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You are here: Home / Archives for 2002

Gujarat court acquits 70 accused from 2002 riots case

February 16, 2015 by Nasheman

Representational Image

Ahmedabad: A local court in Banaskantha district, north Gujarat on Friday acquitted all the 70 people accused in a riot case at Sesan Nava village of Deodar taluka in which 14 persons from minority community including women were killed in the aftermath of post Godhra riots.

The additional sessions judge VK Pujara acquitted all the accused while stating that the prosecution failed to prove its case beyond doubt. He said that following the unfortunate incident of burning of Sabarmati Express train at Godhra railway station a group of Hindus attacked the people from minority community. The court has said that there is no direct evidence suggesting the involvement of the accused persons.

According to defense lawyer BK Joshi who appeared for nine accused, there were 190 witnesses in the case and most of them turned hostile during the proceedings. He said that over the years nine persons died while eight persons were lodged in jail since 2002 following their arrest.

On March 3, 2002 a mob of around 5000 people had gheroed the Muslim locality of Sasan Nava village. The mob laced with sharp weapons went to killing and looting spree till the police arrived at the scene, more than a dozen persons had been killed, with dozens of houses set on fire. In the police firing two persons from the mob were killed killed.

Publice prosecutor BV Thakor said that 12 supplementary chargesheets had been filed during the investigation in which 190 witnesses gave their statements. However, most of them turn hostile and nobody named the accused and their role. The court didn’t appreciate the evidence that we had placed.

(Agencies)

Filed Under: India Tagged With: 2002, Communal Violence, Genocide, Godhra, Gujarat, Muslims, Riots, Sesan Nava

Diverse statements and a citzens online petition in defence of Teesta Setalvad & Javed Anand under threat of arrest

February 13, 2015 by Nasheman

teesta-javed

People’s Alliance for Democracy and Secularism (PADS) expresses alarm at the Gujarat Police move to arrest Teesta Setalvad and Javed Anand

People’s Alliance for Secularism and Democracy (PADS)

Public Statement

Date: 12 February 2014

People’s Alliance for Democracy and Secularism (PADS) expresses alarm at the Gujarat Police move to arrest the two activists, Teesta Setalvad and Javed Anand in Mumbai. The arrest of Teesta Setalvad, who was denied bail by the Gujarat High court, has been stayed for 24 hours at the intervention of the Supreme Court.

Teesta Setalvad has been relentlessly championing the rights of the victims of the Gujarat pogroms of 2002. Her efforts resulted in the transfer of some of the riot related cases out of Gujarat and conviction of some bigwigs from the Gujarat government. The Government of Gujarat led by Anandiben Patel, the successor of the incumbent Prime Minister, is vindictive and has been after Teesta Setalvad and Javed Anand for their bold stand in defence of the riot victims. Its aim seems to be to discourage anyone from taking legal recourse against misdeeds of the Gujarat government during and after the 2002 pogrom. A case of embezzlement of funds collected by their NGOs has been filed against Teesta, Javed and three others. Defendants have submitted documentary evidence in court against prosecution allegations. It must be noted that while the Gujarat government appears hell bent on targeting Teesta and her associates for standing up for riot victims, it has been reinstating the police officials who are facing serious criminal charges in fake encounter cases.

The PADS demands that the Gujarat government stop harassing Ms. Teesta Setalvad and Mr Javed Anand – whose anticipatory bail applications have been rejected by the Gujarat High Court today.

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Text of statement on Gujarat High Court rejecting anticipatory bail of Teesta Setalvad & others by Prashant Centre for Human rights

Prashant A Centre for Human Rights, Justice and Peace
Post Box No. 4050, Navrangpura, Ahmedabad 380 009, Gujarat, India
Tel.: +91 (079) 66522333, 27455913 Fax: +91 (079) 27489018
Mobile: 9824034536. e-mail: sjprashant@gmail.com. www.humanrightsindia.in

STATEMENT ON THE GUJARAT HIGH COURT REJECTING
THE ANTICIPATORY BAIL APPLICATION OF MS TEESTA SETALVAD & OTHERS

It is extremely unfortunate that the anticipatory bail application filed by Ms. Teesta Setalvad, her husband Javed Anand and three others of Gulberg Society – Mr. Tanvir Jafri (son of slain MP Ehsan Jafri), Mr. Feroz Gulzar, Secretary and Mr. Salim Sandhi, Chairman of the Gulberg Society – has today been rejected by the Gujarat High Court.

All are aware that the charges are extremely flimsy and fabricated and are surely politically motivated.

In their response, Ms. Setalvad and the others provided the High Court with extensive, comprehensive and irrefutable evidence as to why they should be given anticipatory bail and the charges be dropped.

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Statement by All India Secular Forum on the move to arrest Teesta Setalvad and Javed Anand

All India Secular Forum stands with Teesta Setalvad and Javed Anand as they have struggled for justice for the victims of riots in Gujarat. Gujarat Police made several attempts and slapped several false cases on Teesta Setalvad to deter her from fighting for justice for the victims of Gujarat riots and have acted vindictively. The cases against them would not stand and justice will ultimately prevail. We demand that all false cases against Teesta Setalvad be immediately withdrawn and Gujarat police desist from taking coercive and vindictive action against them.

