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India’s Guantanomo Jails

16 December, 2008

By Momin Iftikhar

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The disclosure by a Pakistani lawyer C M Farooque that many people including Ajmal Kasab were apprehended by the Nepalese authorities in early 2006 and transferred to India for interrogation by the Indian intelligence agencies has once again raised the issue of the clandestine detention of foreign national in India and their use as clay pigeons in fake encounters to conduct coercive diplomacy against Pakistan. Ajmal Kasab is the only ‘survivor’ from among the nine attackers who held Mumbai to ransom from 26 Nov and 29 Nov, killing 170 and injuring hundreds and forms the pivot of the Indian argument that terrorism emanating from Pakistan constitutes a casus belli that merits a  punitive action against Pakistan.

According to Farooque, who is running a NGO, ‘Voice of Human and Prisoners’ Rights’ Ajmal was one of around 200 people who were apprehended before 2006 and that an application by him to the Nepal apex court was currently pending in which the Indian and the Nepalese Governments had been made respondents. Farooque had held a press conference earlier in which he had apprehended that Kasab and many of those arrested in Nepal and transferred to India would be killed in fake encounters and their bodies used to authenticate sinister scenarios fabricated by Indian agencies. RAW wields considerable influence in Nepal and the unfortunate people who got trapped by the agency had gone to Nepal on legal traveling documents. The advocate confirmed that he had filed a petition in the Nepal Supreme Court in Feb 2008 seeking Kasab’s release which had made no headway thus far. 

Ever since September Eleven’s reprehensible attacks and US’ aggressive and unilateral response seems to have obsessed India. To jump on to US led ‘fight against terror bandwagon’ she has gone to and exceeded al limits in presenting herself as the victim of “cross-border-terrorism” to justify a coercive policy vis-à-vis Pakistan. Even as the communalization of India, the deepening fissures of socio-economic fault lines and the rise of Hindu Terrorism have become major sources for the rise of terrorism related incidents in India yet she has refused to acknowledge the ground realities and has been holding Pakistan accountable for all acts of terrorism in India. It is instructive to note that in Dec 2001 India used the attack on the Indian Parliament to mobilize for an impending war with Pakistan even when no evidence was available to justify such a horrendous move. The standoff lasted till Oct 2002 without emergence of any evidence that linked Pakistan to the Parliament attack. When the Supreme Court finally announced its judgment in Aug 2005, there was no mention of Pakistan’s involvement and only one of the five accused, Afzal Guru, emerged as the ultimate fall guy. As of the five attackers who were all killed by the security forces during the attack and dubbed as Pakistanis, nothing is known. There were some reports though that these were Taliban prisoners who had been arrested in Afghanistan by the newly installed government indebted to India for its sponsorship of their cause during the long struggle with Taliban.

Much like their fascination with the US evolved concept of unilateral aggression, Indians, in the post Nine Eleven global scenario, seem to be obsessed by the concept of Guantanomo Bay detention facility maintained by US and its concept of secrecy and being beyond the jurisdiction of law and accountability. In the wake of dissipation of Taliban resistance in November 2001 RAW began the operation of airlifting Pakistani and foreign nationals from Afghan jails to undisclosed locations in India. The Panjshiri warlords, indebted to Indian unflinching support during the post Sep 1996 coming to power of Taliban, provided RAW with unrestrained access to prisoners in Afghan Jails where they chose their victims at will. According to reports, in one particular incident a RAW team led by General Sunny and including Brigadier Nair and Mr. S S Phogat aka Colonel Prakash Malhotra singled out prisoners in the Dashtak Jail in Panjshir after spot interrogation. These hapless individuals were shifted by MI 17 helicopters from the Dashtak jail to 6 Frontier Corps Headquarters at Kunduz under the authority of General Qasim Fahim, who later became the Afghan Defence Minister and Younas Qanooni. After more interrogation by RAW these prisoners were heli-lifted to Dushanbe by Afghan Helicopters and later flown to undisclosed location in India by an IAF IL-76 on 25 Jun 2002.

What happened to these individuals who were picked up by India from Afghanistan outside the framework of any legal, military or moral authority? remains any ones’ guess. But the increasing exposure of fake encounters by Indian security forces and the discovery of mass graves holding bodies of the victims of such encounters are leads enough to indicate to the sordid and diabolic end meted out to these innocent people. During summer this year there were the disclosures about the presence of 1000 unmarked graves in border villages around Uri in the Indian Held Kashmir. The villagers said that they had no ideas who were the buried men and that the police told them that the men were foreign militants killed in fighting with Indian troops. One can’t cease speculating how many of those lifted from Afghanistan now lie  at the bottom of such soggy pits in Kashmir and else where.

