To.

The Organizations (Political Parties), Human Rights groups, NGOs, Media persons and persons who are against Burma Military Government including the People of India .

Dear Sir, Madam, friends, Brothers and Sisters,

Warmly greeting and best wishes to all of you from under illegal detention, at Port Blair, Andaman Islands. We are safe and sound from Tsunami and fine but.....

Please read this truth incident completely and compare with the First Information Report (FIR) and Charge-sheet and read "Pride and Satisfaction , Controversy and Co-ordination" , "Denial" , "Controversy between the CBI and Indian Armed Forces" , "Operation Leech and then Prime minister Atal Bihari Vajpayee, then Defence Minister George Fernandes and Sacking of then Navy Chief Admiral Vishnu Bhagwat" and "How badly treated on us" and "Reason for transferring" . You will exactly know how the Authorities of India, including the CBI are supporting the murderers, Lt-Col.Grewal and his accomplices .

It is not novel. It is a truth incident which based on my personal experience . I take an oath and swear by my faith that my this Statement and Affidavit is complete truth .

My Statement and Affidavit

Background History : ( Before Operation Leech and it is why we came to the Landfall Island )

IN 1993 :

Saw Tun first approached to the Assistant High Commission of India in Chittagong and meet with the First Secretary who advised him to contact RAW in New Delhi . He went New Delhi and met with RAW- DG and his Deputy, Rahul in New Delhi. And Mr. Saw Tun became a trust person of RAW . Then General Khaing Raza was invited to New Delhi . He visited to New Delhi and met with RAW- DG . It is the first meeting of Arakan Army High Command with India higher rank authority in New Delhi .

IN 1995 :

In February, the first National United Party of Arakan (NUPA) delegation visited New Delhi and in the first week March, our leader forwarded to proposed letters --one for recognition and shelter of our organization within Indian territory and another for Karen National Liberation Army (KNLA) --AA Joint Operation Plan into Delta region and Arakan, in which a small island in Andaman Islands for transit base was demanded . In the plan, the KNLA will penetrate into the Delta region and AA into Arakan . Regarding this proposal, we were referred to the Defence .

In October our leaders met Major. Arghija, the MI in charge at Parva camp . Series of meetings were held between he and our leaders headed by General. Khaing Raza as AA - Chief till December regarding the proposed plan .

IN 1996 :

In January Major. Arshija forwarded all details to his superiors in New Delhi and In February to the Naval Authority in Calcutta . He replied green signal to our leaders in GHQ . Accordingly, the plan reached up to C -in -C level in New Delhi base .

On October 6 and 7, the Defence Secretary Mr. Sharma and Lt-Col.Grewal, MI official from New Delhi, came to our GHQ, met our President and other leaders and talked about cooperation program . When they returned to New Delhi, they met Saw Tun and Lt-Col.Grewal undertook dealing with him and proceeding for the project .

In first week of November, Saw Tun reported to the President and AA -Chief on the selection site of the Indian Defence Authority concerned at the west of Long Island for transit base .

IN 1997 :

On February 13, Saw Tun was assigned as incharge of off-shore island and representative to liaison with Indian Defence Authority . In March, he asked Rs.5 lacs for the project . Our authority concerned in Chittagong sent what he informed for construction of a small jetty, three barracks and a store godown . In May second week, AA-Chief, General Khaing Raza visited to New Delhi, stayed 3 days, met Lt-Col.Grewal and other senior military officials and returned Bangkok . Immediately he sent US$.20000/- to Saw Tun in New Delhi and the messenger brought back code name, cipher and pass-ward to Bangkok . In may third week, Lt-Col.Grewal came to Bangkok and met with General Khaing Raza . The transit camp site was changed . The photos of Landfall Island were given to General. Khaing Raza instead of Long Island . May 21 was the target date of W/T contact between the expedition and the receptionists, Lt-Col.Grewal and Saw Tun from the Island . The small land was chosen.

PROGRAMME :

On May 18, Lt-Col.Grewal and Saw Tun will move to Calcutta ; On 20, to the Landfall Island : and some senior rank military authorities of Indian Defence will join the reception party to our men ; exchange of friendship and conversation; our men will take one week rest with full raction supply by the Indian Army . But cyclone hit the Andaman Islands on that day and the program had to be stopped and informed to Lt-Col Grewal and Saw Tun cancellation of the trip .

In May third week, Lt-Col.Grewal visited to Bangkok, met General.Khaing Raza and alongwith General.Khaing Raza, he met some leaders of KNU, KNPP, and KIO . He returned to New Delhi in last week May .

In June, he went to Burma by air and said checking the drug trafficking route from Golden Triangle to Tamu - Impha road ; arms -smugglers use this route for N-E .

IN 1998 : ( Operation Leech )

In January,1998, Lt-Col.Grewal of Indian Military Intlligence (MI) and Saw Tun of member of CEC of National United Party of Arakan (NUPA) came together to Bangkok from India by air and met and discussed with our General Secretary of NUPA and General.Khaing Raza of Arakan Army (AA) in Chief, at our office,Bangkok and prepared for the expedition with them to Landfall Island by sea .

In January 1998, Maj.Soe Naing was called by General. Khaing Raza to his office, at Bangkok. Maj.Soe Naing went to his office from the sea where we were in front line . When he met with General.Khaing Raza, at Bangkok, General.Khaing Raza gave him a map of Andaman & Nicobar Islands which drewn by Indian Intelligence and Army and used in Indian Army and Military Intelligence . In accordance with Lt-Col.Grewal's wish, instruction, General.Khaing Raza ordered Maj.Soe Naing to take and send "the photographs of our team who are taking on duty in the sea, the photographs of engines of our speed boats, the photographs of weapons which we are using for military operation in the sea, the photographs of materials which are shifted to our Headquarters and video record how we took military operation in the sea and the list of our men who go to Landfall Island with us" to him .

Maj.Soe Naing returned to front line in the sea from Bangkok . When he arrived, he explained General.Khaing Raza's order and gave a map of Andaman & Nicobar Islands to us . We collected photographs, video records and list of our men and sent it to General.Khaing Raza . He handed over it to Lt-Col.Grewal . And then Lt-Col.Grewal and Saw Tun returned together to India by air .

In the last week of January 1998, one staff of NUPA, at our office, Bangkok was dispatched to New Delhi and offered US$.10000/- to Saw Tun for Lt-Col.Grewal .

It was a fine day in the evening on 6-2-1998, our leader, General.Khaing Raza reached to our place, front line in the sea from Bangkok at about 4:00pm without informing to us . In our speed boat he said,"we have been allowed to set up a camp at the Landfall Island by the Government of India( GOI ); we must reach there before on 11-2-1998 ;GOI had promised to help our revolution by allowing us to use Landfall Island to set up our camp ; to send our materials to Landfall Island is our responsible and GOI will take responsibility Landfall Island to our Headquarters" . We arranged our requirement for our journey to go to Landfall Island . Our comrades in battle who set up camp at Thai - Burma border and took part in joint military operation with KNU against Burma Military Government reached to our place in the sea at about 3:00pm on 8-2-1998 . General.Khaing Raza told that we were trained higher military training by India Army, Navy so our comrades are shifted to Landfall Isalnd from Thai -Burma border .

We, 27 Arakan and 13 Karen, including General Khaing Raza started our journey with two speed boats and a trawler to the Landfall Island at mid-night about 01:00am on 8 - 2 -1998 . At noon about 12:30pm, we found another trawler on our course . They were fishing in our water without our licence so we arrested that trawler and called together to the Landfall Island because we had no time and must reach there before on 11-2-1998 .

On 9-2-1998 we reached to the Narcondum Island at about 6:00pm and when General.Khaing Raza communicated to Lt-Col.Grewal and Saw Tun through VHF wireless radio, Lt-Col.Grewal said,"you sleep there a night and come to Landfall Island tomorrow in the morning and you can put on your uniform but don't hold, carry any weapon at the Landfall Island". We were strictly instructed, ordered by General.Khaing Raza not to hold, carry any weapon at the Landfall Island and we anchored near the south part of Narcondum Island and slept a night on our speed boats and trawlers .

On 10-2-1998, at about 05:00am General.Khaing Raza, Maj.Thein Kyaw Aung, PhodoMuu Lway, Capt.Myint Shwe and some privates of KNU started to Landfall Island by a speed boat. After about half an hour, we, the rest of persons also slowly start to Landfall Island . The first group leaded by General.Khaing Raza had reached to the Landfall Island at about 1:00pm . When they landed to Landfall Island, they were warmly welcome by Lt-Col.Grewal, Saw Tun, Ran Naing(Saw Tun's assistance), a colonel of Indian Army who is a Punjabi and along with other around 20 of Indian army soldiers . They shaked hands and embranced each other . General.Khaing Raza informed to us through VHF wireless radio that I have met with reception group, leaded by Lt-Col.Grewal at Landfall Island . Lt-Col.Grewal, Saw Tun and Ran Naing came together to Port Blair from mainland by Indian Air Force plane and then Port Blair to Landfall Island by Indian Navy Ship . ( we were really happy very much at that time . we believe that if Government of India helps our revolution, we will achieve, reach our goal in revolution with very fast and we have got knowledge why Bangladesh achieved their independence within 11 months.) We also reached to the Landfall Island at about 3:00pm and have been communicating to our member who based in Thailand via VHF wireless radio till around 3:00pm . We anchored the trawlers nearby place of Landfall Island . Lt-Col.Grewal and General Khaing Raza came to trawler by our speed boat and Lt-Col.Grewal took lunch on the trawler . I prepared food for him and then both General.Khaing Raza and Lt-Col.Grewal went to another trawler and General.Khaing Raza introduced Dynyalum of member of CEC to Lt-Col.Grewal and General.Khaing Raza told Dynyalum to present his 38mm revolver to Lt-Col.Grewal . Dynyalum gave his 38mm revolver to Lt-Col.Grewal as present . He had met Lt-Col.Grewal before at Bangkok in 1997. And then Lt-Col.Grewal and General.Khaing Raza returned to Landfall Island . General.Khaing Raza ordered us to shift all materials to Landfall Island from trawlers and speed boats in accordance with Lt-Col.Grewal's instruction . We shifted all materials to Landfall Island and put them in lines on the beach to see Central Senior Leader of India . While we were shifting our materials, an Indian soldier also helped by carrying our materials on his sholder to Landfall Island . Lt-Col.Grewal, an Indian Colonel Punjabi, General.Khaing Raza and some of our leaders took dinner together at the Landfall Island peacefully, happily . While they were having dinner, Lt-Col.Grewal said,"everything is ok ; don't worry ; we are good friends and brothers ; central senior leaders will come tomorrow in the morning by helicopter and will inspect, direct all of you what they require ; when they return to New Delhi, 6 representatives of Arakan and 4 representatives of KNU will be called together with them to New Delhi and will discuss in detail there and the Government of India will provide US$.50000/- as a first steep of help for Arakan revolution and the Government of India will pay all of your expenditure back". Before dinner Lt-Col.Grewal took 2 bottles of Indian Army rum and compelled and pressurized General.Khaing Raza into drinking liquor . General.Khaing Raza never drank liquor after he had joined as a freedom-fighter . At last he had to drink liquor as less as he could because he was unable to avoid . At about 10:00pm, Lt-Col.Grewal, Indian colonel Punjabi, General.Khaing Raza and Phodo Muu Lway slept together on a ground-sheet (tarpaulin) . Some Indian army soldiers also slept nearby behind the bushes and most of our comrades slept at Landfall Island . The fishermen slept on the trawlers. There was no problem at that night on 10-2-1998 .

On 11-2-1998, I saw that Lt-Col.Grewal got up early in the morning at about 04:00am and was walking near the beach . While we were cooking our food, Lt-Col.Grewal told that no need to cook for your food and the breakfast will be fed from Indian Navy Ship and took together happily in this Island . At about 7:00am, Lt-Col.Grewal said,"Indian Navy Ships will come ; some central senior leaders will come by helicopter ; don't worry I am here ; everything is ok and achieve everything ; our plan has finished". We distributed Pepsi, Marinda cans and red scarfs to Indian soldiers and about 5 , 6 persons of our members landed to the Island who were sleeping on the trawlers and speed boats . At bout 08:00am, we saw an Indian Navy ship standing by at the north of the Island and another one Navy ship was south of the Island . Lt-Col.Grewal pointed his finger to the north Navy Ship and said,"Navy ship is coming ; don't worry". And then Lt-Col.Grewal told 2 , 3 times through wireless radio in Hindi Language . And they ferried 4 , 5 times around 40 of Indian soldiers to Landfall Island from north Navy Ship . Before they went to ferry the Indian soldiers, Lt-Col.Grewal said,"they will go to Navy ship to carry the food for your breakfast". But, they ferried only around 40 of Indian soldiers, not food . At about 09:00am, Lt-Col.Grewal said,"it is time to arrive the central senior leaders so we have to go to helicopter landing point (helipad) to welcome, receive central senior leaders". And then Lt-Col.Grewal called five of our leaders, (1)General.Khaing Raza (2)Saw Tun (3)Ran Naing (4)Lin San Khaing (5)Phodo Muu Lway . These five of our leaders went with Lt-Col.Grewal together to helicopter landing point (helipad) to welcome central senior leaders and six of Indian soldiers who were all armed, a person carried AK-47 and other 5 persons carried G.1 rifle followed with them as security . Just before General.Khaing Raza went to helicopter landing point, he gave his briefcase to Maj.Soe Naing . I saw them going with Lt-Col.Grewal towards the helicopter landing point (helipad) . That was the last time I saw five of our leaders of Arakan and Karen . After 4, 5 minutes, we could not see them among the bushes. In the meanwhile, an Indian Colonal Punjabi, in civilian black clothes came in front of us and asked,"who can speak in English ?" I stood up and said,"I can speak in English but not very well". And then he said,"we are brothers, friends ; no need to worry I help you". At that time, we were all sitting in lines on the beach to salute both of Indian senior leaders and our leaders when they reached in front of us from helicopter landing point . And then Indian Colonel Punjabi told us to put up our hands that we were surprised so, I stood and asked,"why ? sir" and I said," please just wait sir ; we have to take order from our leaders". Indian Colonel Punjabi told that you don't understand what we had made discussion with your leaders". and said again,"don't worry ; put up your hands". We unavoidably put up our hands and Indian Punjabi Colonel took photographs our hands up position with his camera and ordered his soldiers to handcuff and blindfold us . At that time, we have been surrounded by the Indian soldiers who were all armed with ready position . We had nothing weapons in our hands like a needle because our leaders, General.Khaing Raza strictly ordered us not to hold, carry any weapon at the Landfall Island in accordance with Lt-Col.Grewal's instruction . Just before while we were being handcuffed and blindfolded, we heard at least 30 rounds of firing from the direction of helicopter landing point (helipad) . When we heard firing, Capt.Myint Shwe of KNU who is sitting right behind me, asked me," what happen ?" and I saw him, he was blindfolded and his hands tied behind his back . That was the last time I saw Capt.Myint Shwe . (Note: Capt.Myint shwe was shot dead in cool blood by the Indian Armed Forces during the Operation Leech at the Landfall Island on 11st February 1998.).

