humanity

276 Pages·2017·1.11 MB·English

CRIME
AGAINST
HUMANITY
VOLUME III
An inquiry into the carnage in Gujarat
List of Annexures
CONCERNED CITIZENS TRIBUNAL - GUJARAT 2002
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Recommended contribution: Rs. 200
(Towards expenses incurred on the Tribunal’s work)
Published by Anil Dharkar
for Citizens for Justice and Peace
P.O. Box 28253, Juhu Post Office,
Mumbai 400 049. India.
E-mail : [email protected]
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CONTENTS
Foreword 5
Introduction 9
Annexures
Form Circulated by Different Groups to Collect Data on Victims/Survivors 13
Relief Camp Statistics 17
Status of Refugees Survey 22
Affidavits filed by Camp Managers in Gujarat HC 30
NHRC Recommendations 34
Recommendations from the Editors’ Guild Report 44
Official Document, Management of Violence- Godhra Collector 47
History of Communal Violence -- Godhra 51
Statements Condemning Godhra 53
Reservation Chart of S-6 of the Sabarmati Express, Coach S-6 55
Report of Forensic Science Laboratory, Ahmedabad 57
Note by Vadodara Police 59
List of Dead --- Gulberg Society, Chamanpura, Ahmedabad 62
List of Dead--Naroda Gaon and Patiya, Ahmedabad 63
List of the Dead-- Kheda District 66
Statistics -- BEST Bakery Incident, Vadodara 67
Summaries of Deaths -- Dahod & Panchmahal 69
List of Dead -- Dahod District 70
Detailed List of Mosques and Shrines Destroyed/Desecrated 100
Economic Losses -- Panchmahal District 107
Economic Losses -- Banaskantha District 112
Economic Losses -- Dahod District 116
Economic Losses -- Varodara 117
Damages to Sulemani Jama’at 122
Statistics of Losses -- Anand District 123
List of Dead / Missing Panchmahal and other Districts 128
Summary of Deaths -- Dahod & Panchmahal Districts 150
Damages to Alavi Bohra Jamaat 167
Damages of Dawodi Bohra Jamaat 171
Tables of Economic Losses -- Sabarkantha district 173
Economic Losses -- Other Districts 180
Economic Losses -- Mehsana District 191
Gujarat Government Form, March 2002 193
Media and Stereotyping 195
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Media Channels 197
Media Reports 199
RSS prepares the ground in Rajasthan, press clipping 211
Alerts by Citizens for Justice and Peace 212
Details of Relief Camps 216
Memorandum by Memoon Ajwa residents 230
Memorandum by Residents of Panchmahal District 234
Memorandum to the Prime Minister by the Kadi Muslim Samaj, Mehsana 235
Memorandum to the Gujarat Governor --CPI(M)/AIDWA 239
Memorandum by Janata Dal (Secular) 240
Citizens’ Memorandum to Election Commission 246
Memorandum to the Election Commission 248
Second Memorandum to the Election Commission 255
Indictment of the Indian Police in Communal Violence 257
Involvement of Organisations in Communal Violence 262
How to Mend and Break the Law -Document 266
RSS-VHP Close Connections 272
Background of the RSS 273
Background of the Bajrang Dal 274
Training Camps -- Bajrang Dal 276
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FOREWORD
What a shock and shame that Indiaís fair secular name should suffer dastardly disgrace
through the recent government-abetted Gujarat communal rage, compounded by grisly
genocidal carnage and savage arsonous pillage, victimising people of Muslim vintageó
and ëunkindest cut of allíó allegedly executed with the monstrous abetment of chief
minister Modi, his colleagues and party goons. The gravamen of this pogrom-like opera-
tion was that the administration reversed its constitutional role and, by omission and
commission, engineered the loot, ravishment and murder which was methodically perpe-
trated through planned process by chauvinist VHP elements, goaded by terrorist appetite.
What ensued was a ghastly sight the like of which, since bleeding partition days, no Indian
eye had seen, no Indian heart had conceived and of which no Indian tongue could ad-
equately tell. Hindutva barbarians came out on the streets in different parts of Gujarat
and, in all flaming fury, targeted innocent and helpless Muslims who had nothing to do
with the antecedent Godhra event. They were brutalised by miscreants uninhibited by
the police; their women were unblushingly molested; and Muslim men, women and chil-
dren, in a travesty of justice, were burnt alive. The chief minister, oath-bound to defend
law and order, vicariously connived at the inhuman violence and some of his ministers
even commanded the macabre acts of horror.
