Much that most
readers will appreciate Swaminathan Aiyar's recount of Gujarat's sordid
drama of 'crime and punishment' as blood sport, comparing it with the
win and lose score board of India's favourite sport -Cricket; he has in
fact trivialized the entire gamut of inhuman brutality and human
sufferings in Gujarat. That unfortunately exposes the insensitivity of
some elite section of the society, that treat all such tragic events as
as par for the course. In a way, that eases the pain of the sufferers
and keeps them from going overboard in a temporary burst of
triumphalism; while assuring the criminals that this is only how law
sometimes takes it course and therefore they should be prepared to play
the next game of India's favorite blood sport: genocidal attacks on
Muslims and be prepared for the change in the role of the referees.
Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>
------------------------------
http://blogs.timesofindia.
09 September 2012, 04:57 AM IST
There was much cheering last week when our cricket Test team
demolished New Zealand . Yet the truly great Test and victory was in the
Gujarat High Court, which imposed stiff sentences on perpetrators of
the Naroda Patiya massacre of 2002.
India’s institutions and civil society defeated a state bent on protecting the guilty. This required the combined efforts of thousands of people. From these thousands, i would pick the following first eleven.
Captain of the team was Justice JS Verma. After the post-Godhra massacre of Muslims, the Gujarat government tried to let the killers off the hook. Justice Verma as head of the National Human Rights Commission raised serious doubts about the impartiality of the state government and asked the Supreme Court to intervene. He persuaded the Supreme Court to stay proceedings in the lower courts based on flimsy investigations.
He was followed in the batting line up by Justice Arijit Pasayat of the Supreme Court, who decreed in 2008 that the Gujarat cases could not be left to the state government to investigate and prosecute. Instead he appointed a Special Investigative Team (SIT) with sweeping powers to find the truth and nail the guilty.
B K Raghavan headed the Special Investigative Team and collected evidence that led to convictions in Naroda Patiya and other cases. Activists criticized Raghavan for exonerating Modi: he concluded there was no evidence against the chief minister. Still, Raghavan was a star player of the team.
Within Gujarat, the charge was led by lawyer Mukul Sinha . His Jan Sangharsh Manch was determined to collect evidence and establish the truth. It got Ahmedabad’s mobile phone call data from an upright police officer, analysed the call logs, and proved that top BJP ideologues such as Maya Kodnani and Babu Bajrangi were at Naroda Patiya on the fateful day. This enabled the SIT to home in on Kodnani and others who had not even been named in earlier investigations .
The lead lawyer for Naroda Patiya’s victims, Govind Parmar , saw the massacre as state-abetted genocide. As a dalit himself, he knew full well the enormities of injustice arising from communal hate. He defended and ensured acquittal of Muslims falsely accused of murder, protected threatened witnesses, and finally won the Naroda Patiya case.
Lawyer Yusuf Muchhala spearheaded the movement to restore 512 shrines destroyed in the riots, mostly mosques and dargahs. The state government claimed that India’s secular principles prohibited it from aiding any community to rebuild shrines. However, Muchhala persuaded the courts to order the state government to restore the destroyed shrines.
The traditional Gujarat elite feared taking on Narendra Modi after his sweeping electoral victory in 2002. The great exception was Mallika Sarabhai, the famous dancer. Even the Congress Party opted for a soft Hindutva line rather than take on Modi. But, despite huge peer pressure, Mallika never minced words in condemning what she saw as Modi’s politics of hate and death.
Teesta Setalvad, a Mumbai-based activist and TV analyst, became one of the best known civil society faces in Gujarat. In the Best Bakery case, in which 14 Muslims were killed, the state government originally contrived a weak prosecution that led to the acquittal of all the accused. But Teesta persuaded higher courts to order a retrial, which resulted in life sentences for four killers. Teesta emerged a heroine, but her image was somewhat tarnished when the SIT as well a former aide accused her of concocting false stories and coaching witnesses to make false statements.