And then I was blinfolded and my hands tied my back by same soldier after Capt.Myint Shwe . And then Indian soldiers took off our uniforms except under-wear and pushed, kicked to lay down on the gruond and they took our watches, radio, like bandits . While we were lying on the ground, we heard again 2 rounds of sound of gun shot nearby . ( Note : I strongly presume that the last 2 rounds of firing was that shot dead Capt.Myint Shwe in cool blood.) . And then they loudly shouted together at the same time . I thought it was that they celebrated as a victory . Helicopter flew two times above us . After about 30 , 40 minutes, we were ferried to the Indian Navy ship by small speed boats . When we were on the Indian Navy ship, we were beaten, kicked again and again and suffered our sole like burn because of hot deck under the sun . And then Indian Navy ship started at about mid-day . Some Indian Soldiers asked me on the Indian Navy Ship,"are you armed/drug-smugglers?" ( Note :Lt-Col.Grewal and his accomplices propagated on us as armed/drug-smuglers among their soldiers.). After I had explained our situation, I was beaten less but some Indian soldiers kicked . We were a night on the Indian Navy Ship without dress (except under-wear) and suffering the whole night from cold and painful for very tight tied .

On 12-2-1998, at about 2:00pm, we reached a Port . I asked Port of the name to a soldier but I was beaten . (Note : later on we came to know that Port was Port Blair.). And we were taken to three storey buildings by army car . And then Lt-Col.Grewal came there and removed, untied our blindfold and handcuff . At that time we met Lt-Col.Grewal once again there . At that time we came to know that it was about 4:00pm and a three storey building in Army compound . Lt-Col.Grewal told me to call six leaders of Arakan and four leaders of Karen . At that time, I searched for our leaders . I didn't find them . I told Lt-Col.Grewal that our leaders were not here . Lt-Col.Grewa told me to go to another building . I went to another building with 3 of Indian soldiers to call our leaders . But, I didn't find out our leaders there also so, I called my seniors and back together to the first building . At that time, we exactly came to know that six of our leaders were missing and we asked Lt-Col.Grewal,"where is our leaders?" and we want to meet with them". Lt-Col.Grewal said,"you cann't meet and no need to meet your leaders and don't try to meet your leaders ; I have punished them ; I give you back your a speed boat , a trawler , some materials and I accompany to the boundry of Indian water ; don't worry I help all of you ; you are innocent ; I have punished your guilty leaders who disturb your revolution ; I take these 10 persons to New Delhi tomorrow and some of Indian senior leaders will meet and interrogate all of you in New Delhi ; don't worry you regard me as your father". Lt-Col.Grewal told us that he had punished six of our leaders and he said,"your leaders involved in armed/drug-smuggling". We told Lt-Col.Grewal that his accusations were wrong and not truth . He show us some photographs which were given from our leaders to him when he visited with Saw Tun to our office, at Bangkok in January 1998 and he said,"I inquired and got these photographs". And then Lt-Col.Grewal compelled and pressured Maj.Soe Naing to tell before other persons that we are innocent and they have punished our guilty leaders". He recorded it with a small recorder . And Lt-Col.Grewal called Maj.Soe Naing and asked where Khaing Raza hided US dollar . And we, 10 persons were separated from other men and sent us to another room at the same building . And we were taken medical ckeck-up .

( I WANT TO POINT OUT HERE )

( When five of our leaders (1)General.Khaing Raza (2) Saw Tun (3) Ran Naing (4) Lin San Khaing (5)Phodo Muu Lway went with Lt-Col.Grewal to helicopter landing point to welcome the Indian Central Leaders, we were sitting in lines on the beach including Capt.Myint Shwe sitting right behind me . When we heard firing from the direction of helicopter landing point, Capt.Myint Shwe asked me,"what happen?" and I saw him that he was blindfolded and his hands tied behind his back by an Indian soldier and I was blindfolded and my hands tied behind my back by same soldier after Capt.Myint Shwe . When our blindfold and handcuff were removed at three storey building, we met Lt-Col.Grewal there and we came to know that five of our leaders who went with Lt-Col.Grewal to helicopter landing point and Capt.Myint Shwe who was sitting right behind me were missing . We, all persons who were sitting in lines on the beach are being alive till date except Capt.Myint Shwe . We can exactly, absolutely say and confirm that six of our leaders including Capt.Myint Shwe were shot dead in cool blood during the Operation Leech at Landfall Island by the Indian Army, Navy, Air Forcr, Coast Guard . And R.S.Dhankar's First Information Report (FIR) and the CBI's Charge-sheet are a complete fabrication and their accusations are totally wrong and not truth.)

.................................

On 13-2-1998, at about 6:00am, 2 , 3 of Indian soldiers brought 10 numbers of our uniforms back and give us to wear . We, 10 persons wore our uniforms without slippers, boots .( Note :that was their plan to impersonate us with Indian soldiers for not to identify us.) About 10:00am, we,10 persons were taken to an Air Port by army car .( Note : later on we came to know that was Port Blair Air Port.) At about 12:15pm, we, 10 persons were taken to New Delhi by Indian Air Force plane under army guard . In the aeroplane I saw Lt-Col.Grewal (who acompanied us) wearing our leader General.Khaing Raza's Buddha's statute like a locket around his neck and carrying his brief-case and he was also wearing a new US Air Force field jacket which belonged to Maj.Thein Kyaw Aung . I know this because when Maj.Soe Naing returned from Bangkok, he bought it and I had seen Maj.Soe Naing gave Maj.Thein Kyaw Aung the jacket in the speed boat and I had also tried it on.) The plane landed an Air Port as half journey and flew to New Delhi after fueling . After the plane had landed an Air Port, at New Delhi, we,10 persons were taken to Military Intelligence office by army car under army guard . At about 9:00pm, we arrived MI office, they took photographs, our biography, medical chech-up and we were locked up in the prison cell separately at MI office under army guard . And we were interrogated by another officers within on 14-2-1998 to 17-2-1998 at that MI office but they didn't identify who they were . Lt-Col.Grewal treatened on us not ot tell the truth if another department took interrogation . But, We explained them our truth incident . Some interrogaters can speak in Burmese fleuntly . No one identified who they were when we asked them . While a man, wearing Punjabi turban and another one were investigating Maj.Soe Naing, a small tape recorder was found under the table so Punjabi officer was very angry and argued with Lt-Col.Grewal and punched onto the table .

On 16-2-1998, at about 4:00pm, Lt-Col.Grewal came to us and said,"don't worry ; I help all of you ; I give you back two trawlers and some materials ; I confiscate two speed boats which belong to your leaders ; don't try and no need to meet your leaders and I have punished them ; I accompany all of you to the boundry of International water ; you have to returned to the rest of your comrades tomorrow ; I don't accompany you in this time and I will come the place where your are after two weeks". That was the last time I saw Lt-Col.Grewal .

On 18-2-1998, at about 5:00am, we were taken by Indian Air Force plane and landed an Air Port and then we were taken by two helicopters to Campbell Bay, Nicobar Island . We reach to the Campbell Bay at about 4:00pm and were taken to the place of Army compound by army car . We met the rest of our comrades there except Maung Naing . They gave us some old civilan dresses and took our uniforms back at once .

( I WANT TO POINT OUT HERE )

( On 13-2-1998, when we,10 persons were taken to New Delhi from Port Blair by Indian Air Force plane, the rest of our comrades were at three storey building in Army compound, at Port Blair, Andaman Island . But on 15-2-1998, at about 6:00pm, the rest of our comrades except Maung Naing were secretly taken to a Navy harbour by army car and unnecessarily shifted them to Campbell Bay, Nicobar Island by Indian Navy ship . ( It was that Indian Armed Forces and MI secretly, underground plotted to hand over us to Burma Military Government irrespective of Indian Law and Constitution . Fortunately, the news of our case leaked among the news media so their sly plan failed . That was first time that they plotted to hand over us to Burma Military Government and their sly plan was indirect means to kill us because we were excuted, killed if we were handed over to Burma Military Government.) On 14-2-1998, Maung Naing was admitted to Army Hospital, at Port Blair for suffering pain from his inside of ribcage . Because Maung Naing was beaten up with barrel of gun to his side of ribcage first and when he falled down, he was kicked at the same place of ribcage with jungle boot by an Indian soldier. For that he was taken medical operation there.)

...........................

After 4 , 5 day, we had arrived from New Delhi, a Punjabi man who investigated us and argued with Lt-Col.Grewal for finding small tape recorder under the table at MI office New Delhi arrived to our place, at Campbell Bay and called Maj.Soe Naing and said,"your empty video camera is there ; tell me what you want to say ; I have no time ; I have to return to New Delhi tomorow and don't tell anybody that I come here" and he gave some photographs of Buddha and the Bible .

After 3 , 4 day Punjabi man had returned, the Police, Central Bureau of Investigation (CBI), Intelligence Bureau (IB) and other departments came and investigated us . We explained all of them our truth incident . They investigated many persons of us and took photographs and biography including 37 of fishermen . And our in charge, Maj.Soe Naing was taken together by the CBI to Port Blair by helicopter . Maj.Soe Naing met Maung Naing in Police custody, at Port Blair . He slept a night with Maung Naing in Police custody and he was taken to Landfall Island by ship . ( Note : Maung Naing was handed over toPolice after he was discharged from Hospital, at Port Blair. ) When thay reached to the Landfall Island, the CBI asked Maj.Soe Naing to show "where we were siting in lines , where we put our materials in lines , where our leaders, Lt-Col.Grewal and Indian Colonel Punjabi slept together on a tarpaulin (ground-sheet) , where they were taking dinner and so on". Maj.Soe Naing show all places what they asked . The CBI took photographs, video record all those places and took some sand with blood . After finishing their work, they returned to Port Blair . Maj.Soe Naing was two days in police custody, at Port Blair and he was sent to our place,at Campbell Bay by helicopter .

While we were being at Campbell Bay, they didn't give us anything like gunny bag to sleep. We slept on the concret ground and even they didn't provide sufficent drinking water and food also and we were allowed only 2 toilets for 73 persons including fishermen and only 2 minutes for using toilet with very less water . When we went to toilet, they tied our wist and blindfolded one eye . After the CJM came to us, we have got a little convenience for water and food . And then we were handed over Jail authority who fed us foul fish and not enough food . So, we started our hunger-strike a day. After taking agreement with Dy.Jailor to provide breakfast, suficent food, drinking water, and blankets, we withdrew our hunger-strike . We had got a little more convenience after taking hunger-strike . Our staying condition was very horrible and inhuman .

On 22-3-1998, at about 10:00am, were taken to Port Blair from Campbell Bay by Indian Navy Ship . While we were being on Indian Navy Ship, they fed us as our food after boiling together rice and bean and deliberately mixed raw rice . On 24-3-1998, at about 10:30am, we reached a Port of Port Blair and we were ferried by car to District Jail, at Port Blair . We reached to Ditrict Jail at about 12:30pm . I was sent Block No.2. in the Jail . I met Maung Naing there . At about 2:00pm, Jail Superintendent called and met me at jailor office . I explained him our truth incident and requested him to help us all possible matter but our request in vain .

On 26-3-1998, we appeared before the Chief Judicial Magistrate (CJM) Court and appeared again before the CJM court on 28-5-1998 . At the same date CJM passed order that each of 73 accused persons may find on bail on furnishing bail bond of Rs.10000/- each with two sureties of Rs.5000/- of like amount ( out of which one must be local ) . But, we are not allowed to meet anybody by the authority of India and it is not possible for getting sureties and we had no money for bail bond so, we stayed continued in the Jail .

