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Citizens for Justice and Peace

chrgesmodi

08, May 2017


 

 

 

CRIMINAL CHARGES AGAINST NARENDRA MODI



Teesta Setalvad

 

 


Introduction:-

The Zakia Jafri
(supported by Citizens for Justice & Peace) Criminal Complaint
against Narendra Modi and 59 Others was ordered to be investigated
by the Supreme Court. Zakia Jafri & CJP have been attempting to get
serious criminal charges registered and investigated since
8.6.2006.  The Special Investigation team (SIT) originally asked to
further investigate Nine Major Trials was assigned the task
(27.4.2009). An Amicus Curiae was also appointed to assist the
Court. The SIT in its reports from 2010 onwards arrived at the
conclusion that while several of the allegations were found to be
correct, there was not sufficient material to prosecute the accused.

In stark contrast,
the Amicus Curiae senior advocate Raju Ramachandran looking at the
same evidence collected by the SIT, came to a contrary conclusion,
stating clearly that there was evidence enough to prosecute Narendra
Modi. Faced with this dilemma of two contrary assessments, the
Supreme Court remanded the matter to a lower Court directing SIT to
file its Final Report there. The SC specifically directed that if
the SIT filed a closure report, the Complainants were fully within
their legal rights to file a Protest petition and access all
Investigation papers/documents. (This is a right under Indian law
but was specifically outlined by the Supreme Court in its final
judgement dated 12.9.2011).

Predictably, the
SIT filed a closure report on 8.2.2012 and remained adamant against
making Investigation papers available to the Complainants in
contempt of the Supreme Court order. The Magistrate granted the
Complainant her right to the Investigation Papers on 10.4.2012 but
it took Zakia Jafri & CJP another year to access all the
Investigation reports of the SIT submitted to the Supreme Court. The
SC directed this on 7.2.2013 after which the Protest Petition was
filed on 15.4.2013.

From June
24-August 29, 2013 rigorous arguments in support of the Zakia Jafri
Protest Petition were made before Judge Ganatra, 11th Metropolitan
Magistrate, Ahmedabad.

A committed band
of lawyers including Sanjay Parikh, Mihir Desai and Aparna Bhat
argued the matter and submitted detailed Written Arguments on
18.9.2013.

 The Judgement of
the Magistrate is now awaited.

 Narendra
Modi faces Fifteen Serious Charges of :-

 

 
1.  
Willfully Ignoring Messages from State Intelligence about the
Violent Repercussions of the RSS-VHP called ‘Mahayajna’ before the
tragic Godhra incident on 27.2.2002 and deliberately not initiating
precautionary measures that are imperative under Standard
Operational Procedure; messages from 7.2.2002 to 25.2.2002,
including specific ones that stated that batches of 2,800 and 1,900
kar sevaks had left for Faizabad-Ayodhya and had been behaving
provocatively and aggressively against minorities on the way. As
cabinet minister for home and chief minister, he is directly
responsible MOS Home Gordhan Zadaphiya is a constant Co-Conspirator.
Co-accused, ACS Home Ashok Narayan has admitted these messages were
received by the GOG Home department. 


(Evidence of
this :-
  Official Documents Including over one dozen
messages of the State Intelligence Bureau to the political head of
the home department, Narendra Modi, other senior bureaucrats named
as co-conspirators in the Zakia Jafri Complaint including accused
former Director General of Police, K Chakravarthi; TehelkaÂ’s
Operation Kalank that was authenticated by the CBI following an
Order of the NHRC dated 5.3.2008 also contained direct evidence of
collection of arms, ammunition including dynamite by several VHP and
RSS men before 27.2.2002. All these messages are part of the SIT
Investigation Papers at Annexure III, File XXXIV D-176)


 

