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You are here: Home / Archives for Gujarat

In Gujarat, all schools asked to perform 'compulsory' Saraswati Puja

January 24, 2015 by Nasheman

Representational Image. Courtesy: TakeEarth

Representational Image. Courtesy: TakeEarth

Ahmedabad: The Ahmedabad School Board has whipped up a controversy with its circular asking all schools to hold ‘Saraswati Vandana’ on Vasant Panchami on Saturday, drawing accusations of promoting ruling BJP’s Hindutva agenda and warnings of legal action and protest by Congress.

“Vasant Panchami is the occasion to remember Goddess of knowledge Maa Saraswati Devi. To make students understand the importance of education, schools need to organize Saraswati Puja and make students recite prayers of Saraswati during prayer gathering. Also, make them understand how Vasant Panchami is celebrated in other states,” reads the January 19 circular issued by the board.

Ahmedabad Municipal Corporation’s (AMC) School Board runs around 450 primary schools in the city, including 64 Urdu medium schools, mostly in Muslim dominated areas attended by around 16,000 students from the minority community.

The circular has raised the hackles of opposition Congress, which has dubbed the move as an attack on the fundamental rights of Muslims. All forms of idolatry is prohibited in Islam.

Congress councillor from Sarkhej ward Haji Mirza Baig called it an attempt to promote the BJP’s Hindutva agenda.

“In a democracy, everyone has the right to follow their religion and related rituals. This circular is an attack on the freedom of not only Muslims, but also of other religions. Why (do) they want Muslim students to perform puja? It should not be made compulsory in Urdu schools,” said Baig.

“Congress councillors will stage protest against such dictatorial approach of AMC. Urdu schools, where majority students are Muslims, must be kept away from this order. Otherwise, we will take legal action and knock the doors of the court,” he warned.

Amid the mounting outcry over its circular, the board attempted a damage control with its chairman claiming it was not intended to hurt anybody’s religious sentiments.

“Our sole aim is to promote the quest for knowledge among children and not to hurt the followers of any religion,” Jagdish Bhavsar, chairman of the board, said.

“Everybody prays and worships in his own way. If they are not comfortable with offering prayers to Saraswati, they can do ‘Ibadat’ (worship) in their own way. The only aim of this circular is to make children aware of the importance of education,” he said.

AMC School Board’s administrator L D Desai appeared to defend the move, saying, “Saraswati is the goddess of education and schools are temples of education for students of all religions. Thus, we just want students to understand the importance of education by remembering the goddess through prayer on that day.”

Describing it as an “educational and not religious” programme, Desai said,”There is absolutely no controversy. None of the Urdu medium schools have approached us against this programme.

(PTI)

Filed Under: India, Indian Muslims Tagged With: Ahmedabad School Board, Education, Gujarat, Hindutva, Saraswati Puja, Vasant Panchami

After skullcaps, Gujarat Police make ‘dummy terrorists’ shout Islamic slogans during mock drill

January 2, 2015 by Nasheman

gujarat-police-mock-drill

Ahmedabad: A video of police mock drill showing dummy militants shouting pro-Islamic slogan emerged on Thursday in Gujarat, a day after controversy erupted over men, playing the part of terrorists, being made to wear skullcaps in a similar exercise in Surat.

Reacting to the Surat episode that came to light on Wednesday, Chief Minister Anandi Patel admitted it as a “mistake” to show people posing as terrorists in the drill in skullcaps.

The latest video is of another anti-terror mock drill at Narmada dam site in Kevadia area of Narmada district. It shows policemen holding two dummy terrorists who were shouting “take our lives, if you want. Islam Zindabad (long live Islam)”.

When contacted by PTI, Narmada Superintendent of Police Jaypalsinh Rathore said an inquiry will be conducted into the issue.

“I came to know about this incident (of projecting terrorists as Muslims) through media. If such an incident has happened, we will conduct an inquiry and take necessary actions against those responsible,” he said.

“The mock drill was a routine police exercise which was conducted a week ago in Kevadia area,” Rathore added.

As the Surat episode generated controversy and invited criticism from several quarters, including from the chief of Gujarat BJP Minority Cell, Patel told a TV channel it is wrong to link religion with terrorism.

“It’s wrong to link religion with terrorism. The issue has been resolved and the matter should be put to rest now. The mistake has been rectified,” she said.

The anti-terror drills were conducted ahead of the two high-profile events being held in the state – Pravasi Bharatiya Divas (January 7 to 9) and Vibrant Gujarat Investors Summit (January 11 to 13) – both in Gandhinagar.

(PTI)

Filed Under: India, Indian Muslims Tagged With: Gujarat, Gujarat Police, Indian Muslims, Mock Drill, Muslims, Surat

Amit Shah’s case – A complete mockery of Justice system

January 1, 2015 by Nasheman

Amit-Shah

by Pratik Sinha

Once again the Indian Investigating agencies and Judiciary have failed the people of India by letting out a powerful political leader despite having enough evidence of involvement in a henious crime. Amit Shah has been acquitted by the Special CBI Court, Bombay, in the Sohrabuddin murder case even before the trial for the case could start.

Sohrabuddin case has been in the political limelight for over 8 years now. On 23 November, 2005, Sohrabuddin, his wife Kausarbi and Tulsi Prajapati were abducted from a bus near Sangali in Maharashtra. Sohrabuddin and Kausarbi were kept in a farm house near Gandhinagar, Gujarat. Sohrabuddin was murdered in a fake encounter on 26th November. His wife Kausarbi was allegedly raped while in custody of Gujarat Police and on 29th November was murdered as well. Within a year, on 28th December, 2006, Tulsi Prajapati was also eliminated.

