Showing posts with label Gujarat Chief Minister Narendra Modi's role in Gujarat Riots. Show all posts
Showing posts with label Gujarat Chief Minister Narendra Modi's role in Gujarat Riots. Show all posts

Saturday, May 23, 2015

Creating ripples on foreign shores - The Times of India - | My comments

My comments on Times of India webpage over news story:Creating ripples on foreign shores


Ghulam Muhammed•Mumbai•3 mins ago


Modi is travelling the world with a vengeance, having been denied US visa over his controversial role in 2002 Gujarat genocidal riots. He has elephantine memory and will not easily forget that he was humiliated world over, as he was denied a US visa, the ultimate public insult. Even now that the US has lifted his visa ban, he is not satisfied till according to him, the world gives him overwhelming reception and acceptance. That shows he cannot run from his role or supposed role of commission and/or omission in Gujarat riots that rocked the conscience of the world, if not India. He had remained a marked man for all this years and he is trying his best to paper over that hurt and humiliation.
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Wednesday, September 14, 2011

Suspended police officer Sanjiv Bhatt's open letter to Narendra Modi - NDTV Correspondent,

http://www.ndtv.com/article/india/suspended-police-officer-sanjiv-bhatts-open-letter-to-narendra-modi-133735%26cp

NDTV.com homepage Updated: September 15, 2011 11:51 IST

Suspended police officer Sanjiv Bhatt's open letter to Narendra Modi

NDTV Correspondent, Updated: September 14, 2011 22:28 IST

Ahmedabad:  Suspended police officer Sanjiv Bhatt criticised Narendra Modi for misinterpreting the Supreme Court verdict and has written an open letter to the Gujarat Chief Minister. The Supreme Court had, on Monday, ruled that it will no longer monitor the case against him for the communal riots at Gulbarga Society - one of the epicentres of the riots that ravaged Gujarat in 2002, killing 1200 people, most of them Muslims.

Here is the text of the letter:

Dear Shri Modi,

I am glad you chose to write an open letter to the 'Six crore Gujaratis'. This has not only afforded me a window to your mind but has also given me an opportunity to write to you through the same medium.

My dear brother, it seems you have completely misconstrued the judgement and order passed by the Honourable Supreme Court of India in Criminal Appeal No. 1765 of 2011 arising out of S.L.P. (CRL.) No. 1088 of 2008 viz. Jakia Nasim Ahesan & Anr. Versus State of Gujarat & Ors. It is very likely that your chosen advisors have once again misled you and have in turn, made you mislead the 'Six crore Gujaratis' who look up to you as their elected leader.

Let me as a younger brother-Gujarati, help you decipher the judgement and order that has led to unequivocal gloating and jubilatory celebrations among some sections of the political spectrum. It has been stated in your letter that "One thing is apparent from the Supreme Court's judgment. The unhealthy environment created by the unfounded and false allegations made against me and Government of Gujarat, after 2002 riots, has come to an end". Let me clarify that even by a long shot, the order of the Honourable Supreme Court has nowhere, even remotely, suggested that the allegations contained in the complaint filed by Mrs. Jakia Jafri were unfounded or false. The truth is that the order of the Honourable Supreme Court is in fact, a very major leap in the direction of delivering justice to the hapless victims of the Gujarat pogrom. As you are well aware, Mrs. Jafri had approached the Honorable Gujarat High Court with a prayer for registering her complaint as an FIR. The said petition was disallowed by the Honourable High Court of Gujarat. Mrs. Jafri, therefore, approached the Honourable Supreme Court of India by way of a Special Leave Petition against the order of the High Court. The Honourable Supreme Court directed the SIT to look into her complaint and subsequently also directed the learned Amicus to examine the evidence collected by the SIT. At the end of this long and arduous exercise the Honourable Supreme Court has not only allowed the Appeal of Mrs. Jafri and directed the SIT to virtually treat the complaint of Mrs. Jafrri as an FIR, but has also directed the SIT to file a report under section 173(2) of the CrPC Let me clarify for your benefit and for the benefit of your six crore brothers and sisters of Gujarat, that this report under section 173(2) of the CrPC is colloquially known as Charge-Sheet or Final Report. The honourable Supreme Court of India has also directed the SIT to place all the evidence collected by it, including the reports of the learned Amicus before the magistrate empowered to take cognizance. I am sure you will appreciate that in order to let the law of the land take its due course, this was the best option available to the Honourable Supreme Court as per the scheme of the Code of Criminal Procedure.

What the Honourable Supreme Court of India has given to Mrs. Jafri is much more than what she had originally prayed for. The order over which some of us are gloating in feigned glee, is in fact, a very cleverly worded order that takes the perpetrators and facilitators of the 2002 carnage a few leaps closer to their day of reckoning. The false bravado comes across as a very smart attempt to mislead the gullible people of Gujarat and instill a false sense of confidence in the political rank and file. Please be assured that we will see a very different picture as the actual import of the order starts settling in and takes judicial effect.

As one of the 'Six Crore Gujaratis', I feel deeply pained and cheated when the likes of you, consciously or inadvertently, mislead the people of Gujarat for ulterior motives. The theory propounded and practised to perfection by Paul Joseph Goebbels, one of Adolf Hitler's closest associate and Reich Minister of Propaganda in Nazi Germany, can definitely work with the majority of the populace for some time. But all of us know from historical experience that Goebbelsian Propaganda cannot fool all the people for all the time.

I fully endorse your realization that "Hate is never conquered by hate." Who would know this better than you, who has served this state for the last one decade; and I, who has served in the Indian Police Service for the last 23 years. I had the misfortune of serving with you during those days of 2002 when the dance of hatred was choreographed and perpetrated at different venues in Gujarat. Albeit this is not the appropriate forum for me to discuss and reveal the details of our respective roles, I am sure that both of us will be getting ample opportunities before appropriately empowered fora to disclose our knowledge about the dynamics of hatred in the realpolitik of Gujarat. I hope you and your cronies, within and without the Government, will not hate me more for this.

I cannot agree more with you when you say that "the credibility of those who have been spreading lies and defaming Gujarat has come to its lowest ebb. The people of this country will not trust such elements anymore". But my dear brother, you seem to have got it entirely wrong as to who are the ones spreading lies and defaming Gujarat. To my mind, Gujarat has gained infamy not because of the hapless victims who have tirelessly crusading for the cause of justice and truth, but because of the despicable actions of the people who sowed and cultivated hatred to reap political and electoral benefits. Please give it a thought. Introspection can prove to be very revealing at times.

I am deeply touched by your concern and efforts to "further strengthen Gujarat's environment of peace, unity and harmony." Thanks to you and your kinsmen, Gujarat has been free from any large scale eruption of communal violence since 2002. The reasons for this may not be very obvious to our fellow 'Six Crore Gujaratis". This is my 24th year in the IPS. I was allotted to the Gujarat cadre during a time when the State was passing through the throes of widespread and sporadic communal violence. Having been baptised by fire, I have been since trying to understand and deal with the likes of you, who deal in the divisive politics of hatred. It is my well founded observation that the polity of Gujarat has now crossed the stage where communal violence can accrue electoral benefits to any political party, as the process of communal polarisation is very nearly complete in Gujarat. The experiments in the divisive politics of hatred have been very successful in the Gujarat Laboratory. You and your likes, in the political arena, have been largely successful in creating divides in the hearts and minds of the "Six Crore Gujaratis". The need to resort to any further communal violence in Gujarat is already passé.

In a constitutional democracy like ours, it is incumbent upon the state to act in good faith at all times and under all circumstances. Over the last nine and a half years many friends have fallen prey to the misleading campaign that the Gujarat carnage of 2002 was a spontaneous reaction to the condemnable action at Godhra on the fateful morning of 27 February 2002. The Newtonian Law was never abused more. You had resorted to your knowledge and understanding of Newtonian physics in March 2002 and had sought to apply it to polity and governance at the peak of the Gujarat Carnage of 2002. But what you might have deliberately missed then, and what many of us seem to be inadvertently missing now; is the universally accepted principle of governance which mandates that in a constitutional democracy, an avowedly secular State cannot be allowed to be partisan. It was the bounden duty of the State to have anticipated and controlled the possible Newtonian reaction, if any; not orchestrate and facilitate systematic targeting of innocent individuals! Be that as it may, as an expression of solidarity with your stated objective of spreading Sadbhavana in the land of the Mahatma, I resolve to join you in your Sadbhavana Mission. What better way to do this than helping the truth to come out and let the spirit of justice and goodwill prevail. As all of us understand, there can be no Sadbhavna or Goodwill without truth and justice. I hereby reaffirm my resolve to contribute my might towards the restoration of Sadbhavana in the administration and polity of Gujarat.