 
2.  
Deliberately concealing knowledge of the provocative, anti-Muslim
sloganeering by kar sevaks at the Godhra station when the Sabarmati
Express reached five hours late on 27.2.2002, which information had
been sent to him directly by DM/Collector Jayanti Ravi and willfully
failing to take stern action and allowing violent incidents to
escalate after the train left Godhra by about
1.15
p.m. especially at Vadodara station where a Muslim was
attacked and killed and at Anand where the train stopped hereafter
ensuring that the state allowed a hate-filled and threatening
atmosphere against Muslims build right up to Ahmedabad where the
train finally reached around
4
p.m. and where bloodthirsty slogans were being
shouted. FIRs in 19 brutal incidents against Muslims are recorded on
27.2.2002 in Ahmedabad itself. Curfew was not imposed despite these
incidents resulting in deaths breaking out.


(Evidence of
this :-

 
Fax
Message Sent by DM Jayanti Ravi and Message of the SIB are available
@ .Annexure III, File XLI at Serial Nos 1 and Annexure IV, File IX,
Serial Nos 241-in the SIT record)    

 

 
3.  
Conspiring with the Vishwa Hindu Parishad to plot and allow reprisal
killings all over Gujarat. The first phone call that Modi makes
after DM RaviÂ’s fax reaches him is, not to appeal for peace and
calm, but phone secretary VHP, Gujarat, Dr Jaideep Patel and direct
him to Godhra. The Conspiracy between Modi and the VHP is hatched
and unfurled to cynically ensure state-wide reprisal killings. Phone
call records show these phone calls between PA to Modi AP Patel and
Jaideep Patel immediately after the chief minister receives news of
the Godhra tragedy. Phone call records made available by Rahul
Sharma (IPS, Gujarat) also show that Powerful Accused were in touch
with the chief ministerÂ’s office (CMO) and the landline numbers of
the chief minister.


(Evidence of
this :
– Page 5-6,Annexure Volume IV to Protest Petition
contains AP PatelÂ’s Phone Records and at Annexure IV, File V and VI
in SIT Papers; Conspicuously, the SIT records statements of all
officials of the chief ministerÂ’s office (CMO) following CJPÂ’s
submission of the phone records to the Supreme Court but does not
record A.P. PatelÂ’s.). 

 

 
4.  
Brazenly supporting the Bandh call called by the VHP and allowing
the streets and public spaces of Gujarat to be used for mass attacks
and violence. By 12 noon on 27.2.2002, state intelligence and the
police were aware of the Bandh call; Yet deliberately no preventive
steps were taken; the bandh was uses by the police machinery to
clear the streets of ordinary citizens so that aggressive mobs could
target minority populations and their establishments.The first
message directing preventive measures that comes from the GOG home
department against Modi is past 10 p.m. on 28.2.2002 when over 200
persons have been massacred in broad daylight in Ahmedabad alone.
Only two Preventive Arrests in Ahmedabad on 27.2.2002 that two of
persons belonging to the Minority Community despite the fact that
over 2 dozen attacks had taken place on Muslims all over the state
on 27.2.2002 itself. Only two Preventive Arrests in Ahmedabad on
27.2.2002 reveal that of the two of persons arrested on 27.2.2002
from Astodia, both belonged to the Minority Community. The National
Human Rights Commission (NHRC) commented on the stateÂ’s dubious
response vis a vis preventive measures in general and preventive
arrests in particular.


(Evidence of
this :

Message from the State Intelligence warming of the serious
implications of the VHP bandh is available @ (Annexure IV, File XX,
Serial Nos 374, Page Nos 8289 I the SIT Papers/ Record and the
message from the GOG home department sent out at 10.15 p.m. on
28.2.2002 is available @ Annexure III, File XLI, Sr Nos 15 SIT
Papers/Records; Statistics of Preventive Statistics of Preventive
Arrests are available @ Annexure III, File I, D-2, Pages 254-255,
SIT Record/Papers). 

