Nearly
nineteen months after
the genocidal violence
that rocked the western
Indian state of Gujarat,
searing questions that
the tragedies have raised
related to justice and
rehabilitation, remain
completely unanswered.
Specifically, issues of
state accountability after
mass violence, independent
policing and adequate
reparation remain to be
addressed by the judiciary.
Post-Independence India
has had its shocking
share of mass violence,
driven not just by community
but equally by caste
during which the archaic
Code of Criminal Procedure,
penned by colonial masters,
has proved itself unequal
to the task. Often official
or other commissions
of inquiry have examined
these lapses and made
recommendations. One
common feature of these
has been is that the
political class, whatever
its ideological hue,
has simply not bothered
to publicly debate or
implement these recommendations.
The Indian judiciary,
at all levels, has restrained
itself to minimal intervention
in the matters of social
justice and violence.
What happened after
the pogrom in Gujarat
2002? Nothing different
from the past. Senior
jurists and others sat
in a Concerned Citizen’s
Tribunal and recommended
the establishment of
a Statutory National
Crimes Tribunal that
must evolve its own
jurisprudence, drawn
from the International
Law on genocide1
and, further urged quick
reforms in the Indian
Police Force. Drastic
reforms in the Indian
police system, including
guaranteeing its independence
and ensuring representation
and diversity, had been
recommended as far back
as 1981 by the official
National Police Commission.2
The work of the Concerned
Citizens Tribunal that
lasted several months,
with no assistance from
any official quarter,
is available in a two-volume
report published from
Mumbai.3
Today, judicial matters
related to the pogrom
in Gujarat have been
brought at the centre-stage
of judicial scrutiny
through two pivotal
cases, currently being
heard by the Supreme
Court. The fact that
this has happened at
all is due, in large
measure, to the initiatives
taken by the statutory
National Human Rights
Commission (NHRC), backed
by Citizens for Justice
and Peace that has mandated
itself the responsibility
to continue the struggle
for justice and reparation
for the survivors of
tragedy, .since the
justice process in the
state was systematically
de-railed.
4
Efforts are alive through
these judicial interventions
to move the criminal
trials of the worst
carnages outside the
state of Gujarat.5
This argument for turning
over both the investigation
and conduct of the criminal
inquiries to an area
outside the jurisdiction
of Gujarat is because
the Chief Minister of
Gujarat, Narendra Modi,
and the state administration
under him, has been
made respondent since
the carnage last year,
both by the NHRC (April
2003) as well as by
public interest litigations
filed in the Supreme
Court in April 2003.6
If these had been heard
judiciously and promptly
by the apex court, when
it had been first approached
last year, concerns
related to extremely
explosive and communalised
state of affairs in
the state of Gujarat
would have been rectified
and more promptly addressed.
Unfortunately, judicial
record in dealing with
such mass community-driven
carnages remains pathetic.
Sikh widow-survivors
of the 1984 pogrom against
their community in the
country’s capital
(that followed the assassination
of former Prime Minister
Indira Gandhi by her
Sikh bodyguard)7struggle
for justice which even
after nineteen years
remain fruitless. Similarly,
Muslim women-survivors
of 53 young men shot
dead in cold blood in
Meerut-Hashumpura in
western Uttar Pradesh
in 1989,8
are still waiting for
justice. The recent
conviction of Dara Singh
and associates for the
burning alive of Christian
pastor Grahamn Staines
and his two sons in
January 1999, is a rare
case of a sessions court
punishing those guilty
of communally driven
crimes, whereas most
criminals are still
at large Then how can
peace and reconciliation
be brought about?
What actually happened
in Gujarat? It is pertinent
to quote from the editorial
of Communalism Combat’s
special issue on the
Gujarat carnage, Genocide
Gujarat, 2002:
‘The torching
of bogey S-6 of the
Ahmedabad-bound Sabarmati
Express at Godhra on
February 27, 2002 in
which 58 passengers,
including 26 women and
12 children, were burnt
to death, is an unpardonable
act. The perpetrators
of this grossly inhuman
crime must be tried
swiftly and given the
most stringent punishment.
But, for the burned
corpses of the ill-fated
passengers to become
the justification for
armed squads of the
ruling Bharatiya Janata
Party (BJP) and its
‘brother’
organisations-Rashtiya
Swayamsevak Sangh (RSS),
Vishwa Hindu Parishad
(VHP), Bajrang Dal (BD)
– to launch a
pogrom that sits well
with what the UN defines
as genocide against
the innocent Muslims
of Gujarat.