Gujarat State government agreed before Supreme Court that the encounter of Sohrabuddin was a fake encounter. On April 24th, 2007, IPS officers Vanzara, Dinesh MN and Rajkumar Pandian were arrested by Rajnish Rai. However SC observed that Gujarat government was lackadaisical in its investigation and therefore transferred the case to CBI. CBI arrested Amit shah in July 2010 and thereafter on CBI’s request, the case was transferred to Bombay in 2012. Gujarat Government also admitted before the Supreme Court that Tulsi Prajapati’s encounter was fake as well. Meanwhile Amit Shah had secured himself a bail in the Sohrabuddin case after spending 3 months behind the bars. Soon after, to avoid arrest in the Tulsi Prajapati, on the best of Amit Shah, all three cases were clubbed by Supreme Court as a single case. Since Amit Shah had already secured a bail in Sohrabuddin case, he was not charged separately for Tulsi encounter case and thus avoided arrest even though he was the A-1 accused according to the CBI Chargesheet.

While it was already difficult to secure justice while Narendra Modi was the CM of Gujarat as has been observed in multiple riot and fake encounter cases, now that Modi has become the PM of India, situation has gone from worse to worst for the victims of such heinous crimes. Caged Parrot of Congress has now become Mute Parrot of BJP. It has been more than seven years since the CBI filed its chargesheet in the case and yet the trial in this case has not been started. This became the prime argument for all the cops to get bails and now all these cops who are murder accused are roaming freely in uniforms on the streets of Gujarat and have been reinstated in the police force with plum postings. This speaks a lot about the attitude of Gujarat Government who facilitate such cops.

CBI under Narendra Modi did their job by putting a very poor defence in the Amit Shah’s discharge application. While Amit Shah hired a battery of top lawyers, not even a Special Prosecutor was appointed by the CBI for this case. While Amit Shah’s lawyers argued for 3 days, CBI’s lawyer finished his argument within fifteen minutes. The facilitation by Modi Government was not limited to CBI’s role. Even Judges who were not favourable and who rebuked Amit Shah for his non-appearance in the court were instantly transferred.

But the Government and the Investigating agencies are not the only ones to be blamed. The Special CBI Court, in an unprecedented move, acquitted Amit Shah who was a triple murder accused with a mountain of evidence against him without making him face a trial and being cross-investigated. It is only during the trial stage when the witnesses and evidence are appreciated.

While acquitting Amit Shah, the Court ignored several important facts which were damning of Amit Shah’s role in the Sohrabuddin encounter. The Court did not take into account the statement of VL Solanki who was the investigating officer in this case and who had given a statement about how Amit Shah tried to influence the case. The Court has not taken in account all the phone call data and dying declaration of Tulsi Prajapati before the magistrate and NHRC.

What we have seen in Amit Shah’s case is a complete mockery of the Justice system. Jan Sangharsh Manch who has been representing Sohrabuddin’s brother Rubabuddin in this case will move the High Court to appeal against this acquittal. The fight must go on.

Filed Under: Opinion Tagged With: Amit Shah, CBI, Gujarat, Kauser Bi, Sohrabuddin Sheikh, Sohrabuddin Sheikh fake encounter case, Tulsi Prajapati

Gujarat police make dummy 'terrorists' wear Muslim skullcaps in mock anti-terror drill

January 1, 2015 by Nasheman

Policemen posing as terrorists were told to wear skullcaps during an anti-terror drill in Surat

Policemen posing as terrorists were told to wear skullcaps during an anti-terror drill in Surat

Surat: According to the Gujarat Police, two high-profile events in the state – Pravasi Bharatiya Divas and the Vibrant Gujarat Investors Summit – could be a target of terror attacks, and in order to be prepared against any disruptive incidents, mock anti-terror drills are being carried out across Gujarat.

However, it looks like for the police, terrorists and terrorism are quintessentially Muslim.

In the diamond hub of Surat, the drill to check the preparedness of the force ran into controversy on Tuesday, when dummy terrorists in the drill were shown wearing Muslim skullcaps.

A video of the drill shows five policemen holding three dummy terrorists who are wearing Muslim skullcaps. The trio were also shown lying down, while policemen keep a watch on them. The video ends with the men posing as terrorists being bundled into a police jeep after being captured alive.

Surat (Rural) Superintendent of Police Pradip Shejul said the situation could have been avoided by the police but said it should be taken as a “pretty normal thing”.

He said: “We have been conducting mock drills at several locations to check the preparedness ahead of the Vibrant Gujarat Summit. Today, it was held in a coastal location where a policeman posing as a terrorist was wearing a skullcap.”

He added that the incident was “avoidable” and said the intention was not to stereotype any community.

Congress leader Abhishek Manu Singhvi said: “Unfortunately, the hallmark, the identity of this government, is fast becoming a government which is using symbolic gestures, images, comments to create division… It is marked by intolerance which is another reason why the government is a failure. It’s a failed administration.”

Gujarat BJP’s Minority Cell president Mehboob Ali Sufi Baba strongly objected to the portrayal of terrorists in this manner.

“This type of act sends a wrong message to the masses,” Baba said.

