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Citizens for Justice and Peace

backsardarpura

08, May 2017


Sardarpura Massacre

Mehsana District

Gujarat

Sessions case no. 275/02, 120/08, 7/09

 

Judge Appointed to conduct the Trial

20-5-09 Judge S.C. Shrivastav

 

Prosecutors Appointed:

6-10-03 S.C. Shah  (continues as special PP appointed by SIT)

 

List of Accused

1st
charge sheet had 55 accused (Vijapur police station)

 

Accused List as Per First Charge sheet:

1) Patel Rameshbhai Kanjibhai

(2) Patel Mathurbhai alias Bhuriyo
Vithalbhai

(3) Patel Karshanbhai Tribhovanbhai

(4) Lakhwara Narayanlal Shitalmal

(5) Patel Jaintibhai Mangalbhai

(6) Patel Amratbhai Somabhai

(7) Prajapati Babubhai Lawjibhai

(8) Prajapti Rajeskumar Amrutbhai

(9) Patel Bhaveshkumar Kanubhai

(10) Patel Jayentibhai Jeevanbhai

(11) Patel Jagabhai Dawabhai

(12) Patel Prahladbhai Somabhai

(13) Prajapati Bharatbhai Rameshbhai

(14) Patel Kacharabhai Tribhovandas

(15) Patel Jayentibhai Baldevbhai

(16) Patel Mangalbhai Mathurbhai

(17) Prajapati Gordhanbhai Revabhai

(18) Patel Bhikhabhai Joitabhai

(19) Prajapati Rohitkumar Ramanbhai

(20) Prajapati Ravikumar Amratbhai

(21) Patel Babubhai Kantibhai

(22) Patel Dineshkumar Baldevbhai

(23) Patel Vishnubhai Gopalbhai

(24) Patel Kanubhai Karshanbhai

(25) Prajapati Dahyabhai Varvabhai

(26) Patel Raghubhai Revabhai

(27) Patel Mathurbhai Ramabhai

(28) Patel Sureshbhai Ranchodbhai
Revabhai

(29) Patel Chaturbhai Kanabhai
Girdharbhai

(30) Patel Tulshibhai Girdharbhai

(31) Patel Ramanbhai Jeevanbhai Vanabhai

(32) Patel Rajeshbhai Karshanbhai

(33) Patel Rameshbhai Kantibhai

(34) Patel Madhabhai Vitthalbhai

(35) Patel Sureshkumar Baldevbhai

(36) Patel Dasrathbhai Ambalal Dvarkadas

(37) Patel Vishnubhai Prahladbhai

(38) Patel Rajendrakumar Rajesh Punjabhai
Tribhovandas

(39) Patel Baldevbhai Ranchodbhai
Dwarkadas

(40) Patel Prahladbhai Jagabhai

(41) Patel Rameshbhai Ramabhai

(42) Patel Parshotambhai alias Pasabhai
Mohanbhai

(43) Patel Ashwinbhai Jagabhai

(44) Patel Ambalal Maganbhai Kapur

(45) Patel Kalabhai alias Kanaiyalal
Nathabhai

(46) Patel Rameshbhai Prabhabhai
Gopalbhai

(47) Patel Jeevanbhai Dwarkadas

(48) Patel Jayentibhai Ambalal

(49) Patel Kanubhai Joitaram

(50) Prajapati Ramanbhai Ganeshbhai

(51) Marwadi Ashotosh alias Pawankumar
Murlidhar

(52) Patel Dhayabhai Kachrabhai

(53) Patel Rameshbhai Baldevbhai

(54) Patel Mathurbhai Trikamdas

(55) Patel Ashvinbhai Baldevbhai
Joitabhai

 

Accused added by the SIT:

 

2nd charge sheet 8 accused were added (SIT)

(1) Babubhai Vanabhai Patel

(2) Rameshbhai Kachrabhai Patel

(3) Babubhai Kanjibhai Patel

(4) Kanubhai Rewabhai Patel

(5) Natwarbhai Kachrabhai Patel

(6) Ashvinbhai Baldevbhai Patel

(7) Dhayabhai Vanabhai Patel

(8) Joitaram Ramabhai Patel

 

3rd charge sheet 12 accused were added (SIT)

