IN THE COURT OF THE 11th METROPOLITAN MAGISTRATE, AHMEDABAD MRS. ZAKIA AHSAN JAFRI V/S MR. NARENDRA MODI & OTHERS PROTEST PETITION ON THE COMPLAINT DATED 8.6.2006 & AGAINST THE FINAL REPORT OF THE SPECIAL INVESTIGATION TEAM DATED 8.2.2012 (PART II) MAIN INDEX TO PROTEST PETITION Sr.No. Subject Page Nos Opening Page of the Protest Petition Filed on 15.4.2013 1. Main Petition:- PART I 2. Main Petition:- PART II Main Petition Continues PLUS Compilation of Supreme Court Orders in SLP1088/2008 & SLP 8989/2013 Graphic Depicting Distances from Sola Civil Hospital to the Sola Civil Police Station, Commissioner of Police, Ahmedabad’s Office, Airport, Two Crematoriums at Hatkeshwar near Ramol and Gota; Naroda & Gulberg Chart of PCR (Police Control Room Messages) Showing Aggressive Mobilisation at the Sola Civil Hospital Chart of SIB Messages recording the arrival of the Sabarmati Express from Godhra at the Ahmedabad Railway station at Kalupur on 27.2.2002 & Murderous Sloganeering by the VHP and Others Map showing Gujarat-wide Mobilisation through aggressive Funeral Processions on 27.2.2002, 28.2.2002 & 1.3.2992 onwards & attacks on Minorities Map showing Scale of Violence all over Gujarat in 2002 Map showing Details of Deaths, Missing Person, Destruction on Homes, Shrines in 2002 3. ANNEXURES -VOLUME I (Sr Nos 1- 51) 1 – 304 pages News reports related to Provocations, Sandesh Articles, SIB Statistics, Important Letters from SIB, Rahul Sharma, Statistics on Police Firing & Tables Extracted from the SIB Messages/PCR messages from the SIT Papers, VHP Pamphlets & Petitioners Letters to Investigating agency 1 – 162 pages 4. ANNEXURES -VOLUME II (Sr Nos 1–53 including CDs) Articles & Video Transcripts related to Hate Speeches made by A-1 Mr Modi and Other Accused & Conspirators 1 – 149 pages 5. ANNEXURES- VOLUME III Sr Nos 1 – Missing Call Records from SIT Investigation Papers ( Reference: Annexure IV, Files V and VII) Sr Nos 2 – Call Records of Sanjiv Bhatt, OP Mathur & GC Raigar i Sr Nos 3 – Call Records of A-1 Mr Modi Sr Nos 4 - How Top Cops Deserted Gulberg Sr Nos 5 – Location of Powerful Persons & Accused at Meghnaninagar & Narol, Naroda on 27.2.2002/28.2.2002 Sr Nos 6 – Location Graphs of Accused & Others in Different Time Slabs on 27.2.2002 6. ANNEXURES – VOLUME IV Tables of Accused & Powerful Persons (Who Spoke to Whom) Individual Cal Records of Accused & Powerful Persons for 27.2.2002 ii 730. All the above-mentioned witnesses have deposed before the court wherein Accused No. 85 (Mr. Patel Prahladbhai Mohanbhai Gosa, MLA Visnagar) Accused No.84 (Mr. Patel Dahyabhai Tribhovandas, Municipal Councilor) were also sought to be arraigned. Evidence was led to show that they were inciting the mob saying: “Why are you setting fire only to one house set fire to the whole mohalla. We have already managed the Police Station.” 731. The SIT deliberately ignored looking at the collusion and conspiracy between high political functionaries masterminded by A-1 Mr. Modi as Home Minister, which unfolded in sickening violence at Mehsana where sections of the police, fire brigade and administration had been successfully neutralized. 732. The deposition of complainant PW.81, Exch.568, Mohammed Iqbal Ahmedkhan Baloch clearly states that at the time when he went to lodge his complaint, Accused No.84, and 85 were the present at the police station trying to influence functionaries. The evidence of Accused No.83 PI Mr. MK Patel was also recorded and he was subsequently convicted by the court. Evidence of the statewide criminal conspiracy is very evident in this case. The massacre site at Deepda Darwaza on 1.3.2002 is at a very close distance from the Police Station. Still, the police failed to provide protection to the victims and deliberately looked the other way because of instructions from the top, while the macabre dance of death was being perpetrated. 733. The evidence of PW-97, Exch.-613, Mr. Mohammed Hanif Dalubhai Sindhi is also relevant. He has stated that the accused MLA (Accused No.85) and the municipal corporator (Accused No.84) had pressurised the police in removing the offence of murder from the FIR registered subsequent to the violence. This is evidence of how the accused and police have conspired. 734. Witness PW-96, Exch.-610, Mr. Ibhrahimkhan Umarkhan Baloch has clearly stated before the court that to seek police protection he approached Visnagar police station but PI Mr. MK Patel (late accused No. 83) clearly declined to give him any protection. He was attacked while returning from the police station where he had gone asking for protection by a mob armed with dangerous weapons. He was severely injured. When he opened his eyes, he was in hospital. 