(With PTI inputs)

Filed Under: India Tagged With: Gujarat, Gujarat Police, Indian Muslims, Mock Drill, Muslims, Surat

Not enough evidence to prosecute Amit Shah? – Statement by Jamia Teachers' Solidarity Association

January 1, 2015 by Nasheman

Amit-Shah

by Jamia Teachers’ Solidarity Association, JTSA

Even by the plummeting standards set in the last few months, the decision of the special CBI court in discharging Amit Shah, (accused no. 16 in the second chargesheet; accused no. 1 in the third chargesheet) in the Sohrabuddin encounter case, seems outrageous.

The Special CBI court without waiting for even the trial to commence, without weighing the evidence at length, seems to have suddenly concurred with the defence and the ruling party’s view that Amit Shah was caught in a political trap. Why this impatience with the process of the trial? And Shah is no ordinary accused, or accessory with a side role: he is accused of being the “king pin” or the mastermind of the triple murder.

“The entire record considered in totality”, says the court does not indicate to Shah’s role, and hence discharged him. However, what is the entire record? Even a simple, cursory looks suggest that in fact it is not hearsay but solid evidence of call details records, witness statements recorded under 161 and 164 CrPC, as well evidence of systematic and direct interference by Shah in the state CID probe into the encounter.

If the call details records were totally insignificant and proved nothing, why was there such a concerted effort to suppress all such information that pointed to Shah’s role?

The state CID investigations, which first led to the arrests of the senior police offcers, had taken on record phone call details between Shah and accused police officers. However, once the Supreme Court directed the transfer of investigation to the CBI, the CID failed to hand over the CD containing these phone conversations. A total of 331 conversations had been deleted from the record.

(“Another top cop under scanner for ‘erasing’ Amit Shah reference in CD” by Neeraj Chauhan and Ujjwala Nayudu, Indian Express, 27 July 2010.

Link here: http://archive.indianexpress.com/news/another-top-cop-under-scanner-for–erasing–amit-shah-reference-in-cd/652299)

Shah attempted to sabotage CID enquiry

IGP Gita Johri, who was made in charge of the state CID investigation, recorded in Part B of her first report, how Shah attempted to sabotage the enquiry. She has recorded that though she and the Investigating Officer Solanki did not face any “hurdle” initially, “However, as soon as the statements of witnesses pertaining to confinement of Sohrabuddin and Kausarbi in the Farm House of Shri Girish Patel at Ahmedabad came to be recorded, it came to the knowledge of Shri Vanzara and Shri Rajkumar Pandian [two of the accused officers]. It is further learnt that these officers brought the above facts to the notice of Respondent No. 2, Shri Amit Shah, Minister of State for Home, Government of Gujarat.”

It further states that Shah “brought to bear pressure” on the enquiry process, resulting in the enquiry papers being taken away from her “under the guise of scrutiny”. He “directed Shri G.C. Raigar, Additional Director General of Police, CID (Crime & Railways) to provide him with the list of witnesses, both police and private, who are yet to be contacted by CID (Crime) for recording their statement in the said enquiry. Such direction of Minister of State for Home goes beyond the scope of his office, was patently illegal and apparently designed to provide the same list to accused police officers … so as to enable them to take measures in their defence.”

(See “Geetha Johri report speaks of ‘collusion of State government’”, By Neena Vyas, 5 May 2007, The Hindu. Link here: http://www.thehindu.com/todays-paper/article1838149.ece)

Creative Reading by the CBI Court:

The CBI court did not entertain a note written by Gita Johri, in which the sentence “systematic efforts on the part of the state government” was struck out. The CBI’s case had been that this sentence had been omitted under Shah’s political pressure, whereas the court interpreted it to mean that Johri was not happy with the investigation done by the investigating officer. This is a flight of fancy, if there can be one. In fact, it is a matter of record that Johri’s initial investigation, before she was removed, proved to be path breaking. However, when she was reinstated, she took a complete U-turn. So chaffed was the apex court with her that he chastised her, while praising the investigation of the IO Solanki. The Supreme Court observed the following:

“69. We have observed that from the record, it was found that Mr VL Solanki, an investigating officer, was proceeding in the right direction, but Ms Johri had not been carrying out the investigation in the right manner, in view of our discussions made here in above. It appears that Ms Johri had not made any reference to the second report of Solanki, and that though his first report was attached with one of her reports, the same was not forwarded to this Court.

  1. In the present circumstances and in view of the involvement of the police officials the State in this crime, we cannot shut our eyes and direct the State police authorities to continue with the investigation and the charge-sheet and for a proper and fair investigation, we also feel that CBI should be requested to take up the investigation and submit a report in this Court within six months from the date of handing over a copy of this judgment and the records relating to this crime to them.”

(Rubabuddin Sheikh v State of Gujarat reported in (2010) 2 SCC 200, p. 217.)

The Special CBI Court cannot act as though none of this happened. The “entire record” in fact points to Shah’s involvement. The conspiracy is that of three cold-blooded murders. By terming Shah’s implication in the triple murder fake encounter case as a political conspiracy carried out by CBI under directions from a rival political party, the special CBI court has cast aspersions on the Supreme Court which was monitoring the investigations closely at all stages.

Disregarding the statements of key witnesses:

The special CBI court also disregarded the statements of key witnesses: namely, the Patel brothers, Dashrath and Raman, proprietors of the successful Popular builders. Their statements to the CBI details how money was extorted from them and how they were being forced by Vanzara and cohorts to give a statement against Sohrabuddin. The statement describes a meeting as well telephonic conversation with Shah. This has been recorded under 164 CrPC, and yet this is not deemed evidence but hearsay?