Adv. Irfan Engineer

Director,
Centre for Study of Society and Secularism
603, New Silver Star, Near Railway Bridge, Prabhat Colony Road,, Santacruz (E), Mumbai, India. PIN: 400055.
Call: +91-22-26149668 | M: +91-9869462833, +919820553173 | Fax: +91-22-6100712
e-mail: forirf@gmail.com; irfanengi@gmail.com; csss@mtnl.net.in
skype: irfanen

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Press Statement by CPI(M) – condemns the Gujarat Police move to arrest Teesta Setalvad and Javed Anand

via marxistindia
news from the cpi(m)

February 12, 2015

Press Statement

The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement:

The Polit Bureau of the CPI(M) condemns the Gujarat Police move to arrest Teesta Setalvad and her husband, Javed Anand in Mumbai. The arrest of Teesta Setalvad has been stayed for 24 hours at the intervention of the Supreme Court.

The Gujarat Police have targeted Teesta Setalvad because of her relentless championing of the rights of the victims of the Gujarat pogroms of 2002. While the Gujarat government is pursuing the harassment of Teesta Setalvad, it has been reinstating police officials who are facing serious criminal charges.

The CPI(M) demands that the Gujarat government withdraw the concocted case against Teesta Setalvad and stop harassing her.

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[Sign Petition] Citizens in Solidarity with Teesta Setalvad and Javed Anand

We are shocked to learn of the rejection of the Anticipatory bail applications of Teesta Setalvad and Javed Anand by the Gujarat High Court. Media stories suggest that the bail applications have been turned down because Setalavad and Anand were “not cooperating with the investigations” and that prima facie “funds were used for private purpose”. It is a matter of record that they have submitted their original bank statements, balance sheets and audited accounts that completely disprove the allegations. Does this amount to non-cooperation or prima facie evidence of wrong-doing?

We stand with Teesta Setalvad and Javed Anand, and their quest for justice for the victims of 2002 violence, which has turned them into a target of Gujarat government’s ire. We condemn this witchhunt and the false and malicious propaganda being circulated against them.

Add your signatures at: http://www.indiaresists.com/sign-petition-citizens-in-solidarity-with-teesta-setalvad-and-javed-anand/

Filed Under: India Tagged With: 2002, Best Bakery Case, Genocide, Gujarat, Gulbarg Society Massacre, Narendra Modi, Teesta Setalvad, Zaheera Sheikh, Zakia Jafri

Teesta Setalvad is being framed by Gujarat govt; but where’s the outrage?

February 13, 2015 by Nasheman

Teesta Setalvad

by G Pramod Kumar, FP

The Gujarat Police’s overt enthusiasm to arrest Teesta Setalvad and her husband Javed Anand no sooner than the state high court rejected their plea for anticipatory bail in a curious “embezzlement” case didn’t raise any eyebrows, but justified the perception that the BJP government was on a hot pursuit of the activist.

The BJP leaders and their proxies found nothing extraordinary in the action of Gujarat Police, which landed up at the doorstep of Setalvad in Mumbai in no time, because, according to them, the police was at liberty to arrest the accused when the courts refuse anticipatory bail. Some would even say that the police was duty-bound to pursue the case.

But what was unsaid was the deviousness in the police’s insistence of custodial interrogation of the couple for alleged diversion of funds collected by her NGO to convert Gulbarg Society in Ahmedabad, where 69 people were killed in the 2002 riots, into a museum. The charge was that the couple had transferred Rs 14.2 lakhs from the NGO’s account to clear their credit card bills and had transferred large sums of money to their personal accounts. The police said that the expenses included payments for wine and groceries.

Setalvad had clarified that credit card expenses that the NGO paid for were not personal, but official such as travel. It’s not unusual for people to use personal credit card for official purposes and then get the official expenses reimbursed. But by conflating the personal (wine, groceries, books etc.) and official, the police tried to besmirch their reputation and make out a case. Similarly, additional money used from the account was for salaries and legal expenses.

The police case was based on a complaint by 12 members of the Gulbarg Housing Society, which curiously refused to take note of the submission by the secretary and chairman of the Society that the case was false. The latter had also informed the police that the complainants had misused office stationery.

That despite an official clarification from the Gulbarg Society, the police went ahead with the case looked clearly motivated. And now their overzealousness in seeking custodial interrogation of the couple nails their intent.

One cannot clearly miss the police targeting Setalvad, but what makes one more worried about their motive is their track record in foisting spurious cases against her. In 2012, the Supreme Court came down heavily on the state for initiating a probe for “illegal exhumation” of the 2002 riot victims. “This is a hundred percent spurious case to victimise the petitioner (Setalvad),” said the court. “This type of case does no credit to the state of Gujarat in any way,” it further said.

A year later, the police came up with the embezzlement case, despite the official representatives of the Gulbarg Society affirming that they had no complaint, and wanted to arrest Setalvad.

The police’s dogged pursuit brings us to the question of who Setalvad is. She is an exceptional character in India’s human rights campaigns – she is the principal reason for getting justice, although partial, to the victims of the 2002 communal riots in Gujarat. For the first time in India, 117 perpetrators of communal violence, including a minister in the then Modi state cabinet, had been convicted. Had it not been for her and other rights activists, the victims would been gagged to submission. She is also the biggest obstacle to Modi’s image management efforts.

