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Interim Report PROSECUTE MODI Interim report The interim report by amicus curiae Raju Ramachandran placed before the Supreme Court, January 20, 2011 Gujarat 2002; An ongoing rampage home, government of Gujarat. The subsequent investigation has been conducted by another officer, namely Shri Himanshu Shukla, DCP, and supervised by Shri YC Modi, IGP, and member, SIT. A further report has been given to this hon’ble court on 26.11.2010, recommending depart- mental action against the police of- ficials. 5. I had two meetings with Shri AK Malhotra and Shri YC Modi, in December 2010 and January 2011. I have had one meeting with Ms Teesta Setalvad and Ms Aparna Bhat. They have submitted a number of docu- ments which have also been exam- ined by me to the extent possible. Shri RB Sreekumar, former DGP, Gujarat, has also submitted some documents which have been consid- ered. 6. The major allegation in the complaint made by the complain- ant relates to the alleged involve- ment of Shri Narendra Modi, the Note by the amicus curiae chief minister of the state of Gujarat, in the communal riots which took place in the city of Ahmedabad (and elsewhere) 1. This hon’ble court vide order dated 27.04.2009 di- immediately after the Godhra incident. This is the first head rected the SIT to “examine” the complaint submitted by under which some of the allegations can be classified. The the petitioner on 08.06.2006. The SIT was to “look into the second head of allegations relate to the alleged role of the matter” and give its report to this hon’ble court. police officials at the time of the riots, the faulty investi- 2. Pursuant to the aforesaid direction, Shri AK Malhotra, gation of the riot cases and the faulty prosecution of the former DIG, CBI, and a member of the SIT, has examined accused. There are a number of other allegations which have more than 160 witnesses and gone through a number of been classified by me as falling in the third category. documents as made available to him, He has given his find- 7. Though the SIT has concluded that there is no mate- ings qua the 32 allegations made by the complainant. The rial to indicate that Shri Narendra Modi, the chief minister, chairman, SIT, has concurred with the findings of Shri had issued any instructions to the officers on 27.02.2002 Malhotra. to permit the Hindus to give vent to the anger of the ma- 3. The inquiry conducted by Shri AK Malhotra was in the jority community, there are a number of circumstances which nature of a preliminary inquiry in which he has recorded prima facie indicate that the matter requires a detailed in- statements of witnesses (which are signed by the witnesses) vestigation to examine the role of Shri Modi immediately and also collected a number of documents. after the Godhra incident to find out if there is any culpa- 4. In his report dated 12.05.2010, Shri AK Malhotra has bility to the extent that a message was conveyed that the inter alia recommended further investigation under Section state machinery would not step in to prevent the commu- 173(8), CrPC, against (1) Shri MK Tandon, the then joint nal riots. Some of the circumstances which justify a more commissioner of police, Ahmedabad city; (2) Shri PB Gondia, detailed investigation into this aspect have been separately the then deputy commissioner of police, Ahmedabad; and enumerated in Chart A enclosed herewith (pertaining to the (3) Shri Gordhan Zadaphiya, the then minister of state for first head). COMMUNALISM COMBAT 18 APRIL – MAY 2012 AMICUS: INTERIM REPORT 8. It would be appropriate if this aspect of the matter is place to prevent the riots. The movement of Shri Modi and examined by way of further investigation under Section the instructions given by him on 28.02.2002 would have 173(8), CrPC, in the pending Gulberg Society and/or Naroda been decisive to prove that he had taken all steps for the Patiya cases. The SIT may consider all evidence, including protection of the minorities but this evidence is not there. but not limited to the statement of Shri Sanjiv Bhatt, the Neither the chief minister nor his personal officials have then deputy commissioner (intelligence), and the records stated what he did on 28.02.2002. Neither the top police of the state government at the relevant time. Since a statu- nor bureaucrats have spoken about any decisive action by tory investigation would confer powers under the CrPC to the chief minister. the investigating officer, the investigation would be effec- It may not be correct to rule out the presence of Sanjiv tive. I am fully conscious that nearly nine years have passed