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 |
|
3 |
|
4 |
|
5 |
|
6 |
|
7 |
|
8 |
|
9 |
|
10 |
|
11 |
|
12 |
|
13 |
|
14 |
|
15 |
|
16 |
|
17 |
|
18 |
|
19 |
|
20 |
|
21 |
|
22 |
|
23 |
|
24 |
|
25 |
|
26 |
|
27 |
|
28 |
|
29 |
|
30 |
|
31 |
|
32 |
|
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. |
89 |
P.P. Soni |
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. |
102 |
J.K. Solanki, Medi. Officer |
103 |
B.B. Solanki, Medi. Officer |
104 |
S.H. Patel, Medi. Officer |
105 |
Vijay V. Soni, |
106 |
D.S. Patel, |
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, |
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 |
|
3 |
|
4 |
|
5 |
|
6 |
|
7 |
|
8 |
|
9 |
|
10 |
|
11 |
|
12 |
|
13 |
|
14 |
|
15 |
|
16 |
|
17 |
|
18 |
|
19 |
|
20 |
|
21 |
|
22 |
|
23 |
|
24 |
|
25 |
|
26 |
|
27 |
|
28 |
|
29 |
|
30 |
|
31 |
|
32 |
|
33 |
|
34 |
|
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. |
115 |
P.P. Soni |
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. |
128 |
J.K. Solanki, Medi. Officer |
129 |
B.B. Solanki, Medi. Officer |
130 |
S.H. Patel, Medi. Officer |
131 |
Vijay B. Oza, |
132 |
D.S. Patel, |
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, |
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, |
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.