There was none to question the malevolent managers of communal massacre. The
criminal outrage, there was none in uniform to resist, not even to record information of
the felonies. Nor was there any impartial official to render succour or assure civilised
peace. When government failed and the local media distorted the truth, the fascist trend
flourished and the barbaric, fanatic, rapist human animals remained unchecked.
Awakened by this sinister scenario, people of conscience, all over the country, felt the
gory, catastrophe merited investigation. Thus was set up a committee of enquiry formally
headed by me, but actively and functionally managed by a great young ladyóTeesta
Setalvad. She organised the services of eminent judges whose retirement would not in-
hibit them from throwing all their energy to the enquiry processóa signal public service.
A great team, valiant paradigm, joined them. They collected evidence of the gruesome
events, lethal incidents, vicious environs and the complicity of people in authority who
were vicariously guilty of the indescribable offenses. Those who sat on the committeeó
they were superannuated judges, a militant marvel of an advocate and four other noble
public figuresómade great sacrifice and rendered free service. They were experienced as
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judges and seasoned social activists, and knew what a judicial enquiry called foróan
objective, yet sensitive examination of the overall holocaust. They pooled testimonies
sought from official and non-official sources, and pooled all probative material. People
came and gave evidence, some officials showed up to unfold what they knew had hap-
pened. The Tribunal toured, restlessly strove to get at the traumatic truth and were guided
by the necessity of hearing both parties. Grievances poured in. Tears and fears were
placed before the Tribunal. I was there only for a day and, therefore, cannot claim to have
participated substantially in the enquiry. But my colleagues have done an anguished job,
looking into tons of material, sifting and sorting and producing a brave, massive report. I
commend their task to the Indian People. I cannot but condemn the culpable delinquency
of those in power in Gandhinagar nor, indeed, is it possible to absolve the Central rulers in
Delhi who failed to act and, perhaps, connived by omission, the harrying operation in
Gandhi Country; I mean Gujarat, where the greatest man of our time was born, with the
noblest example of secular symphony of religions. Yet, action has to be taken against
heinous culprits since justice shall be done under the Indian Constitution. Be you ever so
high, the law is above you.
My message and my mission is the presentation of an exhaustive report, which does
credit to those (other than me) who prepared, sedulously and feelingly, findings which
they were commissioned to do by their conscience and the nation.
There are tragic, traumatic conclusions and creative, corrective recommendations. There
are measures, punitive and rehabilitative, for victimological constitutional action. My
task is to place the report before the people. Know ye the Truth and the Truth shall make
you Freeóprovided We, the people of India, act promptly and fearlessly.
The melody of communal unity, the beauty of religious amity and the secularity of
Indian humanityóthese glorious values are the mission and message to the nation. Let us
struggle to sustain this supreme value, lest we, as a people, perish by divisive ideology.
The Gujarat episode is an evil event and disastrous portent. Let us battle for the success
of our pluralist culture, secular heritage and social-justice-illumined democracy. India
must win! The integrity of our fraternity shall never surrender to berserk, blood-thirsty
political bestiality.
October 24, 2002 Justice VR Krishna Iyer
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Concerned Citizens Tribunal - Gujarat 2002
An Inquiry into the Carnage in Gujarat
Report of the Tribunal
Justice VR Krishna Iyer Justice PB Sawant
Retd Judge, Supreme Court Retd Judge, Supreme Court
Justice Hosbet Suresh Adv KG Kannabiran
Retd Judge, Mumbai High Court President, PUCL
Ms. Aruna Roy Dr. KS Subramanian
Mazdoor Kisan Shakti Sanghatan Retd IPS, Former DGP, Tripura
Prof. Ghanshyam Shah Prof. Tanika Sarkar
Professor of Social Sciences in Professor of History, JNU
Community Health, JNU
Dated this 21st day of November 2002
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Introduction
The Concerned Citizens Tribunal ñ Gujarat 2002, was conceived as a response to the
carnage that rocked the state of Gujarat following the Godhra tragedy on February 27,
2002. The eight-member Tribunal was constituted in consultation with a large number of
groups from within Gujarat and the rest of the country. A copy of its terms of reference
and a list of the groups urging that such a Peopleís Inquiry be launched is annexed hereto
and marked as Annexure 1.
