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Citizens for Justice and Peace

ODH Trial Summary and Updates

08, May 2017
#cjp #sit

 

The Citizens for Justice and Peace has retained two advocates Shri
Irshad Mansuri and Nasir Shaikh for both Odh Trials. Several of
the injured witnesses were not examined by the SIT but deposed in
the Court after we made applications before the Trial Court. Like
others, this trial was stayed on November 21, 2003 and stay lifted
on May 1, 2009 when Trials began.
On March 26, 2008 the SC transferred Investigation to the SIT.

SUMMARY:-

Khambolaj police station
I.C.R.No
. 27/02 (SC No. 44/08)

Complainant  :-  Rehana Yusufbhai Vohra

Judge R.M. Sarin

Special P.P

–  Shri. B.C. Trivedi

15.6.02  Charge
Sheet filed on in case No. 833.02 umreth Court

Total Nos of Deaths.
Three

(1) Ayesha Abdulbhai Vohra (2) Nuriben gafurbhai Vohra  3)
Kaderbhai Ishmailbhai Vohra

Total Accused

:- 41  (Kantibhai Manabhai Chavda & Others)

Charge Framed against Accused
– 37 (charge Date 29/9/09)

After CRPC 319 Application filed by Injured Witnesses, Granted 4
Accused Add (Charge date 30/4/11) with sections –IPC 143,
147,148, 149, 302, 436, 440, 451 with 149, 307, 435, 120B  with
34, 395, 295, 297, & BP Act 135(1)

Total witnesses Examined

– 67 (23/9/11)
Doctors-14, Police-03, Mamlatdar- 02 Fire Brigade-01, Ex-maji-01,
police Photographer-01, Hostile-16 Punch – 8

Total documents produced :- 98 documents produce from Ex 74 than
after another document produced between Examination of witness

Absconding Accused

(1) Natubahi Satabhai patel  (2) Ankurbhai Shahpurbhai Patel
(3) Samirbhai Vinubhai patel (4) Rocky @ Rakesh haribhai patel (5)
Mohan @ Shashin Rameshbhai patel (6) Nikul Ravjibhai Patel

25/11/09
Application field by injured Witness under CRPC 173 Ex 211

21/10/09
Application rejected Ex 211

Arvindbhai Bhagabhai Patel passed away (died) during the trail
(9/2/12)

9/6/10

Ex 288 CRPC 319 Application filed to arraign Four More
accused by Injured Victim Witnesses

29/7/11
Ex 345 CRPC 319 Application file

4/12/10

Ex 288, Ex 345, The Application was Partly Allowed against 4
Accused (who were not arraigned by the SIT)            (1) Bhavesh
Manubhai Patel  (2) Bipinbhai Manibhai , (3) Suresh @ Somaya  (4)
suresh @ Tato

12/11/11

Judge visited place of offence, 23/2/12     24/2/12   For FS

2/3/12        Defense
Witness Examined (Mahendra Ambalal Patel owner of Shiv Sadan)

28/3/12
Argument s of the Defence completed

2002

IO K R Bhua (CPI) SIT IO H C Pathak

6/3/2002
Accused No. 1 to 7 Arrested at 11.30

14/4/2002

Accused No. 8 to 44 Accused Arrested  at 17.30 but those all
Acussed were released on Anticipatory Bail through an Order dated
6/4/2002

Accused No. 1 to 7 was release on bail on date 20/3/2002 order of
session Court CRMA No. 169/02 (in thia Application Mahendra
Ambalal Filed affidavit)

Background

Ode village, Khambolaj police station, Anand Police Station
Khambolaj Taluka

Umreth; District: – Anand:

Date of Incident (s)1-3-2002 and 2-3-2002

Time of the Incident(s)  Between 11 and 3 p.m. in the
afternoon (This is the second incident)

On 1-3-2002, the three torching alive incidents of 23 + 3 + 1
human beings being burnt alive took place.

On 2-3-2002, a man was torched alive on the street

At about 12.30 p.m.-1 p.m.

Twenty-seven persons were killed here over three separate
incidents, one in which 23 + 3 + 1 were burnt alive on
1-3-2002 and one more was torched on the street the next day,
i.e. 2-3-2002.

The FIRST FIR 23/2002 and the Second FIR 27/2002 relates to
the incidents of the first day. In between a police officer
also filed an FIR 25/2002
. No FIR was originally lodged
related to the offence of torching alive Ghulam Rasool Miya on
2-3-2002 the next day despite repeated complaints to police
and the Trial Court. Of these 27 persons, 23 were killed on
1-3-2002 in the Piravali Bhagol area of Ode, 3 persons in
1-3-2002 in the Mal Bhagol area of Ode and one person on
2-3-2002 in the Surivali Bhagol area of Ode.