‘Twenty-four
hours after the Godhra
tragedy, 58 bodies were
brought to the Sola
Civil Hospital for the
arthi, vengeful slogans
were raised. Thereafter,
from February 28 to
March 6, the raging
fires of hatred and
venom consumed 16 of
Gujarat’s 24 districts.
‘
(As of today there
are no pointers as to
who committed this crime,
while some indicators
do exist that it may
have been a tragic accident.
Moreover , the clever
manipulation of the
incident at Godhra by
the leadership of the
Hindu right wing at
different levels, including
no less a person than
the Indian Prime Minister,
Atal Behari Vajpayee
and Deputy Prime Minister,
L.K. Advani, as a stick
to beat India’s
largest religious minority
with, is disgusting.
Until 7 p.m. on the
fateful day of the mass
burning at Godhra that
led to a cycle of the
worst and most unspeakable
violence in 19 of Gujarat’s
24 districts through
72 hours of organised
sexual violence, killing,
loot and destruction,
official versions called
the incident an accident.
The PM’s speech
at 2 p.m. in the Indian
Parliament too echoed
this version. Mysteriously
after 7 p.m. that day,
Gujarat’s Chief
Minister Narendra Modi
termed it an act of
traitorous Muslims and
the ISI. Godhra’s
Ghanchi Muslims who’s
track record in social
harmony is not envious
and who had gathered
in a large number after
kar sevaks behaved in
an unruly and provocative
fashion at the station
at Godhra that morning,
joined the ranks of
the traitorous lot who
had dared attack the
far-from-peaceful pilgrims
returning from the political
project of building
a Ram Temple at Ayodhya.9)
‘Even during
the unspeakable horrors
that communities inflicted
on each other in 1946
and 1947, all organs
of the state had not
been directly involved
in stoking the fires.
Not so in Gujarat in
2002. The chief minister
of Gujarat, Narendra
Modi, called the targetted
attacks in 16 of Gujarat’s
24 districts, a ‘natural
reaction’. Prime
Minister Atal Behari
Vajpayee obserbed: ‘If
there was no Godhra,
there would have been
no Gujarat’, at
the meeting of the national
executive of his party
in Goa in mid-April.
Both the chief minister
and the prime minister
have exposed themselves
to the charge of complicity
in ‘crimes against
humanity. ‘
The BJP, the RSS, VHP
and BD combine in Gujarat
had laid their grounds
well. Both Modi, and
his predecessor, Keshubhai
Patel, had systematically
created, through inflammatory
hate propaganda and
school textbooks, an
atmosphere of communal
frenzy to facilitate
such a pogrom. They
had their men in key
jobs to prevent any
hindrance to their plan.
They used threat and
intimidation to silence
those who could speak.
They trained their cadres
in the ‘art of
killing’.
Dead bodies were either
burnt or so badly mutilated
that they could not
be recognised. Eyewitnesses
and victims, survivors
and observers, put the
crowds who terrorised
them at not less than
2,000 and even in far-flung
villages they were close
to 10-15,000-strong
mobs who were armed
with deadly agricultural
implements and guns.
A few in the crowd even
carried mobile phones..
Rape was used as an
instrument for the subjugation
and humiliation of the
Muslim community. A
chilling and hitherto
absent technique was
the deliberate destruction
of evidence -- barring
a few cases, women who
were gang-raped were,
thereafter, hacked and
burned. ‘
Many ministers in the
Gujarat cabinet are
members of the RSS,
VHP and BD. It is, therefore,
not surprising that
survivors have named
many key leaders of
these outfits, even
cabinet ministers, as
mob leaders. Chief Minister
Modi and his mobs have
brazenly flaunted the
CrPC, the Arms Act and
the Indian Constitution.
If they are allowed
to go scot-free, the
very future of Indian
democracy will be in
peril.
Violence still continues
in Gujarat. The police
shot dead two persons
on April 16; another
met a similar fate on
April 18. Twelve and
13-year-old girls were
terrorised by mobs as
they appeared for their
eighth and ninth standard
examinations. Gujarat
has thrown an unprecedented
challenge for all individuals
and groups working for
the restitution of sanity,
humane principles, representative
democracy and the rule
of law in this country.
Do we have it in us
to challenge the fascist
onslaught on the Indian
Constitution?’
It was the incident
of the mass burning
of 58 passengers on
board the Sabarmati
Express returning from
the temple town of Ayodhya
that was used to justify
the mass crimes committed
in the state-wide carnage
that took no less than
2, 500 lives and economically
and culturally crippled
the Muslim minority.
