OVERWHELMING EVIDENCE OF THE
DIRECT INVOLVEMENT OF THE GUJARAT GOVERNMENT IN THE VIOLENCE THAT
ENGULFED THE STATE FROM FEBRUARY 2002 ON
Chief Minister Narendra Modi
A number of attempts have been made by the BJP, RSS,
VHP and the Bajrang Dal to prove that there is no specific evidence to
indict the involvement of Gujarat CM Narendra Modi in the communal
violence of February 2002 in Gujarat. However, the instances highlighted
as under will give a detailed account, each verified by a number of
sources, of the clear involvement of the CM and his attempt to ensure
that the entire state machinery followed his dubious diktat.
For more information see: “Villain of the Piece”
by Teesta Setalvad: Combat Communalism: June, 2009 availiable at
February 27, 2002
The tragic killings in the
fire in coach S-6 of the Sabarmati Express train at Godhra were used in
order to justify the pre-orchestrated communal massacre which effulged the
The district magistrate and
collector of Panchmahal (Godhra), Jayanti Ravi described the incident at
the station an accident.
Even the then P.M. Atal
Bihari Vajpayee while making his official statement in Parliament at about
4 p.m. on the same day reffered to to the Godhra tragedy as an accident.
However, Modi who arrived in
Godhra around 2 p.m. surrounded by VHP confidants like Dr. Jaideep Patel
decided otherwise. At about 7.30 p.m. on Akashwani Gujarati radio
broadcast Modi stated that the incident at Godhra was a preplanned ISI-driven
conspiracy. In the days that followed the MHA headed by L.K. Advani, did
its best to create an impression of such a conspiracy. To date this
conspiracy has not been proved.
Modi first asked for the
burnt coach to be transported to Ahmedabad but Jayanti Ravi strongly
opposed this move. Thereafter, Modi ordered that the bodies be handed over
to the then VHP state general secretary, Jaideep Patel who sent them to
the Sola Civil Hospital in Ahmedabad. It was at this time that the bodies
were paraded around. The bodies were not handed over to any official but a
functionary of a rabid organization.
Late in the evening of
February 27, Modi called a secret meeting in Gandhinagar, which was
attended by certain members of his cabinet and top bureaucrats. At this
meeting illegal instructions were issued, where policemen and bureaucrats
were in fact instructed to perform illegal acts. The minutes or records of
the meeting held at Chief Minister Modi’s office on February 27, 2002 were
not documented. The next morning one more such meeting was held at
Evidence of these Meetings:
The CM called a meeting of senior police officers &
bureaucrats on the night of 27th February, 2002
at which Officers were “advised” not to take action
against the riotous mobs the next day and let people vent their
(Meeting attended by Chief Secretary; ACS, Home
Department, DGP, Principal Secretary to the CM, CP, Ahmedabad City, etc.)
Testimony of this meeting given to Concerned
Citizens Tribunal, Crimes Against Humanity 2002 Report by MOS revenue,
Haren Pandya on May 18, 2002; Justice PB Sawant, KG Kannabiran,
Justice Hosbet Suresh and
Teesta Setalvad (Convenor) present
Intent behind these Illegal Instructions:
senior ministers/party functionaries at selected Police Control
Rooms on 28th
• To monitor riots
• To ensure police
residential colonies, shops & establishments identified beforehand.
Corroboration of the
Meeting of February 27, 2002
Former DGP, Gujarat, RB
Sreekumar, states in paragraph 84 of his fourth affidavit before the
Nanavati-Shah Commission that on February 28, 2002 his senior, the then
DGP, K. Chakravarti, also told him about the late evening meeting on
February 27. The meeting was held in Modi’s office after his return from
Godhra. At this meeting the chief minister is reported to have said,
"In communal riots police takes action against Hindus and Muslims on
one-to-one basis. This will not do now, allow Hindus to give vent to their
anger." None of the officers present at the meeting (which included PC
Pande, the then CP, Ahmedabad, Ashok Narayan, additional chief secretary
(home), etc) objected to these verbal instructions from the chief
Chakravarti also observed
in his conversation with Sreekumar that the chief minister’s attitude was
proving to be a major obstacle to police officers in initiating action
against Hindu communal elements who were on the rampage against
minorities. He added that the act of parading the dead bodies of those
killed in the Godhra train fire in Ahmedabad, including those who did not
belong to the city, was highly objectionable and had made the situation
more volatile by provoking rage among Hindu communal elements against the
minority community. He also said that PC Pande had objected to this
parading of dead bodies in Ahmedabad but the commissioner’s objections had
been overruled by the Chief Minister.
