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IN THE COURT OF THE HON’BLE CHIEF JUDICIAL MAGISTRATE,

NASIK
C.R. NO. I – 130/08
(RE-NUMBERED AS C.R. No. 1 – 18/08 at ATS)

State of Maharashtra ... Complainant

Thru’ 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 chiefly

around 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 Ujjain

and 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 vehicle
since 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 in
these 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 I
was 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 was
kept 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
Hon’ble 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 resorting
to 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 the
names, 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 malafide nature 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.

…8/-

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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 and
23.10.2008;

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 a

polygraph 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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