(Preliminary economic
loss to the community
was estimated at no
less than Rs 4,000 crores
and this does not include
irreparable damage to
homes and agricultural
land that have been
seized as Muslims have
fled villages where
they were a small minority).
The reason that the
well-tested term genocide
was used by us10
and later the CCT to
apply to what happened
in Gujarat was because
evidence shows that
they were crimes committed
against humanity in
Gujarat ---brutal sexual
violence was used against
at least 200-300 Muslim
women and no less that
270 mosques and shrines
were also desecrated
and then destroyed.
The calculated and state-sponsored
attempts to attack the
dignity of the minority
Muslim community was
evident. Article 2 c)
of the UN Convention
on Genocide clearly
reads: ‘Deliberately
inflicting on the group
conditions of life calculated
to bring about its physical
destruction in whole
or in part’. Therefore,
the fact that every
single Muslim was not
forced to flee for threat
of slaughter (sic) is
not an argument that
nullifies the definition
of the mass crimes as
genocide. Attempts were
made, both by the Gujarat
chief minister and also
his close supporters
among the existing BJP
leadership in New Delhi,
to scoff at the use
of this term.
The struggle to bring
culprits, involved in
the Gujarat genocide,
to justice has narrowed
down today. The system
we are battling with
forces us to pick and
choose even in our struggle
for justice. The impact
of what happened in
Gujarat has died in
public memory; worse,
our efforts are today
confined to get justice
for only the victim’s
survivors of the worst
incidents where over
a dozen persons were
butchered.
What of the innocent
victims, many minors
who were shot dead by
an unaccountable police?
What of the girls and
women who were killed
after brutal sexual
violence? What of some
of whom survived and
have been forced back
to live in the same
villages where the crimes
were committed?11
What of the 10,000
homes that were destroyed
so thoroughly that the
pathetic Rs. 5,000 to
Rs. 40,000 paid in compensation
to only few is barely
enough to pick up the
threads and start living
again? What about the
reparation for the businesses
destroyed and the agricultural
lands seized?
No less than 1,16,000
Muslims became internal
refugees, thrown out
of home and hearth and
living in relief camps
for over seven months
last year. During this
period, the state of
Gujarat refused to give
them food, water and
medicines, despite its
constitutional obligation
that it bears the cost
of this internal displacement.
Again, it took legal
interventions in the
Gujarat High Court -
two writ petitions supported
by CJP which included
flying down a senior
lawyer from Mumbai since
the atmosphere was so
communally charged in
the state that few wanted
to appear in defence
of the victimes from
the minority community
12.
As a result of this
legal intervention,
Rs. 10 crores had to
be paid from state government
coffers to the relief
camp organisers.
The violence in Gujarat
in 2002 was preceded
by the systematic distribution
of material for some
months, some anonymous,
that systematically
spewed hatred and venom
against the Muslim minority
in the state. Even during
the outbreaks of violence,
thousands of these pamphlets
could be found - some
advocated systematic
economic boycott of
Muslims and even printed
an address of the Vishwa
Hindu Parishad’s
office at the bottom,13
others that were even
more graphic and vicious
advocated mutilation
and rape.14
The systematic use
of inflammatory speech
and writing has been
a crucial part of the
politics of communalism
in India, especially
since the mid-1980s
when the movement of
the construction of
a Ram temple at Ayodhya
began in place of the
Babri mosque. This period
saw the sharp rise of
communal forces from
both within the Hindu
majority and the Muslim
minority. The opening
of the locks of the
Babri Masjid in 1986
was preceded by Parliament’s
enactment of a law that
excluded rightful maintenance
rights to Muslim women,
a demand made by the
patriarchal and communal
Muslim male leadership.
The cleverly constructed
movement to ‘construct’
a Ram temple at Ayodhya
was in fact (and remains
to date as again October
17, 2003 is a deadline
set by Hindu fanatic
groups to begin construction
of the temple with utter
disregard for the law)
always to destroy a
mosque and thereby teach
a much deserved lesson
to the Muslim minority.
Brute violence was an
integral part of this
movement led and inspired
by no less a person
than India’s deputy
prime minister, L.K.
Advani, when he began
his rath yatra from
Somnath, Gujarat, in
1990. His close aide
and organiser of the
procession was none
other than Narendra
Modi, Gujarat’s
present chief minister
and ‘the chief
architect of the state
sponsored genocide’.15
Many of these questions
come to mind even as
we contest for justice
in the Supreme Court.
