Citizens for Justice and Peace

Conspiracy Deepens — Arguments Continue in Zakia Ahsan Jafri vs Narendra Modi and 59 others

03, Jul 2013


03, 2013

Press Release

Conspiracy Deepens —
Arguments Continue in Zakia Ahsan Jafri vs Narendra Modi and 59

Giving a comprehensive overview of arguments for Conspiracy to
Commit Mass Murder against Narendra Modi and 59 Others, counsel for
Zakia Ahsan Jafri, Mihir Desai argued today that the Issue before
the Court is whether the events after the Godhra carnage. that
included mass reprisal attacks where thousands of innocents members
of the minority were massacred, raped and killed were

spontaneous outpouring of peopleÂ’s anger;

which could not have been anticipated, prevented or controlled or it
is likely that

they were part of a conspiracy which was hatched by certain people
in power politically and administratively to create an environment
whereby targeted violence was allowed to be unleashed on the
minority community;  Besides

in carrying out this conspiracy or otherwise certain public servants
including Ministers, police, bureaucracy or other individuals aided
and abated the events. The entire team of advocates with Citizens
for Justice & Peace along with its Secretary, Teesta Setalvad were
present before the Metropolitan Magistrate 11th Court

 Moreover Desai argued that

Political head of the state, home ministry and administration were
in full knowledge of and allowed the Build Up of Aggressive and
Communal sentiments, Violent Mobilisations including carrying of
Arms and a general outpouring against the Minority Community before

During the course of our arguments from the documents generated by
SIT we will show that (said Mihir Desai)

there was a Conspiracy amongst the persons named or some of them to
generate hatred towards the minority community either by an active
participation in this generation or by an omission to act against
the perpetrators though they were legally bound to do so. In this
connection we will show that the persons named are not merely
Constitutionally but also legally forbidden from acting or omitting
to act in a manner they did;

There was a conspiracy not just to generate hatred towards the
minority community but also to commit targeted violence against the
person, property and religious places of the minority community and
aiding and abetting this process by acts and omissions of persons
liable under law to act otherwise.

We will prove that the aiding abetting was being done prior to the
Godhra incident of 27.2.2002 in terms of (i) hate speech being
generated; (ii) no action being taken against the provocation
despite intelligence reports

We will prove that the conspiracy was generated immediately after
the Godhra incident through (i) directly collaborating with the the
Vishva Hindu Parishad (ii)  Creating a situation of generating
hatred against minority community through

the manner of dealing with the dead bodies of Kar Sevaks

The manner of conducting the post mortems

Allowing the bodies to be photographed

Handing over the bodies to a private individuals

The manner in which bodies were brought to Ahmedabad

The manner in which funeral processions were taken

The infamous meeting in the evening of 27.2.2002 where certain
instructions were given

The declaration of Bandh on 28.2.2002 and the support given to it by

ruling party

The complete lack of preventive arrests

The deliberate delay in declaring Curfew and Violation of

Orders willfully thereafter

Speeches of the Chief Minister on 27.2.2002 and 28.2.2002 and
speeches of

political figures

The failure to take measures against hate speech

Ministers occupying Police Control Rooms

The manner in which fabricated FIRs were created

The delay in deploying the army

The manner of dealing with internal refugees and their relief camps

The protection of police officers who participated or aided or
abated in the

conspiracy and victimization of those who did not so participate

We will also prove that the failures by the political and
administrative machinery were not just departmental lapses but were
criminal offences in respect of which each of  the accused needs to
be criminally prosecuted

We will show that the existing investigation carried out by the SIT
is highly inadequate, at times misdirected and is by and large a
cover up job.

We will also show that despite this, the documents collected or sent
to the SIT even at present make out a case for prosecution.

Desai also read out from a Comprehensive list of Dates attached that
showed that since the filing of the Zakia Jafri Complaint on
8.6.2006, Operation Kalank, the Sting Operation by Tehelka (October
2007) had provided further evidence of Conspiracy (attached).
Ashish Khetan the journalist who recorded the extra judicial
confessions, was made a prosecution witness in the Naroda Patiya
Case, Gulberg case and Naroda Gaam case. The Naroda Patiya judgement
delivered on 29.8.2012 used the Tehelka Tapes authenticated by the
CBI has strong and reliable corroboratory evidence. How asked Desai
could this evidence  be relied upon by the SIT in one set of
investigations be summarily discarded by the SIT in the Zakia Jafri
case, simply was it because the accused was Narendra Modi?