One can only say that the pusillanimity of the CBI in first, not contesting Shah’s application of exemption from appearing before the court in encounter cases, then not challenging the bail to senior police officer N.K. Amin in the Supreme Court, then responding to Shah’s voluminous discharge application and marathon three day arguments with a perfunctory 15-20 minutes argument by a junior lawyer, had already made matters clear. The die had been cast on 16th May itself, when Amit Shah delivered the rich harvest of seats for the BJP.

But what it has exposed is the rot in our institutions: the u-turn of the CBI, the reinstatement of the accused cops on duty, some of them, such as Abhay Chudasma, being given coveted posting in the Vigilance squad. Worst of all, what it has shown is the abdication of even a modicum of judicial independence.

Filed Under: India Tagged With: Amit Shah, CBI, Gujarat, Jamia Teachers Solidarity Association, JTSA, Kauser Bi, Sohrabuddin Sheikh, Sohrabuddin Sheikh fake encounter case, Tulsi Prajapati

Sohrabuddin fake encounter case: Charges against Amit Shah dropped

December 30, 2014 by Nasheman

Amit-Shah

New Delhi: A special Central Bureau of Investigation court in Mumbai discharged BJP president Amit Shah in the fake encounter cases of Shorabuddin and Tulsiram Prajapati.

The Central Bureau of Investigation special court dropped all charges against Shah in the alleged fake encounter killings of Sheikh, an alleged extremist, his wife Kauser Bi and Tulsi Prajapati, who was said to be an eyewitness to his killing. This means he will not have to face trial in the case.

“I am of the opinion that the inference drawn by CBI is not accepted in totality and he (Shah) cannot be charged as an accused,” special CBI judge MB Gosavi said in a brief order pronounced in the court.

In September 2013, the CBI had charge-sheeted Shah, the former home minister of Gujarat, and 18 others, including several police officers. Shah was charged with criminal conspiracy, destruction of evidence and offences under the Arms Act.

Sohrabuddin was allegedly abducted by Gujarat’s anti-terrorism squad and killed in an encounter with the police on November 26, 2005, in Ahmedabad. His wife Kausar Bi was murdered three days later, and her body disposed of.

Following this, Sohrabuddin’s brother, Rubabuddin, had filed a complaint that his brother was killed in a fake encounter.

The Gujarat police had claimed Sohrabuddin had links with Pakistan-based terror outfit Lashkar-e-Taiba and planned to assassinate important political leaders.

Tulsiram Prajapati was killed by the police at Chapri village in Banaskantha district of Gujarat in December 28, 2006.

The CBI alleged that Shah, who was Gujarat’s home minister at the time, was involved in both killings as the police reported to him.

Shah stepped down as home minister in 2010 after he was arrested in the case. He got bail three months later.

Senior counsel Mihir Desai, who had appeared for complainant Rubabuddin, had argued in court that Shah was in frequent touch with police officers S Rajkumar Pandyan and DG Vanzara, who are in jail in connection with the case, and that he also tried to influence the investigation into the killings.

Looking at the statements recorded in the charge sheet the minimum that can be deciphered is that Shah was either trying to destroy evidence or fabricate it, and hence the discharge plea should be rejected, said Desai.

But Shah’s lawyer had contested that call records of Shah and some police officials between November 2005 and December 2006 have been brought on record, but calls made by Shah before and after the period were not.

Even the content of the talk was not produced, Shah’s lawyer had contested.

(With inputs from PTI)

Filed Under: India Tagged With: Amit Shah, CBI, Gujarat, Kauser Bi, Sohrabuddin Sheikh, Sohrabuddin Sheikh fake encounter case, Tulsi Prajapati

Recalling his role in 2002 riots, Economist says Modi is follower of Savarkar, an "immensely divisive" figure

December 23, 2014 by Nasheman

Narendra Modi pays homage to Hindutva ideologue Savarkar on his birth anniversary at Parliament House in New Delhi on Wednesday. Photo: R.V. Moorthy

Narendra Modi pays homage to Hindutva ideologue Savarkar on his birth anniversary at Parliament House in New Delhi on Wednesday. Photo: R.V. Moorthy

by Counterview

In a scathing attack on Prime Minister Narendra Modi after a gap of about six months, top British journal, The Economist’s latest issue (December 20) has once again reminded its readers that Modi remains a controversial leader for his “failure” in 2002, when as chief minister of Gujarat, he failed to “avert a massacre of Muslims.” Insisting that the hostility is born of the ideology that militant freedom fighter Vinayak Savarkar “spawned”, the influential British journal says, Modi “has never apologised for the massacre.” Taking a dig at Modi, the journal recalls how he sought to “regret” the riots once – telling a news agency interviewer that he is as sorry for the killings as he is while “seeing a puppy run over in the street”.

Pointing out that Modi is inspired by Savarkar, the journal suggests, after Modi came to power, RSS supremo Mohan Bhagwat has become more aggressive by increasingly referring to Savarkar for inspiration. Like Savarkar, Bhagwat now says that “all who live in Hindustan are in fact Hindus, whatever Muslims, Christians or secular Hindus might say”, the journal says, underlining, “The group has become an enthusiastic and effective actor within (the BJP). The RSS’s millions of members and volunteers played a big role in electing the BJP by a landslide in 2014. At least 19 ministers in government, including Modi, have a background in the RSS.”

