Purulia arms drop case

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Purulia arms drop case
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The Purulia arms drop case is the legal case regarding an incident on 17 December 1995 in which unauthorised arms were dropped from an Antonov An-26 aircraft in Purulia district in the state of West Bengal in India. The chief accused "Kim Davy" (real name Niels Holck, alias Niels Christian Nielsen) claims that it was a conspiracy of the Congress Indian government together with RAW and MI5 to overthrow the communist government in West Bengal and he was given assurances from the central government about his safety and return to Denmark. He further alleges that MP Pappu Yadav, who is in touch with the Prime Minister of India facilitated his safe exit from India.[1]

Background

A Latvian aircraft dropped a large consignment of arms including several hundred AK-47 rifles and more than a million rounds of ammunition over a large area in Jhalda, Ghatanga, Belamu, Maramu villages of Purulia district on the night of 17 December 1995.[citation needed] Several days later, when the plane re-entered Indian airspace, it was intercepted by the Indian Air Force MiG-21 and forced to land.

Motive and recipient

While the true motive of the operation remains shrouded in mystery and conjecture, BBC, after it's investigation into it, alleged that arms were intended for the socio-spiritual organization Ananda Marga.[2] This has been disputed by the prime accused in the case Kim Davy who claims the central government itself was behind the arms drop to counter the CPI(M) cadres.[3]

An Indian court in 1997 determined that the Ananda Marga group was indeed the intended recipient of the guns and ammunition.[4] Based on the pilot's testimony, along with other evidence such as a photograph of the Ananda Marga headquarters on the aircraft, the Judge ruled:[5] "as per the materials available I hold that it has been established from the materials on record that the places where the arms were targeted to be dropped were of Anandamargies and precisely three storied white building was the target point and at that target point the arms were tried to be dropped from a flying aircraft and the aircraft has been pin pointed as per the evidence and materials on record." However, despite the passage of years, many details of the incident are wrapped in mystery, and there has been considerable speculation as to the purpose and modality of the operation.

Arrest and sentencing

The crew of the aircraft consisted of five Latvian citizens and Peter Bleach, a United Kingdom|British citizen and an ex Special Air Service operative turned mercenary who was based in Yorkshire and involved in arms dealing.[citation needed] (However, Annie Machon, the former MI5 officer, accuses Bleach of being an MI6 agent in her book "Spies, Lies and Whistleblowers". In numerous interviews, Bleach has always evaded questions on this subject and has declined to answer questions on his military background.) They were arrested and sentenced to life imprisonment while alleged crime boss|kingpin Niels Holck|Niels Christian Nielsen (aka Kim Peter Davy), a Denmark|Danish citizen and member of the Ananda Marga group,[6] escaped. Later, an Interpol red notice was issued against him. Following the intervention of Russian authorities, the Latvian crew (who gained Russian citizenship while in Indian custody) were later pardoned and released in 2000. An appeal has been submitted by the pilots lawyer before the Calcutta High Court in March 2000 challenging the trial results and the judgement but it is still pending. Peter Bleach, too, was released on 4 February 2004, via a President of India|presidential pardon, allegedly due to persistent British Government pressure. In 2007 Kim Davy was traced by Denmark authorities and on April 9, 2010 Danish government decided to extradite Kim Davy to India but Danish authorities failed to successfully defend their decision in the Danish high court. The court, therefore, refused extradition of Kim Davy to India. Further, Danish authorities decided not to appeal the high court judgement to the Supreme Court.[7] Peter Bleach was not an SAS operative. He was a Lance Corporal in the Intelligence Corps initially serving at 7 Armoured Bde in Germany, then in N Ireland. These were desk bound activities. (From personal conversations with him over 16 years ago.

Recent development

On 8 October 2008 the extradition of the key accused, Kim Davy, real name Niels Holck, was close to being finalized as the government had, in principle, agreed on giving "sovereign assurance" to the Danish authorities on their conditions, as well as bringing about some changes in the existing extradition law. One of the conditions Denmark had set included the waiving of the death penalty if Davy is convicted by a court for his involvement in the dropping of a huge cache of arms and ammunition from an aircraft in West Bengal in 1995.[8]

On 28 April 2011 Kim Davy came forward and alleged that both the Indian government (congress party) as well as its intelligence agency R&AW were aware of the precise details of the arms drop well in advance, and that the whole operation was conducted with the implicit agreement of the Indian authorities. Both Peter Bleach and Kim Davy claimed that the aim of the arms drop was to help anti Left government dissidents and to create a pretext to impose President's Rule in West Bengal.[9][10][11]