But let me warn you that genuine heartfelt goodwill is something we cannot demand, buy or extort... we can only strive to deserve it. And it is not going to be an easy task. The land of the Mahatma is slowly but surely coming out of its hypnotic state.

As the most powerful person in Gujarat you may think that you do not need to feel accountable to the perceptions of all sections of the community. But believe me, history has proved time and again, that power without genuine goodwill is a path fraught with dangers... it is also a path of no return.

Samabhava is a condition precedent for Sadbhava. Governance by equity and goodwill should not only be the first article of your faith but should also be the last article of your creed.

The truth is more frequently than not, a little bitter and not very easy to swallow. I hope that you will take this letter in the true spirit in which it is written and you or your agents will not indulge in direct or indirect acts of retribution as is your wont.

In the words of Martin Luther King Jr. - Injustice anywhere is a threat to justice everywhere. The spirit of the hapless victims who have been struggling for justice in Gujarat may occasionally flag but it will not be suppressed by any amount of false Goebbelsian propaganda. The struggle for justice is never easy anywhere in the world...it calls for everlasting patience and unfailing perseverance at all times. The spirit of the crusaders for truth and justice in Gujarat is epitomised in this poem by Bhuchung Sonam, an alumnus of MS University, Baroda.

I have principle and no power
You have power and no principle
You being you
And I being I
Compromise is out of the question
So let the battle begin ...
I have truth and no force
You have force and no truth
You being you
And I being I
Compromise is out of the question
So let the battle begin ...
You may club my skull
I will fight
You may crush my bones
I will fight
You may bury me alive
I will fight
With truth running through me
I will fight
With every ounce of my strength
I will fight
With my last dying breath
I will fight ...
I will fight till the
Castle that you built with your lies
Comes tumbling down
Till the devil you worshipped with your lies
Kneels down before my angel of truth.
May the kind God give you the requisite strength to be equitable and benevolent
towards one and all!
Satyamev Jayate!
With best wishes.

Yours sincerely,
(Sanjiv Bhatt)

Wednesday, June 15, 2011

MASS GRAVES AT LUNAWADA (Gujarat State- India) - Burying the truth -Cover Story - Communal Combat - Monthly Magazine

http://www.sabrang.com/cc/archive/2011/june11/cover2.html






June 2011 







Mass Graves at Lunawada

Burying the truth

As matters relating to the 2002 anti-Muslim pogrom in Gujarat reach a critical juncture, Modi’s government tries to frame Teesta Setalvad in the Pandharwada massacre and other carnage cases in a bid to save its own skin

For over six months now the Gujarat state administration and the police machinery under Chief Minister Narendra Modi have been running a malicious and motivated campaign against Teesta Setalvad (secretary, Citizens for Justice and Peace, and co-editor, Communalism Combat), against lawyers engaged by CJP and against other human rights activists fighting for justice for the victims and survivors of the genocidal killings in Gujarat in 2002.

The objective is clear: to derail the ongoing justice process in the Supreme Court – where Modi’s own fate hangs in the balance – and the fast track courts in Gujarat – where nearly 350 accused, including many senior leaders of the Bharatiya Janata Party (BJP), the Vishwa Hindu Parishad (VHP) and the Bajrang Dal, face the prospect of conviction and long years in prison. If the objective is clear, the method too is apparent: malign and discredit activists and lawyers fighting for justice, embroil them in cooked up charges and constrain their personal liberties through illegal arrests.

The attack on Teesta Setalvad in particular has been three-pronged: a widespread and malicious disinformation campaign against her, slapping false charges on her and the threat of impending arrest, all aimed at distracting her, as secretary of CJP, from the relentless pursuit of justice since 2002. In making her the main target the aim is also to intimidate and frighten hundreds of eyewitnesses in the major carnage cases being tried in eight fast track courts as directed by the Supreme Court of India.

The timing of these attacks is significant. The three-judge bench of the apex court hearing the Zakiya Jaffri/ CJP petition is clearly dissatisfied with the fact that though the Special Investigation Team (SIT) report had seriously indicted Modi and his lieutenants for their role in the 2002 Gujarat genocide, it claimed there was not enough evidence to register criminal offences, charge-sheet the chief minister and other perpetrators and haul them into court. On May 5, the Supreme Court issued orders asking amicus curiae Raju Ramachandran to carry out an independent scrutiny and report back to the court before July 28.

That the court was unhappy with the functioning of the SIT, its own creation, was evident from news reports on the court proceedings the next day. ‘SC snubs SIT, calls in amicus’ read the headline on page one of The Indian Express while the opening paragraph of the report read: “In an unprecedented stance since the Supreme Court started monitoring the Gujarat riots cases, the apex court on Thursday [May 5] sidestepped its own Special Investigation Team (SIT) to directly ask amicus curiae Raju Ramachandran to ‘independently’ consider whether there is evidence against Gujarat Chief Minister Narendra Modi and others in the Gulberg Society massacre case.”

‘Go beyond SIT report on Jaffri case, court tells amicus curiae’ was the headline in The Hindu while the report said: “The Supreme Court on Thursday empowered the amicus curiae in the Zakiya Jaffri case to go beyond the report submitted by the Special Investigation Team (SIT) [on the complaint of Ms Jaffri, alleging that the Gujarat chief minister, Narendra Modi, and 61 others had orchestrated the 2002 riots]… A three-judge bench of Justices DK Jain, P. Sathasivam and Aftab Alam asked the amicus, Raju Ramachandran, to analyse and examine the SIT’s report and give his comments in the light of the statements of the witnesses filed along with the report. The bench, in its order, said: ‘If the amicus curiae, on the basis of evidence on record, finds that any offence is made out against any person, he shall mention the same in the report… The copies of the report, along with the comments of the [SIT] chairman, [shall] be given to the amicus curiae who shall analyse them in the light of evidence, statements of witnesses, and have his independent assessment of the entire evidence which has come on record’.” The amicus curiae was also given full authority to speak to any person if he thought it necessary to do so.

All this can hardly be good news for Modi. At the heart of the sustained and malicious campaign is the cynical and calculated intention of the Gujarat state to derail the course of justice being monitored by the apex court and ensure the acquittal of the accused, which includes Modi himself, senior politicians and functionaries of the BJP, VHP and Bajrang Dal as well as top police officers and civil servants.

It may be recalled that the appointment of the SIT by the apex court was the result of a complaint and tireless legal battle waged by Zakiya Ahsan Jaffri and Setalvad of CJP before the Supreme Court. It is no surprise then that a government that has acted vindictively and maliciously against serving and retired IPS and IAS officers who have stood by the Indian Constitution is training its guns on activist Setalvad.

The charges levelled in the criminal complaint against Modi and others are very serious indeed. Despite all the efforts of the Gujarat government and its political mentors and allies to subvert the course of public justice, preliminary investigations by the SIT have revealed details of high-level involvement, of the chief minister and his chosen others, in a series of criminal and unconstitutional actions that engineered the massacre of 2,500 Muslims in the wake of the Godhra incident. No less serious are the SIT’s findings on the subsequent manipulation of evidence, subversion of witnesses and so on.

The allegations against Modi and the government of Gujarat – issuing criminal instructions to police officers and the illegal stationing of ministers in the state and city police control rooms thereafter – are substantiated by the macabre violence, killings, rapes and burnings unleashed on minorities in 19 districts of the state. These allegations and the current investigation are unprecedented in the history of independent India. The illegal handing over of the bodies of victims of the Godhra mass arson to a functionary of a rabid right-wing outfit – the VHP – not to an official of the administration or the police, and the inflammatory media coverage of the Godhra incident by leading Gujarati newspapers, further points to how premeditated the conspiracy actually was. The VHP leader who was given charge of the dead bodies in Godhra on February 27, 2002 is among those accused of instigating mass murder in Naroda Gaon the next day.

On March 15, 2011 the Supreme Court had pulled up the SIT, saying that the evidence it had gathered did not match its inferences. On March 21, 22, 23 and 25, the SIT was compelled to record the statement of yet another serving IPS officer, Sanjiv Bhatt, who, according to reports in the media, has deposed that he was present at a meeting held at the chief minister’s residence on the evening of February 27, 2002 when the latter clearly directed police officers to allow Hindus to “vent their anger” against Muslims. Finally, on May 5, 2011 the apex court directed the amicus curiae to arrive at an independent assessment, without consulting the SIT, of whether or not a criminal offence can be made out.

