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Why we must listen to Rohini Salian

Going slow on ‘Hindu terror’ is dangerous. It’s also an insult to the memory of Hemant Karkare.

Special Public Prosecutor Rohini Salian.

Rohini Salian is a legend in the world of public prosecutors. Every policeman knows her name. So do the lawyers and judges of the city of Mumbai. She is single-minded in her commitment to her duties and, above all, everyone knows that she cannot be bought.

Salian’s lament on being asked to go soft on Hindu extremists accused of terrorist acts frightens us to believe that the country is steadily being led on to the path trodden by our surly neighbour on our western border. The masterminds of the 26/11 attacks are treated like heroes in Pakistan.

We are not there yet, but if hidden hands nudge the judicial system to free murderers of the saffron variety, we will be soon.

A day before he was shot dead by Pakistani terrorists who had clandestinely sailed from Karachi to Mumbai, Hemant Karkare, an outstanding IPS officer of impeccable integrity as well as high intelligence and abilities, had come to meet me. He was disturbed by the reactions of some BJP leaders, particularly L.K. Advani, to the turn his investigations had taken in the 2008 Malegaon blast case.

The Anti-Terrorism Squad (ATS), which he headed at that time, had initially suspected jihadi fanatics. Such thoughts would come naturally to any policeman those days as Muslim groupings like Simi had been responsible for several terrorist acts across the country. But, the ATS had suddenly, unexpectedly and, I must add, fortuitously come across incontrovertible evidence, which included taped conversations, to prove that the Malegaon blasts, as well as the Ajmer, Hyderabad and Samjhauta Express blasts that killed nearly a hundred people, were conceived, planned and executed by a group of fanatical Hindus bent on revenge.

It is the duty of law enforcers to seek the real offenders and ensure that they are dealt with by the law of the land. Politics, religion, caste, community have no role to play in the pursuit of truth and justice. It is true that such lofty ideals are often forgotten but fortunately there are still police officers who act according to their conscience and the Constitution. Hemant Karkare was one such officer.

I went through some of the evidence he had gathered. I was staggered. I could understand the anger that prompted the perpetrators to embark on their misconceived journey. But a police officer has to do his duty, which is to stick to the truth and the letter of the law. I advised Karkare to abide by his “dharma”. I offered to speak to Advani if required. I was sure that Advani would appreciate the fact that Karkare was doing what any true gentleman and patriot would be expected to do.

Unfortunately, Ajmal Kasab and his brainwashed companions snuffed out the life of a good man. Karkare was not around to pursue the case but his successors carried on the investigations and filed the chargesheet against the real culprits in court.

Salian is one public prosecutor who can be equated to Karkare, albeit in a parallel arm of the judicial process. As Karkare was to probity in investigations, Rohini is to probity in prosecution. She sticks to the truth and to her duty. In her, the powerful people who want to scuttle the case for ideological reasons have caught a Tartar.

Hemant had approached Salian because he knew that she was not a person who could be influenced by money or any other inducement.
And she was competent. It is this same Rohini Salian whom the powers that be now want to remove from the case because she is not willing to budge from the path of duty and truth. Shame on those who are attempting to interfere in the course of justice. They do not realise the damage they do to the rule of law, to which, incidentally, they pay lip service.

What is worse is that by their covert attempts to get the culprits off the hook, they are encouraging jihadists to strike again, something they are already good at. Another negative fallout will be the licence it will give to evil-minded investigators and prosecutors, both of whom are proliferating in ever-increasing numbers, to revel in injustice and corruption. And then, there is the ultimate price we will pay: losing the moral right to condemn Pakistan when it protects men like Hafiz Saeed and Zakiur Rehman Lakhvi, the masterminds of the 26/11 attacks on Mumbai.

Our leaders need to think of these consequences before they covertly try to sabotage the course of justice. They should desist from making our great country in the image of our neighbour. And finally, they should respect the memory of that fallen martyr, Hemant Karkare, instead of cocking a snook at his noble efforts to bring the true offenders to book.

Case of sour grapes? NIA and Rohini Salian spar over going ’soft’ in Malegaon case.

A day after Rohini Salian, the National Investigation Agency’s Special Public Prosecutor in the 2008 Malegaon blast case, accused the agency of asking her to "go soft" on the accused, the agency hit back, denying the claims.

In a statement issued, the NIA suggested that Salian’s denotification as SPP was already under process as five new officers were available to represent the agency in court and that the question of her going soft on the accused does not arise as the matter is not yet in the trial stage.

At a meeting on 25 May, it was decided that 33 new SPPs were appointed, including five for Maharashtra.

"The performance, suitability and availability of the special PPs who are in the panels for five years or more or who are in the last quarter of completing five years, will be assessed and, if need be, recommendations be made for de-notifying them. In compliance of the decision of the designated committee, heads of NIA branches were asked to send their recommendations for de-notification. In response, the Mumbai branch on June 16 has recommended for denotifying three Special Public Prosecutors including Rohini Salian (who will be completing five years on 31 August) in view of many SPP already available for representing the branch," the NIA said in a statement issued on Thursday.

But Salian was quick to retort, saying she wanted to be "out of these cases" since "it’s over... the facts and circumstances speak for themselves", she told The Indian Express, adding that she if any other person were arrested by the NIA in the case, she would be their counsel.

“I have not been communicated on this matter. It’s a press statement… I am not aware of anything. They (NIA) have not told me directly. I was approached by them to represent them, so this process of empanelment (of special public prosecutors) they speak of is lost on me,” she said, adding that "at least I am free now. From my side, it’s over. It doesn’t affect me anymore. The facts and circumstances speak for themselves. They can deny that no officer communicated with me, but that doesn’t change anything for me… That doesn’t change anything for them."

Salian had claimed that on 12 June, an NIA officer approached her, saying higher-ups did not want her to represent the case.

The NIA, however, claimed that the work for a SPP starts only after the investigating agency files charge-sheet in a trial court, and so her argument does not hold.

"NIA Special Court proceedings during the stage of investigation are of miscellaneous nature and usually the branch PPs deal with the same, except when a complex legal matter is involved which warrants the services of SPP.

"The Malegaon blast case 2008 has not yet reached the trial stage. Therefore, it is incorrect to infer that Salian was being bypassed for court appearances," it said.

"Further, NIA completely denies the issuance of inappropriate briefing by any officer of the agency to the SPP or creating impediments in her prosecution work of NIA cases she has been handling," the statement said.

The Malegaon 2008 case was investigated by late IPS officer Hemant Karkare, who was killed in the 26/11 Mumbai terror attack, and the case opened a Pandora’s box, with members of groups owing allegiance to Hindu outfits being arrested.

After this case, the Malegaon 2006 blasts was also found to be a handiwork of right-wing terror groups, besides the infamous blast in Samjauta Express, the rail link between India and Pakistan, Ajmer Sharif blast in Jaipur and twin blasts in Hyderabad.

A serving Colonel of Indian Army Col R Purohit, and Sadhvi Pragya have been arrested in connection with Malegaon 2008 blast case and have been since in custody.

Salian had alleged that she had been asked to "go soft" on the accused who were to apply for bail in the Bombay High Court again.

The NIA has filed a charge sheet in the Malegaon 2006 bomb blast case against four accused Lokesh Sharma, Dhan Singh, Manohar Singh and Rajendra Choudhary, who were arrested by the agency after two years of probe from various places. However, the charge sheet in 2008 case was yet to be filed due to litigations in various courts from time to time.

While 37 deaths took place in the 2006 blasts, the 2008 blasts had claimed the lives of eight victims.