The Special Investigation Team report in the Zakia Jafri
Criminal Complaint, both the one filed by AK Malhotra to the
Supreme Court (12.5.2010) and the final report (8.2.2012)
deceived both the Supreme Court and Amicus Curiae as the team
concealed vital evidence collected by it whether it was in the
form of Police Control Room records or Statements of Accused and
Witnesses.
Advocate Mihir Desai for Zakia Jafri and Citizens for Justice
and Peace on the ninth day of arguments before the 11th
Metropolitan Magistrate Ganatra today showed document by
document how, whether it was in the case of frantic PCR messages
warning of bloodthirsty mobilisation as corpses of the hapless
Godhra victims were cynically brought to Ahmedabad in a bid to
unleash hate and violence on the streets, or statements obtained
during investigation, the SIT had misrepresented its own
evidence, Police Control Room (PCR) messages collected from
former commissioner of police PC Pande clearly showed that
violent crowds had been mobilised to receive the dead bodies
from Godhra but these we concealed from both the Supreme Court
and the Amicus Curaie by the SIT.
Even on the serious issue of hate speech and poison spread by
the Vishwa Hindu Parishad (VHP) a collaborator and conspirator
with the ruling BJP, both Malhotra and Shukla had simply not
investigated the critical documents provided by former ADGP
Intelligence RB Sreekumar. Sreekumar had in a letter on April
16, 2002 advised and recommended that the Home Department
prosecute the authors and publishers of this venom but the Home
department headed by A-1 Modi had simply ignored these serious
recommendations. The SIT simply did not investigate the issue
despite the fact that Sreekumar’s predecessor ADGP-Int, GC
Raigar, Accused Nos 60 did not act on field recommendations from
intelligence officials urging stringent action on the poison
being spread by the VHP.
Desai argued that soon after the infamous meeting at Modi’s
residence between 2230-2300 hours on 27.2.2002 to give effect to
the conspiracy hatched by the core accused at Godhra earlier
that afternoon, the motor cavalcade escorted by Jaideep Patel
leaves Godhra for Ahmedabad. Of the 58 tragic deaths that took
place in S-6 of the Sabarmati Express, four bodies that belonged
to Dahod, Vadodara, Panchmahal, Anand districts were handed over
to relatives there. In all, 54 dead bodies were sent to
Ahmedabad. Of these, 19 of the unidentified dead bodies were
cremated by the hospital authorities on 28.2.02 at Gota
Cremation ground, near the Sola Civil Hospital by the District
Administration and police officers with the help of the
sarpanch of Gota. The undue haste in carrying out these
cremations while the city of Ahmedabad was on fire has not been
explained by SIT. The failure to follow regular procedures
related to unidentified bodies has also been left deliberately
unexplored. Twelve of the brutally charred bodies were brought
to Ramol, Ahmedabad since many of the persons belonged to Ramol
(among them were ordinary worshippers who had joined the trip to
Ayodhya wrongly dubbed kar sevaks) and another two of the
dead belonged to Khokhra. These were cremated by about
2 p.m. at the Hatkeshwar
cremation ground about 4 kms away from Ramol).
The investigation records tell a gory story. In anticipation of
the procession of VHP activists, known for their rabid
anti-minority speeches and mobilizations accompanying the bodies
from Godhra, panic messages demanding bandobast and
protection are sent from local police authorities anticipating
trouble. But there is no response from either the DGP’s office
(responsible for law and order in the state) or the Commissioner
of Police’s office (responsible for the Ahmedabad
Commissionerate. Note: Incidentally these documents were
made available to the SIT only after 15.3.2011, when former
Ahmedabad CP, PC Pande, suddenly produced 3,500 pages of scanned
messages on CDS that in this instance are described as
“Wireless Message Book of Police Control Room, Ahmedabad City
Control Room for date 28/2/2002”. They had been concealed by him
earlier. SIT has not thought to question or penalize him for
this criminal omission in a matter related to a matter of such
grave importance.
These critical wireless messages reveal that from
1:51 hours of 28.2.2002, and
again at
1:59 hours there was panic
expressed by local vans demanding protection from SRP platoon
immediately. That no such enforcements were sent by the
higher-ups is apparent since the conspiracy hatched three hours
before of letting mobs control the streets had been cynically
hatched. By
2:44 hours on 28.2.2002, the
motor cavalcade had reached Sola Civil Hospital and there is
another confirmatory message at
4:00 hours of this fact. By
6:55 hours, i.e., within three
hours an aggressive mob of swayamsevaks belonging to a sister
organization of the ruling party, Rashtriya Swayamsevak Sangh (RSS)
has already gathered at the Civil Sola Hospital (Page No.
