wheeler

once owned by me was subsequently sold to one Sunil Joshi of

Madhya Pradesh way back in October, 2004 and that Mr. Joshi had

paid me Rs. 24,000/- for the same. I had also signed the necessary

T.T. Form for RTO transfer in October, 2004 itself. I categorically

asserted to Mr. Sawant that since October, 2004 I had no control

over the vehicle or its movements and usage.


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7. I further say that inspite of my answers, Mr. Sawant repeatedly

asked me how the vehicle reached Malegaon and how it came to be

involved in the bomb blast on 29.9.2008. I repeatedly replied that I

could not answer his questions as I had no control of the vehiclesince October, 2004.

8. I also say that Mr. Sawant however informed me that he did not

believe me and that I would have to accompany him and his ATS

team to Mumbai for further interrogation and he assured me that

after such interrogation I would be free to go back to my ashram.

9. It is significant to mention that I was not formally arrested on

10.10.2008. Even though no formal summons to attend as a

Witness was served upon me to make my self available for

interrogation in Mumbai, and even though I was within my rights to

insist that I be interrogated at the place where I reside i.e. Jabalpur,

trusting Mr. Sawant and having nothing to hide, I agreed to

accompany the ATS team to Mumbai . I say Mr. Sawant told me

take my father along with me. However, due to his old age, I told him

it was not proper take down him to Mumbai and suggested that my

disciple, one Mr. Bhimbhai Pasricha, in whose very residence my

questioning was being done by the ATS. I further say that at 5.15

PM myself, Mr. Pasricha and the ATS officer left Surat and reached

Bombay on the very night of 10.10.2008 . In Bombay I was taken

straight away to the ATS office at Kalachowkie.

10. Thereafter for two days I was detained and interrogated by the ATS

team in Mumbai. The questions were repetitive and directed at

somehow involving me in the bomb blast in Malegaon on 29.9.2008.

My answers remained constant throughout.

11. I further say that on 12.10.2008 the ATS changed the mode of

interrogation and became extremely aggressive with me. At first

they asked my said disciple Mr. Bhimbhai Pasricha to beat me with

sticks, belts etc., on my palms, forehands, soles, etc. When Mr.

Pasricha refused to do so, he was severely beaten by the ATS.

Ultimately with the greatest reluctance, he complied with the ATS

orders but obviously being my disciple, he exerted the very


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minimum of force on me. He was then pushed aside by a member

of the ATS squad knows as Khanwilkar, who then himself

commenced beating me severely with a belt on my hands, forearms,

palms, feet, soles, causing me bruises, swelling and contusions inthese areas.

12. I say that from the 13th onwards, I say that I was beaten during the

day , night and midnight. On two occasions I was even woken up in

the early hours of the morning at 4 a.m. and questioned about my

knowledge of the blasts. On these occasions, I was beaten by a

senior officer having a moustache, whom I can identify. In addition Iwas subject to vulgar abuse and obscene language by members of

the ATS team interrogating me. My Guru was abused and my

chastity was questioned. I was physically and verbally traumatized

to the extent that I wanted to commit suicide.

13. I further say that on 14th taken out for the examination at a far away

place from ATS and was brought back in the afternoon and that I

day I had no meeting or even knowledge about Mr. Pasricha.

14. I say that on 15th October, after noon, both myself and Mr. Pasricha

were taken by ATS vehicles to Hotel Rajdoot in Nagpada locality of

Mumbai and were kept in Room Nos. 315 and 314 respectively and

we were made to sign the Hotel Entry register, however, we did not

pay or deposit any money with the hotel manager, which was done

by the ATS.

15. I say that after putting into this hotel I was asked to make phone

calls from mobile No. 94066 00004 and from one more mobile

instrument not belonging to me to speak couple of persons including

one of my female disciple and I was asked to say that I was in a

hotel in Mumbai and hale & hearty and was doing fine. I say that at

that time, I did not know why I was made to say so. I would reveal

the name of my female disciple at an appropriate time.

16. I say that as a result of the custodial violence / torture, mental stress,

anxiety that were developed in the process, I was subjected to, I

developed acute abdominal and kidney pains. I lost my appetite,


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became nauseous and giddy and prone to having bouts of

unconsciousness. In view of this, within few hours after putting in

Rajdoot Hospital, I was removed from the ATS office and was taken

a hospital which learnt it to be Shusrusha Hospital wherein I waskept in ICU. I say that within half an hour Mr. Bhimbhai Pasricha

came down to Shushrusha Hospital with some ATS men and my

Hospital admission forms, and other medical examination forms, etc.

were signed by him. I say that Mr. Khanwilkar deposited money to

the hospital management for me, which I learnt from Mr. Bhimbhai. I

say that after some time Mr. Pasricha left the Hospital along with the

ATS men and thereafter I have no contact with of any nature.

17. I say that I underwent a treatment over here for 3 to 4 days. I say

that as my condition did not improve, I was taken to another hospital

whose name I cannot recall. This hospital consisted of a high rise

building where I was treated for 2 to 3 days. I say that no female

police constable was by my side either in Hotel Rajdoot or in either

of the two hospitals.

18. I say that both at the hotel and the hospitals, I was carried on a

stretcher and my face was always covered with a black hood to

avoid my face from being seen . From the second hospital, I was

brought back to the ATS office at Kalachowkie.