The other equally relevant point is that the patently false allegations against Setalvad of tutoring witnesses are being orchestrated at a time when crucial trials are nearing completion in the fast track courts in Gujarat. What is at stake is the conviction of over 350 accused in the eight major trials (Gulberg, Sardarpura, Odh – two separate trials, Naroda Patiya, Naroda Gaon, Deepda Darwaza and the British national case) that are underway, some of them nearing completion. Included among the accused in the ongoing trials are top politicians, leaders of the BJP, VHP and Bajrang Dal, senior police officers and civil servants. Despite the threat of intimidation and repression, eyewitnesses and survivors have deposed without fear in Gujarat courts, facing a hostile police and court atmosphere but standing by the affidavits they had filed, through CJP, in the Supreme Court of India.

It is these developments in the Supreme Court and the fast track trial courts in Gujarat that explain the frantic efforts of the Gujarat government under Modi to somehow detract from the incriminating evidence piling up against the perpetrators. This is sought to be achieved by somehow implicating on false charges the person who has been at the forefront of the struggle for justice in Gujarat: Teesta Setalvad. And in this desperate gamble the perpetrators have found a willing ally in the Ahmedabad-based Rais Khan, a former employee of CJP who was asked to leave the organisation in January 2008 after financial irregularities were suspected and survivor witnesses supported by CJP complained against his questionable conduct.

Ironically, the baseless allegations being levelled today are similar in substance to the tactics previously adopted by an unrepentant Gujarat government against Setalvad and other human rights activists since the genocidal carnage of 2002. Absent is any concern for the lives lost or any shame in the continuing subversion or perversion of the justice process. While the individuals making the accusations have changed, the charges have remained the same. Since September 2010, the principal agent for dissemination of this malicious propaganda has been Rais Khan. And the accusations made by him, more than two years after he was asked to leave CJP, have been widely publicised by The Pioneer, edited by Chandan Mitra, a BJP MP, and other mouthpieces of the sangh parivar.

Here in brief are the four alleged offences in which Setalvad is sought to be falsely implicated:

Ř Rais Khan has accused Setalvad of hacking his email account.

# Rais Khan has accused Setalvad of tutoring witnesses in the Naroda Gaon case, one of the eight major carnage cases being tried in a fast track court in Gujarat.

# At the instance of Rais Khan, Setalvad was first named in the FIR (first information report) and, more recently, charged by the Gujarat police as an “absconding accused” in the Pandharwada mass graves case.

# Five years ago a Mumbai fast track court delivered its judgement in the Best Bakery case wherein most of the accused – earlier acquitted by a lower court in Vadodara whose ruling was upheld by the Gujarat high court – were found guilty and given severe punishments. Now, more than 60 months later, Yasmin Shaikh, sister-in-law of Zahira Shaikh, has claimed before the Bombay high court that she was forced by Setalvad to lie before the Mumbai trial court. It may be recalled that following accusations against her by Zahira Shaikh in 2004, Setalvad had herself approached the Supreme Court urging a full inquiry into the charges whereupon a team headed by the registrar of the apex court was appointed by the court to investigate the charges. The investigation concluded that the charges against Setalvad were totally baseless and false. Zahira Shaikh served a one-year prison sentence for lying in the court during the retrial proceedings in Mumbai. Now, by filing an affidavit before the Bombay high court and making accusations against Setalvad, Yasmin Shaikh is by implication also pointing fingers at Judge Abhay Thipsay in whose court the retrial of the Best Bakery case was conducted.

But the most serious allegation against Setalvad to date has to do with her being falsely implicated in the Pandharwada mass graves case. This is a five-year-old case that was recently pulled out of cold storage when suddenly, and inexplicably, Setalvad was not only named in an FIR but also charged as an “absconding accused”. The Lunawada police summoned her to be present at the police station on May 31 and her arrest appeared to be the obvious motive. Setalvad moved the Gujarat high court in the matter and on May 27 the court ruled that naming her as an absconding accused was “illegal and mala fide”. The police were however permitted to make corrections and prepare a fresh charge sheet in the case. Setalvad now proposes to appeal to the Supreme Court, hoping to quash the FIR itself.

The facts of the Pandharwada case, as detailed in the petition filed by Setalvad in the Gujarat high court on May 17, 2011, are a telling account of the blatantly communal, shameful and inhumane character of the Gujarat police and state administration:

# March 1, 2002: The Khanpur police station records the commission of the crime (the massacre of over 40 persons in two separate incidents at Pandharwada in Panchmahal district).

# March 2, 2002: Some of the injured eyewitnesses are shifted to the Cottage Hospital, Lunawada, in a government van. All those who were killed, including the kin of the injured eyewitnesses, are brought to the Cottage Hospital, Lunawada, as well. Post-mortem reports on the dead are also prepared on the same day and they are subsequently buried on the ground that nobody had come forward to claim the bodies and therefore the dead bodies were not handed over to their kin.

No panchnama (written and attested record) of this ‘burial’ is prepared. Moreover, despite the fact that there were three graveyards in Lunawada, the dead bodies are ‘buried’ in forest land near the Paanam river on the outskirts of the town. The bodies of the victims of both offences – CR No. I-11/2002 and CR No. I-13/2002 – were buried separately in the same area.

# March 3, 2002: A local newspaper, Gujarat Today, reports that four persons, including Jakir Deshot, were killed by rioters on March 1 and that their bodies had been buried in the nearby jungle. The report also states that the guardians of these four persons had pleaded with the district collector to hand them the bodies but their requests went unheeded. (Ultimately, after the DNA from Jakir Deshot’s remains was found to match that of his kin, his remains were handed over to his parents and then buried according to religious custom on August 27, 2010.)

# October 8, 2002: In response to an application by close relatives, the bodies of eight of those killed are handed over to them.

# October 29, 2002: The two separate incidents of killing are tried in a sessions court and all of the accused in both incidents are acquitted.

# September 22, 2004: An application for further investigation into the case is granted by the police.

# February 1, 2005: Some of the relatives of those killed file affidavits with the police asking that the dead bodies of their kin be handed over to them. This clearly shows that 11 months before the dead bodies had been dug up, the victim survivors had placed on record that the bodies had yet to be handed over to them by the police.

# December 27, 2005: On receiving information from victims’ relatives, Rais Khan goes to Lunawada where it was found that several dead bodies were buried after the commission of the offence on March 1, 2002. A ‘Janva Jog’ entry is registered by the police and the statements of Rais Khan and Gulam Gani are recorded.

# December 27, 2005: The additional director general of police, Gujarat, writes to the inspector-general of police, Vadodara range, and the superintendent of police, Dahod, asking them to keep the aggrieved parties informed of the recovery and attachment of bones and skeletons, etc in order to ensure the impartiality and credibility of the police.

# December 28, 2005: A writ petition is filed in the Gujarat high court by a relative of a victim, and CJP, asking for transfer of investigations to the Central Bureau of Investigation.

# December 29, 2005: The Gujarat high court directs the CBI to collect the human remains that have been recovered and send them to a laboratory in Hyderabad for DNA analysis. The court also orders relatives of the deceased to cooperate in the DNA testing process by giving blood, etc.

# January 2, 2006: With a view to preventing them from cooperating with the CBI in giving blood samples, etc for the DNA tests, the Lunawada police register an FIR against the relatives of the deceased, charging them with illegal digging of the bodies. The time at which the FIR was filed, 1:30 a.m., indicates that it was filed with deliberate intent to pre-empt the efforts of victim survivors in getting justice. It is only after assurances are given by the CBI officers that the relatives provide blood samples for DNA matching; the local police were asked not to arrest the accused named in the FIR.

# April 18, 2006: After the accused were arrested and released on regular bail as was required under the conditions of the anticipatory bail order, the police applied for remand of the victim survivors and because the victim survivors could not be present on the required date, the local court issues non-bailable warrants against them.

# December 8, 2006: The Gujarat high court orders a stay on proceedings in the case in response to a petition filed by the victim survivors.

# August 27, 2010: The remains of eight persons, whose DNA was found to match that of their relatives, are handed over to their kin.

# November 24, 2010: The accused victim survivors who are the petitioners in the matter, Special Criminal Application No. 408/2006, withdraw the petition, as it had become infructuous without adjudication on the merits.