Harsh Mander, an officer of the Indian Administrative service, relocated to Gujarat to secure justice and relief for those hit by the 2002 riots. He set up Nyayagrah, meaning campaign for justice. With the help of lawyers like Indira Jaisingh, he helped re-open hundreds of cases that the police had conveniently closed down.
J S Bandukwala, a Muslim professor at Baroda University , was a major force for moderation and peace. He was almost killed by Hindu rioters. Yet he pleaded for harmony, not vengeance . Eight years after the riots, he suggested it might be wise for Muslims to put the terrible past behind and focus on a better future. Some praised his moderation, but others castigated him as too soft on Modi.
Last but not least in the batting order came Justice Jyotsna Yagnik. She presided over the Naroda Patiya trial, and convicted and sentenced Maya Kodnani and others. In the process, she exposed the way the police favoured Kodnani until the SIT took over.
This was a great first eleven. But it succeeded only because of support from thousands of others. Let us raise a glass to all who made the victory possible.
Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>
------------------------------
http://blogs.timesofindia.
The XI that won the Gujarat Test
SA Aiyar09 September 2012, 04:57 AM IST
India’s institutions and civil society defeated a state bent on protecting the guilty. This required the combined efforts of thousands of people. From these thousands, i would pick the following first eleven.
Captain of the team was Justice JS Verma. After the post-Godhra massacre of Muslims, the Gujarat government tried to let the killers off the hook. Justice Verma as head of the National Human Rights Commission raised serious doubts about the impartiality of the state government and asked the Supreme Court to intervene. He persuaded the Supreme Court to stay proceedings in the lower courts based on flimsy investigations.
He was followed in the batting line up by Justice Arijit Pasayat of the Supreme Court, who decreed in 2008 that the Gujarat cases could not be left to the state government to investigate and prosecute. Instead he appointed a Special Investigative Team (SIT) with sweeping powers to find the truth and nail the guilty.
B K Raghavan headed the Special Investigative Team and collected evidence that led to convictions in Naroda Patiya and other cases. Activists criticized Raghavan for exonerating Modi: he concluded there was no evidence against the chief minister. Still, Raghavan was a star player of the team.
Within Gujarat, the charge was led by lawyer Mukul Sinha . His Jan Sangharsh Manch was determined to collect evidence and establish the truth. It got Ahmedabad’s mobile phone call data from an upright police officer, analysed the call logs, and proved that top BJP ideologues such as Maya Kodnani and Babu Bajrangi were at Naroda Patiya on the fateful day. This enabled the SIT to home in on Kodnani and others who had not even been named in earlier investigations .
The lead lawyer for Naroda Patiya’s victims, Govind Parmar , saw the massacre as state-abetted genocide. As a dalit himself, he knew full well the enormities of injustice arising from communal hate. He defended and ensured acquittal of Muslims falsely accused of murder, protected threatened witnesses, and finally won the Naroda Patiya case.
Lawyer Yusuf Muchhala spearheaded the movement to restore 512 shrines destroyed in the riots, mostly mosques and dargahs. The state government claimed that India’s secular principles prohibited it from aiding any community to rebuild shrines. However, Muchhala persuaded the courts to order the state government to restore the destroyed shrines.
The traditional Gujarat elite feared taking on Narendra Modi after his sweeping electoral victory in 2002. The great exception was Mallika Sarabhai, the famous dancer. Even the Congress Party opted for a soft Hindutva line rather than take on Modi. But, despite huge peer pressure, Mallika never minced words in condemning what she saw as Modi’s politics of hate and death.
Teesta Setalvad, a Mumbai-based activist and TV analyst, became one of the best known civil society faces in Gujarat. In the Best Bakery case, in which 14 Muslims were killed, the state government originally contrived a weak prosecution that led to the acquittal of all the accused. But Teesta persuaded higher courts to order a retrial, which resulted in life sentences for four killers. Teesta emerged a heroine, but her image was somewhat tarnished when the SIT as well a former aide accused her of concocting false stories and coaching witnesses to make false statements.