Two FIRs have been lodged at the Khambolaj police station. The
first is C.R.No.23/2002. U/s. 302, 148, 149 etc. and the name
of the complainant is Rafiq Mohammed Abdulbhai Khalifa.
The second FIR lodged with the Khambolaj police station is
C.R.No.27/2002. The complainantÂ’s name is Rehanaben Yusufbhai
Vohra. 22 accused were arrested in both cases. (FIR attached)

Bail was granted immediately in this mass carnage case also. I
crave leave to  refer to the bail orders at the time of hearing of
the Petition.Many of the accused shown as absconding accused are
wealthy NRI Patels who enter and leave the country despite

having been party to such a heinous crime. Eye witnesses live out
in their agricultural

fields and cannot step back and live in Ode own—the price for
having taken the

decision to fight for justice.The remand application for the
accused was rejected by the judicial magistrate, first class,
Umreth, though the crime has been classified as not just grave but
heinous. A revision for remand was made by the police before the
sessions court, Anand, in both the cases.  During the tendency of
the remand revision application, 18 accused were released on
interim-bail for 8 days to celebrate the festival of Shivratri in
2002. Finally,

16 accused who were members of the unlawful assembly which
committed this heinous crime of burning alive 26 persons were
released on regular bail by the sessions court, Anand. This action
of the lower judiciary has generated a sense of injustice and
outrage.  There was undue haste in
granting Bail. Applications & Orders

 

a) Fifteen accused persons preferred bail application No:-
112/2002 before the Additional Sessions Judge at Anand on
8.3.2002. The learned prosecutors Shri Pathak appeared on behalf
of the State. The learned judge Shri N.N. Thakere by his order dt.
20.3.02 released 9 accused out of 15 accused on bail. Relevant
para 4 of the order is important.

b)  The other 18 accused had preferred an anticipatory bail
application No:- 246/2002 u/s 438 of the Code on 15.4.02. Shri
M. S. Pathak appeared for the state as P. P. The learned judge
Shri B.M. Modi was pleased to release the accused on
anticipatory bail by his order dt 20.4.02

c)   Then accused in Cr. Misc application No 417/02 (Rejected on
20.3.02) and 5 accused (rejected on 20.3.02) prefered a Misc Cri application
No 418/02. Both these applications were allowed. The P.P. Shri
V.G. Parlot appeared as P.P. and learned Judge Shri B.M. Modi
released the accused on bail. In both these applications, the
P.P. did  not oppose the bail but consented. A total of 39
accused arrested by
Police and Released on Bail. Absconding Accused shown are as
high as 57. From the 39 accused who were released on Bail, 5
went to America.
A total
of 27 persons lost their lives. The complainants say that only
four deaths are confirmed and the remains of the other victims
have been disposed of at some unknown location. The first FIR
23/2002 relates to the incident of 1-3-2002 and the FIR 27/2002
relates to the incidents of 3 persons being torched alive in a
house.  In between a police officer also filed an FIR 25/2002.
The police continued the FIR dtd 1-3-2002 and clubbed the two
offences into one.  Victim survivors have filed complaints about
the clubbing of offences to Nadiad Court.   Annexed hereto are
the FIRs related to the Ode Massacre as Annexure A (colly). Attached
and annexed hereto as Annexure B (colly) is the complaint filed
by witness
No. 26 Rafik Md. Gulam Rasool Syyed dated 25-09-2003 before the
Nadiad Court about this FIR being registered and other
complaints he filed before the other officials. In this
complaint, the witness has also mentioned that earlier
requests/complaints lodged before different authorities giving
information about this incident and asking that a complaint be
lodged separately were made but unfortunately not heeded.:

a.   On 5/3/2002 complaint to DSP Anand

b.   On 9/7/02 Departmental Police Officer SP, Anand

c.   On 24/7/02, Police Inspector (illegible) Police
Station M.D.S.P. Anand, Home Minister, Chairman of Minorities
Commission Board

Efforts have therefore been made by witness complainants from
the outset to get investigation matters rectified but have gone
unheeded by the authorities in the state of Gujarat. No separate
complaint about the incident on 2/3/02 has been admitted, nor
have investigations been carried out in relation to it.In the
ODE massacre, major accused are out on bail, five are ABROAD.
Many were given anticipatory bail. None of this has been
challenged by the State.

There was no fire fighters inside Ode until 1500 hours on
2-3-2002 which is virtually 24

hours after the attack began. According to the State, “ First firefighter
was called for

extinguishing the fire in houses and the shops. Fire
fighter could reach Ode on 2-3-2002 at 1500 hours (emphasis
added).” 
 On
the very next page, page 7 the state government contradicts itself
stating that 200 homes and shops were put on fire but “due to non
availability of fire fighters the fire in the shops and home
continued till
extinguished on 2
3-2002
after 1500 hours.” (emphasis added)

 

Close to 24 hours fires that had burnt alive people in Ode
village raged unchecked

because of fire fighters either not being summoned until the
next day or not being

available. Any
which way that one looks at it, it is unavoidable to conclude
that there

was mass mayhem in Ode village, that the police present there
were either mute

spectators or connived in the violence. It is also not clear as
to the efforts made to put out the fires and rescue trapped
people in the burning houses before the fire fighters arrived,
the manner in which the survivors were brought, information on
any inquiry lodged into the non requisitioning of the fire
brigade, or their non availability or their delay in coming to
the rescue and any  inquiry lodged into the conduct of police
personnel after complaints received by victim survivors.

The Citizens for Justice and Peace has retained two advocates
Shri Irshad Mansuri and Nasir Shaikh for both Odh Trials.
Several of the injured witnesses were not examined by the SIT
but deposed in the Court after we made applications before the
Trial Court. Like others, this trial was stayed on November 21,
2003 and stay lifted on May 1, 2009 when Trials began.


FIR

Chargesheet


List
of witneses

Charges Framed List of accused Arguments

 

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