EXCLUSIVE | The meaning very clearly was, don’t get us favourable orders: Malegaon SPP Rohini Salian

Rohini Salian, special public prosecutor in the Malegaon 2008 case, talks to Sunanda Mehta about how she got the case from Hemant Karkare, the NIA’s message from higher-ups and her despair.

Written by Sunanda Mehta | Mumbai | Updated: October 13, 2015 9:07 am
Special public prosecutor in the Malegaon 2008 case Rohini Salian Special public prosecutor in the Malegaon 2008 case Rohini Salian

Rohini Salian, special public prosecutor in the Malegaon 2008 case, talks about how she got the case from Hemant Karkare, the NIA’s message from higher-ups and her despair.

Also Read: Rohini Salian names NIA official who asked her to ‘go soft’

Since when have you been handling the Malegaon blast case of 2008?

I have been representing the state of Maharashtra since day one, when the case was being investigated by Hemant Karkare as chief of ATS. There was a notification put out appointing me as special public prosecutor immediately after the blast. After 26/11, NIA was constituted and the case was handed over to it. Before that the chargesheet against the 12 accused had already been filed. They also gave in writing that I should continue after NIA took over.

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’

Given that you had resigned from being a public prosecutor in 2007, how did you come to represent the government in this 2008 case?

It was on Hemant Karkare’s insistence. When he called me to take over, I told him that I had just given this up after seven years and I was fed up. But he said, “No madam, you go through the papers.” His voice was shaking and he sounded very disturbed. Then I heard that the accused were all Hindus and I was surprised… From morning to evening I read the papers. I was shocked. I started crying and got emotionally upset. In that matter I also got to know about Samjhauta and Modasa. I started to talk to Karkare and was with him till 7 pm on 26/11 after deciding on the next day’s meeting too.

Long after his death, we were all very upset. Then one day I went to ATS and shouted at the police — what are we doing, we have to make that soul happy, let us go ahead. I told the officers, one thing we are going to do — not a single drop more or less — we have to be very impartial in the chargesheet. Rarely would you come across such a chargesheet, so tough, so complicated and intricate. Only later did we understand the story; initially we were not understanding.

Also Read: Why alarm bell matters: this could show the way for other ‘Hindu’ cases

What was in the case papers that was so shocking?

There are conversations, kept in the laptop of Shankaracharya (Sudhakar Dwivedi). He used to record the conversation in secret meetings on his laptop, sometimes visuals too. I asked Karkare, why is he recording? He is a plant. He wants to show it to someone, a conspiracy hatched in the dark. From those conversations we got to know the actual story, they wanted a central Hindu rashtra, they don’t recognise the Constitution of India, had their own constitution written, their own flag — even their Bharat Mata was an armed one.

Also Read: Tracking the Malegaon case: trial court to SC and back

How has the case progressed?
Till now the various bail applications, application of MCOCA was on. Finally, two months ago it was decided the case should be transferred to a special court with a special judge. So back to square one — very haphazard order. Now NIA needs to appoint a special judge and the specially constituted court and the trial will commence.

When did you get the feeling that you are being asked to go slow?

Last year I got a call from one of the officers of the NIA, asking to come over to speak to me. He didn’t want to talk over the phone. He came and said there is a message that I should go soft. I told him I will always support the cause of justice. Then, when we got our date for the MCOCA hearing. A day before our day when Mr Mariar Puttam, a senior counsel, was to appear for us, an additional general from the state of Maharashtra came and said, “You cannot appear for us.” He started nudging Mariar.

Then another additional general for the state, Anil Singh, came and said he will appear for the state and Mariar cannot. Both started to nudge Mariar — in the open court, both were nudging him. I am sitting behind him. I told Mariar not to appear. It was so insulting. Mariar finally got up and said to the judge, “Your lordship may decide. This is my instruction. I may be allowed to go out.” The judge said you have been here for many months, we would like to hear you. He was heard, our affidavit taken. But the way NIA and the state of Maharashtra nudged him showed something very fishy. If they were treating a senior counsel like that, I knew then something was seriously wrong. Ultimately the order came, the judgment given. It was horrible; after the order came no one called me. NIA hasn’t called me till today to discuss. They were so unhappy because MCOCA was retained.

