08, May 2017
UPDATE ON PROTECTON OF WITNESSES
Snce 2004, witnesse sin Sardarpura and Odh were given cluster
protection in their places of resetllement, ie Anand, Odh
village istelf and other smalletr towns. Since 2009 since trials
started, they are given 2 PSO escot while attending court and
cluster protection otherwise.
Naroda and Gulberg witnesses have bee=n given two PSOs each
protection. Since Date of Trial they are supposed to be escorted
by CISF up and down from court
There are some additional witnesses who emerged during the
course of the Trial who ahve not got protection
Details of Witnesses wh have not received protection
Sikendermiya Rasoolmiya Shaikh (Sardarpura) not received
PW 21 (exhibit 209) and Firoz Ishmail Vora (Ex 372)had applied for
protection on 7/9/2011 to the SIT Chairperson in person and by
registered AD but NO protection has been given so far.
Naroda Patia Case
Following Nadeem Saiyed’s daylight murder witnesses applied
for protection to the Court and Judge Jyotsana Yagnik who in an
order passed ysterday has aske for a COMPLIANCE REPORT FROM SIT.
CRITICALITY OF WITNESS PROTECTION IN THE STRUGGLE FOR JUSTICE
The whole aspect of witness
protection for the victim survivors and eye witnesses of the
2002 genocidal carnage has been evolved by Citizens for
Justice and Peace since
2003-2004 when Zahira H Shaikh applied to us for help to fight
for the transfer and retrial of the case. This is the first
time in the history of communal violence cases that witnesses
have been provided Central paramilitary CISF protection since
May 2004 when CJP provided a detailed list of witnesses to
AMICUS CURAIE HARISH N SALVE. It is since May 2004 that
witnesses and victim survivors have been provided protection.
This can be seen through the periodic orders/judgements of the
Hon Supreme Court…
Then, on May 1, 2009 after the SC passed its orders lifting
the stay on all trials including the Sardarpura Trial, CJP was
asked by SIT Chairman RK raghavan to suggest/evolve a scheme.
This we did and are copying the same to you.
In the process of investigations and trials, many new
witnesses emerged, and applied for protection, some have
received it many have not. This information will share with
you once you have gone through all these attachments.
Following nadeem saiyed’s daylight murder CJP had written
to SIT chairman asking for protection of all witnesses and a
review of their security. When we erecievd no reply, five
witnesses applied in the Naroda Patia court yesterday and
Judge Jyotsna Yagnik passed orders.
CJP is happy that former DG RB Sreekumar ahs through a
recent letter has lent wait to our consistent efforts for
witness protection. We
would just like to draw attention tot he fact that CJP has
ensured a witness protection scheme through our interventions
in the SC since 2004. Do ensure that you reflect this.
After NadeemÂ’s murder, court orders more security for Naroda
special trial court for the 2002 Naroda Patiya
massacre case on Thursday
directed the Supreme Court-appointed Special Investigation
Team (SIT) to provide more security to six witnesses in the
The direction came an
application by the six seeking more protection following
murder of one of the witnesses in the case, Nadeem Saiyed,
The six Â— Shalika Sheikh,
Farzana Pathan, Jannatbibi Sheikh, Dildar Umrao Saiyed, Ishrat
Jahan Saiyed and Salim Saiyed Â— moved the application through
their advocate Raju Sheikh before the court of special trial
judge, Jyotsana Yagnik.
Sheikh argued that these
witnesses were not provided adequate protection and the feared
for their lives after the murder of Nadeem Saiyed. They sought
protection as per the SC directions under witness protection
Â“The court has directed the
SIT to provide protection to these witnesses and file a
compliance report at the earliest,Â” said Sheikh.
Nadeem Saiyed was killed by unidentified persons on November 5
on the Juhapura road. He was an important witness in the case.