[Reader-list] Former Gujarat Minister Writes To SIT To Probe Modi's Role Into Gujarat Pogrom By Jaspal Singh

[Venugopalan K M]

http://www.countercurrents.org/jaspalsingh080909.htm


Former Gujarat Minister Writes To SIT
To Probe Modi's Role Into Gujarat Pogrom

By Jaspal Singh

8 September, 2009
TwoCircles.net

New Delhi: 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,” writes
ex-IPS and former Cabinet Minister of Gujarat Jaspal Singh to the
Supreme Court-appointed SIT that is looking into the role of Chief
Minister Narendra Modi and his ministerial colleagues and police
officers in the Gujarat 2002 riots.

Jaspal Singh, who has been Commissioner of Police and then Mayor of
Vadodara, wrote the letter on September 7, 2009 to Dr. R.K. Raghavan,
Chairman, Special Investigation Team (SIT).

Singh in the letter has urged the SIT to investigate in details the
communalization of Gujarat and examine the participants (officials as
well as ministers) of the crucial meeting chaired by the Chief
Minister Narendra Modi on the day Godhra carnage occurred. In the
letter Singh named some officers who attended the meeting, and urged
the SIT to examine them. They include: Smt.Swarnakanta Varma, IAS, the
then Acting Chief Secretary, Mr. Ashok Narayan, IAS, the then Home
Secretary, Dr. P.K. Mishra, IAS, the then Principal Secretary to the
CM, Mr. Anil Mukim, IAS & Mr.A.K.Sharma, IAS, Secretaries to CM and
Mr.P.C. Pande, IPS, then Commissioner of Police, Ahmedabad.

Full text of Singh’s letter to SIT:

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




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