( The condition of in the Jail )

(1) Jail Authorities propagated very bad news on us like terriorist, bandits,armed/drug-smugglers ...etc (2) We were not allowed to talk anybody and Jail authorities kept pressure the other prisoners not to talk with us including Burmese fishermen . The prisoners were not beaten in front of us . They were beaten other place by jail authorities if they speaked with us .(3) Jail authorities didn't provide sufficent food and water for bathing, toilet .(4) We told to Jail Authorities that we are freedom-fighters fighting against Burma Military Government for Democracy and Human Rights and not criminal persons and requested them to help us all possible matter. But, they ignored all our request .(5) The other prisoners who were murderers got more facilities than us. (6) They didn't give newspaper and magazine also.(7) Jail Authorities didn't allow Human Rights Lawyer to meet with us . (8) We were locked 24 hours in the prison cell except a period of bringing food and not allowed to place our feet on the ground but other criminal prisoners could move in their Block .(9) The living conditions were inhuman and horrible .

............................

On 11-5-1998 and on 13-5-1998, we received following orders and FIR :

ANDAMAN AND NICOBAR ADMINISTRATION

SECRETARIAT

Port Blair, dated the 11st May, 98

ORDER NO: 1470

WHEREAS, it has been brought to my notice that hard intelligence was received that a consignment of arms, ammunition and equipments was being brought by some foreign nationals to Landfall Island under the Union Territory of Andaman and Nicobar Islands with a view to subsequently transhiping them illegally to terrorist militant outfits in India to wage war and/or aiding or abetting to wage war against Union of India;

AND WHEREAS, after receiving above information a joint tri-services operation was launched to apprehended the foreigners alongwith arms, ammunication and equipments;

AND WHEREAS, Shri Thein Oung Gyaw S/O U Kan Gyi alongwith 72 other forign nationals alongwith unauthorised arms, ammunitation and equipments was captured and consequently an First Information Report was lodged by CBI under No. RC. I/S/98-Calcutta, dated 27.2.98 under Section 121/121 A/122/123 and 120B. IPC, Section14 Foreigners Act,1946, Section25/27 Arms Act,1959 and Section5 of Explosive Substances ACT,1908 before the Court of Chief Judicial Magistrate at Port Blair;

AND WHEREAS, the said accused is likely to be released on bail by the Hon'ble Court on his completion of the period of 90 days from the date of his arrest which shall expire on 12.5.1998;

AND WHEREAS, with a view to regulating his continued presence in India pending criminal proceedings and with a view to making subsequent arrangement for his expulsion from India, I, I.P.Gupta, Administrator, Andaman and Nicobar Islands am satisfied that it is necessary to make and order for detention of the said accused under clause (b) of Sub-Section(1) of section 3 of the National Security Act,1980;

NOW THEREFORE, in exercise of the powers conferred on me under clause (b) of Sub-section (1) of Section (3) of the National Security Act,1980 (Act No.65 of 1980), I, I.P.Gupta, Administrator, Andaman and Nicobar Islands having been satisfied that with a view to regulate his continued presence in India pending criminal proceedings against him and further with a view to making subsequent arrangement for his expulsion from India hereby direct that the said accused, be detained under Section 3(1)(b) of the National Security Act, 1980 and kept in the District Jail, Prothrapur, Andaman District .

( I.P.Gupta )

Andaman&Nicobar Islands

(No.5-131/98-Home(Foreign)).

To.

Shri. Thein Oung Gyaw S/O U Kan Gyi

( Through the Superintendent, District Jail, Prothrapur.) the detenue has the right of representation to this Union Territory Administration against thsis detention order .

Copy to:-

1 The District Magistrate, Andaman District, Port Blair.

2.The Inspector General of Police, A&N Island, Port Blair.

3.The Dy.SP(CBI), Quarry Hill, Port Blair.

4.The Fortress Commander, Fortress Headquarters, Port Blair.

5.The Inspector General (Prisons), Port Blair.

6.The Superintendent, District Jail Prothrapur. The repersentation as may be so summitted by the detenue be forwared to the Administration immediately.

( V.K.Malhotra )

Assistant Secretary (Home).

---------------- -----------------------------------------------------------------------

Andaman and Nicobar Administration

Secretariat.

Port Blair, dated the 13rd May,1998.

GROUNDS OF DETENTION OF Shri.Thein Oung Gyaw S/O U Kan Gyi

As First information Report was lodged by the CBI against you and 72 others in Crime No.RC.1/S/98-CAL dated 27.2.1998 under Sections 121/121 A/122/123 and 120B IPC, Section 14 of Foreigners Act, 1946, Section 25/27 Arms Act, 1959 and Section 5 of Explosive Substances Act,1908 before the Court of Chief Judicial magistrate at Port Blair. A copy of FIR is enclosed .

Considering the nature and seriousness of offences with which you are charged and the fact that in the event of your being enlarged on bail your free movement in the sensitive islands of A & N Islands would be highly undesirable, more so when you are a foreigner and A & N Islands are restricted areas under the Foreigners Act,1946 I am of the opinion that with a view to regulating your continued presence in India pending the criminal proceedings and with a view to making subsequent arrangement for your deportation from India you should be under detention in Prothrapur Jail under Section 3(1)(b) of National Security Act,1980.

You are hereby afforded the opportunity of making representation against the order, if so desire, through the Superintendent, District Jail, Prothrapur to the undersigned.

( I.P.Gupta )

Administrator,

Andaman and Nicobar Islands.

------------------------------------------------------------------------------------------------------------

FIRST INFORMATION REPORT (FIR)

( Recorded u/s154 Cr.P.C)

Crime No...RC. 1 / S / 98-Cal...

Office.... U/s.121/ 121A/ 122 /123 & 120B IPC, Section 14 Foreners Act, 1946, Sec.25/27 Arms Act, 1959 and Sec.5 of Explosive Substance Act, 1908.

CONFIDENTAL

The Station House Officer

Central Crime Station

A&N Police

Port Blair.

Sir,

1. Hard Intelligence was received that a consignment of arms, ammunition and equipment was being brought by some foreign nationals to Landfall Island in trawlers/speed boats. They were reported to be of South East Asia origin . Intelligence sources intimated that the purpose of bringing the arms, ammunition, stores and equipments to Landfall Island was to subsequently trans-ship them illegally to terrorists militant outfits in nor eastern states of India via Cox Bazaar in Bangladesh to wage war and or attemping to wage war and or aiding and abetting to wage war against the Govt. of India and conspired illegally to wage war against the lawfully established Govt. in the country .

2. A joint tri-services operation was launched on 09 Feb 98 to apprehend the foreigners alongwith their arms, ammunition and equipments . Goast Guards ship and Police were also used in the operation . The operation progressed successfully and resulted in capture of 73 (seventy three) foreign nationals . The know names and other details of the foreign nationals are at Exhibit-A . Six foreign nationals tried to escape into the adjoining sea while opening fire with their weapons on our troops. Our troops immeditaly responded in self defence and fatally injured six of them whilst in the water . They were seen disappearing in the sea and are presumed dead . After a search none of the six bodies could be recovered .

3. The trawlers and boats which were being used for trans-shipment of the arms, ammunitions and stores were over powered and captured . The arms, ammunition and equipments which were captured in the operation are at exhabit B, C, D respectively .

4. This report may please be registered as an FIR of the incident .

5. Seventy three (73) foreign nationals and equipments are ready for handing over at Campbell Bay . It is requested that the arms, ammunition and equipment be allowed to be retained by the Army/Navy for further intelligence investigation . The same will be produced as and when desired by the Court .

Exclosure: As above

Yours faithfully,

Sd/-

(R.S. Dhankar)

Lieutenant Commander

Deputy Naval Provost Marshal

For Fortress Commander, A&N

Case is entrusted to Dy. Supdt. of Police, C.I.D. for investigation .

Typist, on my direction.

Sd/

(Abdul Salam)

Station House Officer

PS C.C.S. 18/02/98

Consequent upon the orderof the Ministry of Home Affairs. Govt. of India, conveyed under refrence No. U.13024/1/98-ANL. Ministry of Home Affair, Govt. of India dated 24.2.98 and as directed by the Director, C.B.I, this case is being registered in this branch and this case is entrusted to Sri.Joginder Nayak, Dy.S.P. B.B.I, for investigation .

(Loknath Behera, IPS)

Superintendent of Police

CBI:SPE:SCB: Calcutta.

----------------------------------------------------------------

On 23rd June,1998, we received following order :

ANDAMAN AND NICOBAR ADMINISTRATION

SECRETARIAT.

Dated, the 23rd June,1998.

Order No. 2027

WHEREAS, Shri...Thein Oung Gyaw.... S/O U Kan Gyi... alongwith 72 other foreign nationals has been detained vide this Administration's Order No..1470 .. dated 11.05.1998;

AND WHEREAS, the Advisory Board constituted under National Security Act,1980 has summitted its report dated 16.06.1998;

AND WHEREAS, the Advisory Board is of the unanimous opinion that there is sufficient cause for detention of Shri....Thein Oung Gyaw... S/O U Kan Gyi.. in terms of the aforesaid Order dated 11.05.1998 under section 3(1)(b) of the National Security Act,1980;

NOW THEREFORE, in exercise of the powers conferred on me under Section 12(1) read with Section 13 of the National Security Act,1980 (Act No.65 of 1980) I, I.P.Gupta, Administrator, Andaman and Nicobar Islands hereby confirm the detention of Shri...Thein Oung Gyaw..S/o U Kan Gyi .. in the District Jail, Prothrapur, Andaman District for a period of twelve months from the date of detention.

( I.P.Gupta )

Administrator,

Andaman and Nicobar Islands

(F.No.5-131/98(Foreign)

To.

Shri. Thein Oung Gyaw...S/O..U Kan Gyi

(Through the Supdt. District Jail Prothrapur.

Copy to:

1.The District Magistrate, Andaman District, Port Blair.

2.The Inspector of General of Police, A&N Islands, Port Blair.

3.The Superindentent of Police, CBI, Quarry Hill, Port Blair.

4. The Fortress Commander, Fortress Headquarters,A&N Islands, Port Blair.

5.The Superindentent, District Jail, Prothrapur, Port Blair.

( M.Surendra Nath )

Assistant Secretary(Home).

-------------------------------------------------

On 27-8-1998, Henri Tiphagne, a well-known Human Rights Lawyer came to the Jail to meet with us. He was sent by South Asia Human Rights Documentation Center, at New Delhi to meet with us and he had got a legal order from Hon'ble court to meet all of us but Jail authorities disturbed and refused him to allow from meeting all of us . He was allowed about 20 minutes to meet only one of us namely Dynyalum . Human Rights lawyer request Jail suprintendent to call another person . Jail suprintendent didn't call any other person for interview . The jail authority was against even the order of Hon'ble court because the CBI and other authorities pressurized the jail authority to disturb, interfere the Human Rights lawyer . It is violation of our fundamental rights . It was that they infringed and robbed our fundamental rights .

The CBI discovered that 37(35 Burmese and 2 Thai) of 73 persons arrested were fishermen and they were discharged on May 7, 1999 . They were accordingly deported to their country . ( Note: Really, those fishermen are inncent but they are eye witnesses .They know how we came and what happened at Landfall Island regarding our case . But they have deliberately removed the eye witnesses . It is the reason why they removed the eye witness that (1)they want to cover up their crime (stained murder) and heap all the blame on us, (2)they don't want the truth to be revealed regarding our case .)

On 10-5-1999, we received following order :

Andaman and Nicobar Administration

Secretariat.

Port Blair, dated the 10th May, 99.

ORDER NO: 1754

Maximum period of detention i.e. 12 months in respest of Shri. Thein Oung Gyaw S/O U Kan Gyi having expired on 10th May,1999, the detention order made under clause(b) os Sub-Section(1) of Section 3 of National Security Act,1980 vide order No. 1470 dated 11st May, 98 cvases to have any effect on the expiry of 10.5.99, in view of the provisions of Section 13 of the said Act.

The custody or otherwise of the said person will depend on order/orders that may be existing in respect of such person in any other case pending in any criminal Court.

( I.P.Gupta )

Andaman & Nicobar Islands,

( F.No. 5-131/98-Home(PF-V)).

To.

Thein Oung Gyaw S/O U Kan Gyi

(Through the Suprintendent, District Jail, Prothrapur )

ORDER BOOK

Copy to:

1 The District Magistrate, Andaman District, Port Blair.

2.The Inspector General of Police, A&N Island, Port Blair.

3.Shri. J.Nayak, Deputy Superintendent of Police, C.B.I, Quarry Hill, Port Blair.

4.The Fortress Commander, Fortress Headquarters, A&N Islands,Port Blair.

5.The Inspector General (Prisons), A&N Islands,Port Blair.

6.The Superintendent, District Jail, Prothrapur, Port Blair.

7.The asst. Public Prosecutor attached to the Court of Ld. Chief Judicial Magistrate, Port Blair.

( V.K. Malhotra )

Deputy Secretary (Home).

......................................

( Hunger-Strike in Jail )

On 27-5-1999, we discussed to take hunger-strike in the jail because we had not got any facility . We requested Jail authority many times but they ignored our request so on 28-5-1999, we started our hunger-strike at 5:00am . Director of Health Service (DHS) promised us and after taking some agreement with jail authority, we withdrew our hunger-strike at bout 5:00pm on 3-6-1999 . After 7 days taking hunger-strike, we were given two radios, regular newspaper and magazine....etc and food, water, and other condition were also a little more convenience.

.......................

On 1-9-1999, CJM gave an advocate as our lawyer .