 

 
5.  
Cynically, and illegally allowed Post Mortems Illegally out in the
Open at the Railway Yard, Godhra where the burnt and mutilated
corpses were laid in full view of an aggressive and irate crowd of
RSS and VHP men and women, who were gathered there in violation of
Curfew Orders @ Godhra. Deliberately allowing photographs of the
burnt corpses to be taken and widely circulated by the RSS-VHP and
media in general, despite it being prevented under law; Modi
dispatching Accused Nos 2-Ashok Bhatt to oversee illegally conducted
post-mortems; Modi was himself present when these post-mortems were
conducted out in the open @ the railway yard in front of a mob of
RSS and VHP men;


(Evidence of
this :

Phone call records between Modi and Bhatt, former health minister
(since deceased) are evidence of how the latter was dispatched to
Godhra; the Godhra Sessions Court judgement 69/2009/ 86/2006.
204/2009 @ Page 105; This was handed over to the Court on 29.8.2012
comments on the illegality of the post mortems and also has a vivid
photograph showing the bodies lying in the open in the Railway Yard
at Godhra; Section 223, 4(vi), Volume III Gujarat Police Manual lays
down specific legalities to be followed for post mortems that
specifically direct no photographs of gory bodies being allowed.). 

 

 
6.  
Personally instigating individual RSS-VHP men and women at the
railway yard at Godhra assuring them that enough time will be
allowed by the Modi-led government and administration to extract a
revenge for Godhra.


(Evidence of
this :

 Excerpts
of the authenticated Tehelka Transcripts of Ramesh Dave, Rajendra
Vyas of the VHP Haresh Bhatt of the BJP and Bajrang Dal. Anil Patel
of the VHP, Dhimant Bhatt of the RSS,, Dhawal Patel and Arvind
Pandya from the Tehelka Transcripts available @ Annexure III, File
XIII, D-129 in SIT Records and statements available at Annexure I
Volume I and II of the SIT record)

 

 
7.  
Directing that the unidentified bodies of Godhra train victims
should be handed over to Jaideep Patel, a non-governmental person,
that too belonging to a supremacist and communal VHP to be brought
to Ahmedabad where aggressive funeral processions in full public
view were allowed. Modi directed this at a meeting at the
Collectorate in the evening of 27.2.2002 before he returned to
Gandhinagar. Jaideep Patel was allowed to be present at an official
meeting at the Collectorate. Jaideep Patel is a co-conspirator and
also facing trial for mass crimes in the ongoing Naroda Gaam case.
Modi is specifically guilty of allowing the escalation of violence
from Godhra to other parts of Gujarat and taking decisions contrary
to law.


Evidence of this :

 DM
Jayanti RaviÂ’s statement to the SIT dated 15.9.2009 @ Annexure I
Volume I, Sr Nos 19 in the SIT record, clearly states Jaideep Patel
was present at the meeting at the Collectorate though Modi and
Jaideep Patel, both denied it

 

 
8.  
Specifically instructing his top policemen and administrators not to
act evenhandedly in the days to follow and “allow Hindus to vent
their anger.” Two senior bureaucrats present at the meeting have
stated that cabinet ministers were present at a meeting that went on
well past
midnight. Haren Pandya, a minister
in ModiÂ’s cabinet in 2002 had given evidence of this to the
Concerned CitizenÂ’s Tribunal headed by Justice Krishna Iyer and PB
Sawant in 2002 itself. Later in 2009 a serving officer from the
state intelligence, Sanjiv Bhatt also gave the same evidence before
the SIT and the Supreme Court.