Then on June 12, the same officer came and said there are instructions from higher-ups; someone else will appear instead of you. I said very good — I was expecting this, was waiting for this, good you told me up front, please settle my bills. You brought the notification, I didn’t ask, I did it all free. Now get me denotified so that I can appear against NIA in future in other matters. He must have conveyed this but not heard from them; I am now waiting. They haven’t yet taken me out of the notification appointing me special pubic prosecutor for the state of Maharashtra.

Who was the NIA officer who met you?
I would not like to name him. He is very senior. But I have nothing against him. He is just the messenger.

Have you seen a clear shift since the new government came in?
Yes, yes, throughout.

Why would they do this?

If you see my record, all favourable orders for the state. Hardly any gone against, except for these few bail applications… So the meaning very clearly was, don’t get us favourable orders. Unfavourable orders invited — that goes against society. I have a reputation; it’s not my baap ka raj. It’s an onerous duty.

When is the next hearing?

I don’t know about the next hearing. I did not appear. Don’t know what happened, this hearing was just for a date and that the matter should come before a special court. They may want everything new, a new prosecutor, that’s their headache.

Did the earlier government exert pressure on you?

P Chidambaram has seen every paper of the case but never pressurised anyone. But he was following — he used to call for papers, I used to send him notes; he himself is an advocate. I never met him.

Why are you asking to be denotified?

I want to come out clean. I don’t want any pressure. I have no inclination towards any party, any politician. I am a pucca Hindu. Hindu means what? You should be straight, not have bias against anyone — Hindus, anyone who commits an offence, is an offender. I am now in the midst of the Mulund blast – three matters clubbed together and 141 witnesses (examination) now over — in that, all are Muslims. Same with the Ghatkopar blasts. I have been appearing in blast cases from the beginning because I was with TADA and MCOCA Even for the (Lt Col) Purohit hearings the judge in the high court would be very careful — when I argued the case, he would drive everyone away, ask the clerk to shut the door. The Ulema had also engaged an advocate to see whether I am okay or not. Finally when they heard my arguments, they said they were happy and didn’t want to add to that.

