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Affidavit filed by the parties

March 2, 2006

Maqsuda Yusuf Shaikh, widow of Yusufbhai files as affidavit in the main Pandharwada matter (Special Criminal Appln 1875/2005) pointing out shocking and grave efforts by the Gujarat police to doctor records and in fact falsely create evidence justifying the petitioners’ claim that the Gujarat state police simply cannot be trusted to handle an investigation against itself in a fair and impartial manner.

            In this affidavit, Maqsuda states that

 

March, 2006

 Victim survivors and CJP file 600 pages of detailed affidavits, contradicting point by point all the claims made by the respondent 1, state of Gujarat in their affidavits. Ameenabehn Habib Rasool in her Rejoinder to Rejoinder Affidavit dated March 2006 filed by respondent, state of Gujarat states that:

 

the dead bodies were buried in the survey no. 69 on the banks of the river ‘Paanam’.

Through their own investigations, petitioners learned that the said land is ‘forest land’ as per the 7/12 village form. They have annexed the copy of the village form.     This proves that the local administration ought not to have buried the dead bodies without handing over the same to the survivors of the deceased.

 

Ameenabehn Rasool states categoricallythat it was the victims who learnt about the place where the dead bodies were actually buried, informed the villagers and soon in presence of the electronic media   the skeletons were unearthed. Further, the petitioners state that it was only because of the electronic media’s exposure that the police  could not tamper with the skeletons and the local administration was caught on wrong footing especially because the skeletons were found from the forest land. Thus it was wise decision for the victims to avoid the competent authorities under the control of the state government.

 

The petitioners state that the CBI, which is  Respondent no. 2 be asked to seized the   case diaries and the weekly diaries of the police are required to be seized immediately or they be asked to produce the same forthwith so that the role of the state’s police and the local administration can be properly appreciated. The petitioners further state that the respondent no. 1 has been given enough chance to ‘tamper’ with the evidence.

 

The petitioners state that the ‘role’ of thestate government in not protecting its citizens and in defending the accused has  shown its ugly face in several matters. The non-governmental organizers had to venture and make sincere attempts to wipe of the tears of poor victims. That the Hon’ble Supreme Court while deciding Criminal M. P. No. 3740-42/2004 in Writ Petition (Cri) No. 109/2003 in the matters of National Human Rights Commission v/s The State Of Gujarat and allied matters had observed that the non-governmental organizations be asked to do the needful for poor victims; though the petitioner craves leave to rely upon the said order at the time of the hearing of this writ petition.   Moreover, the petitioner no. 2  has made strenuous efforts to enable justice to absolutely poor victims of the state.

 

Special Criminal Application Nos. 408 of 2006, petitioners who are also victims survivors ,  Mehboobbhai Rasoolbhai Chauhan and Rasoolbhai Ashrafbhai Sheikh have prayed for a transfer  of entire investigation of the alleged offences to the CBI