The Tribunal collected 2,094 oral and written testimonies, both individual and collective,
from victim-survivors and also independent human rights groups, womenís groups, NGOs
and academics. The documentation work done by relief camp managers and community
leaders, from lists of persons killed or ëmissingí, to the meticulous tabulation of economic
loss and religious desecration, is unprecedented and immense. The Tribunal has benefited
greatly from these and they are being published in a separate volume of annexures to our
report. In addition, over one dozen detailed fact-finding reports and inquiries were placed
before the Tribunal and we have benefited greatly from a close scrutiny of these. We have
also collected photographs, copies of FIRs, audio- and video-tapes, as evidence. The sheer
volume of the evidence on record took an enormous amount of time and human resources
to sift through and evaluate. Yet, as in all human endeavours, there may be deficiencies in
the report. For these, we plead extenuation and understanding as unlike in case of official
inquiries, it has been voluntary commitment from a whole team that has enabled the comple-
tion of this report.
The Tribunal pays tribute to the victim-survivors, individually and collectively, who
deposed before us at great risk to their person in the simple hope that one day justice will
be done and the guilty be punished. Even as the Tribunal sat in Ahmedabad, there were
threats and premises like the circuit house at Shahibaug were denied us due to the omni-
presence of prowling mobs. We acknowledge our great debt to the activists on the ground
who worked day and night to bring the victims and reliable eyewitnesses to us.
After recording evidence, visiting sites, placing on record statements and collecting
other relevant material, the Tribunal arrived at some prima facie conclusions. These were
forwarded along with our recommendations to both the central and state governments and
their views were awaited. However, the Tribunal regrets that neither the state government
nor the central government, or individual ministers to whom request letters were sent,
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responded. Though we are entitled to draw adverse conclusions from this lack of re-
sponse, because that they did not respond to the interim findings, we do not propose to do
so.
However, many senior government officials and police officers did agree to meet the
Tribunal, responded to our queries, shared insightful observations and presented some
valuable evidence to us. One minister also appeared and deposed before us. The Tribunal
had assured this witness (minister) and other officials that their anonymity would be pro-
tected. Hence, while their valuable evidence is reflected in the Findings of the report, they
have not been identified. Anonymity was urged especially because of the fear of reprisal
from political bosses if names became known.
The Tribunal has independently accessed volumes of material that helped us arrive at
our final Findings and Recommendations. The Interim findings and Recommendations are annexed
as Annexure 6, Volume 1.
In a democracy, the peopleís right to information should be paramount. Any govern-
ment wedded to this basic right should have eagerly cooperated in the effort of a citizenís
tribunal to inquire and let the people know what happened in Gujarat, who engineered the
carnage, and who the guilty are.
The Tribunal undertook this huge task as part of the exercise of this fundamental hu-
man freedom. The health of any society lies not in denials and half-truths when grave
injustices have occurred, but in courageously admitting to them, righting those wrongs
with justice and then reconciliation. That both the government of Gujarat and the govern-
ment of India did not participate in the inquiry reveals their utter disregard for the peopleís
basic democratic right to know.
Having completed its task, it is with humility that the Tribunal presents this report to
the country and the world. Even as we complete our task, we know and recognise that our
countryís record in the matter of punishment of the guilty in cases of mass crimes, against
the minorities, against Dalits, and against the poor has been pathetic. Yet, with hope that
is eternal to the human condition, we do present this report in the belief that, this time,
knowing the truth will help us chalk a future that is radically different.
The sorry state of the rule of law in the country is closely connected to the functioning
and accountability of our courts, and the criminal justice system is crying out for radical
reform. We hope that with justice to the victim-survivors, these reforms will become a
matter of urgent political debate.
The Tribunal would like to express its gratitude to justice GG Loney (retd) who partici-
pated in some sittings of the Tribunal. The panel also benefited from the insights provided
by justice PD Desai (former CJ Mumbai, Kolkata and Himachal Pradesh High Court) who
met us in Ahmedabad, and over lengthy discussions, enhanced our understanding and
grasp of the situation.
The setting up and the functioning of the Tribunal was made possible due to the Citi-
zens for Justice and Peace, an association of committed citizens from all walks of life,
from Mumbai and Ahmedabad, who came together to garner support for the fight for
justice, post-carnage. The Tribunal acknowledges its huge debt to this group that felt duty
and conscience bound to support and make possible such a Citizenís Inquiry.
The committed team from Sabrang Communications and Publishing, Mumbai, ably
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