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Zakia Jaffery Welcomes SC Verdict

20 May, 2009 10:07:10 AM,  Twocircles.net

Ahmedabad: Welcoming the Supreme court order on Monday directing the special Investigation Team (SIT) headed by former CBI director R K Raghavan to investigate the roles of Chief Minister Narendra Modi and seven of his ministers, including VHP international general secretary Pravin Togadia as also senior bureaucrats and police officers, into the communal riots in the state from February 27,2002, to Mary 31, 2002, wife of slain ex-Congress MP Ehsan Jafri and human rights activist termed it a tremendous relief towards fight for justice in Gujarat.

The SC orders came on a petition filed by Zakia. According to the order, SIT has to submit its report to the apex court within a period of three months. The SIT recently completed investigations in 10 most heinous riot cases of 2002 and submitted its report to the Supreme Court. It was because of SIT investigation that Maya Kodnani, a minister in Modi’s cabinet and a senior VHP functionary Jaideep Patel were arrested and both are cooling their heels in jail.

Reacting to the order, she said: ``I have immense faith in Allah and I am hopeful that those who conspired, planned and executed the riots in which my husband Ehsan Jafri and more than two thousand others were killed in Gujarat, will get justice’’.

Zakia, who shifted to Surat after her husbands killing un Gulberg Society in Ahmedabad on Febvruary 28, 2002, is living with her elder son Tanvir Jafri, a senior executive with Larsen and Toubro.

Commenting on it, noted human rights activist J S Dandukwala said that the apex court orders was a tremendous relief to all victims of 2002 riots.

``We have always viewed Narendra Modi as a principal culprit of the killings of over 2000 people’’, he said, adding that `sadly, Modi used his political clout and administrative power to cover up his 2002 footprints’’.

"Horribly, many top industrialists and even Muslim bureaucrats like retired additional director general of police A I Saiyed and several maulanas have endorsed Modi in spite of his Hitler-like records’’, commented Bandukwala, himself a victim of 2002 riots as he was the first to be targeted when the anti-Muslim riots began following torching of Sabarmati Express train at Godhra on February 27, 2002, in which 59 passeners, all Hindus, were killed.

Senior advocate and JSM representative Mukul sinha said that he had long ago demanded before Nanavati Commission probing the godhra and post-Godhra riots to summon Modi and his ministers to quiz them for their omission and commission during the riots.

However, he expressed happiness over SC ordering probe into the roles of political bigwigs into the riots who had gone scot-free.

Zakia had for the first time sent a detailed letter on June 8, 2006, to the then DGP A K Bhargava, demanding registration of FIR against 63 persons including chief minister Narendra Modi under Section 154 of CRPC. However, her plea was not entertained.

On May 1, 2007, Zakia and Mumbai-based Teesta Setalvad of Citizens for Justice and Peace(CJP) filed a petition in the Gujarat High Court, praying it to direct the police to register FIR against Modi, his cabinet ministers, administrative and police officials, including the then director general of police K Chakravarti and handing over the case to CBI for investigation.

However, the Gujarat High Court rejected the petition on November 2, 2007, asking the petitioners to approach the magisterial court in this regard.

After that Zakia and CJP filed a petition in the Supreme Court seeking apex court’s direction for an FIR to be filed against Modi and 62 others, and for an investigation into their alleged role in 2002 anti-Muslim riots.

Zakia’s petition in the Supreme Court raised several questions. An excerpt of these questions is given here.

1. Why were there no minutes of the meeting with chief minister held with senior officers for a review of the situation arising out of Godhra training burning incident?

2. There are some state intelligence reports of a Vishwa Hindu Parishad(World Hindu Council) held at 4 p.m. at Ahmedabad on February 27, 2002. Who attended this meting? Were any elected members of the Gujarat legislature , and the state cabinet present?

3. Why were the bodies of the victims of Godhra train carnage brought to Ahmedabad, and why were they paraded in streets?

4. Did senior police officials or DGP report to Chief Minister or higher officers in writing about the likely repercussions of parading the bodies?