(1) Kantibhai Prabhudas Patel

(2) Laxmanbhai Dhulabhai Patel

(3) Mahesh Jivanbhai Patel

(4) Mathurdas Dwarkadas (Dawabhai Dr.) Patel

(5) Prahladbhai Warvabhai Prajapati

(6) Jagabhai Jeevanbhai Patel

(7) Upendra Manilal Patel

(8) Sanjay Ambalal Patel

(9) Kalabhai Bhikhabhai Patel

(10) Govindbhai Mohanbhai Patel

(11) Babubhai Gokaldas Patel

(12) Ramesh Tribhovandas Patel

 

Note:-
Total 75 accused

Accused no.10 Patel Jayentibhai Jivanbhai
Maiyat

Accused no.19 Prajapati Rohitkumar Ramanbhai Juvenile

 

Name of investigating Officers

SIT G.V. Barot

 


Vijapur Police station

       K.R. Vaghela PI

                                                R.D. Buranda PI

                                                K.P. Patel

 

Charge sheet filed on :
27-7-02

SIT charge sheet filed
: 21-11-08

 

List of witnesses as per the charge sheet:

Total = 122

 


Name of Witness As Per Chargesheet of Vijapur Police station

 

No

Name of Witness

1

Shaikh Ibrahimbhai Rasoolbhai

2


Panch:

Shaikh Abdulbhai Dalubhai

3


Panch:

Chauhan Aminaben Peerumiya Jeevamiya

4


Panch:

Nagori Makboolbhai Mehmudbhai

5


Panch:

Bawa Ishwarbhai Ramdas

6


Panch:

Mehmudaben Faridkhan Jitrana

7


Panch:

Parmar Pravinbhai Arjanbhai

8


Panch:

Mansukhbhai Bachubhai Parmar

9


Panch:

Yadav Vadansinh Tufansinh

10


Panch:

Chaudhary Hareshchand Heeralal

11


Panch:

Sipahi Rafiqhussain Mohammed Hussain

12


Panch:

Akbarmiya Kesarmiya

13


Panch:

Shaikh Inayathussain Bachumiya

14


Panch:

Joshi Ajitkumar Dashrathbhai

15


Panch:

Shaikh Mo. Sharif Rafik Moh.

16


Panch:

Qureshi Sharafatbhai Sabdalbhai

17


Panch:

Patel Ishwarbhai Gopalbhai

18


Panch:

Patel Maheshbhai Jeevanbhai

19


Panch:

Zala Pratapsinh Dhulsinh

20


Panch:

Patel Jyantibhai Baldevbhai

21


Panch:

Patel Narayanbhai Manilal

22


Panch:

Patel Babubhai Mathurdas

23


Panch:

Patel Arvindbhai Bechardas

24


Panch:

Patel Babubhai Varvabhai

25


Panch:

Panchal Babubhai Sakadchand

26


Panch:

Thakor Amraji Kodarji

27


Panch:

Thakor Joitaji Varvaji

28


Panch:

Thakor Kantiji Chhagangi

29


Panch:

Chauhan Fulaji Somaji

30


Panch:

Soni Manishkumar Babulal

31


Panch:

Thakor Jyantiji Varvaji

32


Panch:

Patel Dashrathbhai Baldevbhai

33

Shaikh Faridabanu Ashiqhussain

34

Shaikh Aminabibi Shrifkhan Bhikhumiya

35

Shaikh Bhikhumiya Kalumiya

36

Saheenbanu Aiyubmiya Rasoolmiya

37

Ameenabanu Acchumiy Ismailmiya

38

Shaikh Mustufamiya Rasoolmiya

39

Shaikh Hizbulmiya Hussainmiya

40

Shaikh Iqbalmiya Rasoolmiya

41

Shaikh Akbarmiya Rasoolmiya

42

Shaikh Nazir Moh. Akbarmiya

43

Shaikh Gulamali Akbarmiya

44

Ruksanabanu Ibrahimmiya Rasoolmiya

45

Shaikh Makboolmiya Kesarmiya

46

Shaikh Rafikmiya Mohammedmiya

47

Shaikh Sharifabibi Bachumiya Imammiya

48

Shaikh Ashiqhussain Bachumiya

49

Shaikh Firozabanu Bachumiya Imammiya

50

Shaikh Farzanabanu Bachumiya Imammiy

51

Shaikh Mo.Sattar Bachumiya

52

Shaikh Bachumiyu Imammiya

53

Shaikh Mehmudmiya Hussainmiya

54

Shaikh Samimbanu D/o Mehmudmiya Hussainmiya

55

Shaikh Sabirhussain Kadarmiya

56

Shaikh Bardunnisha Akbarmiya Nathumiya

57

Shaikh Sharifkhan Bhikhumiya

58

Shaikh Rasoolmiya Nannumiya

59

Shaikh Kadarmiya Abumiya

60

Shaikh Kulsumbibi Kadarmiya Abumiya

61

Shaikh Zakir Hussain Kadarmiya

62

Shaikh Shafikmiya Babumiya

63

Pathan Munsafkhan Yasinkhan

64

Shaikh Sharifmiya Babumiya

65

Shaikh Faridabanu Shafimiya Babumiya

66

Shaikh Aiyubmiya Rasulmiya

67

Shaikh Akbarmiya Nathumiya

68

Shaikh Rafikmiya Babumiya

69

Shaikh Jamalbhai Doshubhai

70

Memon Jaan Moh. Ismailbhai

71

Memon Moh. Arif Jaan Moh.

72

Fakir Shabirhussain Imamsha

73

Fakir Sayrabanu Sabirhussain Imamsha

74

Fakir Sharifabanu Sabirhussain Imamsha

75

Fakir Sabirabanu Sabirhussain Imamsha

76

Memon Ab.Kadar Ismailbhai

77

Memon Altafbhai Vallibhai

78

Memon Arif @ Bablo Vallibhai

79

Memon Idrishbhai Valibhai

80

Soni Prafulkumar Natwarbhai

81

Memon Yakubbhai Vallibhai

82

Memon Yunusbhai Sattarbhai

83

Memon Hanifabibi Vallibhai Dawoodbhai

84

Shaikh Basirabibi Bachumiya Nathumiya

85

Shaikh Imtiyaz Moh.Hussain Kalumiya

86

Mansuri Munir Ahmed Noor Moh.

87

Shaikh Hamidaibi Akbarmiya Rasoolmiya

88

 D.J. Soni.
Medi. Officer. Civil

89

P.P. Soni
Medi.Officer. Civil.

90

B.N. Chaudhary, Medi. Officer.

91

I.R.Solanki, Medi. Officer

92

Prakash L.Shah, Medi. Officer

93

Sailesh S. Patel. Medi. Officer

94

Anju M. Parmar, Medi. Officer

95

K.M. Solanki, Medi. Officer

96

K.B. Patel, Medi. Officer

97

Alka D. Patel. Medi. Officer

98

A.K. Kapadia, Medi. Officer

99

N.A. Talvelkar Medi. Officer

100

Pragnesh K. Jain

101

 Prakash P.
Patwa, Medi. Officer

102

J.K. Solanki, Medi. Officer

103

B.B. Solanki, Medi. Officer

104

S.H. Patel, Medi. Officer

105

Vijay V. Soni,
Medi. Officer

106

D.S. Patel,
Assi. Medi. Officer

107

V.R. Patil, Medi. Officer

108

H.T. Modi, FSL Officer

109

P.B. Thakar, FSL Officer

110

B.K. Sathwara, Circle Officer

111

Talati cum Mantri Ellol

112

Lodha Hafizbhai Nasirbhai

113

ASI. M.S. Sadhu

114

H.C. Chandansinh Nathusinh

115

H.C. Vikramsinh Naarsinh

116

 Arm H.C. Jeevagiri Vihagiri

117

PAO H.C. Ambalal Karshanbhai

118

Clerk of Dist,
Megi. of Mehsana Office

119

PSI, M.L. Rathod

120

PI,  K.R. Vaghela

121

PI, R.D. Baranda

122

PI, K.P. Patel

 

 

 Witnesses 
whose statements are recorded by the SIT

As
per the charge sheet
 

 

No

Name of Witness

1

Shaikh Ibrahimbhai Rasoolbhai

2


Panch:

Shaikh Abdulbhai Dalubhai

3


Panch:

Chauhan Aminaben Peerumiya Jeevamiya

4


Panch:

Nagori Makboolbhai Mehmudbhai

5


Panch:

Bawa Ishwarbhai Ramdas

6


Panch:

Mehmudaben Faridkhan Jitrana

7


Panch:

Parmar Pravinbhai Arjanbhai

8


Panch:

Mansukhbhai Bachubhai Parmar

9


Panch:

Yadav Vadansinh Tufansinh

10


Panch:

Chaudhary Hareshchand Heeralal

11


Panch:

Sipahi Rafiqhussain Mohammed Hussain

12


Panch:

Akbarmiya Kesarmiya

13


Panch:

Shaikh Inayathussain Bachumiya

14


Panch:

Joshi Ajitkumar Dashrathbhai

15


Panch:

Shaikh Mo. Sharif Rafik Moh.

