Amicus Curiae Nails Modi for 2002 Riots
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- Current News
- Monday, 07 May 2012 19:38
- Published on Monday, 07 May 2012 19:38
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Gujarat Global News Network, Ahmedabad
Amicus Curiae Raju Ramchandran has made some very critical remarks on the SIT’s report on the Gulbarg Massacaare and the role of CM Narendra Modi. The report was made available to Jakia Zafri, wife of ex-MP Ahesan Jafri who was murdered in the Gulbarg Society Massacaare in 2002.
The Raju Ramchandran’s report has been divided into 3 heads based on sets of allegations made. The first part of it relates to the alleged involvement of CM Narendra Modi, in the communal riots. The second part relates to the alleged role of the police officials at the time of the riots, the faulty investigation of the riot cases and the faulty prosecution of the accused. The third part deals with various other allegations made.
The most shocking is the Amicus Curiae’s statement which trashes the SIT’s clean chit to Narendra Modi. In his report, Ramchandran has clearly stated that there are a number of circumstances which prima-facie indicate that Modi’s role requires a detailed investigation. The report says, “There are a number of circumstances which prima-facie indicate that the matter requires a detailed investigation to examine the role of Modi immediately after the Godhra incident to find out if there is any culpability to the extent that a message was conveyed that the State machinery would not step in to prevent the communal riots.”
The report questions the lack of information about what the CM actually did on 28.02.2002.
Ramchandran has also observed that it may not be correct to rule out the presence of suspended IPS officer Sanjiv Bhat at the meeting held by the CM on the eve of the riots. The report also states that it is hard to believe that slain Home Minister Haren Pandya was not present at the meeting. His statement in front of Justice P.B. Sawant [Retd] and Justice H. Suresh [Retd] can be used.
The report has nailed the fact that the CM’s office was not comfortable with Pandya’s statement. An enquiry was made from CM's office as to the identity of the Minister who had deposed before the Citizen's Tribunal and that the State Intelligence Bureau had verified the identity as that of Haren Pandya.
The report is also critical of the role of Cabinet Ministers I.K. Jadeja and Ashok Bhatt who were present “The positioning of 2 Cabinet Ministers having nothing to do with the home portfolio in the office of DGP and the State Police Control Room respectively is another circumstance which reflects that there was a direct instruction from the Chief Minister……. It is obvious that the Chief Minister had positioned these 2 Ministers in highly sensitive places which should not have been done. Infact, these 2 Ministers could have taken active steps to defuse the riots, but they did nothing, which speaks volumes about the decision to let the riots happen. It does not appear that these 2 Ministers immediately called the C.M. and told him about the situation at Gulberg and other places.”says the report.
The report has also brought to notice the television interview given by Modi on 1 March 2002, that the reaction of the Hindus was due to the action by the Muslims, which seems to justify the riot. It says that the statement indicates a certain approach. The statement made by Modi cannot be seen in isolation. It has to be seen in conjunction with other facts mentioned here in above which provides sufficient justification for a detailed investigation in the matter.
Ramchandran’s report calls for a case of criminal negligence against M.K. Tandon, the Jt. Commissioner of Police, Sector-2 and that of P.B. Gondia, the DCP, Zone-VI. They had received calls from Mayaben Kodnani and Jaydeep Patel who are facing trial in Naroda massacre. It calls for action to be taken on them as per Section 304A IPC.
The recommendations are as follows.
SPECIFIC RECOMMENDATIONS FOR SIT:
1. Shri M.K. Tandon and Shri P.B. Gondia be prosecuted under Section 304A IPC.
2. The SIT may examine the role of the Investigating Agency in the Bilkisbano rape case and make recommendations to this Hon'ble Court, whether it reveals commission of any criminal offence or misconduct.
3. The SIT may be directed to look into the role of the Crime Branch officers, namely DCP Vanzara and ACP Chudasama as to their role in the investigation of Gulberg Society and Naroda Patiya cases.
4. The SIT may examine the role of the prosecuting agency in Best Bakery caseand recommend suitable action against those who are responsible.
5. SIT may look into the role of police officials in the Gulberg Society and Naroda Patya cases [apart from those who are already facing charges].
SPECIFIC RECOMMENDATIONS IN RELATION TO GOVERNMENT OF GUJARAT:
1. Departmental action, as suggested by the SIT, be taken against K. Kumaraswamy, the then Jt. CP Baroda City and Ramjibhai Pargi, former ACP.
2. As recommended by the SIT, departmental action be taken against Shri Tarun Bharot, Inspector and Shri G.S. Singhal, ACP Crime Branch for faulty investigation of the riots cases.
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