[Reader-list] more on state-sponsored fake encounters

[Javed]

An Open Letter to Hon'ble Prime Minister

Dr. Manmohan Singh

Hon’ble Prime Minister of India

September 8, 2009, 1.02am

Dear Dr Manmohan Singh.


                                     I had written a small article in
The Hindustan Times in June 2004. It was called ‘Come Shoot Me: I am a
Terrorist’. It was to express my anguish on Ishrat Jahan’s killing in
Gujarat.

The Magisterial Enquiry, which is mandatory in every encounter case
(and which was never done in the Batla House encounter) has finally
termed it Ishrat jahan’s killing as a fake encounter yesterday in a
metropolitan court. It is not a matter of surprise for us as we knew
that she was killed in cold blood. Perhaps you will also agree that
such things are happening and happened in Gujarat under Modi. But I am
not writing to talk about how bad Modi is.

I am writing this to ask you a small favour.

I know you have absolutely hectic schedules and thousands of issues to
handle so I am putting down here the facts, gathered from various
media reports.

On June 15, 2003, the Ahmedabad city crime branch, then headed by the
now jailed IPS officer D G Vanzara, shot four young people –Ishrat
Jahan, Javed Shaikh alias Pranesh Pillai, Amjad Ali Rana  and Jisan
Johar. It was propagated that these four young people were alleged
Lashkar-e-Toiba (LeT) operatives who were allegedly on mission to kill
chief minister Narendra Modi.

Ishrat, was a 19-year old student of Khalsa College in Mumbra, a Mumbai suburb.

Ishrat's mother filed a petition in the high court in 2004 demanding
death compensation and a CBI probe. Ishrat Jahan’s mother’s Petition
alleged that it was a fake encounter as one of the many that the
present government regime in Gujarat headed by Narendra Modi had done
to achieve Political Mileage to publicly create panic and sympathy
that the Chief Minister was sought to be assassinated.

The crime branch carried out the operation and the same agency
conducted investigation.

When the petition was heard by Justice KS Jhaveri , he immediately
proposed, almost on line taken by the Supreme Court in the infamous
Sohrabuddin fake encounter case, for which Vanzara was jailed along
with other policemen, that a five-member team - all of the rank of
additional DGP - should probe this case.

The encounter was done by the infamous D. G. Vanzara and his team who
are presently arrested under Orders of the Hon’ble Supreme Court in
the case of fake encounter of Sohrabuddin and his wife Kausarbi.
Sohrabuddin’s encounter has been admitted by the state to be fake and
recently on 11/08/2008, they have agreed to deposit an amount of Rs.
10.00 Lakhs as interim ex-gratia compensation for being paid to the
Kith and Kin of the two.

There are allegedly 28 encounters which were fake and have been covered up.

In Ishrat Jahan’s matter the CBI was impleaded as a Party and it took
a stand that if the Court so orders they are willing to carry out
fresh investigations and unearth the truth. Such stand triggered panic
with the State Government and it seems even with some Officers of
Central Home Ministry.  After UPA came to power some tainted CBI
officers placed in Gujarat during the NDA with questionable track
record were removed after  a lot of pressure and almost two years but
they soon found plush positions in Delhi under UPA regime.

To our dismay we realized last month through the media reports that
the Ministry of Home Affairs in an affidavit stated that Ishrat, Javed
and two others Jisan Johar and Amjad Ali Rana were all operatives of
Pakistan-based terror group Lashkar-e-Toiba.

Maintaining that the four were terrorists, the Union government told
the high court, "No proposal for CBI investigation is under
consideration of the Centre nor does it consider the present case fit
for CBI probe."

Moreover, the Centre claimed that there is no question of independent
inquiry, as an additional DGP (CID & Intelligence) had carried out an
independent probe into the incident and the officer is neither working
with crime branch nor is he a subordinate to the crime branch, which
carried out the operation and later investigated the case itself."