# December 14, 2010: Rais Khan and other co-accused surrender themselves to the police and make a statement under Section 164 of the Code of Criminal Procedure (CrPC). The timing of this incident is significant, as this happens around the time Rais Khan is making allegations against Setalvad with regard to the Naroda Gaon and Sardarpura matters and receiving wide coverage from a section of the media led by The Pioneer.

# December 21, 2010: Rais Khan and the co-accused are granted regular bail by the magistrate, Lunawada. Khan makes public his desire to see Setalvad arrested. This reveals the impunity that he enjoys within Gujarat.

# February 15, 2011: Setalvad is granted anticipatory bail by the additional sessions judge, Panchmahal.

# March 18, 2011: The investigating officer issues summons under Section 160 of the CrPC, asking Setalvad to be present at the Lunawada police station on March 25. Setalvad replies, requesting the investigating officer to consider the provision of Section 160 of the CrPC which specifies that being a woman, her statement as a witness was required to be recorded at her residence, in Mumbai. Mysteriously, the investigating officer is suddenly transferred.

# April 3, 2011: In the same charge sheet filed against all the accused who were earlier arrested and then released on bail, strangely, Setalvad is mentioned as an “absconder”.

# April 28, 2011: Setalvad again receives summons from the investigating officer asking her to be present at the Lunawada police station. She replies.

# May 9, 2011: Setalvad receives another summons asking her to be present at the police station on May 31, with no correction having been made in the charge sheet.

It was this attitude of the Lunawada police that forced Setalvad to file a petition in the Gujarat high court. The petition pointed out that as a human rights activist, she and her organisation had every right to provide legal aid to the poor victim survivors of Pandharwada. Pointing to the devious intent of the police, she underlined that they had initially opposed her application for anticipatory bail which was however granted by the additional sessions judge, Panchmahal. The police then issued a witness summons to her and in less than two weeks’ time she was inexplicably turned from a “witness” into an “absconding accused”. From all this it was evident that the police were engaging in blatant abuse of the law in a brazen attempt to illegally detain or arrest her.

As already mentioned above, through its order of May 27, the Gujarat high court quashed the charge sheet that had named Setalvad as an “absconding accused”. Setalvad is now planning to move the Supreme Court, seeking to quash the FIR itself.

The state has persistently maintained that the mass burial was not an illegal dumping. It further claims that it had followed proper procedure in carrying out the mass burial in forest land by the Paanam river. But the panchnama of the original crime does not list the skeletal remains. So legally speaking, this disproves the version proffered by the Gujarat state and its police. Victim survivors and rights activists have pointed out that Lunawada has a large kabristan (graveyard) spread over more than 100 acres of land. Hence, even assuming that the Gujarat police could not trace relatives, why did they need to so callously dump the victims’ remains in riverside land instead of giving them a dignified burial in the kabristan? Why dump them in an obscure spot outside Lunawada town rather than handing them over to community leaders for a dignified burial?

The worst aspect of the belated attempt to falsely implicate Setalvad is that it hides the inhumanity that compounds the criminality of the Gujarat police. Having waited for years, relatives of the deceased – thanks to their own efforts and the order of the Gujarat high court – were at last able to establish the identity of their dead relatives in 2005-2006.

But it was only after a Supreme Court order in February 2008 and a subsequent order of the trial court in December 2008 that a proper burial was finally conducted in August 2010 i.e. eight years after the brutal massacre.

Given the seriousness of the charges against the Gujarat state and its functionaries, these brazen attempts at intimidation and threat need to be seen for what they are. There is no guarantee that more false cases will not be cooked up by a vindictive state government in the coming days and weeks. After Tehelka scooped the SIT report indicting Modi (‘Here’s the smoking gun. So how come the SIT is looking the other way?’, February 12, 2011), IPS officer Rahul Sharma was served with a show-cause notice for placing crucial telephone records before the Nanavati-Shah Commission and the SIT. Clearly, the Gujarat government is worried that offences could be registered against its chief functionaries for not only aiding a massacre in 2002 but thereafter destroying evidence and subverting the course of justice by doing all they can to intimidate victim survivors and human rights groups who have stood by them.

The malicious campaign against Setalvad was initially launched in May 2009 by the Gujarat government’s counsel in the Supreme Court. Now, in Rais Khan, they have found a convenient ally. As stated at the beginning of this report, the objective of this campaign is plain and simple: to derail the trials, subvert the course of justice and thus escape conviction.

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Friday, April 22, 2011

Modi said Muslims be taught a lesson: Sanjiv Bhatt -TwoCircles.net


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Modi said Muslims be taught a lesson: Sanjiv Bhatt

Submitted by admin on 22 April 2011 - 9:14pm
Sanjiv Bhatt’s affidavit: main points

I am filing this affidavit to bring on record certain aspects concerning the enquiry/investigation being conducted by the Special Investigation Team (SIT), appointed by this Hon’ble Court.


I am a Post-Graduate from the Indian Institute of Technology, Mumbai. After completing my post-graduation, I joined the Indian Police Service (IPS) in 1988 and was allotted to the Gujarat cadre.

I was posted as the Deputy Commissioner of Intelligence, State Intelligence Bureau, Gandhinagar, from December 1999 to September 2002. This was the post I was occupying at the time when the 2002 Gujarat Riots took place.

I respectfully state that owing to the post I was occupying in the State Intelligence Bureau, I came across huge amounts of intelligence and information pertaining to the events that had transpired prior to, as well as during the Gujarat Riots of 2002.



"Many serious incidents of communal violence, including the carnage at Gulberg Society, could have been easily prevented by firm and determined action on part of the Police." [TCN Photo]

On Narendra Modi:

The information and documentary evidence, which I have already shared with the SIT, can throw light on the real nature of events that led to the incident of burning of the S-6 Coach of the Sabarmati Express at Godhra on 27th February 2002 and the larger conspiracy and official orchestration behind the subsequent Gujarat Riots of 2002.

On being summoned by SIT for the first time in November 2009, I had provided the SIT with certain relevant information and documents, including original floppy discs containing the entire cell phone/cell-site records of Godhra Town for 26th and 27th February 2002; as well as the original print-outs of very important call records of certain high-ranking functionaries of the State for 27th and 28th February 2002.

I was present at the meeting called by the Chief Minister on the late night on 27.2.2002 and was personally aware about the instructions given thereat and the events that transpired thereafter. I had also provided the SIT with verifiable details regarding the on-going cover up operation; including the contemporaneous efforts made by high official of the State administration to undermine the proceedings of Writ Petition (Civil) No. 221 of 2002., which was pending before this Hon’ble Court in 2002.

Upon my request, the SIT provided me with a relevant portion of the transcript of my testimony, pertaining to the instructions given by the Chief Minister, at the conclusion of meeting helf on 27-02-200, where it was tried to impress upon him that the decision to bring the dead bodies to Ahmedabad and the BJP announcement of the supporting the VHP Bandh Call would definitely lead to outbreak of communal violence in Ahmedabad and across the state; and the Gujarat police did not have the manpower resources to deal with such a situation. The relevant portion of the transcript of my testimony, as recorded and provided to me by SIT, read as follow.
”The Chief minister Shri. Narendra Modi said that the bandh call had already been given and the party had decided to support the same, as incidents like the burning of Kar-Sevaks at Godhra could not be tolerated. He further impressed upon the gathering that for too long the Gujarat Police had been following the principle of balancing the actions against the Hindus and Muslims while dealing with the communal riots in Gujarat. This time the situation warranted that the Muslims be taught a lesson to ensure that such incidents do not recur ever again. The Chief Minister Shri. Narendra Modi expressed the view that the emotions were running high amongst the Hindus and it was imperative that they be allowed to vent out their anger.”
The effects of these directions given by the Chief Minister were widely manifested in the half-hearted approach and the evident lack of determination on the part of the Police while dealing with the widespread incidents of orchestrated violence during the State-sponsored Gujarat Bandh on 28th February 2002 and also during the weeks that followed.

I state and submit that, I had numerous meetings presided over by the Chief Minister, even before 27th February 2002 and continued to do so thereafter as well.

On SIT:

I have time and again tried to bring these facts to the notice of the Special Investigation Team but they seem to be disinclined to follow-up these important leads in the course of the enquiry/investigation being carried out by them.

During the course of my deposition before SIT, there were certain other occurrences which were highly indicative of real-time leakage of information from within the SIT.