suggested to Chakravarti that the latter should issue instructions to
jurisdictional officers to act in accordance with the law, and follow the
appropriate instructions regarding the strategy and tactics to be employed
while handling communal riots, nothing of the sort was done.
DGP Chakravarti was quite
critical of the presence of a cabinet minister, I.K. Jadeja, in his office
during the days following the Godhra train fire and complained that this
was adversely affecting his supervision of the riot situation. He also
said that officers in critical situations were carrying out the verbal
orders of leaders of the ruling party instead of following the directives
of jurisdictional officers.
Sreekumar, who on April
24, 2002 was promoted to the post of Additional Director General of Police
from April 2002. From April 2002 until September that year he maintained a
personal register documenting the illegal instructions issued by Modi and
his own superiors in the police department. These instructions were aimed
not towards arresting the violence and booking the guilty but shielding
the real accused and concocting false evidence. He got this document
cross-signed by his immediate boss, OP Mathur, the IGP (administration and
In this register,
Sreekumar documents that on June 7, 2002 PK Mishra, principal secretary to
the chief minister and accused no 31 in the FIR, asked him, as chief of
intelligence, to find out which minister from the Modi cabinet had met a
private inquiry commission of which retired Supreme Court judge, VR
Krishna Iyer, was a part. Mishra told Sreekumar that Haren Pandya, the
then minister of state for revenue, was suspected to be the man concerned.
He also gave Sreekumar the number of a mobile phone (98240 30629) and
asked him to trace the call records.
Five days later, on June
12, 2002, Sreekumar informed Mishra that Haren Pandya was believed to be
the minister concerned even as he stressed that the matter was a sensitive
one and outside the State Intelligence Bureau (SIB)’s charter of duties.
Call details of the above-mentioned mobile phone which, it turned out, did
belong to Pandya, were however handed over to Mishra through IGP OP Mathur.
Modi was obviously
keeping a close watch on any information leaks or dissent within his
cabinet or hierarchy of officials.
Further, according to the
report of the Concerned Citizens Tribunal – Gujarat 2002 by a panel
including Justices VR Krishna Iyer and PB Sawant:
"The chief minister,
Narendra Modi, took an active role along with at least three cabinet
colleagues to instruct senior police personnel and civil administrators
that a ‘Hindu reaction was to be expected and this must not be curtailed
"What is worse or as
bad as the occurrences themselves is the now almost incontrovertible
pointers/evidence, including statements made by a former cabinet minister
of the state of Gujarat, that a high-level meeting was convened by the
chief minister at which then chief secretary, Subbarao, and then
[additional chief secretary (home)] Ashok Narayan, and senior policemen
were summoned, at which clear instructions were given ‘not to deal with
the Hindu rioting mobs’. Thereby clear sanction and sponsorship was given
by the state to brute violence that included sexual violence of girls and
women" (Crime Against Humanity, report of the Concerned Citizens Tribunal
– Gujarat 2002).
A minister from Modi’s
cabinet had testified about these details before the tribunal in May 2002.
His identity was kept anonymous. Soon after the report was released in
November 2002 however, one of the panel members revealed Haren Pandya’s
identity to Outlook magazine. Pandya was killed within a few
months. The then Minister for Home Affairs LK Advani not only handed the
investigation to the CBI but was instrumental in subverting the whole
inquiry. No motive was established by the central investigating agency.
