The Curious Case of Dilip Patidar*
Most of you reading this would not have heard of Dilip Patidar. I had not either. Until November 2008, Dilip Patidar was another “ordinary Indian citizen” – or so it appears. But since then, he has not been traceable.
Here is the sad story of a creaking legal system, a missing person and an indifferent administration (thanks to Amitabh for alerting me to this). Read on.
Here are the basic “facts” around the case.
Night of 10th November 2008: Dilip Patidar is taken(?) for interrogation from his rented house in “Shanti Vihar Colony” in Indore by a squad from Mumbai ATS. This is in connection with the blast in Malegaon (Sept 2008). A Sub-Inspector from Khajrana Thana accompanies him. Here is some background**:
The house in which Dilip lives (lived) is owned by Shiv Narayan (brother of Ramji, an accused in the Malegaon blast). It has been searched by police before (in October 2008). At the time of the previous search, the police had reportedly taken a 12-bore revolver that belonged to Shiv Narayan and also one(more?) timer(s) which are typically used in washing machines and other electrical equipments (microwaves etc). Dilip used to work as an electrician and I have been told that this timer was amongst the various spare parts he had at his house/workshop.
Following the search, Dilip was asked to sign a statement as a “witness” to the search and seizure. This happened on October 24th, 2008.
Two weeks later, at 1am on 11th November, the police are knocking at his door again. He is taken to Nasik by the ATS Team the same night.
24th November 2008: It has been two weeks since Dilip was taken for questioning. His family has no information of his whereabouts or any news of him. Dilip’s brother RamSwarup Patidar files a Habeas Corpus (literally a petition to produce before the court) in Indore High Court seeking judicial intervention to find Dilip’s whereabouts.
2nd April 2009: The petition is finally heard and the court asks the Superintendent of Police (Indore) to file a report within one month (i.e. May 2009).
17th August 2009:Â The High Court directs the Maharashtra ATS to give an affidavit with details regarding the disappearance of Dilip Patidar, a witness in Malegaon bomb blast case. It fixes the next hearing for 17th September 2009.
5th November 2009: The Court constitutes a commitee comprising SP Bhopal, SSP Indore and an ATS Officer to file a report on Dilip’s “disappearance”. The Committee is asked to present its report within one month.
The committee is subsequently asked to present its report by 5th February 2010.
26th February 2010: The Committee presents its report. The Court fixes the next date to hear the case after a month.
Today, 16 months later, Dilip is still untraceable.
What exactly was Dilip’s role in the Malegaon blast?
Looks like he was in the wrong place at the wrong time. This Outlook report suggests that “Dilip was a tenant in the house of Ramji, an accused wanted in connection with Malegaon blasts case”(sic). Curiously, this DNA Report titled, “Who’s Who of Malegaon Blast” (filed before 10th November 2008) has no mention of Dilip Patidar under “Wanted”.
Apparently Dilip Patidar was not the only one picked up in Indore in connection with this case. This Organiser report mentions another name – Dharmendra Bairagi. Dharmendra seems to have been “released” “when his family filed a complaint with Indore police against Mumbai ATS for illegal detention.”
Dilip is 26 and the father of a 3-year old boy. His wife and son live in the fond hope that they will get to see Dilip again.
In case any of you have more information on this (or similar cases), please leave a comment with details below. Thank you.
Related Post: One night, 35 years ago…
* With apologies to F Scott Fitzgerald
** This information was pieced together from a phone conversation with a concerned person in Indore. I am trying to find more details and verify the events independently. Any help in this regard is hugely appreciated. Thank you.
My god, what the heck is going on? Where is this poor man?
Jai
I am glad you have decided to champion the disappearance of Dipak. My words of support alone will not bring him back. We should be resolved never to forget to find out what happened to him. I hope many others will join me in their support and encouragement. If money is needed to support you in this, please donate generously.
Jai Shree Krishna
This is such a serious issue, thank you for bringing it to notice. Our heart goes out to the poor man and his family. As the matter is under judicial review – can someone advice how we ‘Internet Hindus’ can (and should) contribute and help.
Following further on Mr Patel’s suggestion above – is it possible to set up an online support group – that would keep vigil and provide support if necessary. If monetary help is required, donations can be sought and will be provided.