On 25th March 2011, when I again tried to bring up the issue of a larger conspiracy or official orchestration behind the Gujarat Riots of 2002, as also the ongoing attempts at cover-up, I faced unconcealed hostility from the members of SIT. This was even more obvious when I gave names of witnesses who could corroborate the fact of my having attended the said meeting with the Chief Minister on 27.2.2002.

The SIT has chosen to intimidate certain witnesses and coerce them in to refraining from stating the true facts and thereby has created an impression that the SIT is becoming a party to the ongoing cover-up operation in Gujarat.

One of the witnesses I had named, Shri K. D. Panth (Assistant Intelligence Officer with the State Intelligence Bureau in 2002) informed me that he had been called before the Special Investigative Team on 5.4.2011 and was virtually treated like an accused and was threatened with arrest and other dire consequences.



Main gate of the Gulbarga Society in Ahmedabad. [TCN photo]

Personal safety:

I was approached by a very high-level functionary in the Government of Gujarat and was sought to be appropriately briefed prior to my scheduled interaction with SIT.

My fears regarding the confidentially of my deposition before SIT was eventually confirmed as the contents of my signed deposition as well as the details of my ineraction with Shri. A. K. Malhotra and Shri. Paramveer Singh-Members SIT, were somehow available to the highest echeleons of the Government of Gujarat. As a result and consequence of the said breach of confidentiality. I was visited and continue to be visited with unpleasant consequences.

I became highly apprehensive about my security and the safety and security of my family members. In view of the perceived security threat, I requested the Government of Gujarat to provide me and my family members with adequate and fool-proof security cover. Unfortunately, the Government of Gujarat has chosen not only to disregard my repeated requests, but has time and again, sought to jeopardize my security by withdrawing even the existing make-shift and minimal security arrangement, worked out from within the meager resources at my disposal.

I have serious and well-founded apprehensions regarding my own safety and and the safety and security of my family members.

Why this affidavit:

I am constrained to take the liberty of filing this Affidavit before this Hon’ble Court to bring on record certain disquieting aspects and inadequacies in the manner and approach of the SIT, personally experience by me during my interaction with the SIT.

As Deputy Commissioner (Intelligence) with the State Intelligence Bureau, during the Gujarat Riots of 2002, I was privy to a plethora of information pertaining to the facts and circumstances that led to and facilitated the communal carnage that took place in Gujarat in 2002. I did not bring these facts to light earlier due to the fact that I was privy to this information in my capacity as an officer of the Intelligence Bureau and was not expected to divulge the details unless under a legal obligation to do so.

Many serious incidents of communal violence, including the carnage at Gulberg Society, could have been easily prevented by firm and determined action on part of the Police.

I therefore request that this Hon’able Court be pleased to ensure that the SIT follows up on all the leads provided by me in such a manner that even reluctant witnesses feel safe and confident to state the truth. It is further requested that the Government of Gujarat and the authorities under its control may kindly be restrained from pressurizing witnesses with a view to prevent the truth from coming out.
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TCN made certain portions in bold to draw attention to those texts. For the full affidavit click here: http://twocircles.net/files/Sanjiv_Bhatt_statement.pdf

SanjivBhattaffidavi

Friday, February 11, 2011

GUJARAT RIOTS: "I WAS THERE. NARENDRA MODI SAID LET THE PEOPLE VENT THEIR ANGER' : DIG SANJEEV BHAT

http://www.tehelka.com/story_main48.asp?filename=Ne190211EXPLOSIVE.asp

.

‘I was there. Narendra Modi said let the people vent their anger’

DIG Sanjeev Bhatt knows the terrible truth about Gujarat 2002. ASHISH KHETAN has his explosive revelations. Will the Supreme Court take it on record?
PHOTO: INDIAN EXPRESS ARCHIVE

CHIEF MINISTER Narendra Modi’s interrogation by the Supreme Court-appointed Special Investigation Team (SIT), published in TEHELKA last week, (The Artful Faker), was a class act in tactical evasion. But Modi made one slip. On the evening of 27 February 2002, after the terrible Sabarmati train carnage in Godhra, Modi had called a ‘law and order meeting’ at his residence, at which, in an unforgivable act, he is infamously reported to have told his officers, “Let the Hindus vent their anger.” The signal was sent. The mayhem that followed is history.

In March 2010, when asked by SIT inquiry officer AK Malhotra about who was present at this meeting, Modi named seven bureaucrats and officers. Then, he singled out one police officer: Sanjeev Bhatt, deputy commissioner of internal security in the State Intelligence Bureau (SIB).
Malhotra had asked Modi who was present at the meeting, not who was absent. But curiously, after he had listed the names of those present, Modi volunteered this unnecessary and unprompted piece of information: Sanjeev Bhatt, DC (Int) was not at the meeting, he said, because it was a “high-level meeting”.

It is significant that Modi unilaterally tried to disown and discredit Bhatt’s presence at the 27 February meeting because two months earlier, as officer after officer had pleaded amnesia about the proceedings at the meeting, just one officer had told the SIT team that if the Supreme Court were to summon him, or if a criminal case were to be registered, he would testify and tell the truth of what he heard at that meeting. That officer was Sanjeev Bhatt.
‘As I looked through the charred debris, my shoes were encrusted with a thick paste, a mix of burnt flesh and soil,’ says Bhatt

It is also significant that neither Modi nor others refute the fact that Bhatt was present the next morning at another highlevel law-and-order meeting called by the chief minister (at which no infamous thing was said). Or, indeed, at several other lawand- order meetings chaired by the chief minister in the weeks to come. If he was not too junior to attend a meeting on 28 February then, why was he too junior to attend one on 27 February?

What does Sanjeev Bhatt know that Modi would like to discredit?

When Sanjeev Bhatt was summoned by the SIT in January 2010, he deposed for two days before them.

“As I was surveying the torched building and the compound, alongside the heaps of charred remains, what looked like a mix of household objects and decomposing bits of human flesh, I came upon a half burnt Encyclopaedia Britannica. I picked it up and wiped off the soot deposited on it with my handkerchief. Inside the book, at the top on the first page, the name Ahsan Jafri was written with a flourish. For a few moments I kept staring at the name, admiring the stylish handwriting. Though I had never known or met Jafri in my life, in his handwriting I could see that he must have been a cultured and learned man,” Bhatt, 47, told the SIT.

Bhatt was describing the heartrending scene he saw on his visit to Gulberg Society two days after a Hindu mob had killed 69 Muslims in this building. Among the dead was former Congress MP Ahsan Jafri. He was 64 at the time and his body and the bodies of 37 other victims were hacked and burnt beyond recognition and thus could never be identified: they were all buried en masse. The bodies of only 31 victims were identified, some by their mangled remains, some through the few discernible pieces of clothing that had remained unburnt.
The SIT calls Modi partisan and communal but refuses to probe further. It forgets that if he had been fair, it would have saved lives

“My thoughts immediately went back to my childhood,” Bhatt continued. “In those days there was no internet and for any reference material I would have to cycle to the nearest library. As a student it was my desire to own a copy of Encyclopaedia Britannica. And here it was lying half burnt, in a heap of charred human remains before me.” After a moment, he added, “The stench was nauseating. In many parts the soil was crusted with a thick charcoal like paste, perhaps a mixture of burnt human flesh and sundry other things. The soles of my shoes got plastered with that substance. I haven’t worn those shoes since neither have I cleaned them.”

Bhatt had other things to tell. It was agonizing, he said, to see the impunity with which violent mobs had gone about the city unleashing terror.

“Two days after the Godhra train incident,” he told the SIT, “I was passing by Saraspur area. To my right I saw a mob trying to demolish a masjid known as Mancha Masjid. I told my driver to stop. The moment I stepped out of the car, the mob started dispersing.”

Police and mobs don’t sit well together, Bhatt added. But during the 2002 riots that’s exactly what happened. As sections of the Gujarat police morphed into a cheering crowd on the sideline, Hindu mobs went on a killing spree. “It takes decades for a building to be reduced to ruins. The Gulberg Society was turned into wreckage in a span of few hours,” he said.

Some of what Bhatt told the SIT was recorded in a typed statement, a copy of which is now before the Supreme Court. But it’s what Bhatt told the SIT cops offthe- record that paints the true picture of the Gujarat riots.