Even as saying that Modi is “India’s strongest leader since Indira Gandhi”, the journal contends, the Prime Minister has made no attempt to “distance himself from the RSS”. It adds, “Those who promote Hindutva and echo Savarkar whip up stories of ‘love jihad’, alleging, Muslim men convert large numbers of Hindu women by seducing them.” Pointing out how earlier this month “a BJP parliamentarian praised Godse as a ‘patriot’ equal to Gandhi”, it says, things have gone so far now that “members of the increasingly influential RSS feel emboldened” and are promoting “majoritarian politics” in order to “absorb or flatten a minority” in “utterly destructive” way.

Pointing out that “India’s tolerance and moderation” may be “at risk”, the journal notes, this is clear the way Modi has been promoting Savarkar. “In 2008 Modi, then chief minister of Gujarat, inaugurated a website (savarkar.org) that promotes a man ‘largely unknown to the masses because of the vicious propaganda against him and misunderstanding around him that has been created over several decades’.” While a “previous BJP-led government put Savarkar’s portrait in parliament… on Savarkar’s birthday this year, May 28, the Prime Minister paid homage to him there. Modi tweeted about Savarkar’s ‘tireless efforts towards the regeneration of our motherland’.”

While calling Modi a firm follower of Savarkar, the journal refers to how Savarkar and Mahatma Gandhi differed from each other ever since they met for a meal in England in 19065. “Savarkar offered Gandhi some of his meal; Gandhi, a vegetarian, refused. Savarkar allegedly retorted that only a fool would attempt to resist the British without being fortified by animal protein”, The Economist says, adding, “The meeting is said to have begun hostilities between the two young Indian nationalists. Gandhi was a pacifist with an inclusive attitude towards Muslims and Christians. Savarkar, who would lead the Hindu Mahasabha, was a right-wing majoritarian who spawned the idea of Hindutva, or Hindu-ness…”

Pointing towards how “Savarkar remains immensely divisive”, the journal recalls how he called Gandhi a weak, a “sissy”, and far too willing to collaborate with Britain. “Gandhian talk of man’s common humanity he regarded as utopian to the point of naivety. In articles from the 1920s to the 1940s Savarkar lambasted Gandhi as a ‘crazy lunatic’ who ‘happens to babble…[about] compassion, forgiveness’, yet ‘notwithstanding his sublime and broad heart, the Mahatma has a very narrow and immature head’. Gandhi promoted ahimsa, a Buddhist rejection of violence which Savarkar called “mealy-mouthed”.

Filed Under: India Tagged With: Genocide, Gujarat, Hindutva, Indian Muslims, Muslims, Narendra Modi, The Economist, Vinayak Savarkar

Report on incidence of communal violence in Patan-Somnath town in Gujarat

December 13, 2014 by Nasheman

Representational Image

Representational Image

Alliance for Peace and Justice and All India Secular Forum decided to investigate the incidence of communal violence that occurred on 25th November 2014 in Patan-Somnath town in Gujarat between Hindus and Muslims and was reported in the press.

A team of Adv. Irfan Engineer, All India Secular Forum and Rafi Malek, Alliance for Peace and Justice (APJ) and Jagdish Bamaniya (APJ) was constituted. The team visited Somnath-Patan on 7thand 8th December 2014. They met Assistant Sub-Inspector of Shiv Police Chowki, Shri Babariya, Yusuf Hussain Kachara, President, Patan Ghanchi Samaj, Dadabhai, Secretary of Patan Ghanchi Samaj, Mohammed Haji Yakub, Treasurer of Patan Ghanchi Samaj, Suleman Kapadia, victim whose shop was attacked, Sarman Solanki, Presidant, Veraval Taluka President of BJP and Nusrat Panja. The team also tried to meet Hindu Victims and their representatives but they were not prepared to talk to the team officially. We also tried to meet Kanabhai, leader of the Koli community but he refused to meet us and even scolded the member of the team contacting him stating that he was under pressure and could not talk to the team.

Background:

Patan is a small town in Southern Saurashtra. Patan and Veraval are under a joint municipal body called Patan-Veraval Sanyukta Nagar Palika. Somnath temple in Patan is well known for two reasons – 1) it is one of the Jyotirling of Lord Shiva and therefore auspicious for Hindus, and 2) in 1992 L. K. Advani, the then president of BJP commenced his campaign against Babri Masjid on a rath yatra from this temple town which ultimately led to the demolition of the Masjid in Ayodhya. The Hindu nationalists use Somnath temple as a symbol of “aggression of Muslims” over Hindus as Mohammad Gazni, a Muslim warlord attacked the temple several times for looting its wealth. The Hindu nationalists represent the aggression as Muslim rulers desire to attack Hindu faith and idol worship.

Total population of Patan is around 60,000 with Muslim communities constituting roughly about 25-30% of the population. The two major communities that inhabit Patan are the Ghanchi (Muslims) – about 1,000 to 1,200 houses and Koli (Hindu) – about 1,500 to 2,000 houses. Besides the Ghanchis, there are other communities as well. The other Muslim communities are Patnis, Syeds, Pathans, Sheikhs, Memons etc. There are about 14 Muslim Jamats (communities). The Ghanchi and Koli communities are backward educationally and socially. Literacy rates are lower than the national average and dropout rates high. Roughly on 5% of them complete schooling. There aren’t three professionals – lawyers, doctors or engineers in both the communities. The other dominant communities in the Gir-Somnath and Junagadh are Kharwas, Karadia, Ahir and Patel.