5. Why was no preventive action taken when a bandh call had already been given by VHP?

6. Why was not Army called out immediately and why was there delay in deployment of Army when it reached Ahmedabad?

7. Why was there a delay in declaration of curfew in Ahmedabad?

8. Despite rules for this, why was there no arrangement for videography of the violence by mobs in all districts of the state?

9. Why were there more casualties of Muslims in police firing during riots?

10. Why was the response to distress calls from prominent Muslims like ehsan Jafri, delayed?

11. Why was there no monitoring of the instructions of senior officials, including chief secretary, officials of the home department and the DGP?

12. Why was there no action against officials who failed to register FIRs and why was there no adequate response to the complaints of riot victims?

13. Why was no action taken against supervisory officers, from district superintendents of police to the level of police commissioners and DGP, who violated the Gujarat Police Manual by not properly supervising investigations of serious riot-related crimes and thereby committing culpable omission and grave misconduct?

14. Why was no action taken on the supervisory officers who had done the misconduct of negligent supervision of Bilkis banu and Best Bakery mass massacre cases, whose trials had been transferred by Supreme Court to Maharashtra?

15. Why has there been no further investigation on the depositions of IPS officer Rahul sharma before Nanavati Commission, to reveal the location of BJP leaders and senior officers of police during the riots?

16. Many calls were made to Modi,his cabinet ministers, the then Ahmedabad police commissioner P C Pandey and the then DGP K Chakravarti during the riots. Their phone records must be examined to unearth the facts.

Following is the list of the accused against whom Supreme Court has ordered investigation.

1. Narendra Modi, the then and present chief minister. Charges: Alleged to be architect of criminal conspiracy; unleash unlawful and illegal practices during mass carnage and then protecting the accused having played direct and indirect role and abetted the commission of the crime.

2. Ashok Bhatt, the then minister of health and now state assembly speaker. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

3. Indravijaysinh Jadeja, the then minister of urban development and now roads and Building Minister. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

4. Prabhatsinh Chauhan, the then tourism and civil aviation minister. Sat in Ahmedabad police control room at the instance of Modi and allegedly carried out conspiracy and other crimes.

5. Gordhan Zadaphia, the then Minister of state for home. Charges: Conspiracy and instructions to DGP and police officials to allow Hindus to give vent to their anger on Muslims. Allegations of communal bias as alleged by the then Bhavnagar SP Rahul Sharma.

6. Ranjitsinh Naharsinh Chavda, the then MLA. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

7. Kaushik Jamnadas Patel, the then MLA and now minister: Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

8. C D Patel, the then MLA and now a minister. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

9. Niteenbhai Ratibhai Patel, the then MLA. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

10. Amitbhai Anilchandra Shah, presently home minister. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

11. Anil Tribhovandas Patel, now MLA and Minister for Industries. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

12. Narayan Lalludas Patel, the then transport minister and now MLA. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

13. Kalubhai Hirabhai Maliwad, the then and present MLA. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

14. Dilip Manibhai Patel, the then and present MLA from Anand. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

15. Madhu Srivastava, the then and present MLA from Waghodia. Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

16. Dr. Maya Kodnani, the then and present MLA . Charges: Accused of using political influence to prevent the administration from carrying out their constitutional duty to prevent violence and protect the citizens life.

17. Nalin Kantilal Bhatt, the BJP general secretary and now Bahujan Samaj Party leader in Vadodara. Charges: the author of the affidavit of the BJP before the Nanavati-shah Commission.

18. Rajendrasinh Rana, the then BJP spokesperson and the then BJP lok sabha MP from Bhavnagar. Charges: He called the `bandh’ the day after the Godhra train burning incident on February 27, 2002.

19. Dr.Kaushikbhai Jamnashanker Mehta, joint secretary, VHP, Gujarat.

20. Dr. Praveen Togadia, International general secretary, VHP. He is the author, verbal and written, of several incendiary speeches that have reportedly breached criminal law by inciting violence against the religious minorities.

21. Dr. Jaideep Patel, the then VHP Gujarat secretary. Charges: Accompanied the road procession of victims of Godhra train carnage from Godhra to Ahmedabad and allegedly instigated crowds to violence against Muslim residents of Naroda Gam.