Worse, accused number 1 in the CBI chargesheet, Mufti Sufiyan has
absconded across India’s borders. Press reports have informed that DG
Vanzara, Narendra Modi’s favourite criminal cop was the one who provided
Evidence through an Analysis of Phone Call Records, Police Control Room
Records, Case Diary Entries Etc.
Locational Evidence of Illegal Meetings at the Chief Minister’s Residence
(Submitted by Citizens for Justice
and Peace to the Special Investigation Team (SIT), the Nanavati Shah
Commission and also filed before the Supreme Court of India, May-August
Showing Locations of Persons from the CMO and Senior Policemen in and
around the Gandhinagar area (CM’s Residence) corroborating the fact that
secret/illegal meetings did take place there where instructions to allow
free reign to the organized mobs led by men of the VHP/Bajrang Dal are
alleged to have been given-
Circle, Gandhinagar CMO + CP Pande 27.2.2002 Late Evening
Circle, Gandhinagar CMO + Maya Kodnani + Chakravarti 28.2.2002
Individual Phone Records and Graphs
WHO SPOKE TO WHOM?
(Submitted by Citizens for Justice and Peace to the
Special Investigation Team (SIT), the Nanavati Shah Commission and also
filed before the Supreme Court of India)
Records of 44 Persons including the CMO, Senior Cops,
Bureaucrats & Politicians
Chief Minister’s Office
Minister’s Office (CMO) makes 15 calls to Commissioner of Police
Ahmedabad PC Pande while the city was aflame and the CP did not move out
of his office after 11 am at all.
Conclusion: Calls were Directly Co-Related to Instructions to Top Echelons
of the Police not to Act.
Office is in Contact with VHP Gujarat General Secretary Dr Jaideep Patel
(now an accused in both the Naroda Patiya and Naroda Gaam massacres)
several times on February 28, 2002. The CM’s Office Nos phone Records
show such a contact 5 times with Sanjay Bhavsar twice and with Tanmay
in Close Touch with CMO/ CMO in Touch with Accused
Jaideep Patel was in touch with the CMO, Ministers Ashok Bhatt and
Govardhan Zadaphiya, DCP Gondia, BJP President Rajendrasing Rana and
co-accused Maya Kodnani and Babu Bajrangi.
Conclusion: For the CMO to be directly in touch with the man entrusted to
bring the bodies of the Godhra victims back to Ahmedabad and moreover the
man accused of leading and inciting the massacres and rapes in the Naroda
Patiya and Gaam areas suggests collusion of the CM in the violence at the
Planning for the Massacre
on February 27, 2002
Influential Persons at Meghaninagar and Naroda on 27.2.2010 while the
Chief Minister was in Godhra
Showing Locations of Important Persons at MEGHANINAGAR AND NARODA --Key
Locations that Burned the Next Day
What were Six Persons from
the CMO, Anil Mukhim, OP Singh, Tanmay Mehta, Sanjay Bhavsar, AP Patel and
JM Thakkar doing in the Meghaninagar area between 1400 to 1700 hours on
27.2.2002 while CM Modi was at Godhra?
Health Minister Ashok Bhatt
and Tanmay Mehta were at Narol Naroda between 0900 hours and 1700 hours on
It was at these very
locations that violence spilt over, in broad daylight the next day as
Startlingly, on the day of
the GULBERG MASSACRE/NARODA PATIYA AND GAAM MASSACRES, persons from the
CMO, Ministers Ashok Bhatt and IK Jadeja, ACS Ashok Narayan and even DGP
Chakravarti are shown through an Analysis of the Mobile Phone Records to
be Located in these areas of Ahmedabad City.