Shantanu,
Hopefully most would be aware of the “Rajan” case in kerala that happened in 1976. http://en.wikipedia.org/wiki/Rajan_case
The suspected culprits are major figures even today in Kerala politics.
A nation that refuses to learn from History is condemned to repeat its mistake.
And the ultimate sufferer is the common man.
The link for the book by Rajan’s father is given below.
http://www.ahrchk.net/pub/pdf/mof.pdf
if atleast now we leave aside petty politics and really unite as a nation we can move forward.
otherwise few years down the line we would be talking of another case like this.
rgds/sridhar
There have been so many ‘disappearances’ in India and for so long. I bet even as we discuss this sad story of Dilip, some unknown person is being picked up by the ‘law enforcement authorities’ who mostly constitute a bunch of corrupt hooligans.
We live in a so-called democracy which in reality is a police state, where might is always right. Look at the sorry state of politics. Who are the majority of the these ‘elected’ policians. Again nothing but a gang of corrupt goondas!
MY GOd THIS TOTALLY INSANE.This matter should be kept alive untill we find the wheareabout of Dilip and even after that also. The cuplrits shoud be punished and punished harshly.
Jai, Khandu, Rajiv, Sridhar, JK and Yogesh: I am trying to find out more…A LOT can be done…I will respond in more detail soon..
In the meantime, pl do what you can to spread awareness…Thanks.
Dear All: Thank you to everyone who responded via email or reached out to me to help and offer support. We are trying to gather more information on the case and Dilip’s whereabouts.
I hope to have some more details soon. Thanks to everyone and in particular to Sridhar, PS and Milind for going the extra mile.
If we had retained at least the level of paper trail that had to be followed under the oppressive British rule, Dilip would not have to suffer this fate.
Rajan was a victim of Indira Gandhi’s Emergency Rule where police and authorities wielded a free iron hand, and Justice stood by paralyzed. If such a thing can happen again, we have to ask — does ATS have unlimited powers, surpassing even the Courts ?
This is a matter of Civil Liberties being systematically derailed. If PUCL truly stands for civil liberties, it should also speak out in one voice against this, shoulder to shoulder with Dilip’s family. The same with other Human Rights groups.
It is time for a broad coalition of all those who believe in civil liberties and human rights, cutting across party political and ideological lines, to come together to save the state of law and order in this country.
Freedom of Information and freedom of speech and expression are key to this. The traditional media has already sold its soul. The extreme powers that the Police Cyber Cells hold over the new media, and the draconian measures such such as internet monitoring, have a chilling effect which puts a lid on active citizenry, even though it is all done in the name of fighting terror. Do you realize how rights are being taken away bit by bit ?
The vultures are now trying to weaken the RTI system too, so they can have a field day. Depressing indeed…
Intersting. Wonder whether you will take the trouble to fnd out thousands of Muslims who are “missing” as well? In fact, if one had similarly spoken about missing muslims who have had false cases foisted on them, people like you would have immediately branded him a terror sympathiser? Talk of hypocrisy
@Sameer
What’s got your goat man? We are trying find out about an innocent man.
If you want to bring religion into the picture, I’ve been to many Muslim sites and not one of them have anything to say about the plight of Hindus of Kashmir – the destitution they are still living in. Infact some of them sympathize with the terrorists. Forget about the plight of minorities in our neighbouring countries.Fix your own attitude first.
If you have nothing positive to say, get going and don’t sully other peoples efforts with your negativity.
Sameer, what’s stopping you from taking up the cause of missing Muslims? Go ahead – it’s a free country, and no one will stop you. And if you are sure about your motivations for taking up the cause of missing Muslims, why should it matter what others may think/say? Or, are you looking for some validation or jai-jai-kaar that you’re such a wonderful person and a hero for taking up a just cause of missing Muslims?
=>
In fact, if one had similarly spoken about missing muslims who have had false cases foisted on them, people like you would have immediately branded him a terror sympathiser?
=>
Sameer, I’m sure that Shantanu is quite capable of responding to your comment, but I just wanted to ask you some questions, since this is a public forum.
Are you aware that you’re using “in fact” along with “would have” in the above sentence? Is that grammatically and logically correct?