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  1. N
    Nationalist
    Jun 25, 2015 at 11:29 am
    Its clear indication that central government is totally involved to save the accused who belong to RSS, VHP and other Hindu Organisation, that's why they planning to post/hires/appoint their own faces (Judges) who can make decision in favor as they want! Nation going in dark way!
    Reply
    1. T
      Tarun
      Jun 25, 2015 at 8:52 am
      Jaichands of today's india
      Reply
      1. D
        DoubleStandards
        Jun 25, 2015 at 6:46 pm
        It is not limited to pressures from the government of the day, even the media starting censoring the news involving Samjhauta Express, Malegaon and Mecca Masjid blasts by themselves as soon as they got to know that the accused were Hindus. Till date there is no momentum on these investigations.
        Reply
        1. R
          Raj
          Jun 26, 2015 at 8:14 am
          Who treats hindus bad ? Hindus only through casteism. And this country is for indians and if any chaddi had a different opinion he is free to get out and if chaddi think by numerical strength they can get things done then you guys are wrong .
          Reply
          1. A
            Anand Drivedi
            Jun 25, 2015 at 6:32 pm
            A terrorist is a terrorist. Terrorists have no religion. It is great that we have people like Rohini Salian in this world.
            Reply
            1. N
              Niyaz Khan
              Jun 25, 2015 at 9:36 am
              The blasts carried out in Malegaon and in many other parts of India by Hindu terrorists show that India stands at the threshold of well planned conspiracy hatched by the security of the nations itself. All theses Hindu terrorists are traitors, and those who are deterring people like Rohini from speaking the truth must be punished.
              Reply
              1. P
                Peter
                Oct 13, 2015 at 12:47 pm
                The RSS was founded on Vijayadasami on 27 September 1925 as a social organisation to provide character training through Hindu discipline and to unite the Hindu community.[16][17] It proclaims its ideal as upholding Indian culture and civilizational values more than anything else.[18] It was set up as an alternative to the politics of m anti-colonial struggle.[1 It was banned during the British rule,[17] and then thrice by the post-independence Indian government — first in 1948 when Nathuram Godse, a former RSS member,[23] inated Mahatma hi;[17][24][25] then during 1975–77; and after the demolition of Babri Masjid in 1992. RSS needs to be banned for communal harmony in India.
                Reply
                1. H
                  Harry
                  Jun 25, 2015 at 7:57 pm
                  "In his own country he is treated as a second rate citizen" By who? minorities? No. His own kith & kin, the secularist Hindus. So if he does not have stomach to fight with them with total commitment, like taking no prisoners, he should stop complaining.
                  Reply
                  1. H
                    Harry
                    Jun 25, 2015 at 3:45 pm
                    Hindus don't pose threat to security of nation., unless you are thinking of stan as nation.
                    Reply
                    1. H
                      Harry
                      Jun 25, 2015 at 3:42 pm
                      Since Indira's time Congress has been promoting "Committed Judges" and people in legal profession, so it is not surprising that she was given task after retirement, just like Banerji by Lalu Prasad Yadav.
                      Reply
                      1. R
                        Ram Srinivasan
                        Jun 25, 2015 at 11:34 am
                        Admire the recude and forude of the public prosecutor, Rohini. India should be proud, happy, encourage, protect and give freedom to Rohini and others like that. They are the protectors of the nation and the democratic fabric.
                        Reply
                        1. K
                          kulbhushan goswami
                          Jun 25, 2015 at 10:18 am
                          At the end of the day, Madam Public Prosecutor, tell what was your reaction and what did you tell the officer. How do you intend to plead in such cases despite the pressure from NIA, the agency on whose behalf you are supposed to plead.
                          Reply
                          1. J
                            J.V.PATEL
                            Jun 25, 2015 at 9:20 am
                            Traitors of India. Only self seeking congress stooges. She should be debarred . She has no place . If she can name persons let her do so other wise she should leave . She is a traitor . She is congress stooge like this paper.
                            Reply
                            1. k
                              kaimaal38
                              Jun 25, 2015 at 6:20 pm
                              Some evidence to back up ur claims,Niyaz? Rohini could'nt come up with anything worthwhile in 6 years. Were u also part of any investigative team?
                              Reply
                              1. L
                                lalit
                                Jun 25, 2015 at 9:41 am
                                when bjp politicises the judiciary , it is worse than emergency because terror has no religion ... Namo is going hafiz saeeds way because for him only hindus kill .... killers of humans are murderers
                                Reply
                                1. M
                                  Mohan
                                  Jun 25, 2015 at 4:30 pm
                                  3 different write ups on a single issue - that certainly is great journalism !
                                  Reply
                                  1. k
                                    k.madhukar
                                    Jun 25, 2015 at 6:15 pm
                                    This is what stan Govt also told prosecutors of 26/11 accused .See nothing happening in either case. In certain situations, trying to be more loyal than the king is not necessary.
                                    Reply
                                    1. s
                                      sadabhau.
                                      Jun 25, 2015 at 11:43 am
                                      Give this honest and fearless advocate a Godhra train burning case where mob of 2000 burned the train and only 20 persons got convicted.
                                      Reply
                                      1. D
                                        dev lukum
                                        Jun 25, 2015 at 9:08 pm
                                        I do not trist lawyers They keeo diverting attention for their own failure
                                        Reply
                                        1. M
                                          Musheer Riaz
                                          Jun 26, 2015 at 1:50 pm
                                          Nothing worth beating about the bushes as we Indians are not in habit of facing the reality.. Some of us will now start de-analysing the report and the lady putting her in bad light..shame on us.
                                          Reply
                                          1. W
                                            Witness1984 Genocide
                                            Jun 25, 2015 at 1:28 pm
                                            This special public prosecutor in the Malegaon 2008 case is Boosting herself with morale ??? As good friend of Congress How can she deny Justice to stan lead Indian Terror groups ??
                                            Reply
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