Obviously, Setalvad is a marked person because she is refusing to give up, along with Zakia Jafri, the complainant in the Gulbarg Society massacre case, against the Gujarat state government and the then chief minister Narendra Modi although a Special Investigation Team had found no prosecutable evidence against him. Setalvad and her supporters, point to the dissenting notes by the Supreme Court appointed amicus curiae Raju Ramachandran, who had said that the evidence against Modi was significant.

Setalvad may be particularly unsparing of Modi, as some allege, but that doesn’t allow for continuous police harassment. The victimisation of Setalvad is too evident to ignore. And it hadn’t started yesterday. In 2005, she was accused of pressuring Zaheera Sheikh in the Best Bakery Case to given evidence against the government. The SC had later absolved Setalvad and sent Zaheera Sheikh to jail for a year. “This is a classic example of a case where evidence were tampered with and witnesses won over,” the court had then said.

This record of victimisation against Setalvad for the simple reason that she is standing up for her fellow citizens’ battle for justice is a warning to human rights activists and a reminder of the abominable misuse of power by the state.

Filed Under: Opinion Tagged With: 2002, Best Bakery Case, Genocide, Gujarat, Gulbarg Society Massacre, Narendra Modi, Teesta Setalvad, Zaheera Sheikh, Zakia Jafri

Immunity does not apply to Modi says American Justice Center in legal brief

November 21, 2014 by Nasheman

Immunity does not apply to Modi says American Justice Center in legal brief
US Court directs State Department to respond by December 10th to AJC’s “Memorandum of Law” challenging assertions of immunity

Modi-protest-us

The American Justice Center (AJC), an organization established to bring to justice perpetrators of mass violence and genocides, has filed a “Memorandum of Law in Opposition to Motion,” providing legal justification on why the Tort case against Indian Prime Minister Narendra Modi should move forward, and why Mr. Modi should not be granted immunity for human rights abuses committed during his tenure as Chief Minister of Gujarat.

In an immediate response to AJC’s brief, the US Court has directed the US State Department to respond to AJC’s legal brief challenging the US position on Mr. Modi’s immunity. The order states that “By December 10, 2014, the United States of America shall respond to Plaintiffs’ Objection to the Suggestion of Immunity”.

Arguing on behalf of the plaintiffs, American Justice Center and two survivors of the horrific Gujarat pogroms of 2002, Mr. Babak Pourtavasi, Esq of Pannun The Firm made a compelling case for prosecution of Mr. Modi under the Alien Tort Claims Act (ATCA) and Torture Victims Protection Act (TVPA). AJC’s case against the US government’s suggestion of immunity is based on the following facts:

Mr. Modi is being sued for acts committed as “Chief Minister” of the State of Gujarat and not for any acts that he committed as “Prime Minister” of India. “It is undisputed that foreign sovereign immunity extends only to the ‘head of the foreign government’ for the actions committed during tenure as ‘head of foreign government,'” states AJC’s Memorandum of Law.

Several federal courts have rejected immunity for foreign officials facing charges of blatant human rights abuses, as in the case of Mr. Modi. The United States Supreme Court in Kiobel v Royal Dutch Petroleum Co (2013) held that it is an “international duty,” and “important American national interest” to not provide safe harbor to hostis humanis generis or the common enemy of mankind.

Mr. Modi is not immune under Foreign Sovereign Immunity Act (FSIA), as the US Supreme Court decided that the term “foreign state” does not include individual government officials. In the Tort case against Mr. Modi, it is the latter who is being sued and not the Republic of India.

There is precedence known as Samantar, that allows lower federal courts to hold common law foreign sovereign immunity inapplicable for government officials sued for human rights abuses.

Commenting on the filing, Mr. Joseph Whittington, President of AJC said, “We are confident of the sound legal basis for the Tort case against Mr. Modi, and expect the court to allow the lawsuit to move forward.”

“Survivors of the horrific Gujarat massacres expect the US to uphold its own laws as well as international norms of justice,” he further added.

The Gujarat pogroms of 2002 were among the worst episodes of sectarian violence in independent India, and were marked with horrific crimes against humanity, including the rape of hundreds of women. Many of the victims were subsequently burned alive. Mr. Modi’s relentless PR efforts have tried to spin the decision of the Special Investigation Team (SIT) to not prosecute him, as a “clean chit.” The US government’s decision not to use this claim in its suggestion of immunity, is a clear acknowledgement of the fact that the case against Mr. Modi has not even reached the Indian Supreme Court. A case filed by Mrs. Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Mr. Modi in the Gujarat High Court. An amicus curiae appointed by the Supreme Court has recommended Mr. Modi’s prosecution.

The American Justice Center (AJC) is a human rights organization dedicated to holding human rights abusers and perpetrators of mass violence accountable. AJC provides legal aid and support for international judicial redress to victims deprived of legitimate and legal means to justice.

References:

Response filed by AJC in Modi Lawsuit to US Govt Suggestion of Immunity
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Plaintiffs-objection-to-suggession-of-Immunity.pdf

Criminal Case Filed in Australia against Indian Prime Minister Narendra Modi
http://www.americanjusticecenter.org/ajc-files-criminal-case-in-australia-against-indian-pm-narendra-modi/

US Court issues summons against Indian PM Modi ahead of his arrival
http://www.americanjusticecenter.org/press-release/

Filed Under: Human Rights, India Tagged With: 2002, AJC, American Justice Center, Genocide, Gujarat, Narendra Modi, Riots

Nanavati Commission: Another hoax on people of India!