Do you have any proof that “people like [Shantanu]” – (as an aside, what kind of people?) would have done what you say they would have? Any facts to corroborate/back up your statement, or is it a hobby of yours to display your idiocy on the internet?
@ Sameer: “Wonder whether you will take the trouble to fnd out thousands of Muslims who are “missing” as well?”
Sure, I would…Let us start with a particular case, shall we? Pl. leave a comment here if you are serious about this – name(s), details and any info that you can provide about any suspected Muslim terrorist(s) who is/are missing.
And, as Kaffir has already mentioned, what is stopping you from starting a site for such “Missing Muslims”?
As for “..if one had similarly spoken…people like you would have immediately branded…” etc, let me repeat what I mentioned in my response to you on the other post: “Pl don’t put words in my mouth.” I don’t appreciate it.
You are welcome to have a civil and rational debate here but no insinuations and no sweeping statements of accusation please.
***
@ Niki: Good point about the plight of Kashmiri Hindus and how that issue gets almost no mention in the mainstream (or alternative) media.
***
@ Kaffir: Thanks a lot for pointing out the logical inconsistency and for the pointed questions…
True Civil Liberties is a larger movement that cannot be hijacked by narrow interests. Naturally, narrow interests fear true Civil Liberties.
How much powers have we as a nation have given to one man, a minister, and another man, a Police Official, so that together they can hold the rest hostage ?
On that note Toral Varia has been trying to find out about Dilip Patidar through the ATS. She is on twitter
Hah, do not expect people like Sameer to respond. They are ‘spit and run’ groups.
@Shantanu and Kaffir: You make very interesting statements:
1(Kafir) Sameer, what’s stopping you from taking up the cause of missing Muslims?.
2(Shantanu) And, as Kaffir has already mentioned, what is stopping you from starting a site for such “Missing Muslims�
If you say you’ll only talk of Hindu interests and I should talk of Muslim grievances, whatever happened to Bharat then? If you want to highlight Hindu interests, I’m perfectly fine with it (“It’s a free country after all”), but please don’t masquerade as patriots or nationalists then. I’d expect a patriot to speak for all indians, and not just a sections of his countrymen. This is pseudo-nationalism
Well, Shantanu, you’d be the last person I’d expect to speak up earnestly for Muslims facing innocent charges, missing or encountered. If you were really interested, you’d have done it with the same zeal with which you’re taking up this case – your tone says it all.
Kaffir said: Do you have any proof that “people like [Shantanu]†– (as an aside, what kind of people?) would have done what you say they would have?
Please read Shantanu’s note on Abu Azmi’s visit.I can probably find more if I look around but will try and do that some other day
Both Nikki and Shantanu talk of Kashmiri Pandits. It is true that Pandits have fled the valley, and should be encouraged to return to their homeland. Ever though about the plight of the victims of Gujarat and Mumbai mass murders, not to mention others over the last decade? Are they not citizens of this country? And will the governemnt deal with those accused of Gujarat and Mumbai the same way they have dealt with the terrorts in Kashmir?
@ Nikki –
I’ve been to many Muslim sites and not one of them have anything to say about the plight of Hindus of Kashmir
You’re probably right here. Correct me if I’m wrong, but your point is that just as Muslim sites do not talk of Kashmiri Pandits, Shantanu’s site represents Hindu interests, and therefore won’t talk about the plight of Muslims. That may indeed be justifiable, but why pretend that the author has the country’s interests and hand, when it’s only his religion he’s concerned about?
@ Sameer: Very good…The statement I made was in response to your assertion that I am ignoring “Missing Muslims”. My intention should have been clear from the offer I made you at #14 which I am repeating below for emphasis.
Sure, I would…Let us start with a particular case, shall we? Pl. leave a comment here if you are serious about this – name(s), details and any info that you can provide about any suspected Muslim terrorist(s) who is/are missing.
I notice that you have chosen not to respond to that.
It is you who sees a “Hindu” in Dilip, Sameer…not me. For me, Dilip is a citizen of India who is missing, Period.
And as I have said before, you are free to draw your own conclusions about my “nationalism” – or otherwise.
