Narendra Modi and Godhara Riots
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Author: AK Srivastava
(Twitter account @aksrivastava232) is Senior Advocate in Supreme Court of India, New Delhi where he is practicing since last 40 yrs. He had been Advocate General of Govt. of Sikkim & was Hon.Secretary of Supreme Court Bar Association for two years( 1991-92,1992-93). He writes at http://ak-srivastava.blogspot.in & has agreed to post his articles here too.
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(My present blog is based on allegations made against Narendra Modi and the findings given by Special Investigation Team constituted by Hon’ble Supreme Court of India.I do not intend to add or subtract any thing that appear in SIT Report submitted to Hon’ble Supreme Court.)
Dr.Manmohan Singh, P.M, despite order dated 26.12.2013 passed by the Learned Magistrate, Ahamdabad accepting the closure report in Godhara Case and rejecting the protest petition filed by Mrs.Zakia Jafari widow of Late Ahsan Jafri, Ex- MP of Congress, accused Sri Narendra Modi of presiding over mass murders of people in Ahmadabad and that his election as PM of India shall be disastrous. This was followed by Rahul Gandhi asserting that Gujarat government abated and pushed riots in Godhara. Taking clue from them Congress spokespersons have started hurling on Modi all kinds of allegations ripping open the wounds which might have started healing after the Trial Courts order of December 26th ,2013. This I am saying as the sworn enemies like NCP leader Praful Patel said that once the Court has given its verdict, it must be accepted. Even Farooq Abdulla, President of National Conference said that if Narendra Modi is elected democratically, he will accept the verdict of the people.
Now, I revert back to the facts disclosed in SIT Report which can be summarised as follows:-
Pursuant to the killings of karsewaks who were travelling in Sabarmati Express train at Godhara railway station on 27.2.2002, a call for Gujarat bandh was given by Vishwa Hindu Parishad and other Hindu organisations on 28.02.2002. On the day of bandh,a huge mob comprising about 20,000 Hindus gathered unlawfully armed with deadly arms and weapons, in further their common intention and indulged in attack on the properties,shops and houses of Muslims as well as a Madarsa/Mosque of Gulberg society located in Meghaninagar, Ahamdabad adabad City resulting in death of 39 Muslims including Late Ahsan Jafri Ex-MP ,injuries to 15 Muslims and 31 Muslims went missing. Late Ahsan Jafri fired from his private licensed weapon in self defence causing injuries to 15 persons in the mob. One of the victims succumbed to his injuries.The Police lathi charged, busted 134 teargas shells and fired 124 rounds resulting into death of 4 Hindus and injury to 11 others.
A case No.CR No.67/2002 U/Ss 143,147,148,149,302,323,332,427,435,436,186,188 and 120B of Indian Penal Act and other provisions of other Acts were registered in Meghaninagar P.S.on the basis of complaint lodged by K.G. Erda, the then Sr.PI. After investigation was completed, charge sheets were filed in the court of Ld.M.M.duri.g the period 03.06.2002 to 18.10.2004.The Ld. M.M.committed the case to the Sessions Court for trial.
When the Supreme Court was moved, the trial was stayed on 26.03.2008, an SIT was constituted by its order which carried out investigations and submitted its report. The SIT filed three supplementary charge-sheets. The Supreme Court vacated the stay order and Special Judge was notified by the Gujarat High Court on 07.05.2009.The trial of the case commenced on 07.09.2009.
In the mean time Smt. Zakia Jafari submitted a complaint to Sri P.C. Pandey, DGP Gujarat for registration of FIR U/Ss 302r/w120B IPC and other provisions. For the purpose investigation, Police wanted to record her statement but it took considerable time to seek her presence.When she ultimately appeared, she refused to make her statement on the pretext that FIR be first recorded.
On 01.03.2007,Smt. Zakia Jafari moved the Gujarat High Court with a prayer to direct the Police to register an FIR and that further investigating be carried out by CBI. The H.C. rejected her petition and directed her to file a private complaint.
Aggrieved, she moved the Supreme Court and the Court on 24.07.2009 was pleased to direct that her complaint be investigated by the SIT constituted by the Court.on 15.05.2009 the Hon’ble Supreme Court reconstituted the SIT.The Govt.of Gujarat notified the reconstituted SIT.
Smt. Zakia Jafari in her complaint dated 08.06.2006 had named 63 persons as accused which included Sri Narendra Modi, Chief Minister of Gujarat. Other accused were former Ministers and officers of Gujarat Govt.
The SIT as constituted by the Hon’ble Supreme Court fully investigated the matter, examined the persons including Sri Narendra Modi and others,examined the materials and gave the following findings:-
1. The allegation that the CM did not visit the riot affected area at the initial stage though he visited Godhara Railway Station on 27.02.2002 stands substantiated. ( Proved )
2. No direction was given by Sri Narendra Modi to Hindu organisation against the observance of Bandh on 28.02.2002, bandh having been held to be illegal Kerala High Court to be illegal stood substantiated. ( Proved )
The author Sh. A.K. Srivastava (@aksrivastava232) is Senior Advocate in Supreme Court of India, New Delhi where he is practicing since last 40 yrs. He had been Advocate General of Govt. of Sikkim & was Hon.Secretary of Supreme Court Bar Association for two years( 1991-92,1992-93).
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Thanks for this insightful report. Game over for Congress mostly.
Congress contemplating news advertisements every single day like “Rajiv Awas Yojana” which envisages Slum Free India, so BJP will need to counter attack on these advertisements which are currently running on television and print media.
I am late today. First of all thank you for this comprehensive report. The Truth is out in the open but idiotic politics still doing the rounds with the help of paid media. Personally I think BJP and Modiji shouldn’t be worried instead work on the vision document and present it as soon as possible.