(Evidence of
this :

 (i)
Statement of Haren Pandya to the CCT dated 13.5.2002 @ Internal
Page 82 Volume II of the Concerned  Citizens Tribunal Report in
section on State Complicity @ Annexure III, File, I, D-2, D-3, D-4
of the SIT Record/Papers.
; (ii) On 27.10.2005, in the Fourth
Affidavit, R.B. Sreekumar before the Nanavati Commission dated
27.10.2005 stated that K. Chakravarthi, DGP Gujarat (A-25) had given
information of the same words being uttered by A-1 Modi at the
meeting on 27.2.2002 ; (iii) On 11.07.09 Statement of Shri R.B.
Sreekumar, formerly Addl.DG (Int.), Gujarat  to the SIT (Annex
I, Vol I Sr. No.5, SIT Papers/Record) where he
confirmed this; (iv)On 12.08.2009,Statement of Shri Vitthalbhai
Pandya, father of Late Haren Pandya, R/o, Paldi, Ahmedabad 
(Annex I, Vol I Sr. No.12, SIT Papers/Record)
where he stated
that his son Haren Pandya had told him about attending the meeting
at the residence of A-1 on 27.2.2002 in the late evening as also of
the provocative instructions given by A-1; (v)


On 28.8. 2009,
Justices P.B. Sawant and Justice Hosbet Suresh gave two separate
statements. Both eminent Judges, retired Supreme Court and High
Court respectively, also stated that three serving IPS officers,
Sami Ullah Ansari, Himanshu Bhatt and Vinod Mall also deposed before
them in person requesting anonymity but confirming that such illegal
instructions were issued.(Annexure I Volume I Sr.Nos 16 & 17 of
the SIT Record/Papers)
; (vi) On 30.10.2004,Mr. Rahul
Sharma stated in his deposition on oath before the Nanavati
Commission that when he spoke to his superior officer DGP, Gujarat,
A-25 Chakravathi on 1.3.2002 at about

10:22 p.m. to request to make more force available for
him at Bhavnagar, the DGP told Mr. K Chakravarti also told him that
“the bureaucracy had been completely neutralised”.


Amicus Curiae Raju
Ramachandran has clearly stated in his Interim and Final reports
before the Supreme Court (20.1.2011 & 25.7.2011) that Evidence
regarding the unlawful and incendiary words spoken at the meeting of
27.2.2002 should be tested in a trial.) 

 

 
9.  
Preventing the Imposition of Curfew. Curfew was deliberately not
imposed at Ahmedabad while over 3,000 RSS workers were allowed to
gather at the Sola Civil Hospital where Jaideep Patel arrived with
the bodies of the Godhra victims at about
4
a.m. The crowd was aggressive and violent as proved
from the police control room records. No steps were taken to
disperse the crowd that attacked the hospital staff and doctors, a
High Court judge, Violent funeral processions were allowed to wind
through the streets of Ahmedabad for several hours at two locations;
worst Acharya Giriraj Kishore was given police escort to come and
further provoke the aggressive mob; the cremations took place only
in the evening and attacks on Naroda Patiya, Naroda Gaam and Gulberg
Society where over 200 persons were massacred (and rapes allowed) in
broad daylight on the same day, 28.2.2002, while violent and
aggressive funeral processions were willfully allowed by Modi and
the police and administration.


(Evidence of
this :

Messages from the Police Control Room records that were first denied
to SIT but thereafter produced in a CD by former Commissioner of
Police, PC Pande, after the Supreme Court ordered further
investigation on 15.3.2011 show a slew of such messages:-
Page
No. 5794, 5796-97 & 5826, Annexure IV, File XIV of the SIT record.)

 

 

10.   Making a pretence of verbally calling in the Army on the late
evening of 28.2.2002 but not actually allowing its deployment in
Ahmedabad, Godhra and Bhavnagar and Varodara until 2.3.2002 and
3.3.2002. Worse badly affected districts like Mehsana, Panchmahals,
Dahod, Anand, Kheda were not given an Army or Paramilitary at all.


(Evidence of
this: –

Documents related to the Correspondence of the GOG Home department
available in the SIT Papers)

 

 

11.   Fourteen out of GujaratÂ’s 25 districts were allowed to burn as
Ministers were specifically deployed by Modi to interfere with
Police functioning and sit in the State Control Room and Ahmedabad
City Control Room; in Eleven Districts where Violence was
controlled, the Police Officers in Charge were given Punitive
Transfers to send a Political Message. Modi heads the Home
department that bends the Police Bureaucracy and Police to his Will.


