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This is an archive article published on October 27, 2002

‘I’m still in jail because there is no scapegoat left’

Dear John, By the time that you receive this, you will no doubt have been informed that I have ceased to take any treatment for my TB. I am ...

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Dear John, By the time that you receive this, you will no doubt have been informed that I have ceased to take any treatment for my TB. I am at least moderately literate, and so I am perfectly well aware of the implication of this course of action, I do therefore hope that I will not be subjected to a stream of pseudo sentimental claptrap in an effort to get me to reconsider.

My mind is made up, and that is the end of the matter. My purpose in writing to you is that since you are at the sharp end of this matter so to speak, I want to make sure that the reasons behind this action are clear and unambiguous.

First, however, let me make it very clear that Dr A K Roy of the jail medical department has expended a great deal of time, effort and patience in trying to dissuade me from this course of action. He made his case persuasively and it is not his fault that I have chosen to disregard his arguments.

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It is now just about 7 years since this matter first began, perhaps a little more. My perception of this chain of events which has brought us to this present position is as follows:

• Proven records that are beyond dispute show that as soon as I became aware of an illegal arms deal concerning India, I notified the British authorities and the British authorities passed this information to the Indian authorities.

• I took the extremely hazardous and dangerous action of informing the authorities about the activities of a terrorist group in the clearly mistaken and as subsequent events prove, stupid belief that I would be protected by the British authorities. (This belief being based upon previous personal experience).

• Proven records show that the British police were visiting me and collecting updated information on this matter until the 8th December 1995, and that all this information was sent to the Indian authorities.

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It is also a fact that British Special Branch officers told me that it was vital that Kim P Davy was able to purchase his arms and ammunition and take them to India so that the Indian authorities could arrest him within the borders of India.

• Records at the Deputy High Commission show that in January 1996 after I was detained in this matter, a British official was told by the CBI in the presence of numerous senior Indian police officials and also in my presence, that I was a witness and not an accused person. This same official was told that I had cooperated fully with the CBI and had provided them with the fullest possible information.

• On the 8th January 1996, I was told by a Joint Director of the CBI—a Mr J K Dutt—that I was being placed in jail for my own protection because as a key witness, the CBI could not guarantee to protect my life anywhere other than in jail.

British Government records show that J K Dutt visited the UK officially in connection with this investigation, but subsequently, the CBI claimed to the trial court that J K Dutt played no role in this investigation and was not involved in any way — an outright lie.

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• Once in jail, my Russian co-accused and I were denied visits, we were not permitted to see any newspaper or magazine, and we were not permitted to listen to any radio.

We were not permitted to either receive or to send any letter which in any way referred to our case, and we were also denied proper food and had to live on a starvation diet. By the end of 1996, all 6 of us were skeletal, as photographs taken at the time clearly show. We were also denied medical treatment—although it must be stressed that the doctor responsible for this gross abuse is no longer with this jail.

• I was in custody for 10 months before I discovered the true nature of the charges against me. Despite the fact that chargesheets had been filed before the court in March 1996, and despite my repeated requests, Calcutta magistrates refused point blank to tell me what charges I faced.

• Then less than 6 months after this … my Russian co-accused (whose convictions and sentences were identical to mine) had the whole of their remaining sentences and fines remitted and they were unconditionally released.

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The CBI continues to lie about this entire case, regularly claiming to the press that it is in hot pursuit of Kim P Davy, when in reality, Kim P Davy is and always has been sitting in his home in Copenhagen. The CBI is making no effort whatsoever to pursue Kim P Davy, and indeed a fair assessment of the CBI’s behaviour would lead to the inescapable conclusion that they do not want to pursue Kim Davy and that the pretence is being maintained to con the Indian public.

The truth of this whole matter is that I have never done anything wrong and I have never committed any crime either under Indian or any other law. I was put in jail in the first place (under false pretenses) to cover up for gross incompetence and venal corruption on the part of of the Indian authorities.

I remain in jail because I am a British citizen and because there is no other scapegoat left. Everybody else has been released, and despite the immense power and resources available to the CBI, no Indian citizen has ever been arrested and convicted. Only foreigners are guilty in this matter.

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