Listed below are the significant aspects of the TehelkaÂ’s sting
Operation and also the SITÂ’s lame denial of the evidence is also




27.2.2002          Before 27.2.2002 in the interview

conducted in the
sting Operation Kalank Haresh Bhatt, then BJP MLA from Godhra states
that there was a well plant conspiracy to import large quantity of
ammunition from outside Gujarat and also to ensure weapons within
the State.  (One Rohit Sharma (VHP Treasurer as being the part of
the core team (Para 247, pages 120-121 of the Protest Petition).

Dhawal Jayantilal
Patel, then VHP District Convener, Sabarkantha also tells Tehelka
that he is a registered holder of dynamite which is used for
quarrying in the district. He says in his interview recorded during
the Sting Operation that he along with some other parsons has been
trained to make bombs. He says that they make desi bombs that
were then distributed and used in various areas

(Para 251 at page
123 of the Protest Petition).

Haresh Bhatt
Statement before SIT dated 29.3.2010 Annexure I Volume II, Sr Nos
116  SIT Records/Papers)

Amish Patel , VHP
Vibhag Pramukh, Sabarkantha also interviewed during the sting
operation  states that bombs were being smuggled in from Sabarkantha
to Ahmedabad from quarries owned by VHP workers. Amish Patel also
explains how sections of the Gujarat  police , for example N.D.
Solanki , then SP of Sabarkantha were full fledged supporters of the
VHP. Amish Patel states that Solanki gave him full support and
enabled the quick release of Arvind Soni, a VHP leader. Despite
these leads given in the sting operation, SIT deliberately chose to
ignore this evidence and in fact raises questions about the
authenticity of the sting operation.

(The SIT appears
to have accepted the contentions Haresh Bhatt given in his statement
dated 29.3.2010. The accused gave an improbable explanation that
though he had mentioned of the facts contained in the interview and
he confirmed his photographs and voice the facts were only spicy
material given to Mr. Khetan and not based on the facts.  The SIT
does not cross examine him about it, nor do they cross examine A-1
Chief Minister Narendra Modi or other higher functionaries.  The SIT
did not investigate the matter of arms and ammunitions being
manufactured and distributed by VHP any further.

Similarly the SIT
has accepted the statement of N.D. Solanki, former S.P. of
Sabarkantha in 2002 recorded on 17.1.2010 without any further

They have not gone
into the details of the fax message contained in the annexures to
SreekumarÂ’s affidavit.   (Annexures
I Vol.II, Sr.No.116 is the statement recorded of Haresh Bhatt and
Sr.No.70 Annexure I Vol.II is the statement of N.D. Solanki in the
SIT papers). 

The then VHP Zilla
Mantri from Kalupur, Ahmedabad, Ramesh Dave states in his interview
recorded during the sting operation that he took the DCP S.K. Gadvi
to the terrace of a locked house in Kalupur after Gadvi told him
that there was several Muslims who have assembled nearby and he
wanted them to “save them being stranded” once on the terrace, Gadvi
started firing and before they knew he had gilled 5 persons. Dave
also claims in his interview that “all the policemen helped us and
they even gave us cartridges.

(Para 257 at pages
125-126 of the Protest Petition).

deliberately and willfully did not give due weightage to the extra
judicial confession contained in the sting operation that amounted
to direct evidence against A-1 Chief Minister Narendra Modi and
several other co conspirators. The SIT ignored this evidence despite
the authentication of the Tehelka tapes by the CBI thanks to the
order passed by the NHRC in early 2008.

(Copy of the NHRC
Order dated 5.3.2008, CBI authentication of the Telhelka tape, page
133-136 in annexure Vol I of the Protest Petition).

 (Annexure III
File XV, D-157, Pages 1 – 188 is the Entire CBI Investigation in the
SIT Records/Papers)

The Sessions
Court, herein Naroda Patiya gives that till its judgment convicting
31 persons on 29.8.2002 is devoid of entire charger to the Tehelka
tapes. The Ld. Sessions court had used the authenticated Tehelka
tapes as corroborative evidence following eye witnesses accounts
that was the primary evidence in this case.

(Para 920-922 at
Pages 413–414 of the Protest Petition). (Para 899-910 at pages
397-398 of the Protest Petition).


Accused (No. 22)
in the Naroda Patiya case Suresh Langda Chara has now been convicted
by a Judgement of the Sessions Court dated 29.2.2012 despite SIT
deliberately ignoring the corroborative evidence contained in the
Sting Operation.