IN ITS cover story last week (Here is the smoking gun, 12 February), TEHELKA had exposed how the SITwas unwilling to prosecute Modi and other senior officials and ministers, despite recording an overwhelming body of evidence that showed that both Modi himself, and his government, had behaved in a dangerously communal manner at the peak of the riots, had illegal positioned politicians in police control rooms, persecuted neutral officers, appointed Sangh members as public prosecutors and destroyed police wireless messages and minutes of crucial law and order meetings. Yet, the SIT had concluded, all of this was not sufficient grounds to investigate Modi further “under law”.
The SIT team had also reported that the most serious allegation against Modi — his alleged instruction to senior administrative and police officials that Hindus should be allowed to vent their anger — could not be substantiated. Inquiry officer Malhotra reported that such a meeting had indeed been held on 27 February, but none of the officers present, save Sanjeev Bhatt, would testify about what had transpired at the meeting. (Curiously, two claimed amnesia; four denied Modi had made such a statement; one denied he had been part of the meeting.) Malhotra also noted that most of these officers did not seem to be speaking their minds, either because they had been rewarded by the Modi government with choice postings, or because they were still in its service and feared the fall-out.

However, in an explosive detail that can have far-reaching consequences if the Supreme Court decides to pursue it, on page 149 of his report, Malhotra also noted that “Sanjeev Bhatt, the then DC (Int), has claimed off-the-record that the CM did utter these words.”

This opens up space for some urgent questions. What exactly did Sanjeev Bhatt tell the SIT “off-the-record”? Why did he choose not to put it on record? And what impact will it have if it is put on the record? First, read what Bhatt told the SIT.

“There is a lot of anger in the people. This time a balanced approach against Hindus and Muslims will not work. It is necessary that the anger of the people is allowed to be vented.” These, according to Bhatt, are the exact incendiary words Modi had spoken at the meeting and which Bhatt later scribbled down in a personal notepad he maintained during the riots.

When Bhatt made this revelation, Malhotra had jumped out of his chair. “You are the first man who has dared to speak the truth,” he said and took Bhatt by his hand to the cabin of his senior officer Paramvir Singh, a former special director of the Central Bureau of Investigation, who was supervising the probe against Modi at the time. Singh, too, was reportedly delighted to find a witness ready to stand his ground and speak the truth.

Bhatt then described the ground floor room where the meeting occurred. He also told Malhotra and Singh that though the then BJP MLA Haren Pandya was not part of the meeting, he was present in one of the adjoining rooms in the CM’s bungalow while the meeting was going on.

(About two and a half months after the riots, on 13 May 2002, Pandya had deposed before two retired judges — Justice PB Sawant and Justice Hosbert Suresh — that ‘he had attended a meeting on 27 February 2002 night at the residence of Modi in which the latter had made it clear that should there be a backlash from the Hindus the police should not come in their way.’ Pandya was murdered mysteriously a few months later.)
Vanished lives Late Ahsan Jafri, heavy on the country’s conscience; Zakia Jafri, still fighting
PHOTO (RIGHT): TRUPTI PATEL

Both Justices Sawant and Suresh have testified before the SIT confirming Pandya’s deposition before them, implicating Modi. Now, Bhatt’s version of events coupled with the existing evidence pointed towards a strong possibility that on the night of 27 February, Modi had convened two meetings — one administrative and the second political — and on one hand gave VHP and BJP leaders a fatal signal to mobilise riotous mobs and on the other hand instructed the police machinery to turn a blind eye.

(In 2007, in another corroborative detail, the then Godhra BJP MLA and a rabid Bajrang Dal leader, Haresh Bhatt had also told this reporter in the course of an undercover investigation that Modi had given rioters approval to run amok for three days. Arvind Pandya, the Modi government’s special prosecutor in the Justice Nanavati- Shah Commission, was also captured on a spy-cam saying it was Modi’s strong leadership that had made the post-Godhra pogrom possible.)
Bhatt told the SIT officers everything that transpired at the meeting but declined to put it on record because the ongoing SIT probe was merely a preliminary enquiry and not a criminal investigation under the Criminal Procedure Code of India.

“He has stated that he attended this meeting in his capacity as an intelligence officer, and as per his belief, it would not be professionally appropriate on his part to divulge the exact nature of discussions that took place during the said meeting. However, he would be duty bound to disclose the same to the best of his recollection and ability, as and when he is required to do so under legal obligation,” Malhotra noted in his report. (Bhatt is presently a DIG with the State Reserve Police Training Centre.) The understanding was that if an FIRwas filed later, Bhatt’s initial statement could be expanded into a full disclosure, recorded under Section 161 of the CrPC.

Though this one statement, if proved, should be enough indictment against Modi, there are other damning things Bhatt told the SIT team off-the-record.

In a damaging written statement, which is now with the Supreme Court, Bhatt had recorded how the SIB was flooded with a deluge of intelligence after the Sabarmati tragedy, indicating that the VHP, Bajrang Dal and other Hindutva organisations could incite communal violence in Ahmedabad and other districts in Gujarat. He had also recorded that all the while mobs were mobilising at Meghani Nagar and surrounding Gulberg Society, the SIB was consistently receiving and passing on field intelligence to the office of the then DGP K Chakravarthi and then Commissioner of Police of Ahmedabad, PC Pande about the dangerous build up.

But what Bhatt told the SIT off-therecord is even more shocking.

Bhatt told Malhotra that he did not only pass this information to the DGP and Commissioner: he also spoke directly with the office of the chief minister himself.

“Initially I kept passing the reports of a mob build-up near Gulberg Society to DGP K Chakravarthi and Commissioner PC Pande. But I found Pande was not bothered at all,” Bhatt said.

“Then I went to the office of DGP Chakravarti and told him to somehow prevail upon Pande to at least announce curfew in Naroda and Meghani Nagar. After much dithering, Pande announced curfew sometime post noon. But the order existed only on paper. On the ground it was never implemented. The mob at Gulberg was not dispersed until 4.30 pm,” Bhatt said.

“Since the curfew was never imposed, the crowd at Gulberg kept multiplying,” he continued. “Finally, when I saw that Pande was not budging at all, I made Chakravarthi speak to Pande on the phone. But to my utter shock I found Pande was still not willing to act,” Bhatt reportedly told Malhotra.
‘Intelligence was pouring in. Pande refused to act. I realised Modi’s signal had percolated through the police machinery,’ says Bhatt

“It was at this point that I called up OP Singh (Modi’s personal secretary) and spoke to him. I explained the gravity of the situation at Gulberg Society to him and told him to communicate immediately to the chief minister that if the police didn’t act immediately, the mob would set the society on fire and kill dozens of Muslims including former Congress MP Ahsan Jafri,” Bhatt said.

According to Bhatt, after his call to Modi’s secretary he waited a while to see if the city police would finally act. But, terrifyingly, there was still no response. “At this point I got convinced,” Bhatt told Malhotra, “that Modi had really meant what he had said the night before and his message had percolated down to a large section of the police machinery.” According to Bhatt, Chakravarthi had wanted to act but he was helpless. The city police was under Pande and he was not ready to do anything.

Given the way other senior officers had evaded questions about that fateful meeting at the chief minister’s residence (See TEHELKA story The Smoking Gun), Bhatt was the only hope for the SIT in its quest for the truth. But between January, when Bhatt deposed before the SIT, and May 2010, when SIT submitted its report to the Supreme Court, things changed dramatically. In the last week of February 2010, Paramvir Singh quit the probe team citing personal reasons. Malhotra alone drafted the 600-odd page inquiry report which he submitted before the court in May 2010. And instead of recommending the registration of an FIR and full-fledged investigation (as Bhatt had thought the SITwould do), the SIT came to conclusions that contradicted the very findings on which they were based.

Raghavan and Malhotra reprimanded Modi for being unfair, partisan, communal and immoral but — inexplicably — claimed this was not sufficient ground for a further and more stringent investigation against him. They seemed to forget that non-partisan and fair conduct from Modi could have saved the lives of hundreds of innocent men, women and children whose only crime was that they were Muslims in a state run by him.

THERE ARE many other questions the SIT must answer. Why didn’t it keep a written account of everything Bhatt told them off the record for future reference? Doesn’t the Supreme Court have the right to know Bhatt’s full off-the-record deposition? Why did Malhotra only mention a small portion of it? Equally, did Malhotra follow up on the leads and inputs provided by Bhatt? If not, what was the purpose of making him depose for over two days? What efforts did Malhotra make to corroborate Bhatt’s version of events besides asking the top rung of the bureaucracy and police, who are themselves cited as accused in Ahsan Jafri’s wife Zakia’s complaint? Why did he not go down the ladder to lower level police personnel to know from them what was happening on the ground?