16


Panch:

Qureshi Sharafatbhai Sabdalbhai

17


Panch:

Patel Ishwarbhai Gopalbhai

18


Panch:

Patel Maheshbhai Jeevanbhai

19


Panch:

Zala Pratapsinh Dhulsinh

20


Panch:

Patel Jyantibhai Baldevbhai

21


Panch:

Patel Narayanbhai Manilal

22


Panch:

Patel Babubhai Mathurdas

23


Panch:

Patel Arvindbhai Bechardas

24


Panch:

Patel Babubhai Varvabhai

25


Panch:

Panchal Babubhai Sakadchand

26


Panch:

Thakor Amraji Kodarji

27


Panch:

Thakor Joitaji Varvaji

28


Panch:

Thakor Kantiji Chhagangi

29


Panch:

Chauhan Fulaji Somaji

30


Panch:

Soni Manishkumar Babulal

31


Panch:

Thakor Jyantiji Varvaji

32


Panch:

Patel Dashrathbhai Baldevbhai

33


Panch:

Chandrakantgiri Ramgiri Goswami

34


Panch:

Shamalbhi Gopaldas Kadiya

35

Shaikh Faridabanu Ashiqhussain

36

Shaikh Aminabibi Shrifkhan Bhikhumiya

37

Shaikh Bhikhumiya Kalumiya

38

Saheenbanu Aiyubmiya Rasoolmiya

39

Ameenabanu Acchumiy Ismailmiya

40

Shaikh Mustufamiya Rasoolmiya

41

Shaikh Hizbulmiya Hussainmiya

42

Shaikh Iqbalmiya Rasoolmiya

43

Shaikh Akbarmiya Rasoolmiya

44

Shaikh Nazir Moh. Akbarmiya

45

Shaikh Gulamali Akbarmiya

46

Ruksanabanu Ibrahimmiya Rasoolmiya

47

Shaikh Makboolmiya Kesarmiya

48

Shaikh Rafikmiya Mohammedmiya

49

Shaikh Sharifabibi Bachumiya Imammiya

50

Shaikh Ashiqhussain Bachumiya

51

Shaikh Firozabanu Bachumiya Imammiya

52

Shaikh Farzanabanu Bachumiya Imammiy

53

Shaikh Mo.Sattar Bachumiya

54

Shaikh Bachumiyu Imammiya

55

Shaikh Mehmudmiya Hussainmiya

56

Shaikh Samimbanu D/o Mehmudmiya Hussainmiya

57

Shaikh Sabirhussain Kadarmiya

58

Shaikh Bardunnisha Akbarmiya Nathumiya

59

Shaikh Sharifkhan Bhikhumiya

60

Shaikh Rasoolmiya Nannumiya

61

Shaikh Kadarmiya Abumiya

62

Shaikh Kulsumbibi Kadarmiya Abumiya

63

Shaikh Zakir Hussain Kadarmiya

64

Shaikh Shafikmiya Babumiya

65

Pathan Munsafkhan Yasinkhan

66

Shaikh Faridabanu Shafimiya Babumiya

67

Shaikh Aiyubmiya Rasulmiya

68

Shaikh Akbarmiya Nathumiya

69

Shaikh Rafikmiya Babumiya

70

Memon Jaan Moh. Ismailbhai

71

Memon Moh. Arif Jaan Moh.

72

Fakir Shabirhussain Imamsha

73

Fakir Sayrabanu Sabirhussain Imamsha

74

Fakir Sharifabanu Sabirhussain Imamsha

75

Fakir Sabirabanu Sabirhussain Imamsha

76

Memon Ab.Kadar Ismailbhai

77

Memon Altafbhai Vallibhai

78

Memon Arif @ Bablo Vallibhai

79

Soni Prafulkumar Natwarbhai

80

Memon Yakubbhai Vallibhai

81

Memon Yunusbhai Sattarbhai

82

Memon Hanifabibi Vallibhai Dawoodbhai

83

Shaikh Basirabibi Bachumiya Nathumiya

84

Shaikh Imtiyaz Moh.Hussain Kalumiya

85

Mansuri Munir Ahmed Noor Moh.