November 20, 2014 by Nasheman

Photo: AFP

Photo: AFP

by Fr. Cedric Prakash

Finally, on November 18, 2014, exactly 12 years 8 months and 12 days after it was first constituted by the Gujarat Government on March 6,h 2002 to probe the burning of the Godhra train and the subsequent carnage which broke out in several parts of Gujarat, the Commission headed by GT Nanavati (a former judge of the Supreme Court of India) submitted its report to the current Chief Minister of Gujarat, Anandiben Patel.

It was originally known as the KG Shah Commission but it was later reconstituted to include Justice Nanavati, after several civil rights groups and individuals protested over the closeness that Justice Shah had with Narendra Modi. Justice Shah died in 2008; and Justice Akshay H. Mehta (who granted bail to Babu Bajrangi in the Naroda Patiya case) was appointed on April 5, 2008 to be a member of this Commission.

The content of this more than 2000-page report has not yet been made public but if one goes by the grapevine and what seems to be “leaked out” to sections of the media, then one can very easily conclude the following: that those really responsible for the law and order in the State have been given a ‘clean chit’; that the burning of S-6 Coach of the Sabarmati Express on February 27, 2002, just outside the Godhra railway station was a ‘meticulously planned act of conspiracy’ (this was already said in the Commission’s interim report in 2008); and finally the only people who seemed to be ‘responsible’ for not preventing or controlling the violence are some lower rung policemen and some apparently anti-social elements.

The Commission which has claimed to have looked into 4,160 cases of violence in Gujarat between February 27th and May 31st 2002 also states that it has gone through 46,000 affidavits submitted by over 4,000 victims of the violence that paralysed Gujarat and continues to be one of the darkest and bloodiest chapters of independent India. It was given 24 extensions (of almost six months each) before it submitted its report.

Till July 2012, the Commission ran up an expenditure bill of more than Rs 5.00 crore with an additional miscellaneous expense of Rs 1.62 crore. It has been past two-and-a-half years since; so the final cost of this Commission (including the disguised expenditure) will surely run to a mind-boggling amount and all at the cost of the state exchequer (a Gujarati newspaper puts a conservative cost of Rs.9.00 crore).

Several concerned citizens like the late Mukul Sinha of Jan Sangharsh Manch, Sanjiv Bhatt and others have tried their level best to bring the Commission – any thinking citizen will know – on track and ensure that truth prevails and that the victim-survivors are given justice. The Commission has been full of inconsistencies, lapses and loopholes. Sinha, who cross-examined several witnesses, has consistently demanded that Modi, who was the Chief Minister of Gujarat at that time, had to be interrogated, too. Why the Commission took the pains to deny this request from Sinha and several others does not leave much room for doubt!

Even though the Commission has submitted its report, many for the victim-survivors (and several others who have accompanied them) are the Gujarat Carnage of 2002 is not a closed chapter. The relentless pursuit for truth and justice will continue until those who presided over this carnage are brought to book. Only then, will they truly be able to sing our motto emblazoned on our national emblem “satyameva jayate” (truth alone triumphs!)

Fr. Cedric Prakash is the Director of Prashant, the Ahmedabad-based Jesuit Centre for Human Rights, Justice and Peace.

Filed Under: Opinion Tagged With: 2002, Genocide, Godhra, GT Nanavati, Gujarat, Mukul Sinha, Nanavati Commission, Narendra Modi, Naroda Patiya

Nanavati Commission submits final report on 2002 Gujarat riots

November 19, 2014 by Nasheman

Photo: AFP

Photo: AFP

Ahmedabad: After 12 years and 24 extensions, the two-member Nanavati-Mehta Commission of Enquiry submitted its much-awaited final report on the 2002 Godhra train carnage and the subsequent communal riots, here Tuesday.

The commission, consisting of retired Supreme Court judge Justice G.T. Nanavati and retired high court judge Justice Akshay Mehta, submitted the report to Chief Minister Anandiben Patel at her residence Tuesday afternoon.

The last extension of the commission’s term had ended Oct 31.

The contents and recommendations of the final report by the Commission are not yet known.

The report delved into the burning alive of 59 passengers in the ill-fated S-6 coach of Sabarmati Express near Godhra station Feb 27, 2002, followed by communal riots in many parts of the west Indian border state – killing 1169 people – ranked among the worst in the country’s post-Independence history.

The then Chief Minister Narendra Modi – now India’s Prime Minister – had appointed a one-man commission of retired Justice K.G. Shah, March 6 that year to probe the train carnage and the communal riots.

Later, it was made a two-member commission with Justice Nanavati as its chairman; retired Justice Mehta was appointed to the commission after the demise of retired Justice Shah in 2008.

The Gujarat government Aug 5, 2005, modified the commission’s Terms of Reference whereby it was empowered to probe the role of Modi and other ministers and officials into the two incidents.

In Sep 2008, the commission submitted its 168-page first report on the train incident in which 59 Kar Sevaks were burnt to death in S-6 coach of Sabarmati Express near Godhra.

In that report, the Commission had termed the incident as “a pre-planned conspiracy involving some individuals”, and “a premeditated crime and not an accident.”

