Rohini Salian names NIA officer who told her to ‘go soft’ against Malegaon blasts accused

In an affidavit she filed in a matter relating to initiation of contempt proceedings against NIA for “tending to hamper the judicial process,” resulting in “weakening of the prosecution’s case”.

Written by Sunanda Mehta , Utkarsh Anand | New Delhi/pune | Updated: October 13, 2015 3:23 pm
2008 Malegaon blasts, Malegaon blasts case, malegaon, Malegaon blasts, Rohini Salian, bjp government, Hindu extremists, nda government, narendra modi, Malegaon 2008 blasts, Malegaon Hindu extremists, National Investigation Agency, NIA, Hindu extremist cases, Malegaon accused, Malegaon blast accused, india news, nation news Rohini Salian.

Former Special Prosecutor Rohini Salian has disclosed that it was Suhas Warke, a Superintendent of Police in the National Investigation Agency (NIA), who asked her to “go soft” against the accused in the 2008 Malegaon blasts case after the NDA came to power.

More than three months after Salian’s interview to The Indian Express, the first disclosure on the name of the agency officer has been made in an affidavit she filed in a matter relating to initiation of contempt proceedings against NIA for “tending to hamper the judicial process,” resulting in “weakening of the prosecution’s case”.

“I am told that a criminal contempt petition is filed before this Honb’le court and in administration of justice and as an officer of the court, I am disclosing the name of the NIA officer, who had tried to interfere with the delivery of the administration of justice, as a messenger. His name is Suhas Warke, SP, NIA, Mumbai branch,” Salian said in her affidavit.

WATCH VIDEO

THE BIG STORY: Since this new govt came, I have been told to go soft on accused (Hindu extremists): Special Public Prosecutor

Also Read: Rohini Salian: Tough lawyer who ‘leaves womanhood at home’

The affidavit, which was filed before the Bombay High Court, has now been submitted in the Supreme Court along with a petition asking it to pay heed to revelations made in the affidavit and issue appropriate orders against the NIA in the interest of justice.

In the affidavit, Salian has referred to her interview to The Indian Express, published on June 25. “I reiterate and affirm that whatever I have stated in my interview to the newspaper Indian Express… is true and correct and I reiterate the same as it is specifically stated therein,” she said, adding that the incident happened in the second or third week of June 2014.

In the interview, Salian had said that she was under pressure from the NIA to “go soft” in the case. Soon after the NDA government came to power last year, she said she got a call from one of the officers of the NIA — the agency is investigating terror cases involving alleged Hindu extremists — asking to come over to speak with her.

“He didn’t want to talk over the phone. He came and said to me that there is a message that I should go soft,” Salian had told The Indian Express. She was subsequently de-notified by the NIA from its panel of lawyers but the Home Ministry is still to take a final call on her removal. But she had not disclosed the name of the NIA officer.

Salian’s affidavit has been submitted in the Supreme Court by Mumbai resident Dr Sanjay Lakhe Patil who had filed a petition in the High Court seeking contempt action against the NIA. However, the plea, filed through advocate Chirag M Shroff, complained that the High Court is yet to take cognisance of the matter, and that it is getting deferred.

Patil has sought the court’s permission to be heard in the matter pending already before the top court in which notices have been issued to the NIA and Maharashtra government. Acting on two PILs, a bench led by Justice J Chelameswar had sought replies from them. In its response, NIA said Salian “falsely” alleged that she had been asked to “go soft”, and termed the accusations as “unwarranted and baseless”.

Confirming that she had filed the affidavit naming the NIA officer, Salian told The Indian Express Monday that she had done so because this had been asked of her by the then Chief Justice of the High Court — Chief Justice Mohit Shah retired last month.

“I got a call from the counsel representing Patil who had apparently filed the contempt of court petition and he said that the Chief Justice had asked me if I could name the NIA man. I felt I could not say no to the Chief Justice. Hence, I wrote the name in the notarised affidavit and gave it to him in a sealed envelope,” Salian said.