22. Babu Bajrangi, VHP/Bajrang Dal leader. Charges: accused in Naroda Patiya mass massacre and also responsible for publicly intimidating victim survivors and eyewitnesses outside Nanavatyi commission office in August 2004.

23. Prof. Keshavram Kashiram Shastri (now dead), the then chairman of Gujarat VHP and editor of Vishwa Hindu Samachar. Charges: In an interview to Rediff.com, he detailed how VHP had targeted the Muslims and their properties by using electoral rolls.

24. Babubhai Rajput, BJP worker. Charges: Involved in criminal conspiracy and violence.

25. K. Chakravarti, the then DGP. Charges: Conspiracy with chief minister Narendra Modi and participating in the meeting chaired by Modi asking officials to let Hindus vent out their anger, failure to take action against the accused, subverting the criminal justice system, dereliction of his supervisory responsibility and professional commitment by not enforcing the Gujarat police manual regulations.

26. A K Bhargava, former DGP. Charges: alleged to have participated in a meeting where illegal instructions were issued by Modi. Not filed any affidavit before Nanavati commission , negligence in supervision of riot related cases.

27. Subba Rao, former chief secretary. Charges: alleged to have participated in a meeting where illegal instructions were issued by Modi. Not filed any affidavit before Nanavati Commision.

28. Ashok Narayan, former home secretary. Charges: alleged to have participated in a meeting where illegal instructions were issued by Modi. Not filed any affidavit before Nanavati Commission.

29. P C Pande, the then Ahmedabad police commissioner. Charges: Giving false information, delay in requisition and deployment of army, delayed the imposition of curfew in Ahmedabad city. Responsible for utter collapse of law and order in Ahmedabad city, the worst affected during 2002 riots.

30. K Srinivasan, former ZAhmedabad district collector. Charges: Responsible for lack of adequate relief operations and hence part of dictated criminal conspiracy. Not filed affidavit before Zanavati commission.

31. Dr. P K Mishra, the then principal secretary to chief minister. Charges: alleged to have participated in a meeting where illegal instructions were issued by Modi. Not filed any affidavit before Nanavati Commision.

32. Kuldeep Sharma, the then IGP, Ahmedabad police range. Charges: failed to protect Muslims in Kheda district under his range. Not filed affidavit before Nanavati commission about what went wrong in 2002 violating the Commission of Inquiry Act.

33. M K Tandon, the then Additional Commissioner of Police, Ahmedabad(now retired). Charges. Negligence of duty in protecting people in Gulberg Society, Naroda Gam and Naroda Patiya under his jurisdiction. Not filed affidavit before Nanavati commission about what went wrong in 2002 violating the Commission of Inquiry Act.

34. K Nityanand, the then home secretary. Charges: alleged to have participated in a meeting where illegal instructions were issued by Modi. Not filed any affidavit before Nanavati Commision.

35. Rakesh Asthana, the then Vadodara Range Inspector General of Police. Charges. Failed to protect the life and property of citizens in his range in Godhra and other areas.

Not filed affidavit before Nanavati commission about what went wrong in 2002 violating the Commission of Inquiry Act.

36. A K sharma, the then Superintendent of Police. Charges: Conducive situations not created for rehabilitation of victims, compromising with perpetrators of violence, inaction facilitating riots. Not filed affidavit before Nanavati commission about what went wrong in 2002 violating the Commission of Inquiry Act.

37. G C Murmu, the then secretary, Law and Order. Charges. alleged to have participated in a meeting where illegal instructions were issued by Modi. Not filed any affidavit before Nanavati Commision.

38. Shivanand Jha, the then secretary, home. Charges: Allegations of criminal conspiracy.

39. D H Brahmbhatt, the then collector, Panchmahals district. Charges: Collector of Panchamahals where mass graves were discovered in December 2005 and a vital accused to understand the allegations of continuing subversion of the law and order machinery in the state.

40. Deepak Swaroop, the then IGP, Vadodara Range. Charges. Failed to take adequate action resulting in large scale violence in Dahod and Panchmahals district, conducive situations not created for rehabilitation of victims, compromising with perpetrators of violence. Not filed any affidavit before Nanavati Commission. Responsible for further subversion of eviudence during the Best Bakery retrial as commented upon in the judgement of judge Abhay Thipsay.

