To
Shri
Rajnath Singh,
Hon.ble
Minister,
Ministry
of Home Affairs,
Government
of India,
New
Delhi.
The
Director General,
National
Investigation Agency,
New
Delhi.
The
Deputy Inspector General,
National
Investigation Agency,
Hyderabad
Branch.
Sir,
Sub: NIA’s failure
in securing the prosecution of perpetrators of
bomb blast in Makka Masjid, Hyderabad in 2007. Request for immediate
filing of appeal in higher court against judgment of lower court judgment for
retrial/reinvestigation of the case for the sake of justice for the kin of
victims – Reg.
It
is a matter of great concern that a bomb was planted and exploded by terrorists
in Hyderabad’s Makka Masjid on 18th May 2007 claimed lives of 8
innocent citizens and around 58 innocent citizens injured badly. All citizens
of India were shaken up by this act of terror
and expressed their sympathy to the victims and anguish against the act.
Hyderabad
city police registered an FIR in Hussaini Alam Police Station in 2007, the said
case was handed over to the CBI on 9th June 2007 later the same case
was transferred to the NIA (National Investigation Agency) on: 7th
April 2011 with a hope that the government of India will provide justice to the
victims through NIA.
On
16th April 2018 the IV Additional Metropolitan and Session judge
(NIA special court) in Hyderabad delivered his judgment in the above case and
acquitted to all accused in the case due to insufficient evidence provided by
the NIA. This has shocked the citizens of Hyderabad as NIA failed to provide
justice to victims in a terror case after a lengthy investigation of 11 years.
This clearly shows the lack of preparation, commitment and dedication of the
agency to fight against the terrorism.
We the concerned citizens strongly believe that
the Government of India should adopt a zero tolerance approach to all acts of
terrorism, thereby sending a clear message that terrorism is unacceptable in
all its forms. The Government should also take practical steps to prevent and
combat all kinds of terrorist acts. Those practical steps include a wide array
of measures ranging from strengthening state capacity to counter-terrorism
activities in the country.
The
failure of Government agencies to secure prosecution of perpetrators and
thereby justice for victims of terrorism is a gross violation of various
articles of The Constitution of India, Resolutions of SAARC convention and
other International laws.
The
Constitution of India states that:
1.
“Article
14 - The State shall not deny to any person equality
before the law and equal prote
2.
Article 15 - The
state shall not discriminate against people on the basis of religion, race,
sex, place of birth or any of them.
4.
Article 51- The
State shall strive for the promotion and maintenance of international peace and
security, just and honorable relations between nations, respect for
international law and treaty obligations, as well as settlement of
international disputes by arbitration.
The SAARC convention (Suppression of Terrorism) Act 1993, -
This
Convention on the Suppression of Terrorism was
signed on behalf of the Government of India at Kathmandu on the 4th day of
November, 1987.
UN has passed several resolutions to combat terrorism to
which the Government of India is a signatory.
We strongly believe that India as a major partner in the
SAARC group of countries should play an important role to promote Peace,
Harmony and combating terrorism. However failure of government agencies to
secure prosecution of perpetrators of terrorist acts will send a wrong signal
in International community about the India’s stand on fight against terrorism.
We feel common people especially minorities of the country are
losing faith on the Judiciary and investigation agencies. It is thus the
responsibility of Government of India to restore confidence of the community by
providing justice as soon as possible as justice delayed is justice denied.
We would like to remind you that Section 21 (1) of National
Investigation Agency Act 2008 provides 30 to 90 days time to file appeal
against Judgment, Sentence and Order in the Honorable High Court. There we demand that the Government of India
should:
1.
Order NIA to file
appeal against the judgment in the Honorable high court for the retrial/re
investigation of the case.
2.
Issue orders for
re-investigation of the whole episode. NIA has failed to investigate, produce
evidence and hired an inexperienced public prosecutor due to which the case was
resolved after 11 years.
3.
Instruct the high
court to monitor complete investigation and trail of the case.
4.
Ensure innocent
people should not face harassment during the course of investigation.
We hope the Government of India will take positive and immediate
action in the matter as the real culprits are not punished till now and they
victims of the dastardly act and their kin have not received justice till now.
Thanking You,
S.Q.Masood
Social Activist