The 26 – 29 November Mumbai attacks have elicited an established response from India of blaming Pakistan for all and sundry acts of terrorism occurring in India; even before conducting a proper inquiry and establishing the facts. The statement of Advocate Farooq, duly supported with legal facts establish that Ajmal Kasab was picked up by the Indian agencies from Nepal and he is now being used as a pawn in the Indian explanation of the Mumbai incident that places the onus of responsibility on Pakistan. The disclosure also goes to confirm reports that India is holding foreign and Pakistani nationals in undisclosed jails a la Guantanomo where the incarcerated people have no access to law and who act as cannon fodder in fake encounters that help India conduct her policy of coercion with Pakistan. Pakistan , also, needs to take up the matter with the Nepalese Government to circumscribe the untrammeled liberty of action enjoyed by the Indian intelligence agencies in Nepal, to the detriment of Pakistan.


Reader Comments:

Let's accept what is true..because to hide a crime you have to do 1000 crimes

Altaf, Pakistan - 16 December, 2008

Tourist, Not Terrorist

Pak Tribune says it "keeps its rights resservd to edit the comments for reasons of brevity, clarity and morality". But what about the published articles such as the present one? It says that Kasab, one of the Mumbai killers who got into the hands of the police in India, is actually a simple tourist who went to Nepal two years ago to get trapped by RAW and kept in India to be exhibited later as jihadi in fake attacks from Pakistan.

What can be more immoral than such lies? I speaks volumes for a failed nation named Pakistan, and its sham democracy, that it such professional liars as the author of this article to go about as members of a supposedly free press. But I admire most of all the editor of your rag. It must require a great histrionic ability to pretend to be an honest journalist to whoever reads him, yet wag his tail in gratitude at everyone passing in khaki.

Sumit Mitra, Hungary - 16 December, 2008

Nice article

Very nice article, well crafted. India is the most underdeveloped in the world and the most terrorized country without law and order. I think its worst than Somalia, Uganda, etc.

I congratulate the writer. Thank you very much for bringing truth to the readers, I thought other ways. Everything you said is absolutely right. Keep up the good work. You are an encyclopedia. Please, continue to attend and learn / gain knowledge from Madrassas.

(Ajmal Kasab's father has confirmed to “The Dawn” that Ajmal Kasab has visited them on last Eid, which is couple of months back. No worries, I am pretty sure RAW made him say that)

Jones, Canada - 16 December, 2008


accepted kasab was apprehended in 2006 & handed over to RAW, somebody could tell this writer to clarify the following
-passport details of kasab
-purpose of visit
-occupation and sources of income of kasab.
-address & details of kasab's parents and his education
-was any report filed by any relative of kasab with police informing that kasab had gone missing
-what is the loci standi of the lawyer to file the case in nepal, HAS PAKI GOVT DIVORCED IT'S CITIZENS THE WAY YOUR ARMY DISOWNED IT'S SOLDIERS IN KARGIL..... SHAME
-if it is true why is pak govt silent even , tell it to take up the case officially with nepal govt.

atleast it is conceded that he is a citizen of paki , good you are atleast more honest than your govt.




SK SHARMA, Hungary - 16 December, 2008

Pure assumption

Does any of the claims which pakistan makes have any evidence. It doesn't suite for pakistani army and government to fight like cowards and if they really feel that 'jihad' has to be done it must be the way "Imam Hussain" in "karbala" not like cowards from the back. Allah will not forgive those who fight from back.
Sometime we feel ashamed of calling ourselves "Pakistani"

Junaid, United Kingdom - 17 December, 2008


Do not forget that villagers in Faridkot have told Dawn and Geo TV in Pak that Ajmal had visited the village about 4 months back and asked bleassings from his mother saying that he is going for Jihad.

Dayal, Hungary - 17 December, 2008

truth is bitter

lets face the truth...if these activities done by RAW how these are published and do uyou have the proof?

truth, Pakistan - 17 December, 2008

see the facts

Ajmal was not in faridkot 4 months back.

It is a regular indian hindu police practice to kidnap muslims from one place and then present them as criminals in a self committed crime else where. They are trying to do the same thing here.

In a stunning revelation, a Pakistani lawyer CM Farooq has lifted the lid on the reality behind Ajmal Kasab's involvement in the Mumbai Attacks.

Ajmal Qasab (or Kasab / Kasav / Amir Ajmal / etc), the only terrorist 'caught alive' - the man at the heart of India's apparent 'investigation' and around whom their allegations of Pakistani involvement are based, was among a group of Pakistanis kidnapped in 2006 from Khatmandu, by the Nepalese security forces under instruction from Indian intelligence agencies.

read full story:


Fake Evidence: Faridkot Residents Protest!
Dan Qayyum | PakistanKaKhudaHafiz

Geo and Dawn may choose to ignore this but the residents of Faridkot village have taken the streets to protest against the FAKE EVIDENCE presented as fact by GEO TV.
There is no trace of any 'Kasab' family in Faridkot.

The house that supposedly belongs to Ajmals father Ameer Kasab is occupied by an Abdul Ghafoor, who has been living there for the past 20 years. The local authorities too vouch for that.

'There is no such person in our village', says Nazim, Union Council Faridkot, Ghulam Mustafa Wattoo.

