New Delhi, January 11: METROPOLITAN magistrate Deepak Dabas asked Swami Asimanand at least six times whether he was voluntarily making his confessional statement to the court on December 18.
Each time he got an answer in the affirmative.
Though Asimanand’s amicus curiae, Manbir Rathi, is now claiming that the swami gave his confessional statement under duress, the court had taken all precautions to ensure that the CBI was not influencing the swami’s confession.
According to the court, it did not record Asimanand’s confession on December 16 when the CBI produced him before it.
It instead sent Asimanand to Tihar jail for the next two days. “ The accused was remanded in judicial custody to give him time to think and reflect upon whether he wanted to give the statement/ confession or not. Today, the accused has been produced from judicial custody directly in court,” the magistrate said.
CBI officials are confident the magistrate will be their prosecution witness and that the swami could invite perjury if he goes back from his legally- admissible confession under Section 164 of the CrPC. Asimanand told the magistrate on December 16 as well as 18 that he wanted to confess his guilt voluntarily.
After sending out the CBI investigation officer from his chamber, magistrate Dabas had even sent his stenographer away from his chamber while noting down Asimanand’s statement on December 18.
“ I told the accused that I am a magistrate and he was no longer in the custody of the police or the CBI. The officers of the CBI cannot enter my chamber without permission and whatever is happening inside the chamber is not audible or visible to the people outside the chamber,” the magistrate said.
He also asked Asimanand whether any CBI officer met him in jail or during his travel from jail to court on December 18, to which the latter replied in the negative. “ The accused had stated that he was making the confession voluntarily and without fear, force, coercion or inducement,” the magistrate said, when asked whether the swami was influenced by the CBI in any way to give a confession.
Asimanand also rejected consulting a lawyer offered by the magistrate for legal aid. The magistrate then posed several questions to Asimanand before recording his confession and told him he was not bound to make a confession.
He also asked the swami if he knew that the confession may lead to his conviction.
“ I know I am not bound to make a confessional statement and I also know that in case I make a confession, it may be used as evidence against me. I also know that I can be sentenced to death in the present case, but still I want to make a confession,” Asimanand told the magistrate.
Dabas then asked Asimanand if he was feeling comfortable or if there was any fear in his mind — to which the swami said yes — or was he making the confession under the impression that he will be saved from punishment — to which Asimanand replied in the negative.
“ Having made the aforesaid enquiry, there is no reason to suspect that the accused has been persuaded or coerced to make a confessional statement,” the magistrate noted before proceeding.
When the magistrate asked why Asimanand wanted to make the confession, the latter said: “ I am making the confession because when I was lodged in Chanchalagudda District Jail, Hyderabad, one of my jailmates was Kalim.
During my interaction with Kalim, I came to know that he was previously arrested in the Mecca Masjid blast case and had to spend about one- and- half years in jail. During my incarceration, Kalim helped me a lot and used to serve me in the jail, bringing water and food for me. Due to good conduct of Kalim, I was very much moved and my conscience asked me to do penance by making a confessional statement so that the real culprits can be punished and no innocent suffers. I am extremely pained from inside now. That is why I am confessing to all this.”
COURTROOM TALK
MAGISTRATE: Do you know why you have been brought here? ASIMANAND: I have been brought here to get my confessional statement recorded as I want to confess my guilt.
MAGISTRATE: Do you know you are not bound to make a confessional statement and if you do, the same may be used as evidence against you? Do you know the consequences? ASIMANAND: Yes. I also know I can besentenced to death in the case, but Iwant to make a confession. I fully understand the consequences.
MAGISTRATE: Are you making theconfession before me voluntarily? ASIMANAND: Ye s . MAGISTRATE: Did the police or the CBIthreaten, induce or make promises to you ? If so, are you influenced by it? ASIMANAND: No.
MAGISTRATE: Do you know you will not be remanded in CBI custody even if you do not make a confession? ASIMANAND: Yes, I am aware of it.
MAGISTRATE: Do you know that a lawyer can be provided to you from legal aid free of cost? ASIMANAND: Yes. But I do not want any lawyer from legal aid.