If you remember Hon’ble prime Minister when I met you regarding the
Package for the Gujarat 2002 victims along with other activists from
Gujarat I had jokingly said, “The news that UPA has replaced NDA at
the centre has not reached your Home Ministry as yet’. I had said this
precisely in the connection of how the tainted officers promoted by
the BJP were still being pampered under the UPA.

The reason behind filing of the Affidavit by the Central Government
was to dissuade the Court from appointing a strong S I T and give a
message that even the Central Government had approved the act of fake
encounter. But for the magisterial enquiry the Central Home Ministry
had left no stone unturned to prove that Ishrat deserved to be killed.

The logic used always is what will happen to the morale of the
officers. My question is what happens to the morale of the officers
when they torture innocent young people, when they kill them, when
they illegally detain them, beat them. What happens to their morale
then? Do they just go home and sleep?

Why don’t we as nation stop playing the farce of being a secular
nation and why don’t we remove the article from the constitution which
says all citizens are equal?

The affidavit filed by the Home Ministry is a proof of the fact that
in Ishrat Jahan’s fake encounter case UPA has connived with the
Gujarat government in a blatantly communal manner. With 3 days to go
before assembly bye election in 7 seats in Gujarat 5 more innocent
boys have been picked up in Baroda and declared' terrorists'.

I do not know if this letter will be also lost on the way and find
itself in a dustbin as I have never received any acknowledgment from
your office, so I will be forced to circulate it to others to lodge a
strong protest against this blatant connivance of the Home Ministry
with the Gujarat government.

My request to you is that if your government has any political will
then please ask your home ministry to tender a public apology for
filing the affidavit against the innocent girl who was so brutally
murdered. It requires some courage and conviction.

You are fond of poetry.

Faiz ke chand lines apki nazar kar rahi hoon:

Tujh ko kitnon ka lahoo chahiye ae arz-i-watan, Jo tiray arz-i-berang
ko gulnaar karein

Kitni aahon se kaleja tira thanda hoga, Kitne aansoo tiray sehraon ko
gulzaar karein


(The blood of how many do you need O motherland;That which will
brighten your colourless earth;

How many sighs will soothe your heart; How many tears will cause your
deserts to bloom.)

Sincerely Yours

Shabnam Hashmi

Member, National Integration Council

[shabnamhashmi at gmail.com]

========

Jaspal Singh, IPS (retd) former Minister, Gujarat writes to SIT on
Gujarat riots 2002

Calls Gujarat riots "a thoroughly thought out elaborate and heinous
strategy to communalise the society at large in Gujarat, with a view
to derive political benefits"

Jaspal Singh,IPS (retd) (former: Cabinet Minister, Government of
Gujarat , Mayor of Vadodara, Commissioner of Police, Vadodara,
Gujarat) wrote the following letter on 7 September 2009 to Dr. R.K.
Raghavan, Chairman, Special Investigation Team (SIT), Dr.Jivraj Mehta
Bhavan, Block-11, 1St Flr, Old Sachivalaya, Gandhinagar:


Sir,

Sub: Gujarat Riots of 2002 – Action thereon

Apropos my letter dated Jun 06, 2009, I write to compliment you for
pursuing investigations in to the Gujarat riots of 2002 with vigour by
recording statement of Mrs.Zakia Jafri, widow of late of Mr.Ehsan
Jafri, a former member of the Parliament, Shri R.B.Sreekumar, IPS
(Retd), former DGP of Gujarat, and Mr.Rahul Sharma a serving IPS
officer of Gujarat cadre. While the progress of the case does bring
some comfort to the victims of the genocide unleashed in Gujarat, lot
more remains to be done as expeditiously as possible, so as to instil
a sense of hope in the hearts and minds of Indians, that the rule of
law would be respected and no one would be spared for flouting it. The
happenings of 2002 have brought shame and disgrace of unfathomable
proportions, and only investigation by the SIT under your command can
redeem the honour of the country.

