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In a communication to Prime Minister Manmohan Singh, filmmaker Mahesh Bhatt has conveyed his sense of "great betrayal" over the manner in which his son, Rahul, has been handled by those investigating the David Headley-Tahawwur Rana episode. He felt anguished over his son being questioned.


It would only be fair to set the record straight. The National Investigation Agency team probing Headley and Rana's movements and activities during their stay in Mumbai naturally needed to examine whether any of their local friends or acquaintances, including Rahul, had taken them around the landmarks that were hit by the 26/11 terrorist attack.


The investigating agency has to investigate whether Pakistan-born Daood Gilani did not choose his Christian-sounding name, David Headley, for a definite objective. He has reportedly told the US authorities that it was done to avoid raising an alarm when he travelled.

 

In fact, it was his American identity that failed to awaken suspicion among immigration and police authorities in India. Headley was issued a five-year, multiple-entry business visa, which is said to be against the rules of the Ministry of Home Affairs. The rules reportedly require all cases of Pakistan-born individuals seeking an Indian visa to be referred directly to the MHA.

 

Headley had used his visa to extensively travel across India between 2006 and 2009. He made as many as nine trips to this country, visiting various cities like Delhi, Kochi, Pune, Ahmedabad, Agra and Lucknow besides Mumbai from where he operated his so-called immigration assistance firm. It is apparent that this firm was only a cover used by Headley to recruit footsoldiers for the Lashkar-e-Tayyeba.


The Headley-Rana episode is also one of the first cases wherein a link has been established between a terror suspect in the US and a former Pakistani military officer. Subsequently, five have been arrested in Pakistan.


The problem is that as human beings we are susceptible to forgetfulness, however grievous a hurt might have been. Investigation is a painstaking job. It is the first step in uncovering the truth. Investigation cannot be done as per the wishes of the persons summoned. Determination of the truth and backing it up with solid evidence in court is of utmost importance. But in the absence of a witness protection programme, it becomes almost impossible to get independent witnesses to depose in court, resulting in the cases lingering on for years.


As per the present laws, any statement made to the police or an investigating officer need not be signed. In fact, telling one thing to the investigating officer and another to the court has become the norm as hardly anybody is punished for perjury.


Theoretically, terrorists can kill hundreds, as they did in Mumbai on 26/11, confess to their crime before the police and then deny their guilt in court. On the other hand, the police have to produce independent witnesses to prove that they have the real killers. Plus, anybody is free to go to the media or approach politicians to complain about investigating excesses and project himself or herself as the victim.


No investigator has a magic wand. Concrete links have to be established during the investigation process to build a case. The investigator has not only to establish connections between the crime and the criminals but also answer many unanswered questions that arise during the investigation.

Terrorism is the biggest threat facing India. Following are some of the major terror incidents to have shaken the country which are worth listing:


Mumbai, November 26, 2008: 173 killed and more than three hundred injured in fidayeen strikes

 

Assam, October 30, 2008: 55 killed and over 119 injured in 18 terror bombings across Assam.

 

Imphal, October 21, 2008: 17 killed in a powerful blast near the Manipur Police Commando complex.

 

Kanpur, October 14, 2008: Eight people injured after a bomb planted on a rented bicycle went off at Colonelganj market.


Malegaon, September 29, 2008: Five people killed after a bomb kept on a motorbike went off in a crowded market.

New Delhi, September 27, 2008: Three people killed after a crude bomb went off in a busy market in Mehrauli.

New Delhi, September 13, 2008: 26 people killed in six bombings.


Ahmedabad, July 26, 2008: 57 people killed after 22 synchronised bombs went off within less than two hours.


Bangalore, July 25, 2008: One person killed in a low-intensity bomb explosion.


Jaipur, May 13, 2008: 68 people killed in serial bombings.


Hyderabad, August 25, 2007: 42 people killed in two bombings at a popular eatery and a public park.


Samjhauta Express, February 19, 2007: 66 people killed after two firebombs went off on the India-Pakistan friendship train.


Malegaon, September 8, 2006: 40 people killed in two bomb explosions.


Mumbai, July 11, 2006: 209 people killed in seven bombings on suburban trains and stations.


Varanasi, March 7, 2006: 21 people killed in three bombings, including one at a temple and another at a railway station.

New Delhi, October 29, 2005: 61 people killed in three bombings on the eve of Diwali.


Mumbai, August 25, 2003: 46 people killed in two bomb explosions, including one near the Gateway of India.


Gandhinagar, September 24, 2002: 34 people killed in an attack on the Akshardham temple.

 

Our police forces and investigating agencies are under tremendous pressure to contain terrorism and at the same time keep their political masters happy. It is nobody's case that Mahesh Bhatt's son is a confirmed terrorist. But it would be in the best interest of the country for him to co-operate so that the truth comes out.


Meanwhile, it is high time that visa procedures were streamlined and made more stringent. The general prevailing impression is that a Caucasian with a Christian name cannot be a terrorist. This myth should be dispelled from the minds of the investigating and security agencies. Also, it is time to give our police forces and investigating agencies autonomy as per the September 2007 ruling of the Supreme Court. The media, on its part, should continue playing a constructive role and become its own and the country's watchdog.


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Category Criminal Law, Other Articles by - Raj Kumar Makkad 



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