86

Shaikh Hamidaibi Akbarmiya Rasoolmiya

87

Sabirmiya Akumiya Pathan

88

Mangabhai Ramabhai Rawal

89

Gulam Dastagirkhan Anwarkhan Pathan

90

Prahladbhai Nathabhai Rawal

91

Rewabhai Shankarbhai Prajapati

92

Imtiyazali Hussainmiya Qureshi

93

Saeedabibi Hizbulmiya Shaikh

94

Khatijabibi Dosumiya Shaikh

95

Dilawar Abbasbhai Shaikh

96

Sikandar Rasoolmiya Shaikh

97

Saeenabanu D/o Ashiqhussain Shaikh

98

Jeetubhai Chhaganbhai Patel

99

PSI. G.K Parmar

100

H.C. Ganpatbhai Narshibhai

101

H.C. Laljibhai Arjanbhai Desai

102

P.C. Ramanbhai Valjibhai Garasiya

103

A.P.C.  Popatji Jivanji Chavda

104

A.P.C. Khodidas Govindji

105

Bhikhabhai Pasabhai Patel

106

Ishwarbhai Govindbhai Patel

107

P.C. Krushnakant Kantilal Barot

108

Punjaji Bhartharji Rajput – Driver ASI

109

Rajak Allahrakhbhai Sumra- P.C.

110

Daniyalbhai Khimjibhai Ninama – P.C

111

Kaniyalal Babulal Nai- Homeguard

112

Vasantkumar Babulal Nai- Homeguard

113

Faridbhai Dosabhai Quresh -Homeguard

114

 D.J. Soni.
Medi. Officer. Civil

115

P.P. Soni
Medi.Officer. Civil.

116

B.N. Chaudhary, Medi. Officer.

117

I.R.Solanki, Medi. Officer

118

Prakash L.Shah, Medi. Officer

119

Sailesh S. Patel. Medi. Officer

120

Anju M. Parmar, Medi. Officer

121

K.M. Solanki, Medi. Officer

122

K.B. Patel, Medi. Officer

123

Alka D. Patel. Medi. Officer

124

A.K. Kapadia, Medi. Officer

125

N.A. Talvelkar Medi. Officer

126

Sangita K. Jain, Medi. Officer

127

 Prakash P.
Patwa, Medi. Officer

128

J.K. Solanki, Medi. Officer

129

B.B. Solanki, Medi. Officer

130

S.H. Patel, Medi. Officer

131

Vijay B. Oza,
Medi. Officer

132

D.S. Patel,
Assi. Medi. Officer

133

V.R. Patil, Medi. Officer

134

H.T. Modi, FSL Officer

135

P.B. Thakar, FSL Officer

136

A.L. Gameri, Scientific Officer

137

Mrs. M.R. Dave,
S.O.

138

B.K. Sathwara, Circle Officer

139

Lodha Hafizbhai Nasirbhai

140

ASI. M.S. Sadhu

141

H.C. Chandansinh Nathusinh

142

H.C. Vikramsinh Naarsinh

143

 Arm H.C. Jeevagiri Vihagiri

144

PAO H.C. Ambalal Karshanbhai

145

Clerk of Dist,
Megi. of Mehsana Office

146

Assi. Engineer, North Guj. Power co.

147

Bapumiya Bachumiya Pathan

148

Pravinbhai Khemabhai Parmar

149

Anupamsinh Gehlot, Police officer

150

Bachubha Vesalji Jadeja, DPS

151

PSI, M.L. Rathod

152

PI,  K.R. Vaghela

153

PI, R.D. Baranda

154

PI, K.P. Patel

155

N.P. Patel, Addl. Home Secretary

156

PSI, R.K. Chauhan

157

G.V. Barot, I.O. (SIT)

 

 

Witnesses whose statements are not recorded by the SIT:

(
Witnesses and CJP had petitioned the Hon Supreme Court of India)

 

(1) H.C. Devjibhai (P.S.O. Vijapur) at the time of incident

     (At the most critical time while the incident was taking place in
Sardarpura village, ( from 8 p.m. of the night of 1.3.2002 till the
morning of 2.3.2002) PSO HC DevjibhaiÂ’s presence required that his
statement be recorded which has not been done, not even by SIT).

