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Citizens for Justice and Peace

Press Release: Twelfth Day of Arguments in Zakia Jafri Protest Petition

12, Aug 2013

 

Three
serving officers of the Gujarat government in 2002 (Rahul Sharma,
then SP Bhavnagar and DCP Crime Branch, Sanjiv Bhatt, then DCP-Int
and RB Sreekumar, then ADGP-Int) provided internal, official yet
independent information to indicate that a deliberate conspiracy was
hatched by A-1 Narendra Modi to manipulate the Godhra incident to
allow the statewide orchestration of mass violence against Muslims
in 2002 and of the three SreekumarÂ’s evidence is possibly the most
critical.

Arguing
for the twelfth day in support of the two volume Protest Petition
filed by complainant Zakia Jafri assisted by Citizens for Justice
and Peace on April 15, 2013, senior advocate Mihir Desai argued that
instead of rationally and independently investigating the substance
of the series of illegal instructions alleged to have been given by
A-1 Narendra Modi to him and other senior echelons of the
administration and police, the SIT had spent over 20 pages of its
report in simply arguing that keeping such a conscience register was
wrong.

ADGP
(Armed Units) until he was made ADGP-Int on April 9 2002 after which
he was hurriedly shunted off on September 17-18 2002 for failing to
be a compliant officer, Sreekumar had during his tenure as
Intelligence chief, contemporaneously, documented not just the
deliberate laxity of the chief minister and other cabinet colleagues
to restore normalcy, ensure justice and reparation but had in fact
in continuance of a diabolic conspiracy, deliberately sought to
mislead the National Human Rights Commission (NHRC), Central
Election Commission (CEC) but also actively instructed against
officers acting lawfully. Four critical reports were filed by
Sreekumar during his tenure as Intelligence chief, dated 24.4.2002,
15.6.2002, 20.8.2002 and 28.2.2002. In the first report he had
stated that senior ministers of the government and MLAS were
influencing Police Station Inspectors (over and above the authority
of their seniors) to obey political masters and not arrest Hindu
communal elements who had been named by Victims in the FIRs related
to Mass Crimes; he had said that despite warnings of acute tension
and violence being fomented on February 27, 2002 after the Godhra
incident, only two preventive arrests had been made in Ahmedabad,
that compliant public prosecutors were deliberately being appointed
by the state government to ensure easy bail for powerful accused and
a subversion of the justice system. These reports had been sent by
Sreekumar to the Home Department headed by A-1 Modi, Ashok Narayan,
ACS Home but were completely ignored by the state government. Ashok
Narayan states in his statement recorded by the SIT that though he
had spoken in detail to A-1 Modi the chief minister about extortion
and violence by BJP-VHP-Bajrang Dal activists as late as April 2002,
the CM was dismissive of the same.

The SIT
is deliberately silent on the substance of the evidence that
Sreekumar has provided through these intelligence reports, said
Desai. Fireworks flew at the 11th Metro Court today when
Desai read out the statement of Shri Maniram a senior officer in
ModiÂ’s government who had completely corroborated what Sreekumar. In
his statement dated 18.12.2009, ADGP (Law and Order) till 2003
Maniram (Annexure I Volume I Serial No 66 of SIT Papers)
stated that “The communal riots continued during the months of March
and April, 2002 in the whole of Gujarat. It was sometime in the
first week of May, 2002 that Shri K.P.S. GilI, former DGP of Punjab
was appointed as an Adviser to the Chief Minister. Shri K.P.S. Gill
held a meeting on 4-5-2002 at C.R.P.F. camp which was attended to by
the DGP Shri K. Chakravarthi, Shri P.C. Pande, the then CP,
Ahmedabad, Shri R.B. Sreekumar, the then Addl. DG (Int.), Shri M.K.
Tandon, Jt. CP, Sector-II, Ahmedabad City and myself whose names, I
do not recollect. In this meeting, Shri K.P.S. Gill reviewed Law &
Order situation in the State. The DGP and the Commissioner of Police
gave their assessments of the current situation as normal due to
effective police action and painted a rosy picture about Law & Order
situation in the State. I informed Shri Gill that the tension
continued to prevail in Ahmedabad City amongst the Hindus and
Muslims. I further pointed out to Shri Gill that officers who were
responsible for not preventing the riots resulting in loss of life
and property in their jurisdiction should be immediately transferred
irrespective of their status and good officers posted in there back.
I also mentioned it to Shri Gill that wherever effective officers
had been posted, the Law & Order situation was under control like
whole of Saurasthra, South Gujarat namely Surat City, Naysari,
Bharuch, Valsad and Dang districts Shri R.B. Sreekumar, the then
Addl. DG, (Int.) fully supported me and endorsed my views. Shortly
thereafter, the concerned police officers at all the levels were
transferred as a result of which the riots could be controlled in
May 2002 itself. “ In a bid to disrupt the arguments in Court, AK
Malhotra at this juncture tried to tell the SIT advocate that this
was not relevant for the case!!!! This explodes the theory put
forward by A-1 Modi and ardently supported by the SIT that within 72
hours all was normal in Gujarat.