TEHELKA has managed to track down one independent witness who has corroborated Bhatt’s claim of having attended the 27 February evening meeting. This witness is one more proof of the shoddiness of the SIT probe. Proof of all the unturned stones; the work waiting to be done if there is the will for it.

But before we get to that, take a look at what was happening behind the scenes in the corridors of power, even as hundreds of Muslims were being brutalised on the streets of Ahmedabad.

Sanjeev Bhatt was the senior most deputy commissioner in the State Intelligence Bureau (there were two other DCs besides him) and was also the longest serving officer in the bureau. He was in-charge of the internal security desk and his job involved collecting, collating and analysing intelligence before sending it to senior police officers, the home minister and chief minister of the state.

On 28 February, police inspectors, subinspectors and constables posted with the SIBwere constantly sending reports to the SIB control room about the rapidly deteriorating situation in Naroda Gaon, Naroda Patiya and Meghani Nagar (where Gulberg Society was situated).

According to Bhatt’s testimony before the SIT, a SIB police inspector whose last name was Bharwad was positioned in Meghani Nagar for collecting intelligence. (Bhatt didn’t remember his first name but told Malhotra he could easily make an official enquiry with the SIB and find out.) According to Bhatt, Bharwad was sending him a ball by ball commentary of the crisis spiraling at Gulberg Society.

According to Bhatt, Bharwad told him over the phone that local VHP and Bajrang Dal leaders kept shouting abusive anti- Muslim slogans for several hours outside Gulberg Society, inciting and mobilising the mob. Many VHP and Bajrang Dal members from Meghani Nagar were part of the mob, but tempos, cars and motorcycles carrying rioters from other localities also kept pulling in, adding to the numbers. Most of the Bajrang Dal activists were carrying tridents in their belts, a small number were carrying firearms. But the most preferred weaponry was gas cylinders and cans filled with petrol and diesel.

For several hours, hundreds of Muslims who had taken shelter in Gulberg — thinking that a society housing a Congress leader would be safer — made desperate calls to friends, relatives and the police, pleading to be rescued. But the local police remained a mute spectator. At times, it even goaded the mob into committing violence. At around 2 pm, after four hours of complete paralysis on the part of the police, the emboldened mob finally stormed the building.

“According to Bharwad, the rioters first looted the place. He also reported a few instances of rape. As Bharwad sent us these field reports, we called up the Ahmedabad police control and passed it on to them,” Bhatt told Malhotra.
“At around 2.30 pm he again called me and told me that the mob had dragged out Ahsan Jafri and had clasped his head in a sandsa (a contraption used in Gujarat to catch stray dogs). For some time the mob paraded him around, his head still clasped in the iron contraption, kicking and slashing him. Then they removed the sandsa and hacked him into pieces. Finally they made a heap of him and set it on fire,” Bhatt reportedly told Malhotra.

WHEN NARENDRA Modi was questioned by the SIT, Malhotra asked him: ‘Did you receive any information about an attack by a mob on Gulberg Society? If so, when and through whom? What action did you take in the matter?’
High handed Modi, always on guard
a policeman watches Muslim shops burn in Ahmedabad
Lest we forget Qasimbhai (foreground) who lost 19 members of his family at Gulberg

MODI REPLIED: ‘To the best of my recollection, I was informed in the law and order review meeting held in the night about the attack on Gulberg Society in Meghani Nagar area and Naroda Patiya.’

Where does the truth lie? Bhatt had told Malhotra that he had personally informed OP Singh, Modi’s personal secretary, about the ongoing Gulberg carnage. It is also important to remember that since October 2001, when Narendra Modi took over as Gujarat chief minister, he has held the post of home minister of the state. In this capacity, the Gujarat Police and state intelligence functions directly under him.

It is also important to remember that on 28 February, as the massacre at Gulberg Society ensued, the police control room was flooded with distress calls. Here are just a few wireless messages that the SIT has managed to procure.

12:20 HRS: Police Inspector KG Erda of Meghani Nagar sends a message to Ahmedabad police control room that a mob of around 10,000 had surrounded Gulberg Society and was pelting stones and also trying to set it on fire. Erda requested for additional forces.

12:38 HRS: A police mobile van stationed near Meghani Nagar sends a message to Ahmedabad police control room that Gulberg Society had been surrounded by a mob of 4,000 to 5,000 people.

14:05 HRS: Joint Commissioner Sector 2, MK Tandon sends a message to police control room that Ahsan Jafri had been surrounded by a mob and additional forces should be dispatched.

14:14 HRS: KG Erda sends another message to Ahmedabad police control room that a mob of 10,000 people was about to set Gulberg Society on fire and ACP, DCP and additional forces be sent immediately.

14:45 HRS: KG Erda sends yet another message that the society had been surrounded from all sides and the mob was about to set it on fire.

15:45 HRS: Tandon sends a message to control room enquiring if there was any incidence of violence at Gulberg Society (by this time the carnage was in full swing).

Just this tiny sample of messages is proof that the police were fully aware of what was going on but did little to disperse the mobs, except exchange messages. It is also important to note here that the SIT report says that the original police control room records are missing and that ‘the Gujarat government has reportedly destroyed the police wireless communication of the period pertaining to the riots.’

Isn’t just this — the destruction of official records — sufficient grounds for further investigation?

From 12.30 pm to 3.45pm, no reinforcements were sent. Tandon only reached the spot around 4:30 pm to clear the bodies. Erda has already been booked by the SIT in the Gulberg Society case. SIT has also accused Tandon and the then DCP of the area PB Gondia of willfully allowing the carnage and is investigating their role further. But, inexplicably, the SIT has not indicted PC Pande, the Commissioner of Police, Ahmedabad at the time.

Yet, here’s the obvious question: what did Pande do about the constant stream of reports, both from the local police and the SIB, about the mob build-up? (A few wireless messages that the SIT has managed to procure and quoted in its report show that Pande had apparently instructed a few officers to reach the spot but he never followed up on his own orders to find out if they were complied with.) This, coupled with Bhatt’s account that Pande deliberately did not pay any heed to his intelligence inputs, nails Pande’s culpability. There is also the plain, bald fact: why did no senior officers or reinforcements reach the spot?

Pande was one of the officers present in the infamous February 27 meeting at the CM’s residence. He also received around 15 calls from the chief minister’s office around the time the massacres at Naroda and Gulberg were underway. The natural question that arises is what did Pande discuss with the chief minister and his aides while these terrible massacres were on? In a constitutional state, the chief minister would have asked Pande what he was doing to ensure the safety of citizens and instructed him to take urgent measures. If Modi claims, as he has done in his interrogation session with the SIT, that he didn’t even know about the massacres till later that night, should one accuse him only of a communal mindset or also add plain inefficiency and incompetence?

In an interesting codicil, after his retirement in 2009, Pande was appointed as chairman of the Gujarat Electricity Regulatory Commission — a post-retirement benefit he continues to enjoy.

ACCORDING TO SIT sources, besides narrating his first-hand account, Bhatt also submitted a few intelligence reports prepared during the riots to the SIT.

A few reports, dated February 27, soon after the Sabarmati train carnage news broke, show that the state government had a mountain of intelligence which clearly showed that VHP and Bajrang Dal leaders and cadres were preparing for communal violence on February 28.

A report named DIR/2/COM/Precaution/ 72/2002 dated 27.02.2002 said: Information has been received that in respect of the Godhra incident, VHP has called for Gujarat bandh on 28.02.2002. In that respect the VHP has called for a meeting at its Ahmedabad office to chalk out future activities and strategies. In this regard necessary watch needs to be kept and any information so received must be transmitted.’

In another message to all district police the SIB said, ‘The situation arising out of bandh call needs a strict vigil from the police units to avoid any untoward incident.’

Yet another message, numbered D-1/9- HA, alerted all police commissioners and district SPs that after the Godhra incident the people of minority community travelling by public transport and cars may be targeted to take revenge.
Bhatt also submitted a few reports which had warned the government very early on the morning of February 28 about the mobilisation of mobs by Hindutva organisations. Again, the reports were sent to the chief minister’s office.

For instance, a report named C/Precaution/ 177/2002, dated 28.02.2002 and marked to the CMO and MOS (Home), states: ‘Some members of Bajrang Dal and VHP have been found to be part of the mobs at different places. They are moving on motorcycles and are attacking autorickshaw drivers who belong to the minority community. They are also attacking poor people of other professions from the minority community and thereby causing serious injuries. It is hereby directed that police must take extra precautions in respect of such vehicles and people.’