On 28-9-1999, advocate Ms.Nandita Haksar came to the jail and met me, Maj.Soe Naing and Maj.Thein Kyaw Aung to sign at application form as our lawyer . We accepted her as our lawyer .

On 29-9-1999, our advocate Ms.Nandita Haksar fought before the CJM court for our released .

On 13-10-1999 we were released on bail, bail bond of Rs.10000/- each without surity . At the same date, on our release on bail we were again arrested by Police at the gate of the jail and lodged at Sainik Vishram Ghar, at Port Blair under the jurisdiction of CCS Police Station till date under CRPF guard . The rearrest and subsequent detention is illegal . The police order is below :

OFFICE OF SUPERINTENDENT OF POLICE

ANDAMAN DISTRATE

Port Blair, dated 13th Oct. 1999

ORDER No.2223.

Whereas Chief Judicial Madistrate, Port Blair has passed an order releasing 36 accused persons (Myanmar Foreigners National) today on bail in case FIR No.50/98 Under Section 121/121A,122,123,120B IPC Section 14 of Foreigners,1946 Section 25/27 Arms Act,1959 and Section 5 of Eplosive substance Act,1908.

I, Ujjwal Mishra as Civil Authority in the A&N Islands to carry out the purpose of the Foreifners Order 1948 by the Chief Commissioner, A&N Islands vide A&N Admn's Notification No.62 of 1948 dated the 29th June, 1948 read with Govt. of India, Ministry of Home Affairs Notification No.9/9/46/ III political (EW) dated the 10th February, 1948 and in exercise of the powers conferred on me as Civil Authority under para 11 of the Foreigners Order 1948 hereby impose following conditions on the movements of 36 above mentioned accused .

CONDITIONS

1. He shall not normally move out of the building complex specified in Schedule 2 . He will be supplied his ration articles, firewood etc. in the premises itself . In case of necessity he may move out with the prior permission of Station House Officer, CCS.

2. He shall not assciate himself with any person or group or persons not duly authorised by the undersigned .

3. He shall present himself at 0800 hrs. and 2100 hrs. daily before the SHO, CCS for recording his presence .

4. He shall not engage himself in any activity prejudicial to the interest and security of India .

ISSUE UNDER MY HAND SEAL .

( UJJWAL MISHRA , IPS )

Suprintendent of Police

Civil Authority.

To.

36 Foreign Nationals involved in

CCS Cr.No.50/98.

Copy to SHO CCS, Port Blair who should serve the order on the addressee and take his signature on the duplicate in token on having received the original order and that he has understood the contents .

SCHEDULE .2

Whereas an order has been received from the Hon'ble Court of the learned Chief Judicial Magistrate discharging 36 detenues and the same are being released on 13-10-1999, it is imperative to house them in a building for purposes of safety, security and well being . In pursuance of the same, the Administration has temporarily allocated SAINIK VISHRAM GHAR to the C.C.S for this purpose .

The aforesaid building complex for purposes of housing 36 foreign national would temporarily function as an extension of the jurisdiction of P.S C.C.S .

( UJJWAL MISHRA , IPS )

Suprintendent of Police C.I.D.

A &N Islands.

.........................................................................

OUR FOOD :

The police joined us with a raction shop . We take ration articles at that ration shop 10 days per time equal value of Rs.45/- of ration articles per day . We prepare food our self . ( Note: we don't suuffice with this Rs.45/- per day for our food because the rate of ration articles are increasing . We requested many times and wrote petitions to the Administration of India to provide us Rs.15/- more but they ignored our request.)

OUR HEALTH :

Some medicine are not available at the Government Hospital . We purchased some medicine outside from medical store . Really, it is not possible for us to suffice worth of Rs.45/- per day .

EDUCATION :

They do not allow us to study even our education like Computer, English so our future is at stake .

...........................

In October 1999, just after our release on bail we were going to be deported but the Indian Human Rights Commission stopped it so we are still alive . It was the second time they were trying to hand over us to Burma Military Government . It was their sly plan and indirect means to kill us because if we are deported, we will be executed by the Burma Military Government .

On 15-11-1999, our advocate Ms.Nandita Haksar came to Port Blair to appear before the court with another advocate, Ms.Vrinda Grover from New Delhi and she took a local advocate, T.Vasanda . Ms.Nandita Haksar, Ms.Vrinda Grover and Ms.T.Vasanda are our advocates .

In April 2001, the CJM allowed five of us to go to New Delhi to seek protestion of UNHCR to save our lives but the CBI stayed the CJM's order at the Session Court .

On 2-7-2001, the two members of Association for Protection of Democratic Rights (APDR) came to Port Blair to meet with us but they were not allowed to meet with us by Chief Secretary of Administration and S.P of Police, Civil Authority . The authorities of India did not allow even the Human Rights groups from meeting us . For that reason, we feel insecure . We have rights to seek protection of our lives gauranteed by Constitution of India . Their press release is below :

APDR Eternal Vigilance is the Price of Liberty

ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS

18, Madan Baral Line, Calcutta - 700012 Phone :(033) 237-6459

Dated 4th July, 2001.

PRESS RELEASE

To.

The Chief Editor

Andaman Today

We the undersigned, members-secretariat of the above organisation, a civil and human rights body, bases in West Bangal, have visited Andaman Islands to enquire into the latest position of the detained 36 Burmese under trails, who had been detained since February, 1998.

We has made Mr.M.K. Agrawal, the S.P of Andaman & Nicobar Police and Mr. Balbir Singh, the Chief Secretary in connection with the above issue .

We are surprised to know that while the Central Govt. is now advocating for citizen's right to information bill is on the anvil in the parliament, the local administration refused to divulge any information regarding the safety, well-being and status of these 36 detainees, details of case pending against them, and even refused to allow us to meet them . We failed to understand how furnishing technical and officials details about them could cause any prejudice or threat to the security of India .

APDR express its strong displeasure and concern over such bureaucratic and arbritary attitude of the local administration, and is compelled to inform this attitude to the Central Govt.

1. Shri Sujato Bhadra

2. Shri Bhaskar Sen

APDR

Camp : Port Blair .

...................

Please read the local newspaper below :

ANDAMAN TODAY ( Vol -13 , 15th July 2001 )

APDR members were not allowed to meet 36 detained Burmese Shri Sujato Bhadra & Bhaskar Sen members Secretariat of the Association for Protection of Democratic Rights civil and human rights body , bases in West Bengal , have visited Andaman Islands to enquire into the latest position of the detained 36 Burmese under trials, who had been detained since February, 1998 .

About the Association : -

.............................................

On 10-7-2002, the two members of us went missing . We don't get any information till date . According to police officers, they secretly took a small speed boat at Mariner Park at night and went to Havelock Island . In the rainy season of July it is not possible to cross the sea with small speed boat and the sea is very rough so we presume them dead . It is Government of India's responsibility .

On 1-12-2003, our advocate, T.Vasanda was murdered mercilessly in her residence at Phonix Bay Port Blair in broad daylight . And on 6-12-2003, Dy.SP of Police, Station House Officer, two Inspectors and about over ten persons of police rummaged in all part of our building and belongings like bags, books, files, boxes, drawer, briefcases, wallet,.....etc . And Police asked many questions us about our advocate's murder . They looked at us with a suspicious glance . Please read the local newspaper, The Andaman Express published on 27-04-2004 which is below :

The Andaman Express

Vol-20 27-04-2004

Vasantha's Murderer Found ?

Port Blair, Apr. 26: Almost all islanders are waiting for the day when inspite of question-mark(?) a full-stop(.) will be seen in newspapers after the sentence "Vasantha's Murderer Found". perhaps the day is coming very soon. The killer of Vasantha advocate will be traced within a month. And if every things goes right then soon islander will come to know how there very senior officers of these islands planned to kill the lady advocate . Out of the three one belongs to Police and second one belongs to intelligence Bureau, it is learnt .

The CBI is presently working in an angle which was ignored by the police department said Mr. Zaman a journalist quoting CBI. Mr. Zaman has done through investigation in this regard says that "the root of this investigation may open up in Burma or Thailand too". Mr. Zaman while taking to Andaman Express said that "The CBI team is now in Maduri talking to Vasantha's husband and after their return a break through is expected."

Our advocate, T.Vasanda is very close with us like brothers and sister and she is a only person in Port Blair helping us for our release . We will never forget her gratitude which has been recorded in our history of Arakan revolution .

...........................

On 17- 9 -2004, our advocate filed a petition to the Supreme Court for our release .

On 16-11-2004, our case was heard in Supreme Court . The Supreme Court noticed to Chief Secretary of Andaman & Nicobar Islands and the CBI to report in final to supreme Court within four weeks.

On 8-12-2004, the CBI's advocate was praying for time before the CJM court to take investigation continued about our case and then on 27-12-2004, the CBI filed the Charge-sheet against us at the CJM court . The CBI knows that if the CBI doesn't file the Charge-sheet, we will be released by the Supreme Court on 7-2-2005 so the CBI deliberately files the false Charge-sheet to extend the detention and to hide the truth of our case . The CBI prolonged , delayed the case ( 7 years) as much as they could and last, they filed false Charge-sheet .The Charge-sheet is complete fabrication and not truth . The CBI can file like this chargesheet last 4 , 5 years ago . If our advocate didn't file petition to Supreme Court, the CBI would not file the Chargesheet till date .

We had received the Charge-sheet on 23-2-2005 when we appeared before the CJM court . At that day, the CJM court transfered our case to Session Court .

The First Information Report (FIR) and the Charge-sheet are complete fabrication and not truth .

Lt-Col.Grewal is a key man about our case but we are astonished why the CBI doesn't state the name of Lt-Col.Grewal in the CBI's chargesheet . The CBI deliberately eliminates Lt-Col.Grewal from the CBI's Charge-sheet because their greatest fears is that Lt-Col.Grwewal could spill the beans on important people and the truth to be revealed regarding our case . And the CBI files the Charge-sheet without making investigation on Lt-Col.Grewal and the army personnels who took part in the Operation Leech. So it is obvious that the CBI's Charge-sheet is a complete fabrication and not truth . This wicked, sly plan is not only the CBI and Lt-Col.Grewal . There are some important persons behind the CBI and Lt-Col.Grewal .Their purpose is to protect their crime (committed murder) .

Not only Indian Defence killed in cool blood six of our leaders during the Operation Leech but also Indian Authorities, including the CBI are taking co-ordinated effort to send us into the Jail to protect their offence (committed murder) .

On March 30, 2005, our another (new) advocate, Ms. Kamini Jaiswal filed a transfer petition to the Supreme Court to transfer our case to Kolkata .

Reason for transferring :

(1) We want the truth to be revealed about our case and we are willing to stand trail and prove our innocence and also prove that we are freedom fighters involving in the movement for Democracy and Human Rights against the brutal military regime in Burma and not gun-runners .

(2) The Human Rights groups have tried to extend their help to us but the local administration has not only stopped the said groups from meeting us but also made it difficult for lawyers to extend their assistance . The first human rights lawyer sent to assit us was Mr.Henry Tiphagne, a well-known advocate from Tamil Nadu who was sent by the South Asia Human Rights Documentation Center, at New Delhi . The human rights lawyer had got a legal order to meet with us from Hon'ble Court but local authorities robbed it and Mr.Henry Tiphagne was intimidated and ultimately he had to leave the Island . Thereafter, the local lawyer assisting him Ms.T.Vasanda was murderred . She is one of our advocate and only a person helping us in this Island for uor release .

(3) The Asssociation for Protection of Democratic Rights (APDR) sent a team to Port Blair, Andaman Island to meet with us but they were also intimidated and not allowed access to us .

(4) We will not be able to defend ourselves if the trail is held at Port Blair, Andaman Island because we will not get adequate and competent legal assistance . We would like the case transferred to Kolkata where the Human Rights groups and Human Rights lawyers can gave us legal assistance .

(5) The CBI's Charge-sheet is totally fabrication and not truth . It is not only the CBI and there are higher authorities behind the CBI .

(6) The local administration can overwhelm the Court, especially concerning our case and they can take understanding each other including the CBI and Defence .

(7) We are alone in this Island and the human rights groups, media persons, NGOs, ...etc are not allowed to meet with us and Port Blair is a small township and there are no colourful political parties in this Island .

(8) Tsumina hit entire Andaman Island .

For these reasons above, we filed transfer petition to the Supreme Court to transfer our case to Kolkata to protect their sly plan . But it is minus and the worst situation for us that we will be in Jail at Kolkata after transferring our case to Kolkata .

On 7th August 2005, at night about 10:45pm, Maj.Soe Naing was sufferring from blood vomitted and his excrement also blood . He was admitted at G.P Pants Hospital, Port Blair, Andaman Island . The doctors payed attention very much but he was not improving inspite of all possible treatment here . So he was refferred to better Hospital at mainland, Chennai for further investigation and treatment as such facilities do not exist here . On August 16, 2005, at about 4:20pm, I received the medical refferred to mainland and I handed it over to Dy.SP Immigration . On 17th to 18th August 2005, the relevant authorities arranged their progress to shift the patient to mainland, Chennai . On August 19, 2005, in the morning at 8;20am, the patient was taken to mainland, Chennai by air to take medical treatment . He has been undergoing medical treatment at Ramachadram Hospital at Chennai .The two policemen accompanied the patient as attendant (helper) . They didn't allow anyone of us to go with patient as attendant (helper) . They should allow one of us as attendant and interpreter because the patient is unable to speak in English and Hindi also . I believe that the patient will definitely face difficulties to explain the doctors how he suffers . On September 2, 2005, he was discharged from Ramachandram Hospital after recovering and at the same date depatred from mainland, Chennai in the morning by ship . He arrived to our place, Port Blair, Andaman Island on September 5, 2005 . He was worn-out very much for travelling by ship who should not be taken by ship because he has been rather feeble since his illness . He should be taken by fly . And he said, "no interpreter was there and I could not explain to doctors by speaking for my suffering but I gestured to doctors my suffering."