Besides, Desai argued that a series of rank shocking and illegal
instructions were given by A-1 Modi who instead of being concerned
with establishing intra-community harmony and peace was instructing
higher echelons of officers to tap the phones of MOS Revenue Haren
Pandya (simply because he appeared before the Concerned Citizens
Tribunal and deposed about the meeting of February 27, 2002, tapping
the phones of political opponents and worst of all “instructions to
eliminate Muslim …extremists…” etc etc (List of Instructions are
given below). Instead of questioning Modi about the content of the
illegal instructions (statement recorded on 27-28.3.2010, argued
Desai, SIT had been content to simply ask a formal question about
the register. The SIT Closure Report is a cosmetic exercise not
worth the paper it is written on said Desai.

The
issue being argued by the Complainant, explained Desai is that the
Conspiracy and Abetment hatched at the very highest levels of the
political hierarchy in Gujarat was hatched by persons in power to
ensure that the Conspiracy does not end in a day; that it continues
for Months when the violence does not stop and Subversion occurs and
this Conspiracy and Abetments by Collaborators Officials includes a
refusal by Public Servants to follow the law and instead ensure that
the Law is Violated. Pressing home the point, Desai argued that even
if Sreekumar had, instead of maintaining a Contemporaneous
Conscience Register, deposed about a series of blatantly unlawful
and illegal instructions by A-1 Modi to the SIT was not SIT obliged
in law to test the facts in trial? Why then does the SIT file a
closure report he demanded. Arguments will continue tomorrow.

Illegal Instructions issued by A-1 Modi (as contained in RB
SreekumarÂ’s Conscience Register:

 

Date & Time

Instruction from whom

Further action

Details

16/04/2002

The Chief Minister, Shri Narendra Modi, called a meeting of DGP,
myself, Shri P.K. Mishra, Principal Secretary to CM, Shri Sharma
OSD to CM, etc.
The CM told me that certain Congress leaders, particularly, Shri
Shankarsingh Waghela, former Chief Minister is responsible for
the continuing communal incidents in Ahmedabad city.

I responded that we (State, SIB) does not have any information
to this effect.
Thereupon the CM asked me to start tapping the telephone of Shri
Shankarsingh Waghela.
I replied that it will not be legal and ethical as we have no
inputs about Shri ShankarsinghÂ’s involvement in any criminal
activity or instigation of communal violence or creation of
tension between communities.
Shri P.K. Mishra, Principal Secretary to CM also persuaded me
for phone tapping of Shankarsingh Waghela.
I refused his personnel demands / entreaties also on legal and
moral grounds.
The CM insisted upon repeatedly his earlier instructions
regarding arrest of history sheeters in Ahmedabad city for
ensuring peace in city.
The CM also wanted to continue
combing operations in Muslim dominated areas.

 

 The CM
instructions being illegal and immoral not complied with.

DGP has
promised to CM that the needful be done

17/04/2002

07.30 PM

The CM held a meeting in his chamber, myself, DGP, Shri P.K.
Mishra, CS Shri Subba Rao, OSD to CM Shri Sharma attended.

He asked DGP to
book a few Muslims leaders, who are likely to disturb the
holding of examination on 18/04/2002. CM said such persons be
booked for some pending cases under investigation.