I list below some of the matters which need to be investigated in
detail in pursuance of trust reposed in you, and your team by the
Hon’ble Apex Court. Your efforts will assuage the terribly dented
image of our great country, and hence your responsibility is immense.
As a retired IPS officer I consider it a matter of pride that the job
to redeem the honour of the country has been entrusted to the SIT
headed by a IPS officer. The outcome of the SIT’s investigation and
actions following it may prove to be a benchmark in the history of our
country.

1.     Communalisation of Gujarat: The mayhem in Gujarat was the
result of a thoroughly thought out elaborate and heinous strategy to
communalise the society at large in Gujarat, with a view to derive
political benefits. Towards that end the exclusivist, fundamentalist
and sectarian pseudo religious groups among Hindus and Muslims played
a leading role, aided and abetted by those at the helm.

2.     Examiniation of participants in the crucial meeting chaired by
the CM – Narendra Modi:

Examination of the following persons is crucial for the purpose of the SIT:

a)    Smt.Swarnakanta Varma IAS, the then Acting Chief Secretary

b)    Mr.Ashok Narayan, IAS, the then Home Secretary

c)     Dr.P.K.Mishra, IAS, the then Principal Secretary to the CM

d)    Mr.Anil mukim, IAS & Mr.A.K.Sharma, IAS Secretaries to CM

e)    Mr.P.C.Pande IPS, then Commissioner of Police Ahmedabad

f)      Shri K.Chakravarty, IPS, the then DG of Police, Gujarat

g)    Shri G.C.Raiger, IPS, the then Addl. DGP of Gujarat

h)    Shri Nityanand, IPS, Secretary in the Home Department.

3.     Representative of CBI: The SIT must examine Shri Rajendrakumar,
the then Jt.Director, Central Intelligence Bureau (CBI) in charge of
Gujarat who had insisted on the state DGP to deem the burning of the
train at Godhra as a terrorist act mounted by the ISI.

4.     Examination of Ministers: Examine all those ministers of Shri
Modi Government about the details of the meeting held at the residence
of the CM on 27.02.2002, including the then Minister of State for Home
Shri Govardhan Zadapiya who had admitted in the State Assembly about
the meeting convened by the CM. It may be mentioned that the State
Assembly was in session on the day the tragic events took place at
Godhra. This can be verified from the official records of the State
Assembly. This will clarify that the CM had directed the officers to
permit free play of Hindu revengefulness on the Muslims (Reference to
June 03, 2002 issue of the weekly – Outlook).

5.     Whether prompt action taken: Examine whether there was delay in
requisitioning army and central para military forces with a view to
give free hand to the anti Muslim rioters.

6.     Law and order Review meeting minutes: Examine the minutes of
the law and order review meetings chaired by the CM, the Chief
Secretary, and the DGP jointly, or otherwise and subsequent follow up
action by subordinate officers in the police department, and executive
magistracy from District Magistrates to Mamalatdars. If minutes were
not kept it would be obvious that monitoring of the implementation of
decisions could not haven been done.

7.     Follow up action: Examine how the monitoring of the
implementations of the decisions in these review meetings was done by
the CM to DGP without minutes of these meetings.

8.     Media reports – sources: Conduct deeper probe in to the source
of media reports about the meeting chaired by the CM, where the CM
directed the officials to be soft on Hindu rioters.

Investigation on the above lines could provide evidence of extra
judicial confessions.

Some further investigations that are necessary are:

a)    Examination of documents on the communications between and among
the CM’s office, CS Office, Home department, DGP Office and the
Commissioners of Police of Ahmedabad, Baroda, and SPs of major riot
affected districts in the period from 27.02.2002 to 31.05.2002.
Similar correspondence from the relevant police stations to district /
commissionrate level officers also be examined to find out whether
there were major omissions and commissions to facilitate the Pogram
against the Muslims

b)    Examination of documents on communications between the DGP and
the State Control room in Gandhinagar, and the Commissionarates,
besides offices of the DSPs, Addl. DGP (Intelligence)

c)     Examination of entries in the registers and log books of the
police patrol vehicles in cities and important towns.

d)    Examination of documents on various incidents and action
reported by DGP and CP Ahmedabad and riot affected districts to their
higher officers.