Whatsoever, we, Arakan revolution, the people of Arakan recognize that the Government of India including concerned authorities undertake the patient to shift to mainland, Chennai for further investigation and treatment but we strongly condemn the behaviour of the Government of India including the CBI and concerned authorities regarding our case . If the Government of India undertook regarding our case for revealing the truth like aforesaid patient, our case was over last 4 , 5 years ago .

On September 9, 2005, the Supreme Court issued notice to the CBI regarding transfer petition .

WARNING:

Indian Defence had committed the murder during the Operation Leech at Landfall Island on February 11, 1998 and the Authority of India has barred even Human Rights groups from meeting us and the CBI gives support and protection the murders, Lt-Col.Grewal and his accomplice of Indian armed forces by filing false Charge-sheet to protect their crime (stained murder) . We strongly urge the Government of India to conduct and attempt the truth to be revealed regarding our case and don't commit any offence on us again .

CONCLUSION:

We are in fact freedom fighters engaged in a struggle for Democracy and Human Rights against brutal military regime in Burma . We have been under detention for over seven years and our fundamental right to life and liberty has been abused and infringed .

Indian Defence (Armed Forces) in fact committed the murder (shot dead our six leaders in cool blood) during the Operation Leech in 1998 and the FIR and the CBI's Chargesheet are complete fabrication and not truth . The Indian Government, Authorities including the CBI are taking coordinated effort to conceal the fact incident about our case and to prove us as gun-runners to protect their crime (stained murder) and then they will try again with indirect means to kill us by handing over us to Burma Military Government when we are released .

..........................

We kindly request all of you who are against Burma Military Government including Indian people give support innocent person of us and strongly stand part of the truth and justice .

Now, our only hope is that Human Rights groups and UNHCR protect us and other NGOs, Organizations and persons who are against Burma Junta for Democracy and Human Rights help us . To be continued ...

DEPONENT

( Thein Oung Gyaw )

Freedom-fighter

Arakan Army

National United Party of Arakan

Temporarily, at Port Blair, A&N Islands(India).

----------------------------------------------------

CHARGESHEET

Station.....CBI, SPE, SCB, Kolkata.....District....Kolkata......Chargesheet No...06... Date..27.12.2004.....of complainant or informant...Lt.cdr. R.S. Dhankar, DNPM, Fortress Hqrs......Information Report No.RC.1/s/98 Cal.27.02.1998.

The brief fact this case, in nutshell, is that on 19 . 2 .98 Lt.Cdr. R.S. Dhankar, DNMP, Fortress Hqr., Port Blair lodged a writen complaint in P.S. Central Crime Station (CCS) Port Blair to the effect that on the basis of a definite intelligence report received by the Defence Authority to the effect that some foreign nationals of South East Asia origin were bringing arms / ammunitions and equipment through trawlers / speed boats to Landfall Island which is situated within Indian territory, to supply such articles to the terrorist groups of North-Eastern Region of India through Cox Bazar in Bangladesh to wage war against the Govt. of India /destabilise the Government . On the basis of information, the Defence Forces lunched an operation at the Landfall Island and captured 73 foreign nationals along with a huge quantity of arms/ammunitions, equipment, two speed boats and two trawlers . During that operation 6 (six) foreign nationals were also killed in encounter . On the complaint, CCS P.S. Case No. 50/ 98 was registered on 18 /02 / 98. Subsequently the case was transferred to CBI on the order of Ministry of Home Affairs, Gov. of India and thereupon Case No.RC 1/S/98-Cal u/s 121, 121A, 122, 123, 120(B) IPC r/w Sec. 14of Foreigners Act, 1846, Sec.25/27 of Arms Act, 1959 and Sec. 5 of Explosive Substances Act 1908 was registered at CBI, SCB, Kolkatta and investigation was taken up.

2. During the course of investigation, CBI interrogated foreign nationals 73 (out of 71 were Burmese nationals and 2 were Thai nationals including 37 fishermen and 36 militant accused persons). The complainant of the csae Lt.Cdr. R.S.Dhankar, DNMP, Fortress Hqrs, Port Blair, two police personnel namely Const. 340 Ram Avtar Singh ands H/C 152 M.J. Answari who were deputed and participated in the operation were examined and their statement were recorded. Col. SPS Mahi of 3 Madras Regiment, Captain Mohit Seth, 3 Madras Regiment and Lt. T. Sunil Kumar, Eastern Naval Commend, Vizag who lunched the operation with theri respective forces in capturing the foreign nationals; their arms/ammunitions, equipment, speed boats and trawlers at Landfall Island in the night of 9-10/2/98 were examined and their statement were recorded . Col. SPS mahi in his statement recorded u/s 161 Cr.P.C. inter alia stated that during February, 98 he was Commending Officer of 3, Madras Regiment which was located at Port Blair . On the basis of instruction received from higher authorities on 8.20.98 operation leech III was launched . He was directed to act as Land Force Commander of Landfall Island . According to information some foreign gun runners were to tranship a huge consignment of lethal arms and ammunitions and reach Landfall island in northern Andamans . Landfall island in north andaman is about 350 kms. from Port Blair is a part of Indian Territory . As per the available information the foreign gun runners were intending to establish a training camp and also used <st1:place<st1:PlaceTypeLandf</st1:PlaceType<st1:PlaceNameall</st1:PlaceName <st1:PlaceTypeIsland</st1:PlaceType</st1:place as transhipment camp. He along with his troops reached landfall island in the night of 9-10.02.98 and waited there for the foreign gun runners to be sighted. He positioned his troops considering the topography of the place. It was planned to allow the gun runners to come to the island with the arms, ammunitions and during that time to nab them. On 10.02.98 at about 1330hrs he sighted one speed boat coming from north-east direction towards <st1:place<st1:PlaceTypeLand</st1:PlaceType <st1:PlaceNameFall</st1:PlaceName <st1:PlaceTypeIsland</st1:PlaceType</st1:place. The speed boat on reaching near <st1:place<st1:PlaceTypeLand</st1:PlaceType <st1:PlaceNameFall</st1:PlaceName <st1:PlaceTypeIsland</st1:PlaceType</st1:place waited for a while and after that it went down South of Land Fall Island. Again, it came towards north of the island and went down south. There was about 8-10 persons in that boat. At about 1600 hrs he sighted another speed boat coming to <st1:place<st1:PlaceTypeLandf</st1:PlaceType<st1:PlaceNameall</st1:PlaceName <st1:PlaceTypeIsland</st1:PlaceType</st1:place from southern side followed by two trawlers. The speed boat and the trawlers approached <st1:place<st1:PlaceTypeLandf</st1:PlaceType<st1:PlaceNameall</st1:PlaceName <st1:PlaceTypeIsland</st1:PlaceType</st1:place and anchored around 50-100 mtrs. off the shore of <st1:place<st1:PlaceTypeLand</st1:PlaceType <st1:PlaceNameFall</st1:PlaceName <st1:PlaceTypeIsland</st1:PlaceType</st1:place. The other speed boat which had come earlier also joined them. They saw about 70-80 persons in those boats and trawlers. The foreign gun runners unloaded the arms and ammunition from the trawlers on to speed boats, ferried them to the <st1:place<st1:PlaceTypeshore</st1:PlaceType of <st1:PlaceNameLandfall</st1:PlaceName</st1:place <st1:placeIsland</st1:place and kept them under a big tree. Before unloading the arms and ammunitions on the island the persons in the first boat had already reached the area on the <st1:place<st1:PlaceTypeshore</st1:PlaceType of <st1:PlaceNameLand Fall</st1:PlaceName</st1:place <st1:placeIsland</st1:place. The unloading continued till dark and by then they lit up a fire by which he could observe their activities in the night. In the night they cooked their food and stayed in the island near the shore. The activities were going on near a big tree. In the night under the cover of darkness he ordered his troops to close in stealthily and waited for the first light considering that any attempt to apprehend the gun runners in the night would be premature operationally. In the meanwhile on his request additional reinforcement reached at <st1:place<st1:PlaceTypeLandf</st1:PlaceType<st1:PlaceNameall</st1:PlaceName <st1:PlaceTypeIsland</st1:PlaceType</st1:place at about 0400 hrs. on 11.2.98 under the command of captain Mohit Seth. On 11.2.98 by about 0530 hrs. his troops encircled the gunners and the gun runners were asked to surrender. Some of them tried to escape by running towards the sea in southern direction . While running they started firing at the troops from their automatic weapons to cover escape. Apprehending casualty he asked his troops to open fire on escaping gun runners. In the exchange of fire gun runners who by then entered into the water of the sea, appeared to have been hit by firing and they fell into the water. They waited for a while as they were not sure whether those gun runners were injured/ dead. They thought that they may resurface and surrender. As they did not resurface he ordered for a search for them in the water but could not trace their bodies and presumed them to be dead and washed into the deep sea. The other gun runners who were on land were apprehended and disarmed. Some persons who were in the boat/ trawlers were also apprehended and brought to the shore for head count. After apprehending the gun runners they searched the boats and trawlers, prepare list of arms, ammunitions, other articles recovered from the apprehendees. He,then intimated the Fortress Hqr. at Port Blair about the success in apprehending 73 gun runners and capturing of the arms and ammunitions etc. He was asked to wait for the 5th trawler/boat which was supposed to come to the island. In the meantime, the apprehendees and the arms, ammunitions were put in the Naval ship and sent towards <st1:place<st1:PlaceNameCampbell</st1:PlaceName <st1:PlaceTypeBay</st1:PlaceType</st1:place. Till 14.02.98 no other trawler/boat could be sighted and on the orders from higher authorities he returned to Port Blair along with the troops. The gun runners and the arms and ammunitions were sent to <st1:place<st1:PlaceNameCampbell</st1:PlaceName <st1:PlaceTypeBay</st1:PlaceType</st1:place on security considerations. None of the 73 apprehendees were having valid travel documents to enter <st1:placeIndian territory</st1:place. Captain Seth reported to him that the troops had fired 26 rounds from their SLRs. The empty cases of bullets fired by the gun runners as well as the Indian troops could not be recovered as the ground was swampy and having thick cover of leaves. On his instruction a list was prepared by Captain Seth immediately after the operation showing the arms and ammunitions and other stores recovered from the 73 apprehendees. Lt.Sunil Kumar prepared the inventory with respect to 2 boats and 2 trawlers. There was no casualty on his side.
3. Investigation revealed that the captured arms/ammunitions and other articles including Heavy Machine Guns, Rocket Launchers, AK-56, AK-47 Rifles, Grenade Launchars, Carbines, Pistols and Revolvers are in prohibitory category . There were also Grenades, Rockets, Detonators, Fuse, Cartridges and other explosive ammunition which are all in prohabitory category . Possession of such prohabitory arms/ammunitions and bringing into the teritorial jurisdiction of India made them liable for violation of Arms Act,1959. The examination of all such arms/ammunitions and expolsives have been undertaken by the Director, CFSL, New Delhi and by Colonel S.K. Sharma, Commandant Ordnance Depot, Kolkata and all these items are presently kept in the Custody of Army Koth of Brich Ganj, Port Blair on Zimma. The CFSL report and the reports of Col. S.K. Sharma, Commandant Ordance Depot, Kolkata confirm that all such arms/ammunitions and explosives come within the ambit of the Arms Act and Explosive Substance Act .

4. In ocurse of investigation, the place of occurance at landfall Island was inspected as shown by Lt. T. Sunil Kumar of Indian Navy who was a member of operation team . During visit of P.O , it has been established that Landfall Island is situated very much within the Indian Territorial water and all the captuered 73 Foreign natiopnals who landed there by speed boats and trawlers with a huge quantity of sophisticated arms/ammunations, explosives and equipment had entered within Indian Territory without any valid documents unauthorisedly .

5. A sketch map of occurence with paraphernalia index have been drawn by the Sr. Chargeman, Naval Ship Repair Yard, Port Blair who was a team member while visiting the place of occurrence . A memorandum of inspection of the place of occurrence was also prepared and got attested by the available witnesses at the place of occurrence itself .

6. The reports received from Interpol, Bangkok and Yangoon during investigation reveals that the 37 foreign national (35 Burmese and 2 Thai) whose names are mentioned in Col.2 of Chargesheet) who claimed to be fishermen are really genuine fishermen of the respective countries . No criminal proceeding was pending against them in their respective countries . During investigation it was prima facie established that these 37 foreign fishermen were the victim of circumstances and they were forcibly brought to Landfall Island against their will and conscience by the other 36 militants accused persons (names mentioned in Col. 1 of the chargesheet). As the 37 foreign nationals as stated in Col. 2 of the Chargesheet were found innocent and had no nexus with the commission of this case, a report u/s 169 Cr.P.C was filed before the Ld. Court of C.J.M., Port Blair on 7.5.99 and there after, these 37 foreign nationals were discharged from the instant case by the Ld. Court and they were accordingly deported to their countries .