It had also concluded that there was “absolutely no evidence to show that either Narendra Modi, the then CM of Gujarat, and/or any other minister/s in his council of ministers, or police officers had played any role in the Godhra incident, or that there was any lapse on their part in the matter of providing protection, relief and rehabilitation to the victims of communal riots or in the matter of not complying with the recommendations and directions give by the National Human Rights Commission.”

Over the years, the Commission received nearly 46,500 documents, affidavits and statements of officials and members of the public, and it carried out a spot visit of the burnt train coach as part of its enquiry.

(IANS)

Filed Under: India Tagged With: 2002, Anandiben Patel, Godhra, Gujarat, Nanavati Commission, Narendra Modi

Supreme Court of India Orders Day to Day Trial in Gulbarg Society massacre case

November 14, 2014 by Nasheman

Zakia Jafri and Teesta Setalvad visit her Gulbarg Society home in Feb ’10

Zakia Jafri and Teesta Setalvad visit her Gulbarg Society home in Feb ’10

by Teesta Setalvad

Today i.e.. November 13 2014 the Supreme Court of India Ordered Day to Day Hearing of the Gulberg Trial and completion of the Trial within 3 months. It did not Its Vacate Stay on the Trial Court Judgement (operative since May 2010) (as requested by SIT). The state of Gujarat tried to confuse the issue but fortunately our team, Ms Aparna Bhat had a detailed status report prepared by us which was read out to the Hon’ble Court.

Detailed Background / Status report on Gulberg Trial is Pasted Below

SIT has filed an application to Vacate Stay on Judgement. Our Advocate Ms Aparna Bhatt pointed out to the Court that over two years delay had been caused by the SIT refusing to produce documents related to Witness Application under Section 319 seeking to make MK Tandon, PN Gondia and others accused in the Trial. Finally after the HC rejected their obstructionist attempts they produced the documents in August this year. We have still not been given a copy. (Detailed Dates and SIT instructions given below).

Gulberg Case – SC No. 152/02

Update

Trial Suspended from July 2012 until March 2014 when the Gujarat High Court rejected SIT’s frivolous application challenging the Order of the Sessions Court dated May and June 2012.

Background:-

Special Court Judge BJ Dhandha in Sessions Case No. 152/02 and others through an order 31 May 2012 (Order at Exhibit 1577) directed the SIT to produce documents related to joint commissioner of police, MK Tandon and P.B. Gondia as the papers were related to the further investigation directed by the Supreme Court. The further investigations into the Gulberg trial, especially vis a vis the alleged criminal conduct of these two police officers were sought to be prevented from coming on record by the SIT by deliberately confusing this case with the wider criminal conspiracy in the Zakia Jafri v/s Narendra Modi and 59 Others case.

The further application u/s Section 319 ( Exhibit 1577) was moved by us witnesses in Special Sessions court dated 12.5.2012 and it was on this application that the Court pronounced the order on 31.5.2012 stating inter alia that, while at this stage no order is passed in this application.

The SIT did not comply with the said order dated 3.7.2012 passed by the Sessions Court

[Exb.1661] and in fact moved the Sessions Court to review its own Order. This was also turned[ down by a final Order of the Sessions Court passed on 3.7.2012. (Exb.1748 and 1730) In this context the affidavit filed by Himanshu Bhatt of the SIT dated 18.6.2012 resisting the application of the Sessions Court Order (Exhibit1754) is noteworthy. It is important to note that the Special PP RC Kodekar had noted that he had no objection to the documents being prayed for in our application. The SIT continued to play a dilatory and destructionist role.

The SIT submitted the closure report filed before a lower court in the Zakia Jafri case but this has been kept in a sealed cover and sought to leave to challenge the orders in the High Court. The SIT thereafter on 24.7.2012 moved the Special Criminal Application (SCR) 2249/2012 in the Gujarat High Court. (Exhibit 1730 and 1748).

Witness Survivors have filed their Affidavit-in Reply in the said SCR but were distressed that no hearings have taken place in the Gujarat High Court and the entire the Trial process has been stalled.

Judge BJ Dhandha retired in September 2013 and another Judge KK Bhatt has been assigned to hear the Trial but not a single hearing has taken place.

The closure report in the Zakia Jafri case was filed on 8.2.2012 before the Magistrate (a lower court than the Special Court hearing the Gulberg trial) and the protest petition therein was argued through 2013. While the Magistrate hearing the case rejected the protest petition by it’s Order dated 26-12-2013, the SIT is seeking shelter under this to conceal critical evidence about the allegedly criminal conduct of Tandon and Gondia before a higher court, the Sessions Court hearing this, i.e. the Gulberg trial.

In effect therefore, the Trial in the Gulberg Society Carnage case had been completely stalled since July 2012 largely because of the SIT’s reluctance to make available relevant documents.

