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HindustanTimes Sat,25 Oct 2014

NIA court dismisses plea alleging Samjhauta accused's illegal custody

Bhartesh Singh Thakur, Hindustan Times  Panchkula, June 12, 2012
First Published: 11:53 IST(12/6/2012) | Last Updated: 11:58 IST(12/6/2012)

The National Investigation Agency (NIA) court of additional district and sessions judge Kanchan Mahi here on Monday dismissed an application alleging illegal detention of Samjhauta blasts accused Kamal Chauhan by the NIA from February 10 to 12, when he was shown to be arrested from Noida. The detailed order is yet to come out.

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A total of 68 people had died in two explosions on the Lahore-bound Samjhauta Express on February 18, 2007, near Panipat (Haryana). Chauhan is accused of having planted one of the four bombs on the train.

Chauhan's father Radhey Shyam had moved an application alleging illegal detention and custodial violence. He had also attached an application dated February 11, written to the station house officer (SHO) of Depalpur police station (Indore district, Madhya Pradesh), to which the SHO replied that the NIA took Chauhan from there on February 10.

The NIA, through counsels RK Handa and Rajan Malhotra, had submitted that on February 10, a request was made to the town inspector, Depalpur, to secure Chauhan's presence for the Ajmer Sharief blast case. Vishal Garg, additional superintendent of police, had visited the police station, but not finding the place appropriate for examining Chauhan, took him to the forest guest house, Indore, at 5pm. The NIA had further submitted that Chauhan was examined in detail at Indore as his answers to questions were cryptic and he was not coming out with all the facts.

"Later, he was left at the Depalpur police station on February 11 at 4am. He was again taken for examination in the Samjhauta blasts case to the forest guest house, Indore, around 5:30am. This was intimated in writing to the SHO of Depalpur police station," the NIA submitted in the court. On February 12, the NIA showed Chauhan's arrest from Noida.

On alleged custodial torture, the NIA said Chauhan used to get himself medically examined periodically by doctors and medical certificates had been taken on record. "During the medical examination, Chauhan did not complain about mental torture, physical beatings and custodial violence. Chauhan did not complain anything against NIA officials whenever produced before the competent court," the NIA said.

Meanwhile, the NIA court on Monday extended Chauhan's judicial custody, along with that of Lokesh Sharma and Aseema-nand, co-accused in the Samjh-auta blasts case, till June 25.


Van's release
The National Investigation Agency (NIA) court has ordered the release of a Maruti van (MP09B-5629), seized by the NIA earlier this year. It is alleged that the van was used by Ram Chander Kalsangra for transporting material used to trigger the Samjhauta blasts. Kalsangra, an accused in the blasts case, is absconding. Presently, the van is owned by Krishan Pal Singh Tomar of Dewas district (Madhya Pradesh).

He had bought the vehicle in February 2008 and had been using it as a school van. The NIA submitted in the court that it had no objection to the van's release, provided it should not be sold further, its colour should not be changed and it should be produced whenever asked by the NIA.

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