Why is this not being reported by the media? Have they something to hide? If the residents of Faridkot are correct, then why is fake evidence being presented by Geo and Dawn? Is this being done under the direct orders of A.Z?

read full story:


salina salha, Pakistan - 17 December, 2008


Nobody can imagine where you people heading to Pakistan. Instead addressing issue and fixing it, you people are making false statements. This bankruptcy in thinking already did lot of damage to Pakistan.

Bhupendra, Pakistan - 17 December, 2008

The TRUTH about Kargil

Dear author,
since you started unearthing the deadly designs of RAW and Indian state, let me tell you the TRUTH about Kargil and IC814 hijack.
RAW kidnapped about 1000 Pakistanis from nepal who were sitting in Nepal, may be, waiting to be Kidnapped by RAW. then RAW brought these guys to India, let them infilrate into PoK and Pakistan, and then attack Indian security forces to malign Pakistan!! What a sinister plot!!! Then, RAW again kidnapped 5 Pakis in Nepal, forced them to hijack IC814, and forced them to demand 3 dreaded "freedom fighters" (never mind that these freedom fighters do not think twice before killing a human being, be it hindu, muslim, jew or christian), and then forced the hijackers to flee with these 3 terrorists into Afganisthan. Again, what a sinister plot!!!! it was, after all, in RAW's interest to free the three dreaded terrorists.

Pakis, and author of this article included, are WORSE than i thought they are. Committing a crime is bad enough, but concocting insane, stupid stories to put the blame elsewhere? This level of dramatization can only be seen in all SAAS-BAHU serials on Star Plus, or masala Bollywood movies. can't imagine a "journalist" cooking up these kind of stories about a very serious stuff such as Mumbai blasts. Guys, please, get a life!

Ramesh thakur, Hungary - 17 December, 2008

India with most human rights voilations.

It is sad that India is a country with most human rights voilation.wether on religious basis or gender basis or race basis even within same faith and tragically Hindus keep on insisting to be the best than neighbouring countries.There is not even handful Hindus who for the sake of justice come forward and speak against this injustice.

mjkhan, United Kingdom - 17 December, 2008

What knowledge? How to create trouble for others?

Nikus, Hungary - 19 December, 2008

You blo....Nautankibaj !

KATHMANDU: Records at Nepal's apex court have proved as false Pakistani lawyer Chaudhary Muhammad Farooq's claim that Mohammed Ajmal Kasab, the lone
surviving Mumbai attacker, was arrested in Nepal two years ago. The incident has raised questions about the lawyer's actual identity and intent.

According to Nepal's Supreme Court, Farooq, who described himself as a high court lawyer, filed a habeas corpus writ on Feb 24, asking the police to produce in court two Pakistanis who had been arrested from a hotel in the capital two years ago.

In his petition, Farooq gave the two men's names as Asif Ali, a 22-year-old from Islamabad, and Walid Sajjid, a 23-year-old from Faisalabad.

The two judges hearing the petition, Min Bahadur Rayamajhi and Rajendra Prasad Koirala, asked Nepal's police to furnish an explanation.

Nepal's police did so, saying that Farooq's contention that the two men were being held illegally was not true. After that, Farooq never turned up at the court to pursue the case further.

Consequently, on March 14, the judges dismissed the petition in accordance with Nepal's laws as the petitioner was absconding.

Nine months after the dismissal, Farooq resurfaced in Pakistan. He told the country's media that Kasab had been unlawfully arrested in Nepal and he had filed a petition to free the young man after being approached by Kasab's parents.

Farooq also said that the two Pakistanis who had been arrested in Nepal had come with bona fide travel documents.

Prakash, Hungary - 19 December, 2008



Kauraial, Pakistan - 19 December, 2008

And what about Nepal denying it?

Nepal has just rubbished stating that Pak media is misleading and trying to digress from the major issue. What other concoction would Pak media come up with now?

manish, Hungary - 20 December, 2008

Nepal officially declined

As Nepal has officially declined any arrest of Ajmal Kasab so Remove such articles and stop writing. By writing Such articles you just want to make yourself happy. Pakistanis Need to understand the gravity of the situation and the seriousness of the evidence that exists to Pakistan's links to this Mumbai event. Mumbai attacks were no ordinary event and the tendency in Pakistan to deal with this as a minor incident is going to hurt you badly.

Nepal comment, Nepal - 22 December, 2008

Visiting Mother in Jail for Jihad

Frankly I would like to visit my mother in Indo west economy bankrupt auto bailout country jail for permission to go to jihad to evict foreign troops in lieu of Mumbai gimmicks to hangout longer out there!

Krishnim Hussain, Canada - 22 December, 2008

Pakistan have lost its credibility continously befoolong the international community and it is known that terrorists today have full control in Pakistan. The time is not far when these people on the line of misguided relihion will start acting as Talibans used to In Afghanistan. The people of Pakistand should come forward to save country, religion and people. Pakistand is in dengerous situation now and leaders should undestand this.

Habib, Hungary - 26 December, 2008

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