Early Morning (5.10 am) Ashok
Bhatt Narol, Naroda
Afternoon (3.41 p.m.) Ashok
Narayan Narol Naroda
Afternoon (3.56 p.m.) Tanmay
Mehta (CMO) Narol, Naroda
Afternoon (3.56 p.m.) IK
Evening (5.10 p.m., 5.14
p.m., 5.57 p.m.) Ashok Bhatt Narol, Naroda
Evening 5.40 p.m. AP Patel (CMO)
Evening 7.24 p.m. Harsh
Brahmbutt (CMO) Narol Naroda
Evening 7.26 p.m. Harsh
Bahmbutt (CMO) Meghaninagar
February 28, 2002
The Gujarati daily, Sandesh,
carried a gory seven-column colour photograph of the burnt bodies of the
Sabarmati Express wrapped in white shrouds with a trishul lying beside
Two members of Modi’s
cabinet, Ashok Bhatt and Indravijaysinh K. Jadeja, were present in the
Police control rooms at Gandhinagar and Shahibag and actually subverted
police rules and protocol by instructing policemen not to function and
manipulating instructions in many cases to aid crimes and the destruction
Ashok Bhatt, was the
Gujarat State Law Minister from 2002 to 2007 and was subsequently Speaker
of the Legislative Assembly. In the interim period, when he was also Law
minister when he had complete control over the appointment of public
prosecutors in the state until 2007, the same Public Prosecutors that were
supposed to investigated the cases of communal violence and the role of
the government – a clear travesty of justice.
It is the grit of the
victim survivors backed by human rights and legal rights groups that has
ensured that such critical documentary evidence gets on record. Now
survivors and activists have petitioned the Courts, including the Apex
Court for a detailed investigation into the conspiracy behind behind the
destruction of call records, telephone bills of Ahsan Jafri, police
control room records, case diaries and station diaries of the relevant
police stations. They have asked that the responsible persons of public
and private telephone operators are summoned for questioning by the
investigating agencies and courts as to who and why destroyed these
records. This matter becomes serious because the record destruction
took place on orders of the Ahmedabad Police Commissionerate while the
Supreme Court of India was seized of the matter. The Supreme Court has
been approached by legal rights groups for transfer of investigation of
these trials to the CBI on May 2, 2002.
DETAILED DOCUMENTARY EVIDENCE OF TOP LEVEL INVOLVEMENT SUBMITTED TO THE
Against the Chief Minister, Narendra Modi and Political Bigwigs
A detailed analysis of the
phone records accessed by Citizens for Justice and submitted to the
Nanavti-Shah-Mehta Commission on March 14, 2010 reveals the following:
Minister’s Office (CMO) makes 15 calls to Commissioner of Police
Ahmedabad - P.C.Pande while the city was aflame and the CP did not move
out of his office after 11 am at all.
Conclusion: Calls were directly co-Related
to Instructions to Top Echelons of the Police not to Act.
Office is in contact with VHP Gujarat General Secretary Dr. Jaideep
Patel (now an accused in both the Naroda Patiya and Naoda Gaam
massacres) several times on February 28, 2002. The CM’s Office Nos phone
Records show such a contact 5 timesm with Sanjay Bhavsar twice and with
Tanmay Mehta once.
Conclusion: For the CMO to be directly in
touch with the man entrusted to bring the bodies of the Godhra victims
back to Ahmedabad and moreover the man accused of leading and inciting the
massacres and rapes in the Naroda Patiya and Gaam areas suggests collusion
of the CM in the violence at the highest level.
of then Minister for Health Ashok Bhatt also show him in conversation
with Dr Jaideep Patel of the VHP.
of then MOS Home Govardhan Zadaphiya show him to be in touch with both
Jaideep Patel and Dinesh Togadia, brother of Praveen Togadia and Manager
of the Dhanvantri Hospital, Ahmedabad.
Kodnani (then MLA and later Minister for Women and Child Welfare when
she was arrested in 2009) and Minister Kaushik Jamnadas Patel were in
touch with Jha.
Zone IV PB Gondia was in touch with Dr Maya Kodnani, Jaideep Patel and
were six Persons from the CMO, Anil Mukhim, OP Singh, Tanmay Mehta,
Sanjay Bhavsar, AP Patel and JM Thakkar doing in the Meghaninar area
between 1400 to 1700 hours on 27.2.2002 while CM Modi was at Godhra?