5794, Annexure IV, File XIV of the documents). Another
message 20 minutes later at
7:14 hours informs the Police
Control Room that is under the charge of Accused No. 29
(Commissioner of Police) that a large mob has gathered (Page
5796 of Annexure IV, File XIV of the SIT documents).
Again another message three minutes later at
7:17 hours (Page 5797 of
Annexure IV, File XIV of the SIT documents) says
that another mob of 500 was holding up the traffic. This message
is received by Control and passed on to Sola 1. An hour later,
at
8:10 hours, a message records
that three SRP platoons were sent from Police Control to Sola
Hospital for bandobast. (Page 5826 of Annexure IV,
File XIV of the SIT documents). Thereafter, through the day
wireless messages record that there are aggressive and tense
crowds at the Hospital, en route and both locations of the
cremations.
Worst of all, in furtherance of the pre-hatched conspiracy to
ensure that a large body of armed and aggressive VHP-RSS-BJP
supporters take to the streets with blood in their minds to seek
revenge for the tragic killings at Godhra, Acharya Giriraj
Kishore of the VHP was given VIP entry into the city of
Ahmedabad so that poisonous and inflammatory speeches could be
delivered during the cremation. Here is what Giriraj Kishore
said to Star News on 27.2.2002. (Some words were censored
out because they were deemed highly objectionable): Acharya
Giriraj Kishore (Vice President, VHP): (Panel Discussion)
(Incidents like this (Godhra) show the psyche of a community):
“What is the reason for the pilgrims, they were attacked when
they came from Amarnath? What was the reason? That is the
psyche, I say!”....“Communal violence can be checked only…why
this incident happened, who did it, what is the psyche behind
it? This should be studied.”
The SIT Investigation reports both of Malhotra and Shukla
brazenly skip a careful analysis of these records collected by
them and provided to the complainant after rigorous arguments
under Section 173(2). SIT also ignores the spate of virulent
speeches being made before after and during the Godhra incident
on 27.2.2002 To recap, the bodies could reach Ahmedabad by next
morning for the proposed funeral procession instead of being
dispatched to respective districts in contravention of clear
procedures laid down, in the “Gujarat Police Manual’, in an all
out bid to inflame the anger of the funeralists, which could be
converted into a violent communal reprisal Ten dead bodies were
taken to Ramol, and a massive funeral rally of thousands of
aggressive slogan shouting “mourners” took the bodies to
Hatkeshwar crematorium from 10 a.m. in the morning until
evening. Around
10.30 a.m. or so, some crowds
also went berserk and attacked a Muslim Hotel at Thakkarbapa
Nagar, close to Naroda and also a High Court Judge belonging to
the minority community. Finally the cremation took place at 1830
hours. According to the Malhotra Report under Allegation No. II:
“The CM’s decision to bring dead bodies of those killed in
Godhra train fire in Ahmedabad and parade them in Ahmedabad
city”, 19 of the 54 dead bodies brought from Godhra which could
not be identified were allowed to be cremated in a massive
funeral procession, violating laws and regulations (of
preserving unidentified dead bodies until claimed by relatives)
at the Gota Cremation Ground, accompanied by VHP leaders like
Acharya Giriraj Kishore, at a three kilometre distance from the
Sola Civil Hospital. The procession encouraged by the powerful
conspirators was also in violation of curfew orders that were
imposed in Ahmedabad only around 1240 hours on 28.2.2002.
The Sola Police station is at a one-two kilometre distance from
the civil hospital. The cremation that began at 1030 hours
concluded only at 1830 hours (Malhotra Report) though the
distance was only three kilometres. (Incidentally, the same day
while this huge procession was allowed, huge mobs accompanied by
at least 15,000 RSS and VHP men, led the murderous attack on
Gulberg Society, Naroda Patiya and Gaam). Deliberately, the top
brass in the state police and city police administration did not
respond to repeated pleas for security and help from the
wireless vans of the police and the State IB. Detailed empirical
evidence, deliberately ignored by the SIT shows how aggressive
mobilization of mobs had taken place to ensure an aggressive
parading of dead bodies as per the plan hatched at Godhra by
accused No. 1 and other co-accused and subsequent targeted
unleashing of violence. Yet, I.O. Malhotra of the SIT ignores
this wealth of evidence and states that though the processions
were under heavy police escort they passed off peacefully!
Malhotra’s report also admits that 12 of the dead bodies brought
by Accused No. 21 (Jaideep Patel) were allowed by high level
police and administrative authorities (Accused No. 30, K.
Srinivas, Collector, Ahmedabad; Accused No. 29, PC Pande;
Accused No. 38, Shivanand Jha) to be taken to Ramol and
thereafter cremated at Hatkeshwar cremation ground 18-20
kilometres away. (Accused No. 33 MK Tandon is also punishable
for the offences connected with this illegal parading of dead
bodies in breach of prohibitory orders and curfew.