e)    Examination of reports by DGP, Home department, Chief Secretary,
ADGO (Intelligence) to the Central Government and to find out veracity
of reports and efforts of anyone to suppress truth.

f)      It is on record that the Gujarat State intelligence branch had
sent daily reports to Shri B.K.Haldar, Jt. Secy, MHA, New Delhi from
13.03.2002 onwards. Besides, daily reports which were sent on various
specific incidents that took place in Gujarat. A study of these
reports will indicate that there was anti-minority prejudice explicit
in the actions of the state police which prompted them to avoid arrest
of Hindu rioters and concentrating on penalising the Muslims. Analysis
of the statistics prepared by the Add. D.G., Intelligence, Gujarat in
the form of daily reports will reveal that the casualties in the
police action weighed heavily against the Muslims, as also the
destruction and damage to properties.

g)    Action must be taken to procure data regarding representations
from the riot affected people and general public received through
phone calls, written complaints and personal representations from
27.02.2002 to 31.05.2002. It is  also necessary to examine the quality
and character of response to these by the enforcing officers. In case
responses are found to be inadequate, and unprofessional, an adverse
inference can be drawn against the concerned officers.

h)    Examination of documents on meetings held by CP, Ahmedabad and
other police commissionarates and affected districts during the same
period to find out the nature of instructions given and decisions
taken thereon and the extent of their implementation.

i)      Examination of concerned officers from DGP to field officers
at the police station level on their failure to comply with the
directions and instructions on handling of communal situation in
Gujarat as per Gujarat State Police Manual Vol-III, Rule 21 to 31, and
DGP Gujarat’s booklet on “Criminal Riots – Strategy and Approach”
forwarded to all senior police officers by the then DGP Shri
K.V.Joseph vide his letter No. SB/49/1050/1175 dated 19.11.1997,
compilation of Government instructions captioned –“Criminal Peace”,
and recommendations of Justice Reddy Commission and the Commission
headed by Justice Dave.



j)      Officers in charge of areas where large scale violence
happened should explain the reason for their dereliction of duties in
violation of the provisions of Gujarat Police Manual Vol-III, Rules
24, 134, 135 and 136. It is relevant to note that such culpable
connivance by government functionaries with the rioters had prompted
the Apex Court to portray the Gujarat bureaucracy as modern day Neros
and the Hon’ble Supreme Court had actively  intervened to correct the
aberrations by ordering :



i)       Transfer of Bilkisbano rape case to CBI in April 2004

ii) Transfer of Bilkisbano and Best Bakery cases to Maharashtra in April 2004.

iii) Review of 2000 odd closed cases (August 2004)

iv) Creation of SIT to reinvestigate 9 major carnage cases (March 2008)

v) Order of the Supreme Court to the SIT to investigate on all points
contained in the complaint filed by Mrs.Jafre (April 2009)



k)    SIT should  go in to the series of circumstances indicating
criminal motive of the CM, Gujarat and his collaborators in projecting
the Godhra train fire incident as an outcome of conspiracy by ISI and
a terrorist act. There is sufficient evidence to prove that even
before the investigating or intelligence agency had any information
about conspiracy behind the Godhra fire, the CM, Gujarat, a national
leader of BJP, declared it to be a consequence of conspiracy. This is
the starting point of anti minority carnage. The CM made a statement
in the state assembly that the Godhra train incident was a pre-planned
terrorist act and was a result of a conspiracy.



l)      In fact the Gujarat police brought out the questionable
conspiracy element only by the end of March 2002. The Apex Court had
not supported the Gujarat State Government’s application of provisions
of the then prevailing POTA on the accused of the Godhra train fire.



m) Revelations by some witnesses in the Godhra train fire case in the
operation ‘kalank’ brought out by ‘Tehelka’ magazine about the Gujarat
police bribing them to give false evidence. The then Home Secretary
Mr.G.C.Murmu, and Government pleader Mr.Arvind Pandya tried to tutor
the then Addl. DGP. Shri R.B.Sreekumar to support Government’s
conspiracy theory during his cross examination by the Nanavati
Commission. The then Godhra Collector Ms.Jayanti Ravi  openly stated
that the Godhra incident was criminal and she did not mention either
about the conspiracy or it being a terrorist act.