7. Investigation revealed that the 36 foreign nationals mentioned in Col. 1 of the chargesheet (25 Arakan Army activisits and 11 Karen National Union activists) armwith sophisticated and prohabited fire arms, ammunitions, explosives and equipment by two speed boats and two hijacked fishing trawlers and anchored at Landfall Island on 18.2.98 at about 16oohrs. and remained there till their capture on 11.2.98 morning by the members of Indian Defence Forces . While they were being apprehended when exchange of fire took place between the defence forces and the foreign militants accused persons of this case, 6 militant accused were injured and their bodies could not be traced as they were appeared to have been growned in deep sea waters . The exchange of fire was resorted to in self defence by the members of defence forces in which 6 militant acused were hit and killed / were missing .

8. The about facts and circumstances established that the 36 foreign militant accused mentioned in Col.1 entered into Indian territory without any valid documents and thereby committed offence U/s.14 of Foreigners Act.,1946. Further, since they illegally entered with foreign made and prohibited arms/ammunitions and explosives in large quantity, they also committed offences under Sec.25(1-B) of Arms Act, 1959 and Sec. 5 of Explosive Substances Act 1908. The foreign militant accused also violated our sovereignty and right over the territorial water and exclusive economic zone and thereby committed offence under Sec.11 of the Territorial waters, Continental Shelf, Elusive Economic Zone and other Maritime Zone Act 1976.
The competent authorities have been moved to grant prosecution sanction to prosecute thee accuse militants under Sec. 25 (1-B) Arms Act, u/s 5 of Explosive Substances Act and u/s 11 of Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zone Act. The same will be filed before the <st1:Street<st1:addressLd.Court</st1:address</st1:Street on receipt from the competent authorities.
All the 36 accused persons are on bail. Two of the militants namely Ran Naing, S/O U Maung Tin (21yrs) and <st1:place<st1:CityAye</st1:City <st1:StateWa</st1:State</st1:place, S/O Tayar (23yrs) are reported to have absconded.
9. It is, therefore, humble prayed this <st1:Street<st1:addressLd. Court</st1:address</st1:Street may be pleased to take cognizance of the offence u/s 14 of Foreigners Act, 1946 against the 36 foreign militants. Cognizance of the offence u/s 25 (1-B) of Arms Act, 1959, section 5 of Explosive Substances Act, 1908 and Sec.11 of Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zone Act, 1976 may kindly be taken on receipt of the prosecution sanction from the competent authority. Investigation with regard to the remaining allegation continues.
10. The Ld.Court may be further pleased to summon the 36 accused presons as stated in Col.1 of Chargesheet and try them according to law.
The list of the documents/exhibits and the name of the witnesses and copies of the relied upon documents, statement of witnesses recorded u/s 161 Cr.P.C. are annexed herewith the chargesheet.
(Ananda Roy)
Inspector of Police
CBI, SCB, Kolkata
Investigating Officer.

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LIST OF EVIDENCES ( DOCUMENTARY )

1. FIR of CCS P.S. Case No.50/98 dated 18.02.98

2. FIR of CBI, SCB, Kolkata Case No.RC.1/S/98-Cal dated 27-02-98 along with its enclosure.

3. Receipt Memo dated 28-02-98 regarding taking over of case records from previous I.O of CCS P.S, Port Blair.

4. Taking over memo dated 28-02-98 relating to taking over of 72 accused persons from previous I.O of local police .

5. Custody Memo dated 02-3-98, Inspection Memd dated 02-3-98 and Medical detention certificate (photocopy) relating to taking over of one accused (73rd accused) from Defence authorities.

6. Memorandum of Inspection of the place of occurrence dated 13-01-99 when Lt. T.Sunil Kumar showed the P.O.

7. Message No.1109(3)/505/G4 dated 13-01-99 and No.1109(2)/505/G4 dated 16-01-99 from Interpol, Yangoon and Message No.2826/UA/PR dated 20-01-99 from Interpol, Bangkok. These relate to the verification report of 37 fishermen .

8. Production memo dated 11-01-99 relating to taking over of arms/ammunitions and other articles from Defence Authorities and returned on Zimma.

9. Production memo dated 14-01-99 relating to talking over to boats and one traeler from Defence Authorities and returned on Zimma .

10. Production memo dated 20-01-99 retain to list of recoveries made by Defence Forces at Landfall Island on 11-02-98, First page relates to recovery of weapons, 2nd page relates to Ammunition recovered 3rd and 4th page relate to other stores recovered.

11. Production memo dated 20-02-99 relating to the recovery list drawn by Defence Forces at Landfall Island on 11-02-98 regarding recovery of 2 nos. of speed boats and 2 nos of trawlers wooden big size .

12. CFSL, New Delhi report No.CFSL-99/F-871 dated 29-10-99 regarding examination of arms/ammunitions recovered into the case. Submitted by Sh. A.Dey, Sr. Scientific Officer (Ball). CFSL.. New Dlhi .

13. Report relating to examination of explosive items etc. vide No.40617/OD KOL/ Misc./04 dated 27-11-04 summitted by Col. S.K Sharma of Ordnance Depot, Eastern Command, Kolkata.

14. Sketch map of the place of occurrence drawn by the Sr.Chargeman Vaval Ship Repair Yard, Port Blair.

15. Any other documents, if required, during trial .

( Ananda Roy )

Inspector of Police

CBI: SPE: SCB: Kolkata

Investigating Officer

NAME & PARTICULARS OF WITNESS

1. Lt. Cdr. R.S. Dhankar, Dy.Naval Provost Marshall Fortress Hqrs., Port Blair.

2. Sh. Ram Avtar Singh, Head Const.340, Aberdeen P.S., Port Blair.

3. Sh. M.J. Ansari, Head Const.152, Aberdeen P.S, Port Blair.

4. Col. SPS Mahi, 3 Madras Regiment.

5. Capt. Mohit Seth, 3 Madras Regiment.

6. Lt. T. Sunil Kumar, Eastren Naval Command, Vizag.

7. Sh. P.K. Prakashan, S/o O.Chendu Kutty, Sr. Chargeman, Naval Ship Repair Yard(NSRY), Port Blair.

8. Sh. Amar Das, S/o Lt. Basant Ram, Tahsildar & Executive Magistrate, Diglipur, A&N Islands.

9. Sh. K. Narayanan Kutty, PA to Supdt. Engineer, Electricity Deptt, Bidyut Bhawan, Port Blair.

10. Sh. A.Dye, Sr. Scientific Officer (Ballistic), CFSL, New Delhi.

11. Col. S.K. Sharma, Ordnance Depot, Eastern Command, Fort William, Kol.

12. Sh. S.K. Sinha, Dy, SP, CID, Port Blair.

13. Sh. P.S. Mukhopadhyay, Dy.SP, CBI, SCB, Kolkata.

14. Sh. A.K.Das, Inspector, CBI, SCB, Kolkata.

15. J.Nayak, Dy.SP, CBI, New Delhi.

16. Sh. A.N.Moitra, Dy.SP, CBI, SCB, Kolkata.

17. Sh. M.S.Khan, Dy.SP, CBI, SCB, Kolkata.

18. Sh. Ananda Roy, Inspector, CBI, SCB, Kolkata.

Any other witnesses, if required, during trail.

(Ananda Roy)

Inspector of Police

CBI:SPE:SCB: Kolkata

Investigating Officer

............................... ................................................

Please read following legal letter form the Government of India with orginal letter head. CONFIDENTIAL

D.O. No.13024/1/98-ANL

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIR

TELE : 3012514

JOINT SECRETARY New Delhi, the 26th February,1998.

A clandestine effort to land a consignment of arms, ammunition and equipment by some foreign nationals at Landfall Island in Andaman & Nicobar Group of Islands was successfully thwarted by a joint tri-services operation of the Indian Armed Forces on 9th February, 1998 which resulted in the capture of 73 foreign nationals alongwith arms and ammunition . The Andaman & Nicobar Police based on the First Information Report lodged by the Fortress Commander, under Sections 121/ 121A/ 122, 123, 120-B of the IPC read with Section 14 of the Foreigners Act 1946, Sections 25/27 of the Arms Act 1959 and Section 5 of the Explosive Substances Act 1908 at the Port Blair Police Station on 18th February, 1998.

2. In view of inetrnational ramifications of this case and the need for an investigation at a wider front including possible reference to international agencies like interpol, the investigation of this case has been handed over to the Central Bureau of Investigation (CBI) . In the meantime, the Andaman & Nicobar Police is required to produce these apprehended foreigners before the Chief Judicial Magistrate at Campbell Bay today . It is proposed to seek their police remand but even if this request is granted by the court, the maximum duration of the police remand is not expected to be beyond 10 days . The CBI consider it necessary for a purposeful investigation into this case to complete the interrogration of the apprehended foreign nationals within the short-time available . However, they are handicapped in carrying out a meaningful interropgration because of the fact that the apprehanded foreigners speak only Myanmarese . The CBI therefore, consider it service of suitable interpretors to aid the investigation team in conducting the interrogation .

========================================

TO COMPARE REAL ARMS-SMUGGLERS AND TRUTH FREEDOM-FIGHTERS :

A Kolkata City Session Court sentenced arms-smugglers, British National, Peter Bleach and five Latvians to life imprisonment on February 2, 2000 for finding them guilty in the Purulia arms drop case of 1995 .

Russian President, Vladimir Putin set the whole process rolling by demanding the release of the Latvians . After Russian President took up the case with Indian Government, the decission came that the five Latvians were released on June 22, 2000 with presidential pardon .

The five Latvians, who along with Peter Bleach convicted for the same offence, has been freed but Peter Bleach was in Jail .

British Prime Minister, Tony Blair dashed off a letter to former Indian Prime Minister Vajpayee seeking Peter Bleach' release and British Deputy Prime Minister John Prescott had already discussed this with Foreign Minister Jaswant Sign on July 4, 2003 and British Foreign Secretary, Jack Straw took up Peter Bleach's release personally with the Indian Government .

Peter Bleach was aware that during former Indian Deputy Prime Minister L.K.Advani's visit to UK in June, 2003, British Prime Minister Tony Blair had requested a reprieve .

After returning from UK, former Indian Deputy Prime Minister L.K.Adavani galvanised the Home Ministry into action and finally secured the release .

After Tony Blair, Jack Straw, L.K.Advani took up the case with the Government of India, the decission came that Peter Bleach was released on February 4, 2004 with a Presidential Pardom .

Weekly Magazine namely,"The Week" July 27, 2003 Vol-21 No-34 published "freeing Indian's Criminal No.1" as cover story about Peter Bleach's case .

And let see how much Government of India spended for real arms-smuggler, Peter Bleach when he was Alipore Jail . According to Hindustan Times, July 6, 2003 HT Kolkata Live, we came to know that "Peter Bleach says his daily diet is more than enough . The food is hygienic and nobody is stealing it at least," said legal activist Deepak Prahladka . "He no longer has to spend his own money on buying cheese, noodles and other foodstuff from outside . At Presidency, he had to spend around Rs.3000/- every month on food alone " and prison fare for Peter Bleach was 1lit milk with sugar. 4 bananas. 2 eggs. 1lb bread. 400g potatos. 500g onion,tomato&cucumber. 1 lemon. 300g fish once a week. 300g chicken once a week .

The Government of India provides innocent person of us equal value of Rs.45/- of ration articles per day which amount is not possible to suffice for our daily use .We requested many times to the Authorities of India to provide us Rs.15/- more but they ignored all our request .

Real arms-smugglers, Peter Bleach and five Latvians who were sentenced to life imprisonment were released by the Government of India . We are not jealous of their releasing and we don't want to criticze about that matter but we want to point out to compare how Indian Authorities treated on real arms-smugglers and on innocent truth freedom-fighters of us who are fighting against Burma Military Government for Democracy and Human Rights and are not enemy of India .

Really, Our six leaders were shot dead in cool blood during the Operation Leech, at Landfall Island on 11st February 1998 by the Indian Armed Forces . They committed the murder during the Operation Leech and they accuse and propagate on us as gun-runners to protect their offence (stained murder) .

The Indian Government, Authorities including Indian Armed Forces and the CBI have same attitude about our case that (1) they don't want the truth to be revealed . If the truth is revealed about our case , the Government of India and Indian Defence will lose their dignity. and that (2) they conduct a co-ordinated effort to convict us as gun-runners . It is the purpose to protect their offence (committed murder). and that (3) they don't wish to release us . It is the purpose for getting benefit from Burma Military Government politically and commercially . The CBI prolonged, delayed our case ( 7years) as much as they could and last, file the false chargesheet . 19 days before the CBI has filed the chargesheet, the CBI's advocate prayed for time to take investigation continued when we appeared before the court . The CBI know that if they don't file the chargesheet, we will be released by the Supreme Court on February 7, 2005. So, the CBI deliberately filed the false chargesheet to prolong the case and to protect their offence (committed mueder) .

Russia and Britain are powerful countries . Five Latvians who along with Peter Bleach convicted for same offence, has been freed by the Government of India because they belong to powerful countries .

But, we are freedom-fighters our own country fighting against Burma Junta for Democracy and Human Rights . And we are not terrorists and not enemy of the people of India and we have never violated the Constitution of India and International Law . We are innocent about our case but we belong to very very less powerful organization (not nation) if compare with powerful Nations like Russia and Britain .

Even we are innocent about our case, Indian Government, Authorities including the CBI don't wish to release us because it is clear that (1) we belong to very less powerful Organizations; that (2) they want to protect their offence; that (3) they conduct a coordinated effort to convict us as gun-runners; that (4) they get profit from the Burma Military Government .