41. Sudhir sinha, former Vaddoara police commissioner. Charges: Played an unholy role for facilitating a few major witnesses of the Best Bakery case turning hostile.

42. K. Kumarswamy, the then additional Vadodara police commissioner. Charges: Played an unholy role for facilitating a few major witnesses of the Best Bakery case turning hostile.

43. B S Jebaliya, the DSP, Anand. Charges: did not supervise the investigators of riot cases against pro-BJP accused, compromised with perpetrators of violence, connived with the accused and the political class.

44. D G Vanzara, senior IPS official. Charges: responsible for many encounter killings.

45. Rahul Sharma, IPS officer and former DSP, BHavnagar. Prevented violence in Bhavnagar, witness to subversion of justice process by a connivance between the accused and influential politicians.

46. Raju Bhargava, senior IPS official and the then DSP, Panchmahals. Charges: Making false statements, conducive situations not created for rehabilitation of victims, compromising with perpetrators of violence, inaction facilitating riots.

47. Anju Sharma, then then Bharuch collector. Charges. Did not do proper relief work, was allegedly involved in criminal conspiracy.

48. D D Tuteja, the then Vadodara police commissioner and now retired. Charges: Allegedly made false statements, conducive situations not created for rehabilitation of victims, compromising with perpetrators of violence, inaction facilitating riots.

49. Bhagesh Jha, the then Vadodara district collector. Charges: Giving false information, forcing closing down of relief camps in first week of August 2002 to project a false image of normalcy.

50. Nitiraj solanki, the then DSP, Sabarkantha district. Charges: Making false statements, conducive situations not created for rehabilitation of victims, compromising with perpetrators of violence, inaction facilitating riots.

51. Amrutlal Patel, the then District coleector, Mahesana district. Charges:Giving false information, not taking action against print media publishing communally provocative reports, forcing closing down of relief camps in first week of August 2002 to project a false image of normalcy.

52. Upendra Patel. , DSP, Rajkot district. Charges: Making false statements, conducive situations not created for rehabilitation of victims, compromising with perpetrators of violence, inaction facilitating riots.

53. P N Patel, the then district collector, Rajkot. Charges: Giving false information, not taking action against print media publishing communally provocative reports, forcing closing down of relief camps in first week of August 2002 to project a false image of normalcy.

54. V M Pargi, the then Deputy commissioner of Police, Ahmedabad. Charges: Questionable role in Best Bakery case for manufacturing evidence.

55. K G Erda, the then police inspector at Meghaninagar police station. Charges: Dereliction of duty when massacre was taking place in gulberg Society from 7.30 a.m. to 5.30 p.m. on February 28, 2002.

56. Kerman Khurshed Mysorewala, the the Naroda Police Inspector. Charges. Dereliction of duty when mass carnage took place in Naroda Patiy and Naroda Gam from 9 a.m. on February 298 to 2 a.m. on March 1, 2002.

57. M T Rana, the then Assistant Police Commissioner, Ahmedabad city. Charges: Allegedly dereliction of duty and involved in subversion of justice and tampering of evidence.

58. Tarun Barot, former Crime Branch inspector. Charges: ): Involved in many encounter killings in Ahmedabad city. Involved in many controversial mass carnage investigations subverting process of justice and tampering of evidence.

59. Narendra Amin, Dy SP. Charges: involved in encounter killings.

60. G C Raiger, the then additional director general of police (intelligence), now retired. Charges: attended Chief Minister Narendra Modi’s meetings and privy to information between February 27, 2002 and April 9, 2002 but did not file affidavit before Nanavati commission.

61. K R Kaushik, senior IPS officer and the then ADGP (crime), now retired. Charges: Attended meetings chaired by Modi and other senior officials but did not file affidavit before Nanavati commission.

62. Amitabh Pathak, the then Range IGP, Gandhinagar. Charges: Making false statements, compromising with perpetrators of violence, inaction facilitating riots. conducive situations not created for rehabilitation of victims.

63. Satish Verma, the then Kutch Range IGP. Charges: connived with the accused and political class, compromised with the perpetrators of violence.

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