Documentary evidence of the Illegal Meetings:
analysis of Phone Records indicated that the locations of persons from the
CMO and Senior Policemen were in and around the Gandhinagar area (CM’s
Residence) corroborating the fact that secret/illegal meetings did take
place there wherein instructions to allow free reign to the organized mobs
led by men of the VHP/Bajrang Dal are alleged to have been given-
Circle, Gandhinagar CMO + CP Pande 27.2.2002 Late Evening
Circle, Gandhinagar CMO + Maya Kodnani + Chakravarti 28.2.2002
Moreover, the Gujarat
Government has stated before the Supreme Court and SIT that Police Control
Room Records and Station Diary entries of the relevant time have been
destroyed even while the apex court was hearing the matter. What
must be investigated is that who ordered this destruction when the matter
was subjudice? In actual fact these documents are available and further
indict the Government of Gujarat.
Below is a detailed analysis of
the acts and omissions on the part of the CM which further provide
credence to the fact of his participation, encouragement and abetment to
the communal violence in the State of Gujarat in 2002
Chief Minister’s instructions to the DGP, the Chief Secretary and other
senior officials, to give went to the Hindu anger on the minority Muslims,
in the wake of Godhra incident. Meeting held on 27-2-2002 evening in
Gandhinagar, as testified before Concerned Citizens Tribunal (May 2002)
headed by Justices Krishna Iyer and PB Sawant and corroborated in
Affidavit No. 4 of R. B. Sreekumar IPC ADGP (Police Reform) dated
CM’s decision to bring dead bodies of the killed in Godhra train fire in
Ahmedabad and parade them in Ahmedabad city, as testified, by Ashok
Narayanan in his cross examination by the Nanavathi Commission.
Numerous illegal instructions given verbally to officials as detailed in
third affidavit by R. B. Sreekumar to Nanavathi Commission dated 9-4-2004.
in the Citizens Tribunal Report, by panel of Judges, Justice Sawant and
Justice V. R. Krishna Iyer.
Positioning Cabinet Minister J. K. Jadeja and Ashok Bhatt in the DGP
office and Ahmedabad City control room respectively. DGP Chakravarthi was
critical of minister I.K. Jadeja remaining in his chamber, as testified by
R. B. Sreekumar in his Fourth Affidavit, para 85.
Transfer of officers from field executive posts, in the thick of riots in
2002, despite DGP objection (as per media reports) for facilitating
placement of those who are willing to subvert the system for the political
and electoral benefits.
Rewarding of senior officials with undue benefits, even while their
conduct is under the scrutiny of Nanavathi Commission, as narrated in para
68 of the FIR. The latest instance was the 6 months extension as State
Vigilance Commissioner given to Ashok Narayanan, the then Addl. Chief
Secretary, Home Department who has already completed 2 years in the above
post-retirement placement. The orders were issued on 28th July
follow up action on the reports sent by R. B. Sreekumar on 24-4-2002,
15-6-2002, 20-8-2002 and 28-8-2002 about anti-minority stance of the
Administration. These the copy of reports are appended in Second Affidavit
of Sreekumar to the Nanavathi Commission, dt.6-10-2004.
Indictment by the Hon’ble Supreme Court about injustice done to the
minority community and riot victims in the investigation of riot cases
with respect to the Bilkis Bano case and Best Bakery cases.
Partisan investigations betraying prejudice against riot victims
belonging, as indicated by Rahul Sharma, the then Superintendent of Police
Bhavnagar District and now SP CBI Gandhinagar during his cross examination
before the Nanavathi Commission.
CM for Narendra Modi did not visit the riot affected areas in the initial
days, though he visited Godhra railway station on 27-2-2002 itself.
press statement by Narendra Modi that the reaction against the Muslim
community was the operation of Newton’s law of reaction.
direction from Narendra Modi to Hindu Organisations against the Observance
of Bandh on 28/2/2006. The bandh had been declared illegal by Kerala High
in the requisition and deployment of army, though anti-minority violence
had broken out on 27/2/2002 afternoon itself in cities of Vadodara,
Appointment of Pro-VHP advocates as public Prosecutors in riot cases,
though as Home Minister, the CM had all means to verify this credentials
integrity of these advocates.