Large number of people inhabiting Patan town are daily wage earners employed in Patan GIDC, in the fishing industry, port, ice factories etc. Every morning, labourers largely belonging to the Ghanchi and Koli communities travel in shared auto rickshaws hailed from Shiv Police Chowki junction to work. Ghanchis and Kolis live in wadis (residential neighbourhoods). The wadis belonging to both the communities are peculiarly interspersed and to reach any destination, they have to pass through each other’s wadis. The wadis are linked through common roads that are poorly illuminated and extremely narrow. We were told that one of the reasons why there were no communal riots in Patan is that any access to the town is passage through each other’s wadis.

The only communal incidence that occurred was in 1983 which began in Veraval between the Sindhis and Muslims and Patan was also affected. Hussain Kasam Kachra, the then Vice-President of Municipal Council had sustained 7 fractures. Other than the 1983 incident, there is no history of communal violence in Patan. People of Patan live peacefully in wadi area and share common culture and identity, exchange of food and participate in each other’s functions and festivals. The Hindu Muslim fabric was strong in this town but in last couple of years the bonds seem to have weakened.

The Ghanchi community leaders told us that the community did not take political stance either way. Both parties – Congress as well as BJP had opened their electoral offices with the help of members of the community to campaign within the community. They gave liberty to their members to vote for any candidate of their choice. However, informally the leaders preferred to ally with the BJP, particularly as the BJP candidate was Jasabhai Barad who was formerly from the Congress. The Ghanchis, in order to get even their routine and easiest work done, have to align with the ruling party without which they have to suffer. Kolis and Ghanchis – both are politically with BJP.

Port, fishing and allied industries, particularly ice factories and ship building are the major industries in Veraval and Patan. There are two gangs of anti-social elements operating in these areas – the Magra Gang and Farookh Maulana gang. They often compete with each other.

The Koli community leaders in Gujarat have been asserting and organizing themselves with the objective of increasing their political representation. The dominant community in Gir-Somnath and Junagadh Districts are Kolis. Until recently they were with the Congress. Their strong organization and political assertion led to bagging large number of tickets from the BJP. In the last state assembly election unprecedented number of Koli MLAs had been elected. The Kolis are demanding 95 tickets for their community members and should that happen, they would decide the Chief Minister of Gujarat, however, that does not seem probable. BJP for the first time gave MP ticket to a member of Koli community – Rajesh Chudasama – elected in the 16th general election from Junagadh constituency in which Patan town falls. The renewed assertion Kolis is impacting on their social interactions. Every two or three months, there have been disputes between members of Koli and Ghanchi community over petty issues of payment to a rickshaw drivers etc. with potential of widening the conflict. However, the leaders of both the communities immediately intervened in the past and settled the dispute amicably. Mostly the Ghanchis would be made to pay some minor compensation.

Incident:

The team did not find material difference in the narration of the incidence of communal violence that had occurred on 25th November 2014 by various people they talked to. The ASI Babariya was present during the communal incidence on 25th November as the violence broke out near Shiv Police Chowki at about 8.30 am. The Police personnel of the Chowki had just resumed their respective duties when the violence occurred and they were completely unprepared. According to the ASIthere was a dispute about a Rs. 10 currency note belonging to a “Mohammedan” which was claimed by a Koli.

According to Yusuf Kachara, Muslim passengers were sitting in an auto rickshaw being driven by a Muslim. A Rs. 10 currency note belonging to Muslim passenger fell down, but was claimed by a Koli. According to Suleman Kapadia, who owns several shops, including a cold drink shop, youth had written his cell number to pass it on to his girl friend for her to call him. Girls are not allowed to keep cell phones with them so they exchange cell numbers in this way and use someone else’s phone to call. When the currency note was claimed by a member of Koli community, there was heated argument.In the scuffle, the Muslim passenger was hit bya tiffin box.This injured the Muslim youth and his head and started bleeding. SulemanKapadia further informed the team that the wound was deep and there were three stitches. The Ghanchi neighbourhood and the Koli neighborhood is separated by Veraval-Una Highway and the Shiv Police Chowki too issituated on the Highway. According to the ASI and all others the team talked to, elders of both the community intervened and separated those fighting.

However, after about half an hour, the Kolis from Shanti Nagar reassembled and started pelting stones on Muslim neighbourhood across the highway. We observed the shop facing the road located on the Muslim side had been damaged. ASI further informed the team that the bikes on the road were also burnt.In the attack by Koli youth, one fruit stall, and two refrigerators of cold drink shop owned by SulemanKapadia were damaged. They looted the chocolates, biscuits and other eatablesin the shop. SulemanKapadia claims that he suffered a loss of about Rs. 4-5 lakhs and has no insurance. One motorbike(pulled out from house by breaking doors) and two fruit stalls and a fruit shop were damaged in the attack led by the Koli youth.

Muslim youth too gathered and retaliated by pelting stones from the roof top. They burnt 8 motorbikes, damaged two fruit stallsand one fruit shop and 10 to 15 Kolis suffered minor injuries while 8-10 Muslims also were injured.