321 735. SIT deliberately refused to investigate these ground level manifestations of the Conspiracy set in motion at Gandhinagar post-Godhra. 736. Anand district was also among the worst affected post-Godhra. On 1.3.2002, three separate incidents at Odh village claimed a total of 27 lives. The Conspiracy unfurled at the very top echelons of the administration included not only allowing a free hand to rabid rabble-rousers of the VHP on 27.2.2002, breaching of Curfew and using the Bandh to allow bloodthirsty mobs to spill over and attack a terrorised minority, but systematically attempt the subversion of the criminal justice system by delaying registration of the crimes, diluting their magnitude and dropping the names of powerful accused. The very same pattern was manifest in Odh. SIT simply failed to look at this as an instance of the high level conspiracy in operation. 737. Mr. KR Bhuva and Mr. RG Patel delayed lodging of the FIR. Even when the Pan Parlour belonging to a Muslim was burnt (CR 27/02), the police deliberately did not deploy the force at the place of incident, nor arrest the accused who were part of the large mob. The same pattern followed for the offences at another location that took place (CR 23/02). To cover up their negligence, the police have recorded that the parlour was not burnt but caught fire as a result of a short circuit. 738. On 1.3.02, a large mob was allowed the free reign of the streets in violation of prohibitory orders (there on paper). This mob was allowed to assemble at Peerawali Bhagol near Jhapliwala building and with complete abdication of their statutory duty, policemen on the spot and higher ups in Anand and Gandhinagar conspired to let the mob set on fire the house of Muslims, and even burn to death 23 persons, including women and children. Police did not deploy any force in the Muslim locality to enable the incident. After this incident, all Muslims of Ode fled the village and took shelter nearby. The police, guilty of late registration of the offence created the climate for further subversion and the destruction of critical evidence. The SIT simply did not probe this though it was part of the complaint dated 8.6.2006. Police reached the spot only on the second day, performed the panchnama on the third/fourth day after the incident; it did not arrest a single person on the day of the incident. This deliberate inaction when crimes were being 322 committed was a result of the instructions that had been given from Gandhinagar and were operational on the ground. The free hand given to the perpetrators was carefully designed and executed. The subversion of the criminal justice system in this case also took the following form: -- Police deliberately did not collect any of the remains of the persons who had died so that proper forensic examinations, including DNA sampling, could take place; no photographers were called to take photographs of the crime. 739. The second incident occurred at Malavvali Bhagol on 1.3.02. Again, as part of the high level conspiracy the police did not deploy the force at the place of the crime, did not even contact or help injured persons. The FIR was lodges 5 days after the incident. Why? 740. The police had deliberately not called the Fire Brigade, did not arrest a single person or recover any muddamal. I.O. Mr. Buva and the special public prosecutor together ensured anticipatory bail for the accused. The Home Department under A-1 Mr. Modi and A-5 Mr. Zadaphiya did not initiate any action against the officers for this criminal negligence. Violence Continues even after 28.2.2002 741. Just like in Ahmedabad, violence is allowed to continue as part of the conspiracy post-Godhra even in the Gandhinagar region close to the capital. At page 185 of Annexure III File XIX (D-163), the ACP (Int) from the Gandhinagar region informs DGP (Int) Gujarat State, Gandhinagar that is not far from the capital, that in Por village on from 27.2.2002 until 2.3.2002, attacks by Hindus on Muslim homes continued and that a mosque was still burning. The message is obviously sent by the ACP while the fire is still on. This attack on the Muslim area of Por village, according to the message, takes place after the Muslim population has fled to some other place. The remark section of this message clearly states that the homes were torched on 28.2.2002 but the fire was still on when the message was received/sent on 1.3.2002. The intensity of the fire can be gauged by these remarks. The remark further says that no efforts have been made by the local police or any of the local authorities which included the district magistrate of Gandhinagar, to douse the fire.