Harsh Mander, an officer of the Indian Administrative service, relocated to Gujarat to secure justice and relief for those hit by the 2002 riots. He set up Nyayagrah, meaning campaign for justice. With the help of lawyers like Indira Jaisingh, he helped re-open hundreds of cases that the police had conveniently closed down.
J S Bandukwala, a Muslim professor at Baroda University , was a major force for moderation and peace. He was almost killed by Hindu rioters. Yet he pleaded for harmony, not vengeance . Eight years after the riots, he suggested it might be wise for Muslims to put the terrible past behind and focus on a better future. Some praised his moderation, but others castigated him as too soft on Modi.
Last but not least in the batting order came Justice Jyotsna Yagnik. She presided over the Naroda Patiya trial, and convicted and sentenced Maya Kodnani and others. In the process, she exposed the way the police favoured Kodnani until the SIT took over.
This was a great first eleven. But it succeeded only because of support from thousands of others. Let us raise a glass to all who made the victory possible.
:
Sort by: Newest | Oldest | Recommended (2) | Agree (2)
Sort by: Newest | Oldest | Recommended (2) | Agree (2)
Dilip Rathod
(Houston)
says:
September 09,2012 at 09:58 AM IST
19 Followers
Silver : 4453
4
3
1
The perfect eleven has done justice. The guilty have
met and will meet their end, after all as you sow so you reap. Prof.
Bandukwala is a progressive minded intellectual who advises the Muslims
to erode the past and write afresh. Consequently the Muslims in Gujarat
have prospered and helped in establishing peace. In spite of such social
amity efforts some pseudo secular prop up their heads for political
gains and dig godhra and Post Godhra ghosts. Let justice take its course
and let's drive the nation ahead.
Brown American
(USA)
says:
September 09,2012 at 09:56 AM IST
52 Followers
Gold : 13263
5
5
2
I disagree with the article. Sentences are not
strong enough. It is not enough deterrent for future perpetrators of
such crimes. Look how much politically did Modi gain from the state
orchestrated genocide of Muslims. He won Elections twice. Not all
actors, perpetrators, instigators have been brought to Justice. Unless
Modi stands trial, this issue will not come a closure.;
Sunil Kokrady
(India)
says:
September 09,2012 at 09:01 AM IST
17 Followers
Silver : 3046
4
3
1
Where was this Victorious Team when Congress were
systematically massacring almost three times Gujarat 2002? What about
justice for Sikhs? Are they not human? The king pin of 1984 riots was
give "Clean Chit" by same members of victorious team. No wonder he is
now found doing same antics in Oddisha. The verdict may be victory for
Testa Setalavad and few but justice is still far off the mark.
Subhash (Delhi.)
says:
September 09,2012 at 08:49 AM IST
Why Mr. Swaminathan not writing anything about the
other side of the XI that started the Gujarat Test? It has become the
practice of the journalists like Mr. Swaminathan SA Aiyar to highlight
what has been done to provide justice to riot victims of post Godhra
riots. But is there any Justice JS Verma, Mr. Justice Arijit Pasayat,
Mukul Sinha, Govind Parmar, Yusuf Muchhala, Mallika Sarabhai, Teesta
Setalvad, Harsh Mander, JS Bandukwala etc. who tried to tell the stories
to the masses how the a few misguided persons from a particular
community at Godhra put the train on fire at Godhra Station. Everyone
knows there is no one to tell their stories how they burnt the 58
passengers alive? Because those who hatched the conspiracy to roast the
58 passengers were not Muslims. Had the burnt passengers been Muslims
the nation would have been told about how these were burnt alive? The
question is why our journalists like Mr. Aiyar or social activists
silent over the misdeeds of the persons who put the train on fire? Do
they know anything about their stories? Why are their stories not being
told? Those who put the train on fire are perhaps the true culprits of
Muslims who suffered after the unfortunate post Godhra riots? Had
there been no burning of trains perhaps gujarat would have been the most
peaceful and prosperous State in India
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