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CJP |
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CJP |
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Gujarat Riots |
Crime Against Humanity
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September 14, 2004 Nafitullah Shaikh records statement against Madhu Srivastava Additional Commissioner of Police Parghi of the Vadodara police today recorded a detailed three-and-a-half-long statement of Nafitullah Habibullh Shaikh, brother of Zahira Shaikh in Mumbai. The statement was recorded in support of the September 27, 2003 FIR lodged in Vadodara alleging threats and intimidation by Madhu Srivastava (BJP MLA) and Chandrakant Bhattu Srivastava (his cousin) to the Habibullah Shaikh family once the trial in the fast track court had commenced on April 20, 2004. The Supreme Court in it’s order of August 9, 2004 had made inquiries on whether the Gujarat police had initiated any steps against those accused of threats and intimidation by the witnesses. The threats had finally led the entire family to rescind on their earlier statements before the police during the first trial in Vadodara in April-May 2003. On July 7, 2003 at a press conference in Mumbai, Zahira Shaikh had given details of the threats and intimidation after recording detailed affidavits in the presence of Teesta Setalvad, Secretary Citizens for Justice and Peace. Today Nafitullah’s statement was recorded at an undisclosed destination in the presence of Ms Setalvad. Apart from recounting the details of the incident of March 1-2,2002 when the BEST Bakery was systematically attacked over 12 hours and 14 lives lost, the statement gives details of the threats meted out to Nafitullah Shaikh and through him, his family. The salient points of the statement recorded today are: “For about a month before the trial began regular visits by one Rehemtullah a scrap and timber merchant from the Hanuman Tekri area and Lal Mohammed also a timber merchant from there to our home -- Nafitullah and Zahira Shaikh’s family-- began . We were by then living in Ektanagar. “The purpose of these visits was to frighten our family. They told me, Nafitullah that “all the persons arrested as accused in the BEST Bakery massacre whom we all have named are Madu’s and Bhattu’s men. Nothing will happen to them. The government is their’s, the police is their’s. You will all be killed. There will no one left to give evidence.” Nafitullah told the Vadodara police today that these repeated visits had made the family extremely frightened as they had no backing or support to fight the case. “Soon after trial began, the first summons to appear in the fast track trial court was received by the us, for Saira Shaikh, the eldest sister. The duo of Rehemtullah and Lal Mohammad took me, Nafitullah to a place near Alpana Talkies on the pretext of showing me some scrap. Instead they took him to a hotel owned by Chandrakant Bhattu Srivastava in the area. When I inquired as to why he had been brought here, they said, “Come inside you will find out.” Inside, both Madhu and Chandrakant Srivsatava were there with many henchmen. They told me, “ Those arrested as accused are our men, special men. If you give evidence, none of you will survive. I will be in Court to see what you do, what evidence you give.” Madhu Srivastava repeated the threat two-three times. “By now, I was scared, really scared. I went home and told my family what Madhu and Chandrakant Srivastava had said and what was repeated by Rhemtullah and Lal Mohammad. It was after this meeting that I received threats on my mobile from Madhu Srivastava. (His number is 9825060542). The first time when he called and I asked who he was, he said he was Madhu and said, “Have you understood what I said, or not? In two days the court appearance is scheduled and I will be there.” I phoned him back to make sure it was him and he said it was Madhu Srivastava. “Two days later, I went with my sister Saira to Court. Madhu was standing outside the courtroom. He first took us both to the lawyer’s room next to the courtroom. Here there were three other people—Raghuvir Pandya (the public prosecutor), Praveen Thakkar (the defence advocate) and Shailesh patel (another lawyer). He said to Saira who’s summons was for that day and me, “These are all our lawyers. The Judge has been set. All you have to say is ‘Yes, Yes’ and shake your head. If you don’t understand anything just bend your head down. When they ask if these are the accused, just say ‘No.’ There was a lot of smoke and we could see nothing.” He then threatened Saira again before taking her to the witness box. She must have been inside for a maximum of five minutes. The Judge asked two three minimal questions after the oath. Madhu Srivastava was standing glaring at us in the front of the courtroom. “Once Saira stepped down, Madhu Srivastava walked up to the public prosecutor, Raghuvir Pandya and said, pointing to me, “Isko bhi le lo”. (There was no summons for me, Nafitullah Shaikh received for that day! Then Nafitullah’s evidence was recorded in much the same way as Saira’s was). “After this, Zaira received threatening calls on my mobile three-four times. “Think and give your evidence or it will not be wise.” Madhu Srivastava would say. About ten days later the day my mother, brother and Zahira’s testimony was to be given I had taken them to Court. Once again Madhu Srivastava was standing outside the courtroom. He took all four of us inside the lawyer’s cabin. The same three lawyers were sitting there and she and my family were warned against speaking up. Zahira’s evidence went on for about half an hour. After it concluded, Madhu Srivastava brought her to the lawyer’s cabin where there was a video correspondent from the media who asked her, “Zahira what made you change your statement?” The moment he said this, Madhu picked him by the collar and took him out. Then he told us to go to our village for a few days which we did. “We returned around June 29, 2003 and then through the assistance of Teesta Setalvad who had met us in Gujarat several times before came to Mumbai.” In answer to a specific question about whether or not he had telephoned Madhu Srivastava from his mobile, Nafitullah said that he had only returned Srivastava’s call once after the first threat. He had not phoned him thereafter and it was not in his knowledge that anyone had phoned him. Teesta Setalvad, |