It is clear that Government of India would get Militarily, Commercially, Politically profit from the Russia and Britain for releasing Peter Bleach an five Latvians .

We are fighting against Burma Military Government for Democracy and Human Rights but Indian Defence killed in cool blod our six leaders and Indian Authorities including the CBI don't wish to release and are taking a coordinated effort to send us into the jail . "Why ?" It is clear that Government of India would get profit from Burma Military Government for killing six of our leaders and unnecessarily, illegally taking long detention us . ( For Example : politically profit to take counter balance with China in Burma and commercially to take Natural Gas in Arakan without wishes of Arakan people )

We are in fact freedom fighters engaging armed-struggle against Burma Military Government to protect our people and for the restoration of Democracy in Burma . We are neither terrorists nor gun-runners and we have never violated the constitution of India and International Law and We have not given support any gun-runner and terrorist . Indian Government, Authorities including the CBI accuse us as gun-runners and taking coordinated effort to heap all blame on us as gun-runners to protect their offence (committed murder).

But Indian Government, Authorities released arms-smugglers Peter Bleach and five Latvians for getting their profit from Russia and Britain .

When EU, USA, other Democratic Countries including UN have been taking action against Burma Military Government for Democracy and Human Rights, the Government of India, world largest Democratic Country trained higher military training and technology the Burma Army and sold ordnances (military materials) to Burma Military Government for getting their profit irrespective of our people's wishes .

We were called, promised to set up our camp in Landfall Island by Lt-Col.Grewal and other authorities after taking agreement with our leaders and when we reached at the Landfall Island, we were warmly welcome, embraced and had dinner slept together and six of our the most important leaders were shot dead in cool blood by the Indian Armed Forces including MI and they arrested us and then Indian Government, Authorities including the CBI accuse us as gun-runners to protect their offence but Government of India sold ordnances to Burma Military Government and released arm-smugglers . " Is this legal that Government of India, largest Democratic Country in the world sells ordnances to illegal Burma Military Government ? " " Why don't Indian Government, Authorities released innocent person of us even they release arms-smuglers ?" It is clear that Government of India is ready to do and will not hesitate all matter (like committed murder) for getting their profit . Is this the policy of Government of India to do all (like stained murder) for getting benefit ?

Government of India should consider this important matter why Burman and non-Burman people Arakan, Karen, Mon, Kachin, Kareni, Shan including ABSDF (All Burma Student Democratic Front) have been engaging Armed-struggle against Burma Military Government since many many years ago . Government of India should know that they want the Truth, Justice, Equality and Birth-rights (Freedom) so they have been engaging Armed-struggle against Burma Military Government . Government of India should know that our country has been free on January 4, 1948 under the British rule but our people are still under the Burma Military Rule.

To be continued .....

Thein Oung Gyaw

Freedom-fighter

Arakan Army

National United Party of Arakan

Temporarily, at Port Blair, Andaman Islands (India).

...........................

PRIDE AND SATISFACTION , CONTROVERSY AND CO-ORDINATION

I refer some Newspapers, Magazines and point out some excerpts how at first controversy between the CBI and Indian Armed Forces (Ministry of Defence) about our case and then in the end the CBI co-operated with murderers of Indian Armed Forces (Ministry of Defence) to cover up the fact of our case and how Indian Armed Forces (Ministry of Defence) satisfied and took a lot of pride about bitter Operation Leech but they are always trying to conceal the fact incident of our case and are scare of the truth to be revealed regarding our case .

Please let see below :

PRIDE AND SATISFACTION

On February 12, 1998, Maj.Gen.S.C Chopra, additional dircetor-general, military operations, ministry of defence, told the press in New Delhi that Indian security forces had intercepted on 11 February, a major gang of international gun-runners supplying weapons to different secessionist proups in the north-east . The story unfurled further in follow-ups that claimed that a joint operation mounted by the army, navy, air force and the Coast Guards had successfully aborted a clandestine shipment of lethal weapons valued at around US$.1 million .

In the skirmish that ensured, six gun-runners were said to have been killed in an encounter - their bodies lost to the heaving - 73 others arrested, four vessels impounded and a huge cache of arms and ammunition recovered . The operation was apparently mounted following the receipt of impeccable military intelligence about the movement of the smugglers . It was touted as the biggest seizure of sophisticated weapons being landed on Indian territory since the Purulia Arms Drop in December 1995 .

DENIAL

1) It is totally not truth that six gun-runners were said to have been killed in an encounter . Because it is genuine truth that our six leaders were shot dead in cold blood by Indian Armed Forces at Landfall Island on February 11, 1998 . It is that they try to protect their offence (stained murder) .

2) It is totally not truth that their bodies lost to heaving sea . Because it is genuine truth that it is totally not possible to lose dead bodies to heaving sea because Indian Armed Forces shot dead our six leaders in cold blood on the land of Landfall Island, not in the water (sea) . It is their wicked plan to obliterate the corpses (dead bodies) to protect their offence (stained murder) .

3) It is totally not truth that a huge cache of arms and ammunition recovered . Because it is genuine truth that to send, carry our materials to Landfall Island is our responsible and the Government of India will take responsibility Landfall Island to our Headquarters . It is that they are trying to heap all blame on us as gun-runners to protect their offence (stained murder) .

4) Statement of Col.SPS Mahi of Madras Regiment, statement of Captain Mohi Seth, 3 Madras Regiment and statemenrt of Lt. T.Sunil Kumar, Eastern Naval Commend are totally complete fabrications and not truth . Because it is genuine truth that "on February 10, 1998 when we reached at Landfall Island, we were warmly welcome, shaked hands by Lt-Col.Grewal, another Colonel wearing Punjabi turban and Saw Tun (Arakan) and his assistant Ran Naing including Indian army soldiers and we give Pepsi, Marinda cans to Indian soldiers and shaked hands with them . While we were shifting our materials to the Island, one of Indian army soldier helped us by carrying our materials on his sholder . Lt-Col.Grewal and Punjabi Colonel and our leaders took dinner together at Landfall Island and both of Indian Colonels and General.Khaing Raza and Phodo Muu Lway slept together on a ground-sheet . Some of Indian army soldiers slept nearby behind the bushes and most of our comrades slept at the Landfall Island . On February 11, 1998, at about 8:30am some of Indian soldiers were ferried to the Landfall Island from north navy ship . We give some Pepsi, Marinda cans and red tri-angle scarfs to some of Indian soldiers .

Indian army soldiers were together with us at Landfall Island between on February 10, 1998 in the evening to on February 11, 1998 in the morning about 9:00am .

"The purpose of their false statements are to protect their crime (stained murder)."

....................

CONTROVERSY BETWEEN THE CBI AND INDIAN ARMED FORCES (MINISTRY OF DEFENCE)

1) The CBI said that Defence Authorities have completely stonewalled the CBI's investigation by refusing to cooperate .

2) The CBI said that Defence Authorities have not allowed to interrogate defence personnel who took part in the Operation Leech .

3) The CBI said that Defence Authorities always block to the CBI's investigation .

4) The CBI said that the CBI wanted to cross examine the Army personnel who participated in the Operation Leech but they are always avoiding the CBI .

5) The CBI said that the documents seized during the Operation were not given to the CBI .

6) The CBI said that the CBI repeatedly asked the defence forces to appear before them but they ignored the CBI's plea .

7) The CBI said that the army does not want the truth to be revealed .

8) The CBI said that Ministry of Defence has not cooperated with the CBI' investigation .

9) The CBI director said at press confrence that it is not possible to take investigation about armed forces without cooperation of Defence Ministry .

10) The CBI complains that the Ministry of Defence is not cooperating in the investigations despite a written request to (then) Defence Minister, George Fernandes in may 1999 .

11) The Ministry of Defence, meanwhile, has joined issue with the CBI in the Operation Leech case, claiming that "all cooperation has been extended" in investigations and blamed the MoD for stonewalling investigations by making neither its officers, nor relevant documents, available for scrutiny. "It would not possible to file a charge-sheet unless there's free and easy access to documents and witnesses from the Defence forces," the case file states . The MoD contests this view . "Four service officers have appeared brfore the CBI,"it contends. The CBI admits that Col.SPS Mahi, Commodore KS Rai, Lt. Commander RS Dhaiya and Captain Mohit Sen have appeared, but only to parrot the FIR version . They have not been allowed to be "examined", the agency claims . The MoD also denies the CBI claim that there was no action on its written request to the Defence Minister in May 1999 seeking cooperation in investigations .

12) They have not parted with the intelligence reports on the basis of which they claim the operation was conducted . Operational details have not been made available . The note written by the then Assistant Chief of Naval Staff Operation Rear Admiral Madanjit Singh too has not been given to the CBI," the case file states . The Ministry of Defence denies this but the CBI says it was stonewalled at every step in the prove .

13) What was the CBI stand ? Finds the rebels version "more plausible" . Ministry of Defence not cooperating in prove .

14) Where is Grewal ? Retire and untraceable . During prove army didn't allow the CBI near him .

15) " The authenticity and bona fides of the entire encounter are in doubt," the CBI says .

Please compare the CBI's Charge-sheet with controversy between the CBI and Indian Armed Forces . you will know that at first how controversy betwen the CBI and Armed Forces (Ministry of Defence) and in the final why the CBI co-operates with Indian armed forces (Ministry of Defence) and compare with my Statement, Affidavit . You will know after reading that it is obvious and sure that there is a secret understanding between the CBI and Indian Armed Forces (Ministry of Defence) and the Government of India .

..........

# At first, controversy between the CBI and Indian Armed Forces (Ministry of Defence) regarding our case and then in the end the CBI cooperated with murderers, Lt-Col.Grewal and his accomplices of Indian Armed Forces (Ministry of Defence) . " Why ? "

# Lt-Col.Grewal is a key man about our case but the CBI eliminates Lt-Col.Grewal from the CBI's Charge-sheet . " Why ? "

# The CBI prolongs, delays our case (7 years) as much as they can and in the end, files the false Charge-sheet . The CBI's Charge-sheet is a complete fabrication and not truth . The CBI could file like this Charge-sheet last 4, 5 years ago . If our advocate didn't file petition to the Supreme Court, the CBI would not file this Charge-sheet up to date . " Why ? "

It is obvious that (1) Indian Armed Forces (Ministry of Defence) and the CBI including other Authorities are taking coordinating efford, plot to conceal the fact of our case and to heap all blame on us as gun-runners and to send us into Jail as gun-runners to protect their offence (stained murder) and (2) it is very obvious that they don't want the truth to be revealed and are not honest about our case and (3) it is very very obvious that they give support and protection the murderers, Lt-Col.Grewal and his accomplices of Indian Armed Forces to protect their offence (stained murder) .

In fact, in reality, actually, certainly, truthly, exactly, surely we want the truth to be revealed and justice and we are innocent regarding our case . Presently, they accuse us as gun-runners so we are the accused and they are complainants, plaintiffs . On the contrary, they are the accused and we are conplainants, plaintiffs . Because they don't want the truth to be revealed and the Charge-sheet is complete fabrication and not truth and they give support and protection the murderer of Indian Armed Forces . In fact, we want and challenge the truth to be revealed regarding our case .

Some newspapers often publish that in India, even if a wild animal like duck, deer is shot, they will be punished for their crime . But Indian Armed Forces (Ministry of Defence) and the CBI including other Authorities ignore the fact of our case and give support and protection the murderers who shot dead our six leaders in cold blood at Landfall Island in February 11, 1998 .

Q. Doesn't the Government of India punish the murderers and their accomplices ?

Q. Don't our six leaders, freedom fighters have worth, value as a wild animal ?

Q. Is this the policy of Government of India ?

Andaman is the land of freedom fighters . At present, the Cellular Jail is National Memorial Museum at Port Blair, Andaman Island in the memory of Indian freedom fighters who were given long prison sentence, tortured and executed at the Cellular Jail by the British because of against British for Indian freedom movement . We are freedom fighters our own country fighting against Burma Military Government for Democracy and Human Rights but Indian Armed Forces (Ministry of Defence) assassinate our six leaders in cold blood and capture our materials, finance and arrest and send us to the Jail and the CBI unnecessarily prolongs, delays our case as much as they can and files false Charge-sheet against us . Indian Authorities, Defence including the CBI have known the fact, exact incident of our case but they deliberately ignore and conceal the fact of our case to protect their offence (stained murder) . Indian freedom fighters fought against British for Indian freedom movement so they were arrested, punished by the British . We are freedom fighters fighting against Burma Junta for Democracy and Human Rights but Government of India, world largest Democratic Country keeps us long detention unfairly, unjustly . " Why ? "

Q. Is this a policy of the Government of India ?

Q. If it is not policy of the Government of India why do Indian Defence (Ministry of Defence), Authorities including the CBI give support and protection the murderers, Lt-Col.Grewal and his accomplice of Indian Armed Forces ?

Q. Does the Government of India keeps watching injustice ?

"Remember" how Indian freedom fighters suffered, shed blood, tear in the Cellular Jail .

"Please consider" how you feel as if you are in our place . In fact, we are innocent victim of a large conspiracy and Indian Authorities, Defence including the CBI have been too harsh on us . It is obvious that the behavior of Government of India on us will be satisfaction and pleasure the Burma Military Junta . Presently, Government of India is officially holding us hostage for taking advantage of their benefit from Burma Military Junta . ( For Istance : politically, to take benefit to counter balance with China in Burma and commercially, to take Natural Gas in Arakan without wishes of the people of Arakan) .