Yusufbhai informed the team that once every 2 – 3 months such scuffles happen over some minor issue or another, including payment of rickshaw fare. Elders of both sides intervene and do not let the violence escalate even if sometimes they have to compensate in order to settle the dispute. However, this time the Muslim youth did not listen to them. Yusufbhai along with the ASI and his team of two constables that were available at the time were trying to keep stone pelting mobs separate. The ASI was injured too as a stone hit him behind his right year causing swelling. Yusufbhai too was injured. The police team of three was hopelessly outnumbered and ill equipped, without even helmets for their protection. Half an hour later, police reinforcements came along with Dy. SP and Mamlatdar and they brought the situation under control. The police had to burst teargas shells near Vadli to disperse the Muslim mob. In the melee, someone snatched a mobile worth Rs. 500/- (five hundred only) of a policeman.

None from any community lodged any complaint with the police pertaining to the incident. Police suomoto registered an FIR. Later, the police arrested 42 Muslims and 14 Koli youth who were still in their custody. The police have charged all the 56 persons, amongst other sections for rioting, with S. 395 of IPC (dacoity) for loss of a mobile of the policeman.Ghanchi community members told the team that police arrested by-standers and innocents who happened to be there during the incident on both sides – Muslims as well as Hindus. The Ghanchi Community was taking care of all the expenses of the Muslims who were arrested and providing them food from a hotel. They also paid the family of the poor among the 42 who were arrested as their earning members were in police custody. The office bearers of the Patan Ghanchi Muslim Samaj were appreciative of the role of the BJP MLA Jasabhai Barad who promptly intervened when the police were arresting large number of Muslims. This stopped the police from being hostile to the community. Jassabhai Barad crossed over to BJP from Congress as he could not get any work done while in his former party. Jassabhai had polled votes from Muslims too.

A Hindu shopkeeper on the Muslim side of the Highway, who was sympathetic to RSS, talked to a team member but did not want to be identified. He derived satisfaction from the police action arresting large numbers of Muslims compared to Hindus.

Shops in the Patan area were closed on the day of the incident. However, the leaders of both the community met and decided to open their shops next day. Hindus were still afraid of opening their shops though Muslim shops had opened. Yusufbhai then called Kanabhai, leader of Koli community to open their shops as well. Similarly, the workers working in the GIDC from both the communities were afraid of getting out of their homes and travel to the GIDC area where factories are situated as they would have to negotiate “hostile” territories. However, here too, the elders of both the communities got together to persuade the workers to come out and go for work.

Our Findings and observations:

The communal riots in Patan seem to be spontaneous however, the root cause of the riots is continuous communal discourse in media and by communal organizations that is deepening communal consciousness. The Hindu communal forces have considerably succeeded in deepening Hindu communal identity based on “othering” of Muslims who are at best perceived as a problem to be tolerated and from time to time reminded that they are second class citizens living at the sweet will of Hindus. It is because of this that smallest and most insignificant conflict of daily occurrence takes communal turn and mobilizes non-Muslims against them. Patanriots is an excellent example of that. Why should ordinary dispute over payment of rickshaw fare or anything else become a cause for communal mobilization? The state and civil society both will have to do a lot neutralize these communal feelings, particularly, the “othering” of Muslims. Such propaganda are also an offence under s. 153A of IPC but the section has remained mute witness to offences committed against Muslims in Gujarat and indeed in India without being invoked ever. This time the riots could be easily controlled, but the violence may escalate and may be uncontrollable in future.

As we were tracking through the narrow lanes of Patan, on the surface peace seems to have been restored and everything normal. Women belonging to the Ghanchi community and Koli community were treading on the street together and conversing with each other. Women belonging to both the communities were sitting next to each and hawking fruits and vegetables. However there is a deeper division below the surface and communal divisions are widening with each such incident. RSS affiliated organizations are active in the area resorting to communal discourse which “others” Muslims. Though the Muslims had voted for the BJP in the last elections, but as the BJP Taluka President SarmanSolanki told the team, they (the BJP) would not change their ideology and Muslims could not be trusted just because they voted for them. Solanki said he personally did not believe in casteism of communalism.

Though the police could control communal violence this time, their post riot action of arresting 42 Muslims and 14 Hindus seems to be arbitrary. We were told that the Muslims in custody were sharing their food with the Hindus. The real culprits may still be free on both sides. Police need to do thorough investigation of the incident and marshal evidence to see that the guilty of violence on both sides are punished as a deterrence for future such escalations. It appears that police are not investigating the offence with the degree of seriousness it requires. The signals it is sending to both the communities is that the police are taking some action for records and soon everybody will be out of the custody and go scott free. Community members too seem to be relieved that no one from “their” community would be punished, and indeed innocent bystanders seem to have been arrested. The real instigators of the riots and stone pelters should not be allowed to go unpunished.

Civil Society organizations would have to promote harmony and understanding between various communities respecting differences and learning and benefiting from the rich diversitythat prevails in India. Urgent and serious attempts are needed here.

Filed Under: Human Rights, India, Indian Muslims Tagged With: All India Secular Forum, Alliance for Peace and Justice, BJP, Communal Violence, Communalism, Gujarat, Hindus, Indian Muslims, Muslims, Riots, Somnath Patan

Deadline approaches for U.S State Department to answer to PM Modi's human rights violation charges

December 8, 2014 by Nasheman

A small human rights group refuses to let India’s Prime Minister walk free for the 2002 Gujarat riots

Modi-protest-us

by Alex Ellefson, AlterNet

In 2002, the Indian province of Gujarat experienced one of the bloodiest instances of religious violence in the country’s history. Following a train fire that killed 59 Hindus, riots erupted across the province that targeted the local Muslim minority. More than 300 mosques and other religious sites were destroyed. Muslim women were chased through the street, raped and burned alive. After three days of unrest, at least 1,000 people died and more than 16,000 Muslims were driven from their homes and became refugees.