@Sameer,
I find it interesting to note that how people with the mindset of rabid communalism claims to be secular while all they achieve is to rant against Hindus. Shantanu talked about a missing Indian and nowhere he even talked about the person’s religion (Dilip Patidar could very well be a Buddhist or Christian). It is you who claimed here first that many more Muslims are missing. When challenged, you simply avoided to back your claim with data. As I said before, we can not expect any better from you.
“If you want to highlight Hindu interests, I’m perfectly fine with it (â€It’s a free country after allâ€),” – No, you are not fine with it. Had you been, you would not have jumped on the forum with the claim of Muslim grievances while the post even did not talk about any religion.
“This is pseudo-nationalism” – Well, what you have got is pseudo-secularism.
“..you’d be the last person I’d expect to speak up earnestly for Muslims..” – So, show us the names of the Muslims who are lost and what you have done for them, Mr. Secularist. Shantanu at least put a name here and followed the case.
“Please read Shantanu’s note on Abu Azmi’s visit.” – So what is out there in Abu Ajmi’s post that makes Shantanu a Hindu communal?
“..and should be encouraged to return to their homeland.” – So what effort did you put for them, Mr. Secular Indian? I am yet to find a single Muslim who could not return to their land.
“Ever though about the plight of the victims of Gujarat and Mumbai mass murders, not to mention others over the last decade?” – What are the riots other than Gujrat that happened over the last decade? Riot costs lives to both the communities, what is the point of talking about only “Muslim victims”? While you were talking about riot victims, can you express some outrage about Godhra killings too?
“And will the governemnt deal with those accused of Gujarat and Mumbai the same way they have dealt with the terrorts in Kashmir?” – Yes, let us bring them to justice. Do you have some presentable irrefutable proof and names of the accused? Government has so far rewarded dead terrorist’s family for being dead terrorist’s family. Do you want Government to reward those who acted in favor of the riots in a similar way?
“..but why pretend that the author has the country’s interests and hand, when it’s only his religion he’s concerned about?” – One can always be concerned about his religion as well as country. To love a country one does not have to be an athiest, the interest of religion and country are not mutually exclusive. Both of them stems from the same concerns about the people around you and worries about the future generation. But, then for a pseudo-secular that is a hard point to understand because a dishonest lefty “intellectual” has not written so.
One more point, Sameer.
Bias, like beauty, lies in the eyes of the beholder…
If you are seeing this issue from a “Hindu vs. Muslim” perspective, perhaps you are projecting your own prejudices on me/other readers?
Indore MP Smt Sumitra Mahajan (Tai) raises the issue of Dilip Patidar in Lok Sabha: http://epaper.naidunia.com/Details.aspx?edorsup=Main&queryed=9&querypage=3&boxid=30015504&id=139920&eddate=04/21/2010
(“Naidunia” report in Hindi).
Tai raised the issue during zero hour and asked the Home Ministry to intervene to find out the whereabouts of Dilip.
Thanks to sridharkswamy for this link:
Malegaon blast: CBI announces award for info on Patidar
Updated on Sunday, January 30, 2011, 20:55
Indore: The CBI has announced a reward of Rs 2 lakh to any person passing on information on Dilip Patidar, a witness in Malegaon blast, who went missing two years back.
..The CBI has been searching for Patidar following the order of Indore bench of Madhya Pradesh High Court last year, on a habeas corpus petition.
they dont let Indian flag fly at Lal Chowk, they dont do anything about illegal muslim bangaldeshis killing,looting Hindus in Bengal, they dont mind srilankans killing Indian fishermen,they dont mind Unnikrishnan’s uncle self immolating for justice, they dont, they dont,they dont….. we dont exist as a nation, we dont live like a civilized society,we dont think like a community.. finally we dont qualify to be humanity.
From The Witness Has Vanished by Toral Varia:
…He is a key prosecution witness in the 2008 Malegaon blasts case. He has been missing for nearly four years now. And the CBI, after investigating his disappearance, is set to chargesheet officers of the Maharashtra anti-terrorism squad (ATS), the very agency that considered him its key witness. The case of Dilip Devisingh Patidar is a window to the scary, shadowy world of terror investigations, where the usual dubious practices of police—such as coercion, pitting suspects against one another, forced confessions, and especially illegal detention—are used with impunity. Such methods come under blazing light only when things go wrong, as they seem to have in Patidar’s case.