Bhatt, IPS, DC (intelligence), since ADGP (intelligence) Shri since the incident but the inquiry report of the SIT in re- GC Raiger was not available. There is no reason for him to spect of the allegations throws up a number of unanswered make a wrong statement. He was willing to make a state- questions. It would also appear that Ms Setalvad wanted to ment if he was protected from legal repercussions of dis- give further evidence which could not be looked into by closing what transpired in the meeting. the SIT, as the report was under preparation. These could It is difficult to believe that when the chief minister also be looked into by the SIT. came back after the Godhra trip, no minister was present at 9. In so far as the role of certain police officials and his residence. Hence it may not be totally unbelievable that public prosecutors is concerned, the SIT has found the con- Shri Haren Pandya was present. Shri Haren Pandya is unfor- duct of certain police officers and public prosecutors to be tunately dead but the statements made by late Shri Haren deficient. The recommendations of the SIT and my sugges- Pandya to Justice PB Sawant (retd) and Justice H. Suresh tions are contained in Chart B appended to this note (per- (retd) can be used even if his statement has not been for- taining to the second head). mally reproduced in writing by the Citizen’s Tribunal. 10. The other allegations which are It has also been brought out found to be proved (or not proved) by that an inquiry was made from the the SIT, and my suggestions to this It would be impossible to chief minister’s office as to the hon’ble court in relation to those find- get anyone present in the identity of the minister who had ings, are enclosed in Chart C appended meeting on February 27, deposed before the Citizen’s Tribu- to this note (pertaining to the third 2002 to speak against Modi, nal and that the State Intelligence head). Bureau had verified the identity as especially the bureaucracy that of Shri Haren Pandya. This also Chart A: Observations on and police officials… gives some corroboration to the findings of the SIT Neither the top police nor fact that the chief minister’s office bureaucrats have spoken was uncomfortable with the disclo- Allegations (Complainants) about any decisive action by sure made by an unidentified min- I. & IV. A statement was made by ister to the Citizen’s Tribunal. Shri Narendra Modi on 27.02.2002 in the chief minister The statement of Shri RB a meeting in his residence instructing Sreekumar cannot be discarded as senior officers to allow the Hindus to give vent to their hearsay, in the light of Section 6 of the Evidence Act. anger. This is also supported by late Shri Haren Pandya. Another aspect is the fact that Vishwa Hindu Parishad Findings (SIT) (VHP) general secretary, Jaideep Patel, and Shri Modi were 1. None of the officers that attended the meeting on at Godhra on 27.02.2002. The statement of Jaideep Patel 27.02.2002 have confirmed the alleged statement made by that he did not meet Shri Narendra Modi at Godhra does not Shri Narendra Modi (p. 19); 2. The statement of Shri RB inspire confidence. This has to be examined, as the mamlatdar Sreekumar is hearsay (p. 19); 3. Sanjiv Bhatt, DC (intelli- [executive magistrate] would not have handed over the dead gence), was not present at the meeting (p. 19); 4. None of bodies to a non-government person i.e. Jaideep Patel until the cabinet ministers, including Shri Haren Pandya, attended and unless somebody very high told him to do so. the meeting on 27.02.2002. Testimony of Shri Haren Pandya before the Citizen’s Tribunal is unreliable (p. 19). Allegations Observations (Amicus Curiae) V. That cabinet ministers Shri IK Jadeja and Shri Ashok It would be impossible to get anyone present in the Bhatt were positioned in the DGP’s office and Ahmedabad meeting on 27.02.2002 to speak against Shri Modi, espe- city control room on 28.02.2002. cially the bureaucracy and police officials. Findings The other circumstances would also have to be taken The SIT concludes that this was a “controversial deci- into account. There is nothing to show that the chief min- sion” taken by the government to place two ministers in ister intervened on 28.02.2002 when the riots were taking the DGP’s office and Ahmedabad city control room. How- COMMUNALISM COMBAT 19 APRIL – MAY 2012 PROSECUTE MODI ever, the SIT concludes that there is no evidence that the Observations two ministers passed on any instructions to the police to This is one of the circumstances which indicate that deal with riots in a particular manner.
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