A 2005 report by Amnesty International revealed that police stood by or even joined in the violence. And some suggest that police may have even been ordered by their superiors not to intervene.

Some of the blame has been directed at Gujarat’s then-Chief Minister, Narendra Modi. Amnesty International, Human Rights Watch, and India’s National Human Rights Commission have accused Modi of not acting to stop the riots.

The accusations against Modi were enough for the United States to deny him a visa in 2005.

That put the United States government in an awkward position when Modi, a Hindu nationalist, was elected Prime Minister in May. Following his election, the U.S. State Department reinstated Modi’s visa, arguing that his position as a head of state granted him diplomatic immunity.

However, a small U.S.-based human rights group refuses to let Modi walk free.

In September, just ahead of Modi’s first visit to the United States as the newly elected Indian Prime Minister, the American Justice Center filed a civil lawsuit in a New York Federal Court seeking punitive damages on behalf of two survivors of the 2002 Gujarat riots.

The American Justice Center also offered a $10,000 reward to anyone who would serve Modi with a court summons when he visited New York City.

In November, a federal judge overseeing the case ordered the U.S. State Department to respond by December 10 (next week) to the American Justice Center’s memorandum challenging Modi’s diplomatic immunity.

The American Justice Center argues that the lawsuit applies to acts Modi committed as Chief Minister, not as a head of state, which would exempt him from diplomatic immunity.

“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,” American Justice Center President Joseph Whittington said in a press release. “Survivors of the horrific Gujarat massacres expect the US to uphold its own laws as well as international norms of justice.”

The American Justice Center has pursued Modi across the globe. Last month, the organization filed a criminal complaint against Modi in Australia a few days before the Indian Prime Minister visited that country. The complaint charged Modi with committing crimes against humanity and genocide for his role in the 2002 Gujarat riots.

“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 Whittington in press release related to the charges in Australia.

Filed Under: India Tagged With: American Justice Center, Communal Violence, Genocide, Gujarat, Narendra Modi, Riots, United States, USA

I carried out the encounter of Ishrat Jahan on the orders given by my superior, DG Vanzara testified before CBI court

December 3, 2014 by Nasheman

Photo: Hindustan Times

Photo: Hindustan Times

Ahmedabad: Accused in many fake-encounters, Gujarat IPS officer DG Vanzara has spilled the beans on Friday when he testified before a special CBI court here that he carried out the encounter of Mumbai college student Ishrat Jahan on the orders given by his superior on the basis of inputs received from Intelligence Bureau (IB).

Vanzara, who has been in jail for more than seven years, made his submission through his lawyer during hearing on his bail plea. His lawyer VD Gajjar told the CBI court that the IB, in an affidavit before the Supreme Court in August, had clearly mentioned that the four persons killed in the encounter were terror suspects and the claim was supported by a statement of David Headly, a 26/11 plotter. However, the CBI charge sheet contradicts Vanzara’s claim as the inputs about the terror suspects coming to Gujarat were given to then Ahmedabad Police Commissioner KR Kaushik not to Vanzara. The inputs were forwarded to Vanzara, then a DIG, through his superior Kaushik, he said.

His counsel argued that Vanzara was not aware about IB’s inputs and he only executed the operation on the instructions of his superior but the CBI did not make Kaushik an accused in the encounter case.

He further asked the court that in the FIR, CBI relied upon statements of some police inspectors, who said they took part in the encounter on the orders of their superiors. Vanzara also did the same, then why was he “framed” while his superiors were not named accused by the agency. He also questioned why IB officers were let off the hook?

“CBI had not made four IB officials linked to the case (Rajendra Kumar, Tarun Mittal, MK Sinha and Rajiv Wankhede) accused and only Gujarat Police officers were named in the charge sheet”.

In its defence, CBI lawyer LD Tiwari said the agency had not received sanction from the Union Home Ministry, as required under Section 197 of CrPC, to proceed against the IB officers.

It is to be noted here that under the Section 197 of CrPC, no public servant can be prosecuted for an alleged offence committed during discharge of official duty without the government’s nod. Contending this, Vanzara counsel Gajjar said CBI did not opt for any such permission before naming Vanzara or any other Gujarat Police officer in the charge sheet. The court, after hearing the submissions, adjourned the matter to December 5.

It is to be recalled that Ishrat (19), a college girl from Mumbra near Mumbai, and along with three men – Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar – were shot dead allegedly by Gujarat Police near here on June 15, 2004 on suspicion that they were on a terror mission.

On the order of the Supreme Court, CBI did the probe of the encounter and found that it was cold-blooded murder in which over a dozen policemen, including IPS officers, were charged with murder and criminal conspiracy and Vanzara is one of them who got bail in another fake encounter of Sohrabuddin Sheikh and his wife. Vanzara’s submission, who was considered as a blue-eyed police officer in the then Modi-led Gujarat, may stir up hornets’ nest.

Filed Under: India, Indian Muslims Tagged With: Amit Shah, D G Vanzara, Gujarat, Ishrat Jahan, Narendra Modi, Sohrabuddin Sheikh

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