On 29 April 2011 Central Bureau of Investigation denied all allegations of involvement or collusion in the arms drop.[12] Questions have been raised if Kim Davy's 'sensational revelation' was aimed to stall the extradition efforts of India.[13][14][15] Some political analysts have also questioned the 'timing of the revelation' which may help the Left parties in the ongoing state government assembly elections.[16][17][18][19]

On 30 June 2011 Central Bureau of Investigation has been denied to extradite Kim Davy a.k.a. Niels Holck to India for further proceedings in India. The Danish High Court, after hearing evidence from Peter Bleach who described his personal experiences in jail in Kolkata, dismissed the plea on the grounds of "torture or other inhuman treatment".[20]

The Bangladeshi Member of Parliament|MP and retired Major-General Mohammed Shubid Ali Bhuiyan had been accused of involvement in the case.[21][22] The CBI had submitted to the Kolkata High Court two end-user certificates, required for international arms deals, allegedly signed by Bhuiyan in his capacity as the Chief of staff|PSO of the Armed Forces Division of the office of the then prime minister of Bangladesh, Khaleda Zia|Begum Khaleda Zia.[23] The certificates had been recovered by the British police, who assisted the CBI in the probe, in raids on Bleach's estate. One of the certificates – issued on November 25, 1995 – authorized Bleach’s front company, Border Technology and Innovations Ltd, to conclude the contract with the Bulgarian suppliers stating that the arms will be used by the Bangladesh Army and will not be exported to any other country. The boxes containing the weapons, found in Purulia, had been marked for Rajendrapur Cantonment in Bangladesh.[24] However, the Government of Bangladesh as well as Bhuiyan has denied such allegations and maintain that the certificates were forged by Bleach's contacts in Bangladesh.[25]

References

  1. ^ "Delhi okayed Purulia arms drop: Davy" The Times Of India 29 April 2011 
  2. ^ "Alleged gun runner's conspiracy claims" BBC Online July 23, 1998 retrieved 13 March 2013 
  3. ^ Apr 28, 2011, 01.22pm IST (1995-12-18) "Purulia Expose: India's best kept secret" The Times of India retrieved 2013-03-13 
  4. ^ "Purulia arms case: Kim Davy is a terrorist, we will get him extradited, says CBI" The Economic Times 30 April 2011 retrieved 13 March 2013 
  5. ^ "June 1997 Judgment" archived from the original on 29 April 2011 retrieved 29 April 2011 
  6. ^ The Day it Rained Arms in India, Chapter 2 of The Arms Fixers: Controlling the Brokers and Shipping Agents
  7. ^ "Danish court decision on Kim Davy can encourage terrorists: India" The Times Of India 8 July 2011 
  8. ^ Mohan, Vishwa; Subodh Ghildiyal (8 October 2008) "Purulia arms case: Govt agrees to waive death penalty" Indiatimes (New Delhi) retrieved 8 March 2011 
  9. ^ "India knew about Purulia arms drop: Accused" Indiatimes (New Delhi) 31 May 2010 retrieved 28 April 2011 
  10. ^ "Purulia Exposé: India's best kept secret" Indiatimes (New Delhi) 28 Apr 2011 retrieved 28 April 2011 
  11. ^ http://www.indianexpress.com/news/Purulia-arms-drop-was-RAW-op-to-destabilise-Left-govt--say-accused/783288/  Missing or empty |title= (help)
  12. ^ [1][dead link]
  13. ^ [2][dead link]
  14. ^ "No evidence against politicians in Purulia arms drop case – PTI" Moneycontrol.com 2011-04-29 retrieved 2013-03-13 
  15. ^ "Purulia was RAW-MI5 operation to overthrow Basu: Bleach, Davy" The Times Of India 
  16. ^ "Cong tars BJP, Left with same brush, IBN Live News" Ibnlive.in.com 2011-04-29 retrieved 2013-03-13 
  17. ^ "Kim Davy interview at Timesnow" 
  18. ^ "Peter Bleach, J. K. Dutt and Kim Davy interview-part II at Timesnow" 
  19. ^ "Peter Bleach, J. K. Dutt and Kim Davy interview-part III at Timesnow" 
  20. ^ Kumar, Vinay (30 June 2011) "Danish court says Davy cannot be extradited to India" The Hindu (Chennai, India) 
  21. ^ Roy, Anirban (15 December 2012) "Purulia armsdrop man to ‘grace’ Vijay Diwas event!" The Bengal Post 
  22. ^ "Armsdrop story returns to haunt AL MP" bdnews24.com 15 December 2012 
  23. ^ "B’ desh involved in Purulia arms dropping case: Report" Zee News 30 December 2009 
  24. ^ Sharan, Abhishek (December 30, 2009) "Bangladesh linked to arms drop in Purulia" Hindustan Times retrieved 15 December 2012 
  25. ^ "'Bangladesh had no link'" The Daily Star May 5, 2011 retrieved 15 December 2012