DGP said he
will try to take all preventive measures to ensure peaceful
conduct of examination but he refused to book anybody without
any evidence for substantive offences.

17/04/2002

07.30 PM

The CM wanted me to keep watch on Inspector Y.A. Shaikh,
Inspector in CID, Crime, HASAN LALA. Congress Corporator,
Congress leader, who are allegedly investigating the Muslims to
attack Hindus.

I have promised that the needful be done

18/04/2002

11.30 AM

Shri Rajendrakumar, JD, SIB, Ahmedabad told me that some
Congress leaders are behind the recent communal incidents in
Ahmedabad city and we should try to uncover this diabolical link
up.

Then, I asked
Shri Rajendrakumar about any special intelligence in this
connection. To this question, he replied that he has no pin
pointed intelligence in the matter.

     It appears
that JD, SIB, perhaps in pursuance of the CMÂ’s suggestion to
involve Congress persons as persons responsible for the
continuing riots wants to build up a case against Congress
leaders by soliciting intelligence reports.

 

 

 

 

 

 

 

Secret inquiry is being done

 

 

 

 

 

No action due to its illegality.

22/04/2002

06.30 PM

The Chief Secretary Shri G. SubbaRao convened a meeting to
discuss normalization measures. ACS (Home) Shri Ashok Narayan,
Ahmedabad Municipal Commissioner Shri Pannervel, Secretary
Varesh Sinha, Shri Sahu, etc. were also present. I raised the
problem of the Muslim community not having any faith in the
State Administration. I also suggested that the police should
arrest soon those Hindu leaders involved in the heinous crimes
committed during the recent communal riots. The Chief Secretary
said such action is not possible immediately as it is against
the State Govt policy.

The CS said that Secretaries should conduct Mohalla level
meetings and interact with local people for redressal of their
grievances.

Shri Sahu said that the first problem, which is likely to be
raised by the locals would be early apprehension of Hindu goons,
who massacred the Muslims. The CS replied that in the Mohalla
meetings, if such a question is raised by anybody the Secretary
should answer that it is a matter of legal procedure and so this
Mohalla Committee cannot do anything.

The CS also directed that
I should also attend some Mohalla Committee meetings.

I agreed for complying with these instructions.

22/04/2002

06.30 PM

The Chief Secretary Shri G. SubbaRao convened a meeting at his
Conference Room. Secretary level officers Shri Varesh Sinha,
Sahu, Agrawal, Shri D.L. Rao, and Ahmedabad Municipal
Commissioner were present. Myself was sent by DGP as his
representive. Shri Ashok Narayan, ACS (Home) was also present.

The Chief Secretary directed that Secretaries should visit
riot affected areas and hold Mohalla level meetings for wining
the confidence of the local police, particularly the Muslims..

Shri Varaeh Sinha (Education Secretary) said that the
Secretaries are busy and so this task should be entrusted to
somebody with lesser quantum of work.

The CS did not agree to this request.

Then
Secretaries Rao and Varesh Sinha wanted a senior police officer
to be detailed as a liaison officer with the Secretary, who is
presiding over the meeting.

     The CS
said that he will direct CP Ahmedabad to detail a senior officer
of the rank of DCP to be present in the meetings to be convened
by the Secretaries.

     The CS
asked me also to attend one or two meetings.

Myself and
Secretary Sahu raised the issue of high voltage of
discontentment in the minds of Muslims community, which bore the
brunt of the Hindu goons. We said that unless culprits of the
offences, named in the FIR and other statements are arrested,
the confidence building measures in the form of Mohall Meetings
by Secretary level officers will not have any impact.

     The CS
evaded this suggestion and said that the arrest being a legal
matter the Mohalla Committee should not go in to this.

     This
response of the CS was reflective of Govt. policy of evading,
delaying or soft – pedaling the issue of arrest of accused of
persons belonging to Hindu Organizations.

 

 

 

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Annexure

92-Shri Kuldeep Narayan Sharma-08-03-10.pdf


130812 LOD
Sreekumar


92-Shri Kuldeep Narayan Sharma-08-03-10.pdf

Secret
Diary-Bombshell


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
Prakash


 

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