 

 
12.
Modi allowed violence to continue unabated until early May 2002 when
KPS Gill was sent by PM Vajpayee to the state; the National Human
Rights Commission (NHRC), April and July 2002 and Central Election
Commission (CEC) were misled about the spread and intensity of
violence. This was willful subversion of the justice system. The
Subversion of the Home Department under A-1 in which co-accused,
Gordhan Zadaphiya, MOS Home, A-5, Ashok Narayan, ACS Home, A-28, 
and K Nityanandam, Secretary, Home, A-34 played an active part
included deliberately misinforming the Ministry of Home Affairs of
the Government of India about the extent and spread of violence:-
Correspondence exists to reveal how senior VHP and RSS men were
being kept out of the FIRs and charge sheets related to serious
massacres being filed by the Ahmedabad Crime Branch; how violence
was recurrent and was being allowed with even ministers like Bharat
Barot directly involved.


(Evidence of
this :

the NHRC and CEC Reports as also the correspondence between the NHRC
and chief secretary Subha Rao, also an accused (Accused Nos- 27) are
clear testimony of this subversion; ACS Home Ashok NarayanÂ’s letters
to DGP available in SIT record show the subversion in keeping names
out of FIRs etc)

 

 

13.   Partisan prosecutors belonging to the RSS-VHP were appointed
to ensure that cases were killed in their infancy; bail was easily
granted to powerful accused until the Supreme Court stepped in, in
2003 and 2004. Two trials, the Best Bakery trial and the Bilkees
Bano cases were transferred out of the state.


(Evidence of
this :

Judgements of the Supreme Court on 12.4.2004 and 1.5.2009)

 


 14.  
Hate Speech was indulged in by Modi himself, on 27.2.2002 and right
until the infamous Becharaji speech made top set off his election
campaign on 9.9.2002 and also cynically permitted by the Home
Department under him to spread poison and incite violence against
Muslims and Christians. The State Intelligence under ADGP-Int RB
Sreekumar had specifically recommended prosecution of the VHP for a
series of incendiary pamphlets but this was ignored. SP Bhavnagar,
Rahul Sharma too had recommended the prosecution of Sandesh, the
Gujarati mainstream newspaper for publishing false and provocative
photographs and reports. Both the NHRC and EditorÂ’s Guild had also
strongly recommended prosecution of those guilty of hate speech.
Modi had, instead sent congratulatory letters to those newspapers
who had spread lies and venom. RB Sreekumar, Rahul Sharma and Sanjiv
Bhatt are among the officers persecuted by the Gujarat government
under Modi (home minister).


(Evidence of
this :

ModiÂ’s speech and its transcript is clearly communal; GujaratÂ’s
Intelligence department responding to the National Commission for
the Minorities (9.9.2002) clearly assessed the deleterious impact of
the speech ; Official letters of then ADGP Sreekumar dated
16.4.2002, then SP Bhavnagar, Rahul Sharma and then CP Vadodara all
strongly recommending prosecution of VHPÂ’s hate pamphlets and the
Sandesh newspaper –all part of the SIT record–were ignored by the
political head of the GOG Home department, Modi. Ashok NarayanÂ’s
statement to SIT dated 13.12.2009 available in the SIT Record @
Annexure I Volume I states that Modi was extremely dismissive of
these repeated requests for prosecution)

 

  15.  
Modi is guilty of ordering the Destruction of Crucial documents
including Wireless Intercepted Messages, Vehicle logs, Police
Control Room records and others on 30.3.2008, four days after the
Supreme Court appoints the Special Investigation Team (SIT) on
26.3.2008. He has headed the Home ministry portfolio since that
date.


(Evidence of
this :
(Pages
70-77 of the Compilation that consists of documents from the SIT
Record; Annexure IV, File I Sr Nos 23)


 

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