Fireworks flew in the Court when Desai argued that the SIT has
in a clear display of utter negligence and bias misled the
Hon’ble Supreme Court that no aggressive mobilisations took
place around these acts of parading the dead bodies in funeral
processions in such a calculated manner. A similar denial of the
ground realities can be found in DCP Crime Branch, Himanshu
Shukla’s report (Allegation II, Parading of Dead Bodies) dated
8.2.2012. Both reports deliberately gloss over the systematic
preparations and mobilizations of crowds by the conspirators.
Desai quoting from two judgements of the Supreme Court, (1980 2
SCC 402) Baburao Patel vs State (Delhi Administration) and
(2004) 4 SCC 684 State of Karnataka vs Praveen Togadia, Desai
argued that the hateful propaganda in various VHP Pamphlets
attributed to the VHP, Paldi Ahmedabad (office bearers
Chinnubhai Patel and Vankar) fell squarely within the Supreme
Court’s definition of hate speech under sections 153a, 153b, 505
of the Indian Penal Code. Yet A-1 Modi, chief minister and home
minister of the state had reacted casually to serious
recommendations to act that came from his own Intelligence
Department.
Worst and most significant of all, Ashok Narayan had in his
statement before the SIT dated 13.12.2009 (attached) clearly
stated that chief minister and accused 1 was non committal about
action on hate speech.
Ashok
Narayan’s statement to SIT dated 13.12.2009
Que (by Malhotra).
Please see a letter dated 16-4-2002 addressed to the DGP with a
copy to you regarding the two pamphlets in circulations in large
number in Gujarat for which action was proposed u/s 153-A &
153-B IPC after taking legal opinion from the Law Department.
What action was taken on this communication?
Ans. The issues
raised by ADG (Int.) in this letter were discussed with the DGP.
However, I don't recollect any action taken thereon. However, it
may be added here that several such pamphlets were brought to
the notice of DGP, myself and Chief Secretary but in such cases
the name of the printer/publisher had not been mentioned.
Accordingly, we had impressed upon the police to trace out the
culprits responsible for these pamphlets but unfortunately no
material could be collected in this regard, with the result no
action would be taken in this regard.
Narendra
Modi’s statement to SIT dated 27 & 28.03.2010
Q.41(Malhotra
for SIT). Please see a copy of the DO letter dated 22.04.2002
addressed by Shri P. C. Pande, the then CP Ahmedabad City with a
copy to DGP and Addl. DG (Intelligence) about the undesirable
activities of Sang Parivar activists. Was this letter brought to
your notice? If so, what was the action taken by you in the
matter?
Ans. In this connection, it is stated that I do not remember
now, whether this issue was brought to my notice or not. But, it
has been my and my Government's approach right from the
first day, that a culprit is a culprit irrespective of his
caste, creed, religion or socio political background, as nobody
is above law.
The Accused Nos 25 DGP Chakravarti was examined six times by
SIT, on 24.3.2010, 7.5.2010, 5.10.2010, 23.11.2010,
23.3.2011, 14.1.2012, yet SIT did not feel it imp to examine
him on the criticality of the vicious hate speech and bartering
of hatred indulged in by the VHP and allowed by the state police
and administration, despite consistent recommendations to the
contrary from its own Head of Intelligence, ADGP Intelligence
(April 2002-September 2002) RB Sreekumar. It is no wonder that
the administration allowed this criminality to go unchecked
given the Home Minister was Accused Nos 1 Narendra Modi argued
counsel for Zakia Jafri and Citizens for Justice and Peace (CJP)
Mihir Desai before the 11th Metropolitan Magistrate’s
Court today. Today was the ninth day of arguments in the Zakia
Jafri Protest petition.
Annexure
from Protest Petition
Annex IV File XIV (Page No.5713 to 6140)
Dead Bodies Message on Dt. 28.2.02
|
Sr. No. |
Page No |
Date & Time |
Message |
Remarks |
|
1 |
5752 |
28.2.02
1:51hrs |
Zone-1 must be present at Sola Civil Hospital |
Informed Zone-1
(Reply is not available in SIT records) |
|
2 |
5752 |
28.2.02
1:59 hrs |
Send SRP Platoon to the Sola Hospital immediately
|
Informed SRP Control Room
(Reply is not available in SIT) |
|
3 |
5758 |
28.2.02
2:44 hrs |
Dead bodies have reached at Vinzol Patiya |
(Reply is not available) |
|
4 |
5766 |
28.2.02
2:54 hrs |
Police have been informed the name & address of the victims
of Godhra train carnage & have been informed who received &
took dead bodies. |
Informed Sola-1
(Reply is not available) |
|
5 |
5786 |
28.2.02
3:34 hrs |
Dead-bodies have reached at Sola Civil Hospital |
5787
Informed Sola-1, Zone---, VIP Channel State 335 |
|
6 |
5790 |
28/2/02
4:00hrs |
3,000 workers (Swayam Sevaks) are present at Civil Sola
Hospital |
Informed Zone-1 |
|
7 |
5794 |
28.2.02
6:55 hrs |
Dead body of Manglaben Harjibhai Patel residing at Ta. Kadi
Dist. Mehsana, sent from Sola Civil Hospital to Kadi by
Ambulance No. GJ-2Y- 9968 |
Informed State and Control room by Fax.
