''This is my statement about the illegal move being played against me'' :- Abdul Nasir Maudany
The intent of this statement is to bring your kind attention to how fabricated the chargesheet submitted by investigative officers of the Bangalore case against me, expecting, as always, your co-operation as regards the legal movements I have taken at this critical stage.
1. I am the founder and chairman of a party which was recognized by the Election Commission of India. I have never spoken for, nor thought of for that matter, establishing an Islamic state in India as the respected prosecution alleges. I have been imprisoned for nine and a half years in connection with Coimbatore blast case-presumably the most horrible blast ever in India in which the lives of more than 50 people were claimed. In that case in which a chargesheet of more than 15,000 pages was issued and about 3,000 witnesses were cross-examined, the prosecution did not accuse me of attempting to convert India into an Islamic state. The prosecution did not accuse me of having links with organizations like SIMI or Indian Mujahiddin in the affidavits submitted many times before the Honorable Supreme Court and Chennai High Court.
2. Thousands are working for The People’s Democratic Party, which was formed on 14th April, the birthday of Baba Saheb Ambedkar. Vice chairman of the party Varkala Raj is a Brahmin. Party general secretary Advocate Prasad is also a Hindu. Ajith Kumar, also a Hindu, is the treasurer, the key post of the party next to the party chairman (the account of the party is in his name). Thousands of Hindu and Christian brothers are working in the party which all at once has representatives in the Haj Committee and Wakf Board. The representative of the party is working now as the Government Public Prosecutor. How can I support those who are up for forming an Islamic state in India, leading as I am thousands of people to the path of democracy for the protection of democracy and secularism? Those who are observing fast-unto-death struggle against the Bangalore police fabricating the evidence against me to falsely implicate me in the Bangalore blast case are: 1, Swami Varkala Raj (Hindu) 2, Devasya (Christian) 3, VM Marsan (Hindu) 4, Suni Chellappan (Hindu) 6, Chandran (Hindu). They are state-level and district-level leaders of the party.
3. Many workers of almost all parties in Kerala have been jailed in connection with murder cases. But not even a single PDP activist has yet been arrested in connection with the murder case. Nor has anyone been jailed. ( None has yet been convicted either in communal or in political murders).
4. I have been a dependent on my single leg since 1992 August 6 when my right leg was removed in the aftermath of a bomb attack my enemies orchestrated. The first message I delivered to the people of Kerala after I came out of prison after my 10-year-long prison life was that I pardoned to those who were accused in the bomb attack against me.
When the trail of the above mentioned case was being held in the fast rack court in Kollam, I gave the court a written intimation that I gave pardon to the accused and created a situation for them being acquitted without my witness statement against them. Had I been an anti-Hindu, would not I have witnessed against the Hindu accused who hurled bomb against me and thereby seen to it that they were all punished?
5. Neither I nor my party has ever worked against the interests of this country. Nor will we be ever able to do so.
6. The prosecution states that the accused, including the A1, have become terrorists motivated by my speech on the Babri Masjid and Godhra incidents during 1990. It is true that I delivered speech on the Babri issue. But in 2001, when the Godhra incident occurred, I was behind the bars. How could I speak about an incident which occurred during my prison days in 2001 back in 1990! It is this naked lie that the Prosecution has stated in the chargesheet.
7. The three books that the prosecution accuses me of having given to A1 to read are all available in hundreds of bookstalls in India. I deny the charge that I have given A1 the books. But the books can be had by anyone from nearest bookstall and they are not banned.
8. The additional chargesheet against me was submitted 6 months after the arrest of A1 on December 3 and his handover to Bangalore on December 5. But the prosecution states that the statement of CW 51 Mazid was recorded on 11th December 2009. (That is, the statement was recorded six days after the arrest of A1) I don’t know anything about Mazid. (The prosecution argues that he has so much influence and freedom in my house that he came to hear the conversation I had with A1 regarding the plot of Bangalore blast. Investigations on my part revealed that Mazid had died on 16th December, 2009. Three months before he died, he had been admitted at Thrippunithura Homeo Medical College and, after his condition deteriorated, had been shifted to Ernakulam Medical Trust Hospital on December 5. It was at the same hospital that he passed away on December 16. The prosecution has made a fabricated statement that a patient in a bad condition went as far away as Kannur (There are more than 300 kilometers between the two districts) to give his statement. (Details attached)
9. The prosecution has given the statement of CW 172 Jose Varghese against me. He, ‘being the holder of power of attorney of the house where I resided’, came unexpectedly to my bedroom to collect the rent, saw me chatting with A1 and heard me uttering the phrase ‘Bangalore sphotanam’ (Bangalore blast).
A) After I was released from prison in August 2007, I have had threat calls and anonymous letters which aimed at my murder. As per the B-category protection provided to me by the Kerala Government, four home guards and two PSO’s were present at my residence with weapons. The home guards keep the key of the gate of my residence after locking the gate. (While one person keeps guard in front of the gate, the remaining three people observe the surroundings). If a visitor arrives at my house, one of the home guards inquires about his/her whereabouts and address; he then passes the information to one of the PSO’s who informs my secretary of this. The secretary gives entry to the visitor after he receives my nod. It is quite impossible for CW 172 under this surveillance system to entre my bedroom and hear my conversation with A1.