 


(2) V.H.F. Operator Babubhai

      (Wireless operator from the police who would be aware of all
wireless calls and records has not been examined by SIT)

 


(3) Jamaben Harchandji Thakor

     (Munsafkhan Khan stated in his tatement before SIT  on 11.6.2002
that this Jamaben, resident of Sardapura that a meeting of patels had
taken place in the village an d hhence big trouble and violence will
happen).

 


(4) Mansuri Nisar Ahmed Gulamnabi

  
(Munsafkhan stated in his SIT statement that he had contacted Mansuri
resident of Nisarg society Ahmedabad when the attacks started that
night after 9.30 p.m. who had repeatedly contacted DGP Control
Gandhinagar and Mehsana too for help from his mobile phone and yet his
statement has not been not recorded by SIT)

 


(5) Pathan Abdul  Majidkhan Yasinkhan

(Munsafkhan 
also states that after 9.30 p. he had also contacted Mansuri that
night after 9.30 p.m. who had repeatedly contacted DGP Control
Gandhinagar and Mehsana too for help from his mobile phone and yet his
statement has not been not recorded)


(6) Press reporter Aiyubkhan Pathan

     (Distress calls were also made to this reporter but his statement
has not been recorded)

 

 Complicity of prosecutor Alleged In :

1) In affidavit of complainant
Ibrahimbhai Rasoolbhai Shaikh

(2) Mustufamiya Rasoolmiya Shaikh

(3) Hifzulmiya Rasoolmiya Shaikh

(4) Nazir Mohammed Akbarmiya Shaikh

(5) Moh. Sattar Bachumiya Shaikh

(6) Sharifmiya Bhikhumiya Shaikh

(7) Aiyubmiya Rasoolmiya Shaikh

(8) Jamalmiya Rasoolmiya Shaikh (Expired)

 

Involvement of Politicians in position of power at the time:


*Ibrahimmiya
Rasoomiya in his affidavit before the apex court

 

(1) X Sarpanch Kanubhai Joitabhai Patel

(2) X Transport minister Naraynbhai Lallubhai Patel

 


Nazir Moh. Akbarmiya

(1) Narayanbhai Lallubhai Patel

 


*Jamalbhai
Doshubhai Shaikh (Expired)

 

(1) BJP Sarpanch Kanubhai Joitabhai

(2) Ambalal Maganbhai Bajrang Dal Pramukh

Witnesses statements recorded by SIT that suggest that prior to the
incident on 1.3.2008 there were preparations, signs of a build up and
conspiracy and yet SIT has conspicuously failed to investigate this

 

(1) Ibrahimmiya Rasoolmiya Shaikh (SIT statement on 9.5.2008)

(2) Bhikumiya Kalumiya (SIT statement on 10.5.2008)

(3) Bachumiya Imamiya (SIT statement on 10.5.2008)

(4) Gulam Ali Akbar Miya (SIT statement on 10.5.2008)

(5) Iqbalmiya Rasoolmiya (SIT statement on 11.6.2008)

(6) Akbarmiya Rasoolmiya (SIT statement on 9.5.2008)

(7) AiyubMiya Rasoolmiya (SIT statement on 10.5.2008)

(8) Bashirabibi Bachumiya (SIT statement on 22.5.2008)


 

Faulty Investigation by SIT

 

Re-Investigation and Further Investigation Applications filed before
the Trial Court reveal that:

A)  

Key witnesses listed above appear to
have deliberately not been examined by SIT

B)  

SIT has been tardy and superficial in
obtaining key documentary evidence related to the crime at the time.
For instance, SIT has not obtained the mobile call records or details
of calls of PSI Rathod and PSI Parmar between 28.2.2002 and 2.3.2002;
ii)

C)  

Police witnesses according to the
chargesheet are PSI ML Rathod, Nayab Police officer, Visnagar
divisionBachuba Vesalji, DSP Mehsana, Anupamsingh Gahlot, PI Vijapur,
KR Vaghela PSI Vijapur, GK Parmar and PSI BD Gohil.From the witness
statements it appears that these officers roaming around in the police
wireless vans were constantly in touch with each other on the
wireless. However there are no corresponding message books in the
chargesheets nor has SIT thought it fit during its investigations to
inquire into whether their presence and movements is borne out in the
records.

D)  

 How many of the officers mentioned a
police witnesses in the chargesheets did have mobile phones at the
time? If they did there is nothing to indicate that any attempts have
been made to investigate their phone bills ir call details of these
officers by SIT.