Reply HCR and Control message passed to Mehsana
5795 |
|
8 |
5796 |
28.2.02
7:14 hrs |
Inform Control room how a large mob has gathered at Sola
Civil Hospital |
|
|
9 |
5797 |
28.2.02
7:17 hrs |
About 500 persons at Sola hospital; traffic is blocked |
Reply Message of 5796 |
|
10 |
5826 |
28.2.02
8:10 hrs |
King Shree informed that 3 SRP Commandant sent from police
control to Sola Hospital for extra bandobast |
5827
Informed Sola-1, Zone-1, Bekar
8:25 |
|
11 |
5836 |
28.2.02
8:20 hrs |
Sola-1 in-charge informed that unidentified dead bodies of
karsevaks have left for cremation from the Sola hospital to
Gota cremation house at
15:00. Keep necessary
bandobast. |
5837
Fax sent to State IB, ADR copy SB |
|
12 |
5842 |
28.2.02
9:01 hrs |
PI-Sola informed that 26 dead bodies identified from 56 dead
bodies, and their heirs have taken their dead bodies; &
other dead bodies after the procedure of identification.
Inform about where dead bodies have been sent. |
Informed Sola-1
9:17 pg. 5843
|
|
13 |
5848 |
28.2.02
9:15 hrs |
Amraiwadi -1 informed that 10 dead bodies have come to Ramol,
Jantanagar. So, informed that Zone-5, Iwary, situation is
very tense in Ramol Jantanagar. Send ACP there. |
Illegible |
|
14 |
5865 |
28.2.02
|
Acharya Giriraj Kishorji Vice president of VHP has reached
Ahmedabad airport. Send bandobast. |
Time not shown
Pg no.5866
Informed Naranpura -2 Depart from Akhbarnagar
10:02 |
|
15 |
5882 |
28.2.02
10:10 hrs |
DGP Zone-3 informed that escort for Giriraj Kishor has not
come. Send immediately. |
Reply is not confirmed. |
|
16 |
5894 |
28.2.02
11:55 hrs |
Shri V.V. Rabari DIG (Int.) informed that a vehicle has been
set on fire/arson on highway near Gujarat High Court. Take
necessary bandobast for High Court judges. |
PCB/P-1 Departure
Reply is not confirmed. |
|
17 |
5907 |
28.2.02
11:58 hrs |
Amraiwadi-1 in-charge informed that 10 dead bodies have been
taken for cremation ceremony from Ramol Jantanagar to
Hatkeshwar Cremation Centre with crowd of 5 to 6 thousand.
|
Informed Amraiwadi -2, Amraiwadi Mobile, Zone-5, Tiger, CP,
State Control,
Reply is not available. |
|
18 |
5925 |
28.2.02
12:50 hrs |
Amraiwadi-1 informed that 8 dead bodies reached at
Hatkeshwar cremation centre. |
Informed Amraiwadi -1,
12:55 pg no.5926 |
|
19 |
5942 |
28.2.02
11:47 hrs |
Send fire brigade immediately to Sola High Court Road |
Reply is not available. |
|
20 |
6035 |
28.2.02
14:45 hrs |
2 dead bodies have been found opp. Sola Hospital and Gota
Cross Road. So, immediate action to move them should be
taken otherwise it is difficult to reach Sola Hospital for
post- mortem. |
Reply is not available. |
Annexure IV, File XV
|
Sr. No. |
Page No |
Date & Time |
Message |
Remarks |
|
1 |
6162 |
28/2/02
11:55 hours |
Saiyed Sahab protocol officer informed Sola -1 that there
were Riots at Sola Civil Hospital at High Court where dead
bodies brought. |
|
|
2 |
6172 |
28/2/02
Time not shown |
As per above mentioned subject-stated, URGENT and IMPORTANT
that they were at civil hospital Sola, and officers,
employees were surrounded had been surrounded by 500 strong
mob and they could not come out. So, there was a request to
provide them security to come out from the Civil Hospital at
Sola |
Add DM informed to PC Ahmedabad
Fax Message informed Zone-1, Sola-1, Bankar at 18:25 hours |
Annex IV File XVI (Page No.6541 to 6940)
Parading of Dead Bodies (Ahmedabad)
