In a pre-trial detention order (Detention Order PDF, pg. 33-40). on 23rd January, 2008, the central court of Spain detained Roshan Jamal Khan on the following grounds (pg. 38) :
a) To ensure his presence during the process of investigation as the risk of flight is rationally inferred;
b) To prevent the concealment, alteration or destruction of sources of relevant evidence for the prosecution;
c) To prevent the risk of the accused committing other criminal acts.
The order further states that in assessing these criteria for detention, the credentials of the accused and his family background has to be taken into consideration.
It can be safely asserted that the above three criteria are not applicable to Roshan Jamal Khan for the following reasons :
a) i. As the 3 month Schengen Visa of Roshan Jamal Khan expired on 1-12-07 before he could complete his work, he applied for extension of it with the concerned authorities to extend his stay in Spain. He had also visited Spain in the year 2005.
ii. He was staying with his brother-in-law, Mr. Amanullah Khan, who is living in Spain since the past 7 years.
iii. The Spanish authorities can impound his passport (which it has not done so far) and he would be happy to stay in Spain as a free man during the process of the investigations.
Considering the above, it can be safely argued that the risk of flight is eliminated.
b) i. The mosque is a public prayer place. Just the mere presence of Roshan Jamal Khan during the raid on the mosque when terror suspects were arrested cannot, by any rationale, associate him with terror organizations.
ii. No explosive material was found on Roshan Jamal Khan or at the place of his residence. Illegal materials found in public places cannot be attributed to any person present at the time of their discovery.
iii. The general charge of being in possession of explosives and associating with terror organizations is simply not sustainable.
In light of the above facts, the fear of destruction of evidence seems farfetched.
c) i. Roshan Jamal Khan is an alumnus of the prestigious St. Xavier’s College, Mumbai. The American Embassy in Kuwait appreciated his work while he was a tour officer in Boodai Aviations, Kuwait.
ii. He was born and brought up in one of the most cosmopolitan areas of Mumbai. His father owns a milk dairy, which was established 5 decades ago, in the same area. (Hindustan Times)
iii. Roshan Jamal Khan has no criminal past. After his arrest in Spain, the top, two investigative agencies of the Government of India, viz. Central Bureau of Investigation & Anti-Terrorism Squad, investigated his credentials right from his college days till his travel to Spain. When these agencies did not find anything incriminatory against him, the Government of India cleared his name (Indian Express).
Considering the clean credentials of Roshan Jamal Khan, the apprehension that he may commit other criminal acts is unreasonable.
Despite this the Spanish Government claims that he is associated with terror activities without producing a grain of evidence.
He was kept in custody for 5 months before being presented in the National Court in Madrid. Although, the august court recorded his statement, no charges were leveled against him by the prosecution.
It is feared that Roshan Jamal Khan will be implicated in false cases as his signatures have been taken on several Spanish documents, the contents of which he does not understand. Besides, he has also been given lawyers with whom he cannot communicate.
He is being kept in solitary confinement for nearly a year. The trial of his unspecified crime has still not started. This is a blatant violation of human rights.
No amount of pleading with the Spanish authorities has helped. Roshan Jamal Khan went to Spain for importing olive oil. But, the authorities in Spain converted the symbolic peace plant into an icon of terror.
The administration of justice is the firmest pillar of God
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a) To ensure his presence during the process of investigation as the risk of flight is rationally inferred;
b) To prevent the concealment, alteration or destruction of sources of relevant evidence for the prosecution;
c) To prevent the risk of the accused committing other criminal acts.
The order further states that in assessing these criteria for detention, the credentials of the accused and his family background has to be taken into consideration.
It can be safely asserted that the above three criteria are not applicable to Roshan Jamal Khan for the following reasons :
a) i. As the 3 month Schengen Visa of Roshan Jamal Khan expired on 1-12-07 before he could complete his work, he applied for extension of it with the concerned authorities to extend his stay in Spain. He had also visited Spain in the year 2005.
ii. He was staying with his brother-in-law, Mr. Amanullah Khan, who is living in Spain since the past 7 years.
iii. The Spanish authorities can impound his passport (which it has not done so far) and he would be happy to stay in Spain as a free man during the process of the investigations.
Considering the above, it can be safely argued that the risk of flight is eliminated.
b) i. The mosque is a public prayer place. Just the mere presence of Roshan Jamal Khan during the raid on the mosque when terror suspects were arrested cannot, by any rationale, associate him with terror organizations.
ii. No explosive material was found on Roshan Jamal Khan or at the place of his residence. Illegal materials found in public places cannot be attributed to any person present at the time of their discovery.
iii. The general charge of being in possession of explosives and associating with terror organizations is simply not sustainable.
In light of the above facts, the fear of destruction of evidence seems farfetched.
c) i. Roshan Jamal Khan is an alumnus of the prestigious St. Xavier’s College, Mumbai. The American Embassy in Kuwait appreciated his work while he was a tour officer in Boodai Aviations, Kuwait.
ii. He was born and brought up in one of the most cosmopolitan areas of Mumbai. His father owns a milk dairy, which was established 5 decades ago, in the same area. (Hindustan Times)
iii. Roshan Jamal Khan has no criminal past. After his arrest in Spain, the top, two investigative agencies of the Government of India, viz. Central Bureau of Investigation & Anti-Terrorism Squad, investigated his credentials right from his college days till his travel to Spain. When these agencies did not find anything incriminatory against him, the Government of India cleared his name (Indian Express).
Considering the clean credentials of Roshan Jamal Khan, the apprehension that he may commit other criminal acts is unreasonable.
Despite this the Spanish Government claims that he is associated with terror activities without producing a grain of evidence.
He was kept in custody for 5 months before being presented in the National Court in Madrid. Although, the august court recorded his statement, no charges were leveled against him by the prosecution.
It is feared that Roshan Jamal Khan will be implicated in false cases as his signatures have been taken on several Spanish documents, the contents of which he does not understand. Besides, he has also been given lawyers with whom he cannot communicate.
He is being kept in solitary confinement for nearly a year. The trial of his unspecified crime has still not started. This is a blatant violation of human rights.
No amount of pleading with the Spanish authorities has helped. Roshan Jamal Khan went to Spain for importing olive oil. But, the authorities in Spain converted the symbolic peace plant into an icon of terror.
The administration of justice is the firmest pillar of God
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