Police Control
Room Records supplied by former CP Ahmedabad PC Pande after
15.3.2011 when the Supreme Courts orders further investigation,
records on 27.2.2002 (Serial Nos 1, Page Nos 7126 at @ Annexure IV
File XVII (6941-7368)1:…hours that “ Informer, Ashokbhai has given
information to the police about a truck loaded with arms and
ammunition at Rakhiyal near Char Rasta Ahmedabad Annex IV File
XVII (6941 to 7368) in SIT Papers
also put in Annexure Volume I
with the Protest Petition—Table: Arms Collection in Ahmedabad on

Transcripts at
Annexure III, File XIII, D-129, Pages 1–492,of the SIT

Excerpts of
Relevant Portions of the Naroda Patiya Judgement, Ashish KhetanÂ’s
Statement before the SIT dated 27.8.2009 @ Annexure I, Volume I,
Serial Nos 15, Pages 87-92 of the SIT Papers & PCR Message @
Annexure IV File XVII (6941-7368) of the SIT Papers is handed over
to the Court as Annexure A Colly

1645 hours – 1945

27.2.2002 Godhra



corroboratory evidence against the role played by A-1Modi at Godhra
is provided by in the Extra Judicial Confessions contained in the
Tehelka Tapes that has been deliberately ignored by the SIT. One
Rajendra Vyas who had been travelling on the Sabarmati express train
stated in the sting operation, Operation Kalank “He (Mr. Modi) first
said that we would take revengeÂ…the same thing I myself had said
publiclyÂ…I hadnÂ’t even eaten anything thenÂ…hadnÂ’t even had a drop of
waterÂ…I was in such a rage that so many people had died, tears were
flowing from my eyes but when I started using my strengthÂ…I started
abusingÂ…he (Mr. Modi) said, Rajendrabhai, calm yourself, everything
will be taken care ofÂ…what did he mean when he said everything would
be taken care of?…all those who were meant to understand,
understood..” (Para 116 of the Protest Petition)

Further, a former
MLA and chief auditor of MS University of Vadodara, Dhimant Bhatt
has also stated in the Tehelka tapes, “After Godhra, there was this
reaction and a certain climate was created in the parivar by the top
leaders, meaning the RSS, the VHP, the Bajrang Dal, the BJP and the
Durga VahiniÂ…and in that we had Mr. Narendra ModiÂ’s supportÂ…let
people say what they like (we had) support in the sense that if
Hindus are going to be burnt like thisÂ….if conspiracies are going
to  be hatched to burn HindusÂ…they wanted to burn the whole train
(the Sabarmati express)Â…and now if we donÂ’t do anything, if we donÂ’t
generate an adequate reaction, another train will be set on
fireÂ…this was the idea, the thought that came from him (Mr. Modi)Â…I
was present in the meetingÂ…some 50 people like myself had special
permission from the Police Commissioner (A-48, then Commissioner of
Police, Mr. DD Tuteja) to move in curfew areas to helpÂ…in order to
maintain the peace and law and orderÂ…that was just an excuseÂ…I am
very openÂ…clear (about it)Â…but how we were to help the Hindus? At
that time, there wasnÂ’t even a stick of wood in Hindu homes. So what
were we to do?…we took iron pipesÂ…three feet eachÂ…iron bars, and
if there were people from the Bajrang Dal, then trishulsÂ…the Bajrang
Dal people had a plan for putting together the saamaan (weapons) and
we went and supplied them to key persons in various localitiesÂ…it
was very necessary…”

(Para 119 of the
Protest Petition, Volume I; Tehelka Transcripts at Annexure III,
File XIII, D-129, Pages 1–492,of the SIT Record/Papers)

Statements of
Arvind Pandya statement dated 21.11.2009, Rameshchandra Dave, VHP
member statement dated 10.4.2011, Rajendra Vyas, RSS Swayamsevak
dated 10.4.2011, Dhawal Patel statement dated 12.4.2011 handed over
to the Court as Annexure B Colly

— Chronology Regarding TEHELKA STING OPERATION

—  SIT report on TEHELKA (3.7.2013

Teesta Setalvad, Secretary

Other Trustees:

I.M. Kadri,               Nandan Maluste

Cyrus Guzder        Javed Akhtar
Alyque Padamsee
Anil Dharker          Ghulam Peshimam
Rahul Bose

Javed Anand         Cedric



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