Refusal to transfer officers from grass loot level, as per State
Intelligence Bureau’s recommendation till the arrival of the K.P.S. Gill,
as advisor to the CM. For Gill has ensured the transfer and this led to
dramatic and drastic improvement in this situation, as indicated by
Sreekumar in his Second affidavit to the Nanavathi Commission Dt.
action against the print media making communally inciting reports, through
State Intelligence Bureau and some field officers had recommended for
action, as noted in First Affidavit of R. B. Sreekumar dt 6-7-2002 and
during his cross examination before the Nanavati-Shah Commission on
Home Department gave misleading reports about normalcy in the state to the
Central Election Commission for ensuring early Assembly Election. The
assessment of the Home Department was adjudged as false by the Election
Commission in its open order Dt. 16/8/2002. As per the Register for
recording verbal instructions from higher formations kept by ADGP, in his
Third Affidavit, it is noted that he was directed to by Home Dept
officials to give favourable reports about law and order for
facilitating of holding of early elections.
State Home Secretary G. C. Murmus was presumably detailed for tutoring,
cajoling and even intimidating officials deposing before the Nanavathi
Commission, so that they do not tell the truth and harm the interests of
the CM and ruling party, as narrated in Third Affidavit of R. B.
GC Murmu’s exercise was for ensuring that officials will not file
affidavits relating to the second terms of references to the Nanavathi
Commission, about the role of the CM and other Ministers in the riots.
Initiating no action against senior police officers whose work in
supervised by the Home Department, for their grave dereliction of duty in
supervision of serious offences investigation as envisaged in Rules 24,
134, 135 and 240 of Gujarat Police Manual vol III, as noted in Fourth
Affidavit of R. B. Sreekumar.
Despite recommendation by CBI, who investigated the Bilkis Bano case, as
per Hon. Supreme Court direction, did not initiate departmental action
against Shri Jadeja the then Supdt. of Police Dahod District for his
gross misconduct of negligence.
investigating officers of the Naroda Patia, and the Gulberg Society, cases
did not probe into CD regarding telephone calls by BJP leaders and police
officers, during riots. Rahul Sharma, SP. The CBI presented this CD to the
Nanavati Commission and the Commission ordered an inquiry, into this
matter, recently, as per media reports.
Conducive situation is not created for rehabilitation of riot victims,
though a contrary claim is made by the State Administration in its reports
to NHRC. Instead the riot victims were pressurized for compromising with
the perpetrators of violence, as a condition precedent for their safe
return as rehabilitation.
Police inaction facilitating riots as part of conspiracy is detailed in
para 13, 14, 61 and 62 of FIR.
minutes of the meetings held by the CM and Senior bureaucrats were issued
and instructions mostly were conveyed through phone. Non-issuance of
minutes had served to the twin objective of 1) field officers carrying out
the conspiracy of pogrom against the minorities and 2) Avoidance of the
subsequent monitoring of the actions by jurisdictional officers in the
action is taken against officers like K. Chakravarthi then DGP and P.C.
Pande, then Commissioner of police, Ahmedabad city, Ashok Narayanan, the
Addl. Chief Secretary and a large numbers of Senior functionaries in Govt.
who filed incomplete, inaccurate, vague and inadequate affidavits to the
Nanavati Commission Practically no officer had provided important
documents relevant to the terms of reference of the Commission as
Exhibits either in the affidavits or during the cross examination.
review of post riot cases as ordered by the Hon. Supreme Court in 2004.
This was achieved by entrusting this work to those senior officers who are
willing or constrained to act according to political interests of BJP and
Nepotism practiced in postings, transfer, promotions etc mounting
vacancies in police departments and facilitating the on going subversion
of criminal justice system.
fact that victims of riots, and more violence, and police firing were
predominantly for the
community will establish that rioters, the administration, cohorts of the
ruling party (BJP) were moving in collaboration for achieving the satanic
objectives of the Chief
statistics in this respect may he seen in the Second Affidavit of
Sreekumar to Nanavathi Commission dt. 6-10-2004.