She said she had no intention of making the name public as she considered him merely a messenger.

The Malegaon blast on September 29, 2008 claimed four lives and injured 79 while another blast at the same time in Modasa in Gujarat killed one. Investigations in the case pointed to alleged Hindu extremists based in Indore, as first reported by The Indian Express on October 23, 2010.

Of 14 arrested accused persons, four were granted bail between 2011 and 2013 when Salian led the NIA’s case in the Bombay High Court.

For all the latest India News, download Indian Express App now

  1. H
    Hassan Hassan Imam
    May 15, 2016 at 6:54 pm
    Ours is becoming a country where Killers of Mahatma hi who got us freedom are honored and martyrs who laid their life for the safety and security of the people like us, like Hemant karkare are accused of fabricating the evidences against the terrorists like Sadhvi and Prohit. And we are becoming people comparing this with the Mumbai Court order to release 9 held for Malegaon blast very conveniently ignoring the fact that latter was a court decision. Feeling very sad today. Which mother will now teach her children to lay their life for the country.Which wife will be proud of being widow of the martyrs who laid his life saving the mother land. Which wife will encourage her husband to perform his duty in the line of fire. Felling sad very very sad.
    Reply
    1. J
      JG
      May 15, 2016 at 5:44 pm
      Please substantiate your statement with evidence.
      Reply
      1. தமிழன்
        May 16, 2016 at 1:43 am
        Incident happened in 2008. Congress was in power till 2014. Accused were languishing in jail without filing case. NIA never had proper evidences to link the accused to the crime. Since they could not continue to keep the accused without filing case, they had to let go of the accused instead of getting shamed before the court. What was this lady doing till 2014? Was she shaving her hair?
        Reply
        1. தமிழன்
          May 16, 2016 at 1:40 am
          Incident happened in 2008. Congress was in power till 2014. Accused were languishing in jail without filing case. NIA never had proper evidences to link the accused to the crime. So they had to let go of the accused instead of getting shamed before the court. What was this lady doing till 2014 to go to court and argue. She just makes publicity stunt.
          Reply
          1. S
            Shoaib
            May 17, 2016 at 8:10 am
            I have a feeling NIA should reinvestigate his asination. They might give a clean chit to Godse and accuse the British of conspiracy.
            Reply
            1. V
              vasoo kamulkar
              Apr 13, 2016 at 12:38 pm
              Janab -e-Ali, you have missed two of the main giants. (a The Hindu Maha Sabhaa and b) The Abhinav Bhaarat. Now you have a perfect garland. Tie it around your neck and have a swing on the ceiling fan. Can you see the faces of the seven virgins? No? Then come off the fan; this might not be the good time. We will take another opportunity when Allah would be in a better frame of mind!
              Reply
              1. K
                kanti
                Oct 13, 2015 at 11:38 am
                Where were you when Congress was in power. You should have highlighted it at that time. Now since NDA is in power u want to malign it.. How much did you get paid ?? Or Some one forcing you to do so.Please mam tell us
                Reply
                1. T
                  TIHAEwale
                  Oct 13, 2015 at 10:58 am
                  Rohini Salian is honest when she said she had no intention of making the name public as she considered him merely a messenger and even now she has written the name in the notarised affidavit and gave it to him in a sealed envelope,”
                  Reply
                  1. R
                    Ravi
                    Oct 13, 2015 at 10:11 am
                    Honest, bold and justice loving individuals like Rohini Salian are sparks of light in the ashes of corrupt law enforcing agencies. They are irrepressible and great human beings, Every Indian should salute this great lady. Just imagine how many thousands of such instructions from Political boss to go soft, drop the case, implicate others might be floating where criminals are let go and innocents are victimize. How we wish we had many more Rohinis in India.
                    Reply
                    1. A
                      Aditya Samdershi
                      Oct 13, 2015 at 10:22 pm
                      Why in comments section always it is fight between BJP cyber cell and Congress cyber cell? Earlier it used to be BJP cyber cell and AAP cyber cell. Why can't we see normal citizens commenting on news post as it is common in foreign online news websites?
                      Reply
                      1. A
                        Alok Asthana
                        Oct 13, 2015 at 5:24 am