There are other glaring crevices between official statements and the truth. Contrary to the Modi government’s claim that there were no funeral processions of the victims of the Sabarmati train carnage paraded in Ahmedabad, the intelligence reports submitted by Bhatt show that funeral processions were indeed taken out in Ahmedabad. This lends credence to the allegation that Modi deliberately had the bodies brought from Godhra to Ahmedabad to fuel the communal frenzy.

A REPORT named C/Dir/ Shamshan yatra/ 176/2002 dated 28.02.2002 and marked to Modi’s office and senior police officers states: ‘In respect of the incident at Godhra in which the funeral procession of identified bodies of dead karsevaks is likely to be taken out from the Sola Civil Hospital. In this procession a large number of people are expected to participate and during and after the processions there is a likelihood of disturbances.’
Cover-up team? Then Police Commissioner, Ahmedabad, PC Pande; Additional DG Police, Geeta Johri
PHOTOS (L TO R): INDIAN EXPRESS ARCHIVE, AP

Bhatt also gave the SIT a series of intelligence reports suggesting that a large number of bodies were dumped in a well at Naroda Patiya then covered with debris so nobody would get suspicious. His reports also show that when an SIB inspector tried to probe further, somebody planted a dead pig in the well as a decoy for the foul stench and derailed the search. (It is significant to remember that one of the prime conspirators of the Naroda Patiya massacre, Babu Bajrangi had told this reporter during TEHELKA’s undercover story that many bodies were disposed off in wells to bring down the official death toll.)

Human rights activists like Teesta Setalvad have been petitioning the government and the courts for eight years to excavate the well at Naroda Patiya. When the probe was transferred to the SIT, these activists reiterated their plea but the SIT bought the Gujarat government’s explanation without further probing.

All of this emerges from just a few reports that Bhatt managed to procure. In a move that can only be construed as a cover- up, the Modi government did not provide the SIT with any documents related to intelligence or law and order meetings pertaining to the riots. The government also refused to share the security logs of the chief minister and other senior officials which would have shown their movement during the riots.

Apart from Bhatt, there are only two other police officers who have provided the SIT with crucial documents that could nail the Modi government.

Former ADGP (Int) B Sreekumar gave the SIT a huge volume of intelligence reports on how arms and bombs were smuggled in Ahmedabad during the riots and how the Modi government didn’t take enough security measures for the karsevaks before the Godhra train incident. Both Bhatt and Sreekumar were shunted out of the SIB by the same order on the same date: 18 September 2002. Sreekumar was superseded and had to fight a case to get his pension; Bhatt has not been given one executive posting for the past eight years.

IPS officer Rahul Sharma who gave the SIT cellphone data records of senior ministers, bureaucrats and police officers for the period pertaining to the riots was served a show cause notice by the Modi government last week for producing these records before the SIT without its permission. (See box)

The SIT report has recorded many instances of how upright officers were persecuted by the Modi government after the riots. Clearly, that intimidation continues.
Tehelka has managed to track down a new witness. If a magazine can make the effort to verify Bhatt’s claims, why can’t the SIT?

The SIT report – under whatever compulsion it may have felt – has tried to deflect Sanjeev Bhatt’s claim that he was at the February 27 meeting and that he had gone there on the insistence of DGP Chakravarthi. But TEHELKA managed to track down Tarachand Yadav, 50, a Gujarat police head constable, who was Bhatt’s driver during the riots. Yadav told TEHELKA that on February 27, 2002, Bhatt left office at around 8 pm, after which he drove Bhatt to his home at Drive-In Road, Ahmedabad.

‘Sahab went jogging and returned after an hour or so. I had finished my dinner when sahab again came out and told me that we had to go back to Police Bhawan at Gandhinagar. When we reached DGP sahab’s car was already parked outside. Sahab got into DGP sahab’s car and told me to follow. We drove to CM Bungalow in Gandhinagar. DGP sahab and Bhatt sahab went inside. There were other cars also parked outside the bungalow. After about half an hour Bhatt sahib came out and I drove him back to Police Bhawan. Sahab must have worked in the office for another hour or so after which I drove him back home.’

TEHELKA is ready to provide the SIT and, if asked, the Supreme Court a copy of Yadav’s recorded version of events.

But the moot question is, if a newsmagazine can make the effort to cross-check and verify Bhatt’s claims, why didn’t the SIT — mandated by no less than the Supreme Court of India — take more trouble to get to the bottom of one of the most violent ruptures in our nation’s recent history?

Can a lax probe of this nature – which has itself listed all that it has not done — ever hope to unravel the truth behind the killing of over 2,000 innocent people? Will Gujarat remain a festering wound, providing extremists in both the Hindu and Muslim communities a pretext to indulge in more horrific acts of violence? Will no corrective lesson go out to all those leaders and officers who failed in their duty? Or will the Supreme Court intervene forcefully in the riot victims’ despairing quest for justice?

All eyes are now on the three judge bench which will convene on March 3 and deliver its much anticipated verdict.

ashish.khetan@tehelka.com


LAST MEN STANDING

The persecution of upright officers continues even now, finds ANUMEHA YADAV

A KEY POINT of the SIT report on the 2002 riots was that it affirms that the Narendra Modi government persecuted police officers who tried to stop the violence. Their persecution is still on.
On 5 February, the government issued a notice to senior IPS officer Rahul Sharma asking how and why he submitted phone records of senior politicians and bureaucrats during the riots to inquiry commissions without approval. In its notice, nine years aer the riots, it asked Sharma why action should not be taken against him.

“The government is trying to discredit Sharma and intimidate him. It destroyed all original evidence and now it is trying to discredit the records Sharma has submitted,” says lawyer Mukul Sinha of Jan Sangharsh Manch.

The Modi government did not keep any records or minutes of the crucial meetings it held during the riots, something the SIT has raised a question over.

Sharma, a 1992 batch IPS officer now posted as DIG Rajkot, was DCP (control room), Ahmedabad, in April 2002. Investigating the violence at Naroda Patiya and Gulberg Society, he collected data from AT&T and CelForce mobile service providers of all calls received and made in Ahmedabad during this period and handed over these to the Crime Branch. These CDS containing phone records of senior ministers, police officers, and members of RSS and VHP to each other were subsequently “lost”. But while deposing before the Nanavati Commission set up in March 2002 to inquire into the riots, Sharma submitted a copy of this CD that he had preserved.
Obstructed IPS officers Satish Verma (top) and Rahul Sharma

These phone records have been one of the most significant pieces of evidence in nailing the guilty, including the arrest and the cancelling of anticipatory bails of Gujarat VHP president Jaideep Patel and minister Maya Kodnani in 2009, and in the investigation into the killing of Congress ex-MP Ahsan Jafri and 30 others at Gulberg Society. The CDS are vital pieces of evidence in the Naroda Patiya violence in which 105 Muslims were killed by official count.

But scuttling any effort for fair investigations seems to be the norm in Gujarat. A week before Sharma received his notice, another senior IPS officer, Satish Verma, member of a separate SIT set up to inquire into the 2004 Ishrat Jehan encounter, flagged that he was being restricted from pursuing leads in the case. Verma, one of three police officers probing this encounter allegedly carried by Gujarat police officers to please their political bosses, submitted an affidavit citing instances of interference.

In an 80-page affidavit in the Gujarat High Court on 28 January, Verma described how obvious forensic evidence had been ignored by a previous SIT set up by the Gujarat government in 2009, including bullets in Ishrat’s body that did not match the weapons the police claim were used in the encounter. Verma described how Mohan Jha, a Gujarat cadre officer, who was also a member of the previous SIT, and Karnail Singh, a Delhi cadre officer, deliberately forwarded the retraction of a key witness to the HC without any comments to create doubt and ambiguity. Verma disclosed how Jha, who is the current JCP, Detection of Crime Branch (DCB), tried to put 26 police officers directly under himself in the Special Operations Group last month, claiming they were needed for security in the Vibrant Gujarat summit. All 26 were with the DCB on the day of the encounter.

“Verma says he had started maintaining an official note on what is going on in the SIT in December, 19 days aer the SIT began work. This shows he saw the need to put the irregularities on the record and anticipated that his efforts for a fair investigation would be obstructed. It shows how twisted this attempt to investigate these fake encounter killings is,” says a senior police officer, requesting anonymity.

anumeha@tehelka.com

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