E)  

At the most critical time while the
incident was taking place in Sardarpura village, ( from 8 p.m. of the
night of 1.3.2002 till the morning of 2.3.2002) PSO HC DevjibhaiÂ’s
presence required that his statement be recorded which has not been
done, not even by SIT.

F)  

 It is apparent from the chargesheet
filed by SIT and statements of witnesses MunsafkhanYasinkhan Pathan
and police witness GK Parmar that witness Munsafkhan made innumerable
phone calls from his own landline number 32328 and the mobile nos of
Nisar Ahmed Gulamnabi appealing for help from the police for the
attacks on Muslims that had become, for increased police protection
and timely action. These phone calls were made from 8 p.m. of 1.3.2002
until 4 a.m. of 2.3.2002 to botht he Vijapur police station and state
Control room. Yet in the re-investigation entrusted to it by the
HonÂ’ble SC SIT has simply not bothered to investigate these distress
calls, not recorded any statements in connection with these
innumerable calls, not collected investigated or produced and
telephone call records of the relevant time period, no produced the
telephone vardi book or telephone incoming register. No
statements have been recorded in this connection.

G)  

It appears clearly from the
investigation papers that without panchnamas being carried out and
recorded,  bodies of the dead victims were removed from the spot. SIT
has simply not bothered to investigate this major procedural lapse.
These aspects of the investigation need to be brought on record as
well as why and which police officers were responsible for the lapse.
Statements of officers needed to be recorded on this aspect.

H)  

Witness 144 PSO HC Ambalal Karsanbhai
Macwana answered queries referring to the Station Diary and Inward
telephone Register. However both these vital documents have not been
produced by Sit which goes against the interests of justice.

I)    

Besides witness nos 65, Munsafkhan
Pathan had stated in his statement before SIT made on 11.6.2008 that
“on the day of the incident around 2 p.m.PSI Parmar while on police
patrol of the village had come to my home. At the time one Shankar
Revabhai Prajapati informed me that Patels are likely to cause trouble
in the village today and this he had thereafter informed to PSI Parmar.
PSI Parmar had called Vijapur police station requesting greater police
force and also made told the police station to make an entry in the
station diary.” Similarly witness 99 PSI GK Parmar has stated in his
statement dated 16.6.2008 that Munsafkhan Pathan had called a “peace
meeting” with fifty odd persons including women and men and he had
also by telephone called sarpanch Kanubhai, former sarpanch
Dashrathbhai Patel to the meeting. This witness also stated that at
this time witness Munsafkhan had made several phone calls from his
landline to the Vijapur police station for more police force.
Thereafter from his landline I rang the Vijapur police station and
spoke to PSI OK Jenu asking for more forces and full protection for
the village. The investigation has not looked into what steps were
taken to ensure that those who felt threatened felt same. For this the
Vijapur police station diary, and the Phone Call Inward Register are
critical. Movement of police vans etc are also critical records of
whoich should have been placed with the chargesheet. There are serious
charges of complicity in trhe attacks and violence on the local
police. To establish or clear these allegations it was imperative for
SIT to have investigated thee lapses.

J)   

Around 8.30 p.m. on the day of the
attack, witness statements suggest that some of the accused had burnt
three shop galas from Shaikhvaas (where the final attack took
place). At the time the police did come to the spot but thereafter
vanished without even firing at the mob that had gathered. SIT has not
investigated this lapse as it was mandated to, why adequate police
protection was not givenand what were the circumstances behind this
failure by the police.

K)  

The affidavit filed by Munsafkhan
Yasionkhan Pathan, a witness in the Honourable Supreme Court dated
31.3.2004 has not been appended to the chargesheet filed by SIT in
this case whereas the affidavits of eight other witnesses filed in the
apex court have been filed. The erasons for this discrepancy that is
glaring need to be addressed by the Court. In his statement before SIT
Munsafkhan, on 11.6.2008 also speaks about the preparations for the
attack, including the lighting of halogen lamps in the village square
on an electric police and even these aspects have not been properly
investigated by SIT.

L)   

The case papers in this case and the
witness statement of Firojabano Bachumiya suggest that iron rods with
an electric current were forced and suspended into the home of
Mehmoodmiya where women, old men and children had fled to take
shelter. These statements say tht the current connection was taken
from an electric polo near the home of Nathubhai Karsanbhaibut nothing
in the SIT investigation has explored this aspect of the crime.


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