                        How can a person be punished if the prosecution bungles up the case? BJP is trying very very hard to save save hindu terrorists, particularly if they are from right wing organisations. This is state sponsored terrorism and that too, inside one's own country. Such anti-national parties must be banned from contesting elections.
                        Reply
                        1. K
                          Kamalakanta
                          Oct 13, 2015 at 3:18 pm
                          "advocate Chirag M Shroff, complained that the High Court is yet to take cognisance of the matter, and that it is getting deferred. " can any knowledgeable person inform public the method of making the roaster for hearing of cases ( ) We find that many long pending important cases are not heard ( ) We can refer to the case of W Bengal Govt & Tat Motors regarding land in SINGUR
                          Reply
                          1. A
                            Anand Drivedi
                            Oct 13, 2015 at 11:51 pm
                            BJP isn't a party. It is an Organized Criminal Enterprise that is spreading its tentacles all over India.
                            Reply
                            1. A
                              Anand Drivedi
                              Oct 13, 2015 at 11:53 pm
                              Can be? They are terrorists. RSS-VHP-Bajrang Dal, Ram Sene, ABVP, BJP are all terror organizations in the name of Hinduism.
                              Reply
                              1. A
                                An
                                Oct 13, 2015 at 11:05 am
                                Respect!!! Please be safe for you have surely put your life in danger.
                                Reply
                                1. A
                                  Ashish Singh
                                  Oct 13, 2015 at 7:39 am
                                  A courageous act by Rohini Madam. In these days of fanatics & hoodlums hounding upright persons, she showed exemplary courage in naming Warke,though I think he is only a mesenger. The name of the bigger fry should now be exposed, chances are he is in New Delhi, sitting in a posh AC room, & in today's most important office in India. People like Ms Salian & Sudheendra Kulkarni really need to be congratulated for standing up for fundamental rights of individuals & law. as provided for by our Consution.
                                  Reply
                                  1. A
                                    Azhar Ali
                                    Oct 13, 2015 at 10:40 am
                                    Hats off to the lady, Special Public Prosecutor Rohini Salian, for speaking the truth in these acrimonious times with scant regard for 'come what may!'
                                    Reply
                                    1. S
                                      sethuram Sethuram
                                      Oct 13, 2015 at 3:42 pm
                                      What a fuss. The way the pressutes went to town with the drama,we all thought she got a call from Amit Shah or Modi or Rahul or Sonia hi. So much for paid news. Anyone else's words are as news worthy as that of a senile village panchayat leader.
                                      Reply
                                      1. J
                                        Jay Vaidya
                                        Oct 13, 2015 at 1:57 pm
                                        Seven years too late. The page of time dilutes the complaint. Why now?
                                        Reply
                                        1. B
                                          Brahm Gaur
                                          Oct 13, 2015 at 12:25 pm
                                          Same old dirty tricks. There have been countless terrorist attacks by Muslims terrorists in India. There are only a couple of so called terrorist attacks by Hindus. Those too were clified by Congress regime. Do they think they can come back to power by acting against Hindus? I doubt it very much. Now people have realized their dirty tricks and they will never vote for Congress again. Rahul baba once said that he was more concerned about Hindu terrorists. Why only he knows? In whose does favor the Congress acts? Should we vote for them?
                                          Reply
                                          1. D
                                            david
                                            Oct 13, 2015 at 11:36 am
                                            What is the proof ? Why now and not same time if NIA SP told her. Looks she is official agent of Corrupt congress.
                                            Reply
                                            1. Load More Comments