Government of India released arms-smugglers, Peter Bleach and five Latvian with a presidential pardom even they were convicted for their involvement of Purulia arms-drop case in 1995 . Government of India has compassion, sympathy, consideration on arms-smugglers, rich persons from powerful Countrys but Government of India oppresses and has (nothing)barely compassion, sympathy, consideration on innocent person of us who are freedom fighters against Burma Military Government for Democracy and Human Rights and poor persons .

The Government of India has released the Arms-smugglers with presidential perdom :

Q. Why doesn't Government of India release innocent person of us with presidential perdom ?

Q. Doesn't the Government of India have compassion, sympathy, consideration on innocent person of us ?

Q. Doesn't the President of India or Government of India take into consideration to release on innocent person of us with presidential perdom ?

In fact, we are very poor and have nothing power . Our power is only the truth . We have and depend on only the truth and justice for our release but the truth, justice, consideration, compassion, sympathy are not for innocent person of us in India . "Their greatest fear is that the truth is revealed about our case" . "We are arrested for the genuine truth of our case by the Government of India" . "If Government of India is honest and bold, it should, must accede to the demand for a probe" . We scandalize their behaviours regarding our case .

"We strongly comdemn the behavour of Government of India including Indian Authorities, Defence and the CBI" .

"We salute with my statement, Affidavit to the memory of those heroic patriots of our six leaders who were shot dead in cold blood by the Indian Armed Forces at Landfall Island on February 11, 1998 and those who laid their lives while fighting the battle and while working for the father land of Arakan and Karen and for democracy movement in Burma .

Oh....dear our senior and great senior, freedom fighters, Indian soil is stained with your blood . Your blood is always red and fresh and will never dry at Indian soil . You blood, soul is at the land of Indian freedom fighters together with Indian freedom fighters' blood, soul in Andaman Islands.You are our National Patriot Hero" . Your blood is recorded in the History of Arakan Revolution .

to be continued :

Thein Oung Gyaw

Freedom fighter

Arakan Army

National United Party of Arakan

Tamporarily Port Blair

Andaman Islands (India).

...........................

OPERATION LEECH AND THEN PRIME MINISTER Atal Bihari Vajpayee, THEN DEFENCE MINISTER George Fernandes AND SACKING OF THEN NAVY CHIEF ADMIRAL Vishnu Bhagwat :

# Times of India December 14, 2002 published that indeed (then) defence minister George Fernandes recently told Parliment that all these detainees, arrested in February 1998 were "gun-runners involved in delviering arms to the insurgents in the Northeast". They were still in Port Blair because they did not have valid travel documents, the minister added .

...............

# Some paragraphs of The Indian Express May 9, 1999 published that after Bhagwat's exit, Fernandes admitted "input" from the Indian Embassy in Yangon and that the July 27 order had been issued by him since he was dealing with the "experience" of Operation Leech .

And what was this experience ? "We got six people killed . Seventy-three persons are today in Jail, of whom 37 are fisherflok whose fishing boats were hijacked and who had nothing to do with any operation at all, we have not been able to file a charge-sheet more than a year after this particular incident, the various agencies of the of the Government, the CBI and a whole lot of other agencies are involved and concerned..." Fernandes said .

Bhagwat attacked this as a needless obsession with human rights and one that jeopardised the Navy's operations in tackling militancy . He now says that even if some inputs had been received from Yangon, the restraint order was uncalled for . "I am sorry, but our mission in Myanmar cannot control routine and mandated operation of the armed forces . The Ambassador is not the supreme commander of the armed forces sitting in Yangon . As far as the committee of Secretaries is concerned, no Secretary or Cabinet Secretary can give orders without the Cabinet Minister's approval...there is a lot more to Operation Leech than what meets the eye...and George Fernandes is at the centre of it."

However, Bhagwat says he did not allow his officers to give evidence since he was concerned about their security . "The men involved in the Operation do not have SPG cover . Their identity has to be protected and it was my duty to protect them . Since the country does not have maritime coutrs and the situation created after Operation Leech was unprecedented, the recording of evidence in the Port Blar case became a ticklish problem."

...............

# Some paragraphs of the cover story of "The Week" April 11, 1999 page 41 publish that it was on the Andaman issue that Bhagwat nailed Fernandes . In February 1998 the navy, the army and the coast guards launched an operation in the Andaman following intelligence alerts . They captured a large quantity of arms, arrested 73 persons and shot 6 in the operation .

As Fernandes admited, there were "many countroversial issues ..... prominently reported in the media about this operation . There were serious allegations of financial and other missdeeds insinuations of a conspiracy involving insurgent groups of another country and allegations of attempts to stonewall the CBI investigations . Such matters not only have implications on our national security but also on our relations with friendly neighbouring countries".

According to Fernandes, all this had prompted to government to instruct the armed forces that intelligence reports be evaluated at the government level, rather than at the service headquarters or "to avoid any adverse fallout ". On July 27 defence secretary Ajit Kumar issued what Bhagwat calls an order and what Fernandes terms "an advice" to the services head-quarters that any percipitate action on the basis of such intelligence reports should be taken only with the prior permission of the government".

That brought out the fighter in Bhagwat . None of the chiefs liked the order, and Fernandes admitted that "a representation was received" from the chiefs of staff committee about their difficulties in getting an audience with him for four days .

The ministry now maintains that the February operation "was carried out with the approval of the government at the appropriate level".

...............

# The cover story of January 11, 1999 of "India Today" at page.15, 16 publish that the Government hit back with uncharacteristic ferocity . It said the decision was taken "consciously and deliberately in the face of action which treatened the established structures of democracy, the traditional neutrality and objecttvity of our armed forces as well as national security". On his part, Prime Minister Vajpayee added that Bhagwat had to go for his deliberate defiance of the established system of cabinet control over the defence forces". Vajpayee didn't elaborate on the grave charge that Bhagwat had also harmed national security but Mod sources attributed two improprieties to the former CNS: his comments on the Sagarika anti-ship missile project and the disclosure of the undercover Operation Leech in the Andaman Islands . A minor lapse also include violating protocol and communicating directly with the Pakistan High Commission after an incident involving the violation of naval airspace .

.......

# The cover story of "India Today" April 12, 1999 at page 24, 25 publish that is below :

Undermining security : "The media has revealed the instructions of the MoD (Ministry of Defence), dated July 27, 1998,signed by the Secretary, Ministry of Defence (Ajit Kumar) . The communication, I believe, had the explict approval of the Ministry of Defence . The intent of the communication was clear from its plain language . It did not want such tri-service operations to continue and impede the flow of arms and ammunition to the North-east ....The chiefs of staff stated that no prior information to and approval of the MoD was necessary and that the same would not be sought."

Evidence : Bhagwat's reference is to Ajit Kumar's instruction to the armed forces not to act against gun-running and other illegal activities "without the approval of the government". This was based on the Government's unhappiness with an earlier Operation Leech in which six leaders of the Arakan and Karen Liberation Movement were alleggedly shot in cold blood by a tri-service operation runby navy . The decision in this case was not taken by Kumar but by a committee comprising the cabinet, foreign, home and defence secretaries and the RAW chief, on a request from the Indian Embassy in Yangon .

Vajpayee said the Government sacked the former naval chief because of "deliberate defiance of the established system of cabinet control over the defence forces". But with no further details forthcoming, the public remained confused over whether the Government was justiced in its action .

A day before the budget session of Parliment on February 22 he addressed a press conference in Delhi and launched a blistering attack on Fernandes and the Defence Ministry . He accused Fernandes of links with arms dealers and terrorists and of systematically subverting the armed forces . He made a range of charges - mostly unsubstantiated - stating that his downfall was plotted by ministry officials who were in the pay of arms dealers .

.............

On July 6, 2003 some paragraphs of Sunday Hindustan Times, Kolkata published that "it is not easy running an operation of this nature when there is no central plan" is how a former MI hand put it . It is not easy to mobilise a joint tri-services operation and involve the Coast Guard and police as well . To do all this to kill six, or even 36, unsuspecting rebels on an open beach seems rather unnecessary .

Military sources say it is not certain that Grewal pulled the wool over the MI's eyes, or that he did it alone .

Of course, there is a possibility that the whole operation was one monumental mix-up, they say . India has RAW and MI, along with the smaller Naval Intelligence, involved in this kind of work . One hand often has no clue what the other hand is doing .

HT sent a questionnaire to Army HQ on Friday . Army spokesman Brigadier Shruti Kant called back to say the they could not respond before Monday . However, he fixed a copy of an answer given in Parliament by Defence Minister George Fernandes in November 2002 .

This is what it says :

"A combined services operation (Operation Leech) was undertaken in February 1998 to intercept arms deliveries meant for Indian insurgent groups in the Norhteast . In this operation, 73 foreign nationals were apprehended and 138 weapons along with a large quantity of armmunition recovered .

WHO IS Colonel "Vicky" Grewal ? Was he a rogue agent who alone took everyone for a ride ? There are no clear answers .

What possibly cannot be explained is the establishment's steadfast resolve to remain silent, and in the process appear to protect Grewal .

The CBI was requested several times over to go by the official version and not insist on examining officers who were in the operation . The Hindustan Times has details of four such meetings .

These meetings were attented by top bureaucrats and advisors to the government . "It is as good as a dead case, "said a former CBI officer who investigated the case .

The reason for the authorities' unwillingness to investigate this man is unclear . Were other involved with Grewal ? Are there fears that he could spill the beans on important people ? The mystery persists .

...........

It is obvious and there's no doubt at all that they, all have known the truth incident of our case but they are pretending as if they don't know . And they don't want the truth to be revealed regarding our case .

We have nothing to hide and in fact we want the true to be revealed regarding our case .

Our six of the most important leaders were shot dead in cool blood by the Indian Armed Forces at Landfall Island, on February 11, 1998 . (2) They want to protect and take cover up for their crime (stained murder) . (3) They are taking coordinated effort, plot to send us into the Jail as gun-runners to conceal their crime (committed murder) .

It is why Government of India doesn't want the truth to be revealed regarding our case .

(1) Politically, Government of India want to take counter balance with China in Burma . (2) Commercially, Government of India wants to take Natural Gas in Arakan very much . For these reasons, Government of India makes appease the Burma Junta by giving long detention on us .

It is why Government of India doesn't want to release us .

Over a thousand of politicians are given long prison sentence for their beliefs and politicial activities in Burma . But we, innocent person of us are arrested by the Government of India for the truth of our case and for our own Natural Resource of Gas . It is that Government of India is holding us as hostage for getting benefit from Burma Military Government .

" If Government of India is honest and bold regarding our case, it should be accede to the demand for revealing the truth ." "The Government of India will never take into consideration how we have been loss regarding this case ."

to be continued...

Yours sincerely,

Thein Oung Gyaw

Freedom fighter

Arakan Army

National United Party of Arakan

Temporarily, At Port Blair, A&N Island (India).

.........................

HOW THEY BADLY TREATED ON US

We are actually anxious if we consinder what they badly treated on us in previous time which is as following :

1)They tried two times to hand over, deport us to the Burma but the first plan failed for leaking news among the news reporters, journalists and the second plan was stayed by the National Human Rights Commission so we are still alive .

2)The jail authority propagated very bad news on us .

3)The CBI and the Assistant Secretary, Law of A&N Islands pressurized the jail authority to disturb, interfere the Human Rights lawyer not to meet with us when we were in jail . ( Note : the lawyer was sent to meet with us by the South Asia Human Rights Documentation Centre, at New Delhi and he had got an ligal order from CJM court to meet with us)

4)The polices and their officers threatened our friends and neighbour who are local Indian not to help and relate with us and propagated very bad news as terroorists, armed/drug-smugglers, bandits,...etc.

5)The administration and police officer have barred, not allowed even Human Rights group from meeting us .

6)Previously, the Authority of India pressurized the UNHCR, India branch not to accept us as political refugee status .

7)We have a right to seek protection of UNHCR and we are eligible for International protection and we have a right to the protection of our lives granted by the Constitution of India and Universal Declaration of Human Rights . And it is very important to save our lives that we have to go to New Delhi to interview with UNHCR to take political refugee status but they don't allow us to seek protection of UNHCR to save our lives .

8)They don't allow us to study our education like Computer, English,......etc .

9)The CBI's petition wrongly moved to the CJM Court that we had made interview with the representative of UNHCR . ( Note:We have never met any representative of UNHCR till date.)

10)They don't want the truth to be revealed and are not honest about our case .

11)The CBI unnecessarily prolongs, delays our case (7 years) as much as they can and files false Charge-sheet against us to protect their offence (stained murder).

12)Lt-Col.Grewal is a key man regarding this case but the CBI eliminates Lt-Col.Grewal from the CBI's Charge-sheet because there are fears that he could spill the beans on important people and the CBI has not made investigation Lt-Col.Grewal and the army personnels who took part in the Operation Leech . So it is clear that the CBI's Charge-sheet is a complete fabrication and not truth .

13)They have deliberately removed the eye witnesses .

14)It is obvious that they are taking co-ordinated effort to conceal the fact incident of our case and to heap all blame on us as gun-runners and to send us into Jail as gun-runners to protect their offence (stained murder).

15)It is obvious that they put into use with their full power, authority and send us to prison as gun-runners to protect their offence (stained murder).

16)We have been waiting for the time longer than necessary for our release but