n)    In fact in my view the ill motivated declaration of ISI being
behind this conspiracy was a part of the larger conspiracy to
perpetuate genocidal crimes against the minority community for
ensuring political consolidation of the majority community in favour
of the BJP to procure electoral dividends. Simultaneously the Sangh
Parivar could achieve their ever pursued hidden agenda of treating the
Muslim minority as second class citizens. Having denied proper relief
and rehabilitation in pre-riot vocations/trades, commerce and
agriculture, many riot victims were forced to compromise with the
perpetrators of the violence and consequently not even 25% of the
cases reviewed on the Apex Court’s orders could end up in prosecution
of accused persons.



o)    Abnormality and impropriety in the following actions by Shri
Modi government after the Godhra incident need to be uncovered, as
they are linked to the plans to inflict maximum damage on the Muslims.



                        I.      A condolence resolution was passed in
the state assembly to condone those who were killed in the train fire,
though no person for whom such resolutions are customary were killed.



                    II.      No condolence resolution was passed to
condone the death of Ehsan Jafri, a former MP as was customary. This
was in total violation of legislative norms.



                 III.      No discussion in the state assembly on the
riots was held for over 10 days as the assembly remained closed during
the period.



                  IV.      The CM and BJP leaders supported the
Gujarat Bandh call given by the VHP on 28.02.2002.



                      V.      Neither the CM or any senior BJP leader
made any appeal for peace on the eve of the Bandh on 28.02.2002.



                  VI.      Parading of dead bodies of Godhra fire
victims in Ahmedabad city was done in violation of all regulations in
this connection. Please enquire in to how the dead bodies were handed
over to unauthorised persons viz. VHP leaders and not the legally
entitled kin of the diseased. SIT should procure all documentary
evidence about the whole process viz. Which officer had released the
dead bodies to the VHP. Please procure and confiscate the relevant
records immediately. Who were the persons who received the bodies, why
unidentified dead bodies were also handed over to such unauthorised
persons. The concerned officers be asked to produce the details of
Government order, if any, in this connection. In case relevant
officers take the cover of non availability of records, they should be
prosecuted for deliberate destruction of evidence.



p)    Mr.P.C.Pande the then Commissioner of Police, Ahmedabad should
be examined on the following fatal acts of negligence facilitating the
blood bath in Ahmedabad city.



                              I.      Non initiation of preventive
measures as per numerous instructions including those in Gujarat
Police Manual etc. from 27.02.2002 onwards when anti minority riots
started.



                          II.      Why imposition of curfew on
28.02.2002 was delayed up to 1300 Hours?



                       III.      Why no redeployment of the SRP and
additional police force was not done on 28.02.2002? The SRP continued
to be at the same places as they were before.



                        IV.      Please examine as to what follow up
action he had taken on the state IB reports as cited in the affidavits
filed by the  then Addl. DGP Intelligence.



                            V.      What further action did he take on
his letters to the DGP, and the Secretary Home, about the role of VHP
in fomenting trouble and extortion of protection money from
miscreants.



q)    Examine the officers of the state intelligence branch Ahmedabad
City and other major riot affected areas as to whether they reported
the anti minority stance of the police at the ground level during and
after the riots resulting in non registration of FIRs by the riot
victims. Misinformation of the intensity of crimes, clubbing of
numerous offences as just one single incident.



r)      Not arresting Hindu accused promptly, and not taking them on
remand for collecting additional evidence, and recovery of looted or
stolen property.



s)    Prejudicial stand of Special Public Prosecutors some of who were
office bearers of the Sangh Parivar.



t)     Examine the officers in charge of the riot affected areas
regarding the instructions given by them in response to distress calls
from the riot victims, monitoring of the implementation of these
instructions, any disciplinary action taken against anybody for non
compliance etc.  Examination of relevant documents in the CP or SP
offices, Offices of Range DIGs/IGs and SDPOs, and police station
officers absolutely imperative.