In December 2009, witnesses had moved an application under Section 319 of the CrPC seeking to arraign more accused (Exhibit Nos exhibit 738) including former joint commissioner of police MK Tandon and former deputy commissioner of police PB Gondia. In its order passed on 18.1.2010 vide Exb.738 the Special Sessions Judge allowed the application vis a vis one accused namely Rajesh Dayaram Jingar, rejected it vis a vis three accused namely (1) Manish Somabhai Patel @ Manish Splendar (2) Mahendra Pukhraj (3) Jagrupsing Rajput but kept the issue of arraigning the two senior policemen pending since further investigation into their criminal negligence was still being conducted by the SIT on 3.10.2011,

Witness Victim Survivors thereafter moved an Application (Exhibit Nos 1661) to access the relevant documents of investigation. An application to stay the proceedings until these documents were brought on record was rejected by the Sessions Court and the matter appealed by Victim Survivors in the Gujarat high Court (SCR 3322/2011). While rejecting the application, the Hon’ble Gujarat high court in its order dated 29.12.2013 (Para 17) observed, “I have given thoughtful consideration to this aspect of the matter. There is no dispute that the Hon’ble Apex Court directed the SIT to comply with the directions issued in paragraph no.9 in the order dated 12.9.11 and thereafter even the Sessions Court vide order dated 9.11.11 almost issued the said direction to the SIT and till date no report is filed either before the Court having competent to take cognizance of the matter and till date no copies of such report and documents have been furnished to the Court of Session. In the above view of the matter. The respondent no.2 should take immediate action and the submissions advanced by Mr.A.C. Choksi. Learned Special Public Prosecutor for the respondent no.2 that the report shall be submitted at the earliest should be followed in its true spirit.”

The entire evidence in this trial has been recorded and final arguments have been virtually concluded in the trial. It was a pending application under Section 319 CrPC where a judicial order had kept the issue of arraigning joint Commissioner of Police MK Tandon, DCP P.B. Gondia, (Note No.2) Police Commissioner P.C.Pandey and I.O. S,S,Chudasma A.C.P. Crime Branch pending, that the applications by Witness Survivors for additional documents were made. The next date of hearing in SCR 2249/2012 was then on 19.2.2014

Finally the Gujarat High Courtr dismissed the Application by the SIT ruling against it. The SIT finally submitted the Index of Documents from which Witmess Advocates have to indicate the relevant documents on 05.08.2014. The next date for hearing is 25.07.2014

ROZNAMA (while SIT had effectively stayed the Trial by Its application against the Sessions Court Order granting documents dated May and June 2012).

Date Details

17.9.13 Formal date is given.

1.10.13 Accused produced in the ‘E’ Court. Accuse No.17 and 49 accused exception from appearance application submitted in the court and granted vide exb. No. 1822

12.10.13 Addl Session Judge K.K. Bhatt. [Sp. P.P. Shri R.C. Kodekar was absent} SIT moved for medical relief for accused [PC Mehboobbhai was present] Accused No.17 Kalpesh Purohit’s medical certificate produced vide exb. 1823 in the court. Notice issued to guaranteer and NBW against accused No. 1 to 7.

25.10.13 Matter adjourned to 11.11.13 for final arguments due to matter pending in High Court

11.11.13 Matter adjourned to 25.11.13 for final arguments due to matter pending in High Court

25.11.13 Matter adjourned to 10.12.13 for final arguments due to matter pending in High Court

3.12.13 Accused produced in the court today. Accused No.3 Sandeep @ Sonu Ghungruvado ( SC. No. 167/03) And accused No.3 Surendrasing Digvijay Singh ( SC. 152/02) and Accused No. 43 Narayan Sitaram (S.C. No. 194/04) application about discussion and to take guidance vide exb.1829. Exb. 1829 application of the accused rejected.

10.12.13 Matter adjourned on. 26.12.13 due to matter pending in High Court

26.12.13 Pursis vide Exb.1832 about death certificate of Accused No.17 Court is on leave today. So, next date on 9.1.14

Matter adjourned to 9.1.14 due to matter pending in High Court

9.1.14 Order as per Exb.1834. Recorded Nodel Officer to File The report

Matter adjourned to 21.1.13 due to matter pending in High Court

21.1.14 Report not submitted vide Exb. 1835 accused no.17’s death

Matter adjourned to 4.2.14 due to matter pending in High Court

24.1.14 Order to take necessary action against Transfer warrant of Accused No.1 Kailash Lalchand Dhobhi by DCB II Cr.No.3132/13 and send to criminal department II. SIT submitted report to inquire about the death of accused no.17 vide exb.1836

Matter adjourned on. 17.2.14 for final arguments due to matter pending in High Court

17.2.14 Matter adjourned on. 3.3.14 to submit arguments due to matter pending in High Court

20.2.14 Copy of order by the Gujarat High Court in Cr.Mis.A. No. 136/14 submitted in the court by accused Jayesh Ramjibhai Parmar vide exb.1838.

3.3.14 Speedy Trial Application submitted in the court vide exb. No.1839 on behalf of witnesses Sayraben Sandhi, Firoz Gulzar Pathan, Rupa Dara Modi and Salim Noor Mohammed Sandhi by Advocate S.M. Vora. Copy was received by Prosecution. Next date of hearing on 10.3.14

Matter adjourned to. 18.3.14 due to matter pending in High Court

5.3.14 Received the copy from criminal department II vide exb.no. 1841 about Writ in the Hon’ble Gujarat High Court Cr.M.A. No. 2249/12

10.3.14 Court is on leave so hearing of Exb.1839 postponed.

18.3.14 Written reply submitted in the court by Sp.P.P. about SIT officer application vide exb.1839. which submitted Exb.1843

Matter adjourned to 15.4.14 to, submit arguments

Hearing of Exb.1839 on dt.7.4.14

Next date. 31.3.14

31.3.14 Court is on leave. Next date 15.4.14

7.4.14 Rejoinder affidavit Exb.1845 submitted in the court against the witnesses vide exb.1843 reply by the SIT.

For hearing vide exb. 1839 on dt.18.4.14 in the noon around 2.45 pm

11.4.14 Writ certified copy of Honble Gujarat High Court in Cr, M.

A.No.3911/14 vide exb.1846 submitted in the court.