B) The rent of my house has never been directly transmitted. Nor has anyone approached me for the same. The payment was invested in the Vyttila Branch of HDFC bank every month.
C) In his statement given on 4th June, 2010, the CW 172 says that he came to my residence for rent one and a half years back. I have shifted form the said rented house 2 years ago to a house of my own. How can I pay rent one and a half years back for a house from where I moved two years back?
D) CW 172 has filed a private complaint before the Ernakulum Magistrate Court, in which he stated that the investigative officer had taken a fictitious statement in his name.
10. The prosecution presents as CW 27 my brother Jamal Muhammad. Prosecution said that Jamal was the custodian of the Anwarssery orphanage of which I am the president as well as school teacher there. He, on being instructed by me, gave shelter at Anwarssery College to A1 and A19 after the Bangalore blast, the prosecution adds. The instruction for shelter, the prosecution alleges, was passed to him through a phone call.
A) Neither has Jamal Muhammad been issued a witness notice nor has a statement been recorded from him. He has submitted a private complaint before the Sasthamcottah Magistrate Court in Kollam district.
B) He is a teacher at an aided school in Karunagappally.
C) He is neither the custodian of Anwarssery institutions nor a teacher at the orphanage school. Nor, for that matter, does the orphanage run a school.
D) The phone number in the statement that the prosecution has given as his witness statement is not his. Nor does he know whose number that is.
11. It appears from the chargesheet that the prosecution has written the statement of CW 52, Rafeeq, S/O Bapputty as if it has been registered 5 months back. But he has not mentioned my name anywhere.After A1 was arrested, his statement was again recorded on March 3, 2010 in which he is known to have mentioned my name.
A) The fasting months of 2007 are September and October. Four and five months after these fasting months were January and February. These months were when I had just come back after pilgrimage from the holy cities. (I came back in January, 2008). During this time I was under the B-category security provided by the Kerala government. Two PSO’s were always present with me and four home guards were stationed wherever I stayed. PSO’s inform the police headquarters of my programmes, the stations where I halt and where I am given food. How I can go to Kudagu overstepping this surveillance system? I have never gone to Kudagu in my life.
B) Keralites and those who have Kerala link can identify me. Still CW 52 Rafeek, although he is a native of Kudagu with Kerala links, could not identify me and he identified me after A1 introduced to him who I am.
C) CW 52 says about me as person with a beard and without a leg. Since I am using an artificial leg, the one who sees me at first can’t identify me as a handicap. How does the one who is stranger to me say about me as a person without leg? For the last 10 years I have been moving in wheelchair which two helpers roll. But CW 52 does not mention ‘wheelchair’ in his statement. A1, after seeing me, is said to have commented: ‘This is Madani from Kerala.’ Madani is not my name.
It’s rather Abdul Nasir. Madany is the educational qualification in the religious sphere attached to a name. Those who have the same qualification are called Madani. There are hundreds of Madanis in Kerala. A1 mentioned me not as ‘Abdul Nasir Madani from Kerala’ but ‘Madani from Kerala’. This does not objectify me as the person he mentioned. D) CW 52 has filed a case in the court against the IO, saying that his statement has been cooked up.
I had to stay in various prisons in Tamil Nadu for nine and a half years with the burden of allegations of crime in which I had no role whatsoever. When I was locked inside prison, I had only the problem of my leg having been removed in the aftermath of the bomb attack my enemies orchestrated against me. The Prison years of nine and a half years deteriorated my health. Now I am a victim of diseases like Coronary artery disease, Lumbar disc prolapse, peptic ulcer, cholesterol, and hypertension. The count of sugar in my blood is always at the range of 400-500. My body weight came down to 48 kg from 110 kg which I had when I went to prison. Despite these diseases, my restricted movements in a wheelchair as if better dead than alive and the memory of nine and a half year’s torture, I am serving the people of Kerala beyond the divides of religion and caste. Besides being the chairperson of a political party, I am leading an educational collective which provides education and values like patriotism to many orphans. The collective comprises of an orphanage, a religious higher education centre and a college. I have also been leading a fraternity called Anwar Welfare Association which provides education, housing and free healthcare to the poor sections from all religions and castes.
Having delivered the message that Islam and Holy Quran does not sanction the violence of any hue and that a true Muslim can never create a bomb culture or never kill an innocent person in public platforms and through my articles, many fringe groups have threatened to kill me, of which I have informed the Kerala police.
At this stage in my life when I am being trapped again into a falsecase while, a victim of many diseases, I have to consume medicines which cost Rs 250 daily, I humbly hope whatever helps you as a soldier fighting for justice and human rights can provide me. With the prayer that the Almighty god will shower all goodness and blessings upon you,
Your humble brother, Abdul Nasir Maudany