The CBI has found fault with some ATS officers in its report to the MP High Court. It awaits clearance for prosecution.
…The Maharashtra ATS homed in on some Hindutva groups, and on November 1 that year came to search the house of Shivnarayan Kalsangra, a suspect now under arrest, in Indore. (His brother Ramnarayan, one of the main accused, is still absconding.) This was when the ATS first came in touch with Patidar, the Kalsangras’ neighbour. Obtaining the house keys from Patidar, the ATS conducted the search in his presence. Then, on the night of November 10, the ATS is said to have picked up Patidar, then 26 years old, from Indore after allegedly uncovering his cellphone links with Kalsangra and other suspects. From November 11 to 18, the ATS is said to have questioned him at its Mumbai offices. But inexplicably, he was said to have been allowed to go to Indore on November 18 to collect his ID proof to enable him to record a statement before a magistrate. The last Patidar’s family heard from him was on November 20, when he called Alkesh Solia, a cousin.
After vain attempts to file missing complaints with the Khajrana police station in Indore, Patidar’s family members filed a habeas corpus petition with the Indore bench of the Madhya Pradesh High Court. It was admitted on November 24, and the court asked a joint team of the ATS and Indore police to locate Patidar. Filing a report on behalf of the joint team on February 24, 2010, the Indore police told the court Patidar was not in the custody of any investigating agency—he was in hiding.
When Patidar could not be located for nearly eight months, the court ordered the CBI to take up investigations on October 1, 2010. Over the last 21 months, the CBI has filed seven status reports with the court. For now, the Madhya Pradesh High Court has closed the case, in the expectation that the CBI will soon obtain clearance to prosecute the ATS officers its status reports have damned.
Here are some of the CBI’s findings from its status reports, which Outlook has access to. These findings, based on the scrutiny of ATS and Madhya Pradesh police documents and examination of some 60 witnesses, question the methods adopted by the ATS’s officers:
Detention illegal: The CBI’s status report of July 11, 2011, says, “…Patidar was taken by the ATS Mumbai team on the intervening night of 10-11 November 2008 from his residence and they detained him in illegal custody even till 20 November 2008…their procedure of taking him away was not as per the legal provisions. No notice or summons was issued. Neither any written willingness of Patidar obtained by the ATS. Patidar was kept in wrongful confinement till 20 November 2008, when the last phone call was received by his cousin.â€
Patidar was scared: His cousin Solia told the CBI that Patidar sounded “unnaturalâ€, “frightened†and “under pressure†in his November 20 call. He said “he was in the custody of the ATS and would be released in a day or twoâ€.
Unusual release: The CBI says it’s difficult to believe two claims of the ATS: a) that Patidar, when he was being questioned in Mumbai, was allowed to visit his friend’s house and hence wasn’t illegally detained; b) that Patidar was allowed to go and collect his ID proof from Indore. There’s no address or contact number of the so-called friend. And a man “lifted from his residence†is unlikely to be allowed to leave on his own.
Discrepancies in movement reports: Patidar apparently “attended†the ATS’s unit in Vikhroli, Mumbai, on a couple of days, but there’s no reflection of these movements in the diary notings of the ATS’s Kalachowky unit, where he was originally kept. His movements on some other days, however, are noted. As police officers will admit off the record, not making proper diary entries, or faking them, is not unusual in the interrogation of suspects detained illegally.
One call a day: The ATS claimed Patidar was in constant touch with his friends and relatives, and therefore, was not in illegal detention. The CBI doubts this, saying, “There’s one peculiarity…he has made only one call on some days while in ATS custody. No other phone calls were made or received during this period of custody (November 11-20, 2008).†Clearly, the ATS was allowing him to make one call per day to family members, a common tactic to keep them from getting worried and seeking legal aid.
Local cops inactive: The CBI found that Patidar’s family members made missing person complaints with the Khajrana police station in Indore on November 14, 20 and 22, but the SHO did not make official entries. Usually, special investigating agencies such as the ATS are able to exert pressure on local stations to stall missing-person complaints about suspects they have picked up.
The CBI has concluded that “there is nothing to show that Patidar came back to Indore from Mumbaiâ€. So where is he? The cash reward for any information on him has gone up from Rs 2 lakh to Rs 5 lakh. But there is no answer.