15.4.14 Matter adjourned to 29.4.14

For hearing vide exb. 1839 on dt.18.4.14 in the noon around 2.45 pm

18.4.14 Court heard arguments in Exb.1839 and admitted SIT IO Sur-Rejoinder vide Exb.1848 Court heard Sp.PP’s Arguments

Court adjourned for argument reply by Sp.PP .

Next date.22.4.14

22.4.14 Court heard in Exb.1839 Sp.PP argument reply by S.M. Vora. So, adjourned and on order vide exb.1839.

Next date.9.5.14

29.4.14 Matter adjourned to. 13.5.14 to for final arguments due to matter pending in High Court;

For further hearing and order in Exb.1839 . So, adjourned to

dt.9.5.14

13.5.14 Matter adjourned to 27.5.14 to submit arguments in favour of Accused due to dilatory tactics by the SIT. For further hearing and order in Exb.1839 . So,

adjourned to dt.27.5.14

27.5.14 Matter adjourned to 10.6.14 to submit arguments

For order in Exb.1839 . So, adjourned on dt.27.5.14

10.6.14 Court is on leave. So next date.24.6.14

Matter adjourned to 24.6.14. For orders in Exb.1839 .

24.6.14 Matter adjourned to 08.07.2014 to submit arguments in favour of accused due dilatory tactics by the SIT For order in Exb.1839 . So, adjourned on dt.8.7.14

8.7.14 Order declared in Exb.1839- Witness application for Documents was finally allowed

Matter adjourned to 22.7.14

22.7.14 Court is on leave. SIT IO Himanshu Shukla given application to take

15 days time to submit the copies in the court to Sp.P.P. vide Exb.1839 and this exb. No. 1856.

Application granted…..

Matter adjourned to 5.8.14.to submit arguments in favour of accused due to Supreme Court stay order

2.8.14 Cr.M.A. No. 11343/14 of the Gujarat HC Xerox copy of writ vide exb.1858

Cr.M.A. No. 11260/14 of the Gujarat HC Xerox copy of writ vide exb.1859

Cr.M.A. No. 10494/14 of the Gujarat HC Xerox copy of writ vide exb.1860

Cr.M.A. No. 9491/14 of the Gujarat HC Xerox copy of writ vide exb.1861

5.8.14 Order’s copy submitted in Exb.1839 by the Sp.P.P. in the court vide Exb. 1863

Order to “abate” Accused No.17 Ratilal Ganeshji Kumbhar on cause of death.

Matter adjourned to 19.8.14 for arguments

INDEX of Documents submitted to Witness Advocates by the SIT

7.8.14 Cr.M.A. No. 11260/14 of the Gujarat HC Xerox copy of writ vide exb.1864

19.8.14 Application to provide documents in favour of witnesses in Exb.1839 by Advocate S.M. Vohra’s with Exb.1866.

Fixed for hearing. Matter adjourned to. 2.9.14 to submit arguments in favour of accused due to Supreme Court stay order

2.9.14 Copy of order by the Gujarat High Court in Cr.Mis.A. No. 12643/14 submitted to the court by accused Jayesh Madanlal Jingar vide exb.1868

Copy of Letter of High Court Ahmedabad about the order of the Supreme Court by Deputy Registrar of the Supreme Court wide Ex.1869

Matter adjourned on. 11.9.14.for final arguments

For hearing in Ex.1866

Next date 11.9.14

11.9.14 Court adjourned for requested by Advocate Salim in favour of witnesses and Sp.P.P. Kodekar to give copy of documents oraly.

Next date 25.9.14

Matter adjourned to 25.9.14 for witnesses to submit list of documents needed to press Section 319 application

Update for 13.11.2-14

Note:- Judge K.K. Bhatt retired on.30.9.2014 and the new designated Judge P.B Desai was appointed on 15.10.2014

(Note: List of Documents from Index along with all documents pertaining to more accused sought to be arraigned in the Section 319 application i.e. MK Tandon –then Joint CP, Ahmedabad, PB Gondia, then DCB Crime Branch, Ahmedabad etc submitted by the SIT to the Court on 5.8.2014. Witness Survivors moved application before the Court to provide them with a copy on 19.08.2014 (Exhibit 1866). Though the Court fixed the date for hearing of the application on 2.9.2014, the said application has not yet been heard by the Court and no documents have been received by us to this day.)