u)    Electronic and print media had brought out graphically the
pictures of parading of dead bodies, ghastly scenes of riots etc.
These be procured and analysed, and further probes be done like
arresting those found indulging in violence.



v)    Many Sangh Parivar leaders and accused in anti minority carnage
had boasted about their active involvement in the riots to Shri Ashish
Khaitan, the Tehelka correspondent in the video.  Make further
inquiries about the information brought out in operation ‘kalank’.
These revelations are extra judicial confessions. The forensic test of
all these persons is also necessary.



w)  Please examine state home department officials and DGP, Shri
K.Chakravarty about follow up action initiated by them on the state IB
reports regarding prejudices of the state police against the riot
victims. Please examine Home Secretary Shri Ashok Narain, as to what
action he had taken on the demand by the National Minority Commission
about highly inciting and incendiary speech of the CM in  2002.



x)    Please examine the Secretary, Law Department for appointing
supporters and office bearers of the Sangh Parivar as Special Public
Prosecutors to present cases against the accused belonging to Hindu
community.

y)    Please examine the District Magistrates of relevant districts as
to why they recommended supporters and office bearers of the Sandh
Parivar for appointment as Police Public prosecutors to the state law
department.

z)    Please examine the Chief Minister Shri Narendra Modi, about the
details of instructions given by him to the Chief Secretary, Home
department officials and the DGP during the riots and subsequently.
Did he notice any acts of omission or commission by such officers, if
so what action he had initiated to correct the system and discipline
those who derelicted their duties. Did the CM initiate any curative
measures to redress the grievance of the victims before the
intervention by the NHRC, the Apex Court, and the national level
bodies. If no such action was taken, then this must be deemed as part
of a conspiracy to perpetuate violence on the Muslim minority and
subversion of criminal justice system. Please examine Mr.Modi on the
action taken by him about malicious role of one of his cabinet
ministers, Mr.Bharat Barot in inciting anti minority violence as
reported by the CP, Ahmedabad.

It is quite likely that the Government functionaries who collaborated
with the CM and the Sangh Parivar in executing anti minority violence
will refuse to provide relevant evidence to the SIT. Therefore the SIT
will have to depend on the documentary evidence in Government and
police records heavily. Once clear picture about planning and
execution of conspiracy emerges, the relevant culprits should be
confronted and their forensic test be carried out.

I strongly feel that a few officers known for their competence,
professionalism and integrity need to be inducted in to the SIT from
the Gujarat Police. The supervisory officers in the SIT at present are
handicapped by their lack of knowledge Gujarati language. To overcome
this problem I would strongly recommend the induction of the following
officers in to the SIT.

1. Mr.Satish Verma, IPS 1986

2. Mr.Rahul Sharma, IPS 1992

3. Mr.Rajnish Rai, IPS 1992

4. Dr.(Mrs) Neerja Gotru Rao, IPS 1993 and

5. Mr.Hasmukh N. Patel, IPS 1993

For probing points contained in the complaint filed by Mrs Jafri.

Any failure by the Indian Judicial system to bring under the clutches
of law, the real planners and executioners of anti-minority genocide
in 2002 would further energise anti Indian forces internationally and
particularly those jihadi groups who have been denigrating the Indian
State authorities for their failure to protect the minority community.
 The Islamic terrorists who had claimed responsibility for explosions
and terror acts throughout India since 2002 have declared their
dastardly acts as revenge and retribution for Gujarat genocide. These
groups will fully capitalise on any situation which will provide
immunity from prosecution to the CM, Shri Narendra Modi and his aides
and attract frustrated riot victims to their camps to the detriment of
our national interest.

Praying for expeditious actions on the above suggestions/requests.

Yours sincerely,

Jaspal Singh  IPS (Retd)

4, Green Park, Akota, Vadodara 390020

Telephone: 0265 2332555

Email: jaspalofbaroda at yahoo.com