VI.  INDICTED

 

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 http://www.sabrang.com/cc/archive/2009/may09/cover3.html

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 state thereafter.

 

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.  (link)

 

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  Gandhinagar.

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 anger.     

(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:

       Positioning of senior ministers/party functionaries at selected Police Control

        Rooms on 28th February, 2002

•      To monitor riots

•      To ensure police inaction

      Muslim 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 minister.

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.

Although Sreekumar 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 security).

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 or controlled’."

"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 Sufiyan escort.

Indicting Documentary 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 2010)

Graphs 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-

Koba Circle, Gandhinagar    CMO + CP Pande 27.2.2002 Late Evening

Koba Circle, Gandhinagar CMO + Maya Kodnani + Chakravarti    28.2.2002   Morning

Modi’s ‘revenge’

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)

Link:

http://www.cjponline.org/gujaratTrials/nanavatisub/nanavatisubmission.htm

Records of 44 Persons including the CMO, Senior Cops, Bureaucrats & Politicians

Chief Minister’s Office

  1. Chief 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.

  1. CMO’s 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 Mehta once.

 Accused in Close Touch with CMO/ CMO in Touch with Accused

i)     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 highest level.

 

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

27.2.2010

Graphs Showing Locations of Important Persons at MEGHANINAGAR AND NARODA --Key Locations that Burned the Next Day

 Meghaninagar

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 27.2.2002

It was at these very locations that violence spilt over, in broad daylight the next day as Policemen watched

28.2.2010

narol, naroda

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 Jadeja, Meghaninagar

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) Meghaninagar

Evening 7.24 p.m. Harsh Brahmbutt (CMO) Narol Naroda

Evening 7.26 p.m. Harsh Bahmbutt (CMO) Meghaninagar

Link:

http://www.cjponline.org/gujaratTrials/nanavatisub/nanavatisubmission.htm

 


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 them.

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 of evidence.

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 NANAVATI-SHAH-MEHTA COMMISSION

 

 

Detailed Evidence 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:

 

  • Chief 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. 

  • CMO’s 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. 

  • Records of then Minister for Health Ashok Bhatt also show him in conversation with Dr Jaideep Patel of the VHP.
     
  • Records 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.
     
  • Dr Maya 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.
     
  • DCP Zone IV PB Gondia was in touch with Dr Maya Kodnani, Jaideep Patel and Nimesh Patel.
     
  • What 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:

Detailed 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-

Koba Circle, Gandhinagar    CMO + CP Pande    27.2.2002   Late Evening

Koba Circle, Gandhinagar CMO + Maya Kodnani + Chakravarti    28.2.2002   Morning

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.


Link:

http://www.cjponline.org/gujaratTrials/nanavatisub/nanavatisubmission.htm


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

1. The 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 27/10/2005.

2. The 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.

3. Numerous illegal instructions given verbally to officials as detailed in third affidavit by R. B. Sreekumar to Nanavathi Commission dated 9-4-2004.

4. Data in the Citizens Tribunal Report, by panel of Judges, Justice Sawant and Justice V. R. Krishna Iyer.

5. 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.

6. 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.

7. 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 2006

8. No 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.

9. 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.

10. 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.

11. The 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.

12. The press statement by Narendra Modi that the reaction against the Muslim community was the operation of Newton’s law of reaction.

13. No 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 Court.

14. Delay in the requisition and deployment of army, though anti-minority violence had broken out on 27/2/2002 afternoon itself in cities of Vadodara, Ahmedabad etc.

15. 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.

16. 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. 6-10-2004.

17. No 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 31/8/2004.

18. State 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.

19. The 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. Sreekumar.

20. Shri 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.

21. 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.

22. 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.

23. The 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.

24. 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.

25. Police inaction facilitating riots as part of conspiracy is detailed in para 13, 14, 61 and 62 of FIR.

26. No 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 field.

27. No 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.

28. Slack 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 the CM.

29. Nepotism practiced in postings, transfer, promotions etc mounting vacancies in  police departments and facilitating the on going subversion of criminal justice system.

30. The fact that victims of riots, and more violence, and police firing were predominantly for the

Muslim 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

Minister statistics in this respect may he seen in the Second Affidavit of Sreekumar to Nanavathi Commission dt. 6-10-2004.