25.9.14 Matter adjourned to 9/10/14 for Submission of documents

9.10.14 Matter adjourned to 20/11/14 for Submission of documents

20.10.14 Matter adjourned to 5/11/14 for Submission of documents

05.11.14 Matter adjourned to 19/11/14 for Submission of documents

There is no Order in Gulberg for Fixed days for hearing in the Week

Next date of Hearing is now 19.11.14

Filed Under: India, Indian Muslims Tagged With: 2002, Gujarat, Gulbarg Society massacre case, Gulberg Society massacre case, Narendra Modi, Teesta Setalvad, Zakia Jafri

Criminal Case filed in Australia against Prime Minister Narendra Modi

November 14, 2014 by Nasheman

Modi

The American Justice Center (AJC), an organization established to bring human rights abusers to justice, has announced the filing of a criminal complaint in Australia against visiting Indian Prime Minister Narendra Modi for his role in aiding, abetting and inciting organized attacks against the minorities of Gujarat state before and during the horrific genocide of 2002.

The lawsuit is being brought under the aegis of AJC, by Mr. Asif Vahora, a survivor of the 2002 massacres, in which over 2,000 people were killed and over 150,000 displaced. The complaint refers to the destruction of “20,000 Muslim homes and businesses and 360 places of worship.”

The complaint against Prime Minister Modi has been lodged under Australia’s “The Criminal Code Act 1995” which provides Australian courts jurisdiction over cases involving crimes against humanity worldwide (Id. §§ 268.117(1) & 15.4). Justifying the prosecution of Modi in Australian Courts, the complaint states that Modi’s actions during February-March 2002 violate sections 268.3,4,5,8 & 9 of Australia’s Criminal Code Act of 1995.

The complaint, lodged with Honorable Robert Bromwich SC, Director Commonwealth Public Prosecutions, Australia, charges Mr. Modi with crimes against humanity and genocide resulting in the killing of more than 2,000 Muslims and displacement of several hundred thousand.

“Our relentless pursuit of justice has now taken us to the Australian shores, where Mr. Modi will have to account for his criminal misdeeds in Gujarat,” said Mr. Joseph Whittington, Jr., President of AJC, and also the 2nd Ward Alderman of Harvey, Illinois.

Mr. Modi’s rise to power comes in the backdrop of increasing persecution of religious minorities in India. In August this year, India’s Christian population, numbering about 24 million, marked the sixth anniversary of horrific anti-Christian massacres in the state of Odisha, considered the worst anti-Christian pogrom of the 21st century. Prominent watch-dog group “International Christian Concern,” reported an alarming rise in the attacks on rural churches in recent months. In May 2014, several villages in the Indian state of Chhattisgarh passed local ordinances banning all non-Hindu religious activities, in effect banning Christianity. Vatican Radio, the Holy See’s official news outlet, reported on the possibility of Christians being “purged,” from villages across three states.

Recently, AJC spearheaded an Alien Tort case against PM Modi during his visit to the United States in September. Following the AJC complaint, a US federal court issued a summons against the visiting PM. The case is currently under review by the US Federal Court. As in the Tort case brought against Mr. Modi in the US, AJC is providing legal support and advice to the survivors in their effort to hold Mr. Modi accountable for the loss of lives and property that was caused by his complicity in the Gujarat massacres.

“Under Australia’s criminal code, mere presence of the accused foreigner in Australia is a sufficient basis for jurisdiction over acts of genocide and crimes against humanity committed abroad,” said Mr. Gurpatwant Singh Pannun, legal advisor to AJC. “Thus it adopts a mode of jurisdiction equivalent to universal jurisdiction,” added Mr. Pannun.

The Gujarat genocide of 2002 was one of the worst episodes of sectarian violence in independent India, and was marked with horrific crimes against humanity, including the rape of several hundred women. Many of the victims were subsequently burned alive. Although the Special Investigation Team (SIT) investigating the mass violence did not prosecute Mr. Modi, an amicus curiae appointed by the Supreme Court had recommended

Mr. Modi’s prosecution. A case filed by Mrs. Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Mr. Modi in the Gujarat High Court.

The American Justice Center (AJC) is a human rights organization dedicated to holding human rights abusers and perpetrators of mass violence accountable. AJC provides legal aid and support for international judicial redress to victims deprived of legitimate and legal means to justice.

REFERENCES:

Criminal Complaint in Australia Against Indian PM Narendra Modi
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Modi-CriminalComplaint-Filed-Australia-Nov-13.pdf

Supporting Evidence for Criminal Complaint in Australia Against Indian PM Narendra Modi
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Supporting-Evidence-Criminal-Complaint-Against-PM-Modi-Australia.pdf

US Court issues summons against Indian PM Modi ahead of his arrival
http://www.americanjusticecenter.org/press-release/

AJC challenges Narendra Modi’s immunity; announces $10,000 reward for serving US Court’s summons
http://www.americanjusticecenter.org/ajc-challenges-narendra-modis-immunity-announces-10000-reward-for-serving-us-courts-summons/

US Federal Court allows AJC, Gujarat victims to challenge US Government’s “Suggestion of Immunity” to PM Modi
http://www.americanjusticecenter.org/us-federal-court-allows-ajc-gujarat-victims-to-challenge-us-governments-suggestion-of-immunity-to-pm-modi/

The Diplomat: US Federal Court Issues Summons Against Narendra Modi
http://thediplomat.com/2014/09/us-federal-court-issues-summons-against-narendra-modi/

REUTERS: Small-town U.S. politician emerges as unlikely foe of Modi
http://in.reuters.com/article/2014/09/27/modi-usa-visit-riots-lawsuit-idINKCN0HM01720140927

Filed Under: India Tagged With: 2002, AJC, American Justice Center, Asif Vahora, Gujarat, Narendra Modi

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