New Delhi (Mizzima) - India's Ministry of Defense has failed to cooperate in the Central Bureau of Investigation's (CBI) case concerning the detention of 34 Burmese freedom fighters currently lodged in Kolkata's Presidency Jail, according to a defense lawyer of the accused.
Akshay Kumar Sharma, a lawyer who represents 34 Arakanese and Karen rebels from Burma, on Monday said that the key witnesses, two CBI officers who were examined in Kolkata’s City Session Court from March 23 to 27, were unable during cross examination to answer questions related to the case of those detained, as the Indian army and navy failed to cooperate with the CBI's investigation.
“During the cross questioning, he (CBI officer J. Nayak) could not answer a number of very important questions regarding very important circumstances which are basic to the case,” Sharma told Mizzima.
“Because the Defense Ministry did not cooperate with them, he could not investigate too much," Sharma added.
According to Sharma, the key witnesses were unable to answer questions related to the in-charge of the joint operation, what sorts of weapons were used, records of wireless communication and the numbers and names of naval vessels and helicopters involved in the operation.
Moreover, a primary CBI witness last week failed to present himself for cross examination, citing the reason for his absence as his being on duty for India's upcoming elections. As a result, the court again postponed the trial until June 22.
“He is busy with election duty as the election [India’s nationwide Lok Shaba election] will be going on in April and May. That’s why they scheduled the trial for June,” Sharma explained.
The Burmese ethnic rebels were arrested in February 1998 in a joint operation known as ‘Operation Leech’ on Landfall Island in the Andaman and Nicobar Islands. Six of their leaders were reportedly killed during the operation and the remaining 36 rebels were initially held in Port Blair, capital of the archipelago, for eight years without trial.
India's Ministry of Defense in February of 1998 claimed that a huge consignment of arms and ammunition were seized during the operation and charged the rebels with gun running and waging war against India. The Burmese, however, maintain they were double-crossed by Indian military intelligence, having only traveled to Indian territory at the invitation of an Indian intelligence officer.
A leading Indian human rights lawyer, Nandita Haksar, in her book released in January of this year, entitled 'Rogue Agent', presents the evidence that a Lieutenant Colonel Grewal of India's intelligence services betrayed the rebels.
"It is India's military intelligence officer who betrayed the Burmese freedom fighters," confirmed Haksar.
Haksar, in her book, also says that India's military establishment has rejected repeated requests to allow access to Grewal, and asks, “If Grewal had been working alone, why would the Indian Army want to protect him?"
In September 2006, the detainees were transferred to Presidency Jail in Kolkata by the order of the Supreme Court following the petition of the rebels. The trial subsequently commenced in January 2007.
And while it is hoped June will see the culmination of the over decade long detainment of the freedom fighters, Sharma cautions that it is uncertain how long the legal battle will ultimately take.
A ray of hope
However, since the CBI officers could not provide the necessary proof, Sharma says there is a possibility for victory relating to some of the major charges.
“Perhaps we will be able to acquit them from charges under the Arms and Explosive Substances Act, as they (CBI) are unable to provide the evidence related to the charges,” he said.
Yet, he added that the Indian government can still charge the ethnic Arakanese and Karen rebels under the Foreigners’ Act.
Sharma, in combating claims related to the Foreigners’ Act, hopes to convince the court that the Burmese rebels did not come to Indian territory by themselves, but only at the invitation of an Indian intelligence officer.
Moreover, he said, “Even if they are convicted under the Foreigners’ Act, they have already spent the requisite time in detention." The freedom fighters have been in detention in India for more than eleven years, having reached their 11th anniversary in February.
Despite the uncertainty of the timeframe for the completion of the legal process, Sharma remains confident of the ultimate outcome, stating, “We are more than optimistic concerning their release."
The Czech Republic and East Timor have already agreed in principle to accept the rebels upon their release from custody, though such a move still requires a recommendation from the UNHCR.