19. I say that I was finally arrested on 23.10.2008 and produced before

the Chief Judicial Magistrate, Nasik on 24.1.2008. I was remanded

to police custody on that date till 3.11.2008. Upto the 24.10.2008

and even sometime thereafter, I was denied access to a Lawyer or

any member of my family. A polygraph test was conducted on me

while I was in illegal detention prior to 23.10.2008. Thereafter a

second polygraph test was conducted on 01.11.2008. On

04.11.2008, after I was remanded to Judicial custody on being

presented before Nasik court on 03.11.2008, I also say that a Narco

analysis test was also conducted on me.

20. I say that both the lie detector test as well as the Narco analysis test

were conducted with out my consent. Never the less all these

investigative tests have only established my innocence in the


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Malegaon bomb blast that took place on 29.9.2008. I finally was

allowed to meet my sister Mrs. Parthibha Bhagwan Jha on the

evening of 02.11.2008, who had brought vakalatnamas of Advocate

Ganesh Sovani who was engaged by my sister and her husband Mr.Bhagwan Jha and had met him couple times in that week. This

meeting was not conducted in private since members of the ATS

stood within hearing distance of my sister and myself. I met my

Advocate Ganesh Sovani for the first time in the court room of this

Honble Court very briefly for 4 to 5 minutes prior to the arguments

commencing on my remand application on 03.11.2008.

21. I say that this period of 4 to 5 minutes was too short for me to give

complete instructions as to what had transpired from 10th October

onwards, about my vehicle, my stay at Kalachowkie, my illegal

detention, the ill-treatment mitigated to me by ATS men, the beating

job that was forced on my disciple to beat me, but which he carried

out reluctantly, without any force, etc. I say that for this reasons, all

the details had not reflected in the hand written application that was

placed on record by my advocate Mr. Sovani, for paucity of time to

give all these instructions.

22. I say that on the evening of Wednesday 12.11.2008, I was allowed

to meet my Advocate Ganesh Sovani for about 5-6 minutes again in

the presence of female staff of Byculla jail. I say that again on

13.11.2008 I was allowed to talk to my said lawyer for 8-10 minutes

to give him some more details. Thereafter, on Friday 14.11.2008

evening at about 04.30 PM, I was given nearly 20 minutes to talk to

my said lawyer at length, and it was during this period I could narrate

my entire ordeal with the ATS which is reproduced hereinabove.

23. I unambiguously state that I am totally innocent of any offence

whatsoever. In particular I have no connection with the Malegaon

bomb blast of 29.9.2008. While my former ownership of LML

Freedom 2 wheeler, which was allegedly used in the Malegaon

bomb blast entitled the ATS to interrogate me, that agency was not

entitled to subject me to the treatment mentioned hereinabove.

Their conduct discloses a blatant violation of statutory provisions of

law, custodial abuse and violence, mental and physical torture and


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prolonged illegal detention. The ATS are fully aware that I am

innocent. It appears however that they have a mandate from their

political superiors to necessarily implicate me with Malegaon blasts

with a view to suggest that Hindu Religious extremists were resortingto terrorism. The prolonged illegal detention, custodial abuse and

physical torture were designed to compel me to confess to crimes I

had not committed. This attempt of false implication persisted for

the entire period between 10.10.2008 and 02.11.2008 . During this

entire period I was deliberately isolated from my family and denied

access to Lawyers. I say that no arrest panchanama was done

after my arrest on 23.10.2008 and I was never asked about thenames, addresses and telephone / mobile Nos. details to whom I

would like to convey my arrest. I say that attention from my illegal

detention was sought to be diverted by the ATS by daily leaking

information regarding my involvement which was manifestly false

and only indicated the malafidenature of the investigation..

24. I say that While I was thus painted as a sinister mastermind of the

Malegaon blasts, a role which has now been subtly reassigned by

the ATS to Lt. Col. Purohit crippled and vulnerable as I was by the

detention, abuse and torture, I could not protest my innocence. Nor

was I allowed access to family, friends and Lawyers who could have

done so.

25. I say that it is necessary that a detailed enquiry of my illegal

detention, custodial torture, etc. needs to be done and for which I am

ready and willing to get subjected to any such medical test or tests

and I also want the ATS officers, who interrogated me, tortured me,

etc. should also be put to the same tests.

26. I say that the ATS has caused blatant violations of my human rights

and I should get a justice and they need to be adequately dealt with

as per the provisions of law.

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27. In the circumstances I now pray for the following relief:-

a) that the ATS be directed to submit an explanation for my

detention without authority of law between 10.10.2008 and23.10.2008;

b). that enquiry / investigation be conducted into my accusation

made hereinabove on oath, regarding custodial

torture/violence and mental and psychological abuse;

c). that such investigation as referred to in (b) above, include apolygraph test, as well as Narco analysis on me to

determine the veracity of my accusations;

d). that such investigation to include a polygraph test and narco

analysis on officers of the ATS named by me, and also of

those officers whose names, I do not know, but I can

identify, for they subjecting me to mental and physical abuse

during custody as well as others to be identified by me;

e) that a report be called for from the ATS for the reasons of my

admission in two hospitals ( Shusrusha an another) and the

medical treatment undergone by me at the said two hospitals

;

f) The ATS be directed to disclose the reasons for my stay at

Hotel Rajdoot at Mumbai.;

g) For such further and other reliefs as may be fit and proper in

the facts and circumstances of the case.

Filed in court on 17.11.2008

Contents Explained to the

Deponent in Hindi &

Confirmed with Deponent..

(Deponent)

Identified by me:

ADVOCATE


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afedevit by sadhvi pragya

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