This struggle took a
sharp turn in July this
year after a Vadodara-based
fast track court acquitted
all accused in the BEST
Bakery case on June
27, 2003. This incident
was related to the brutal
massacre of 14 Muslims
on the night of March
1, 2002 and could be
highlighted due to the
singular courage of
an eye-witness and survivor,
Zahira Shaikh, who testified
to official and other
forums on what she had
seen. When the case
came for hearing in
the court in May 2003,
facing threat and intimidation,
this key witness turned
hostile. Despite the
fact that 37 key witnesses
turned hostile under
duress, the public prosecutor
did nothing to either
find the reasons for
their reversal, nor
did the police intervene.
The prosecutor in fact
did not conduct himself
as representative of
a state that (by its
constitutional mandate)
desires to prosecute
those guilty of such
mass crimes but in fact
behaved as if he was
in league with the accused.
I had personally covered
the Gujarat carnage
and was working as secretary
to CJP in supporting
the struggle for justice.
Since May 2003 when
I read about Zahira
turning hostile I could
not believe that she
could have gone back
on what she had seen
and so courageously
testified to. I was
in touch with the family
and fortunate enough
to inspire faith in
her to overcome her
fear.
On July 7, 2003 at
a press conference in
Mumbai, she said: 'I
was threatened with
my life before and in
the Court'. Her courage
and strength to stand
up for what she believed
was right, her quest
for justice shook the
country as a whole.
Soon after, she testified
before the NHRC on July
11, 2003 following which
the legal battles started.
The NHRC had, since
May 2003 itself called
the sessions court judgement
acquitting the accused
‘a miscarriage
of justice’ and
even re-visited the
state.
Soon after the press
conference, I wrote
this piece for Mid-Day,
Mumbai:
'I first met Zahira
on March 9 last year,
then again on March
22 when she deposed
before Justice JS Verma
of the NHRC and then
on May 11, 2002 when
she voiced helplessness
before the Concerned
Citizens Tribunal. Her
voice trembling with
the emotions of that
fateful night when she
witnessed her own sister,
Sabira , burnt alive
and her maternal uncle,
Kausar Ali cut to pieces
before he was consigned
to the flames, but she
did not waver in the
details of what she
had seen. A total of
14 persons were hacked
and burnt that night
in an attack that lasted
12 hours. She wanted
justice. She went to
every forum in the city
of Vadodara and other
places in the country
to seek it, but finally
on May 17, 2003, during
her one hour long testimony
before the additional
sessions judge, she
retracted some of what
she had seen. The first
thought that crossed
my mind when I read
of her retraction was
her disappointment with
the process of justice
in a country that we
call the world’s
largest democracy.’
‘In the weeks
before her testimony,
her older brother had
been summoned and had
deposed before the court
that the whole family
was facing severe threats
and intimidation. The
state public prosecutor
in the BEST Bakery carnage,
did not meet or brief
her even once. The proceedings
of the trial court that
day, packed to the hilt
with the accused and
others of the mob who
had attacked this sole
Muslim enterprise in
the Hanuman Tekri area,
was hostile and intimidating.
Direct threats were
meted out to her even
within the precincts
of the courtroom and
nothing in the behaviour
of the judge or the
public prosecutor was
conducive for her to
repeat her testimony.
She denied knowledge
of the accused and three
days later went away
to her home village
in far away Uttar Pradesh.
Today, when she told
the country at a press
conference in Mumbai,
organised by the Citizens
for Justice and Peace,
that she wants to demand
a re-trial, and has
faith in any court outside
Gujarat, natural questions
about her fearless testimony
over seven months and
her inexplicable (to
some) retraction in
a court of law do get
raised. When, however,
a key witness to a carnage
that not only claimed
14 innocent lives but
show-cased the Vadodara
police and state administration
for partisan behaviour
and criminal negligence,
comes back before the
public to demand a re-trial
on grounds of intimidation,
where ought the real
questions lie? Can there
ever be justice without
rehabilitation? Can
there be reconciliation
without justice? Are
agents of the state,
be they public prosecutors
or any other, beyond
the pale of the Indian
Constitution?’
Three months later,
Hindu victim survivors
who lost their family
members in the burning
of the S-6 Sabarmati
Express Coach bravely
sought the aid and support
of the Citizens for
Justice and Peace in
Mumbai and demanded
that they too be given
justice. Things seem
to have turned a full
circle and there appears
a stunned response to
the cry for help from
these Hindu victims
because they have pleaded
before the country that
they should not be used
as pawns in the politics
of hatred and violence.
There could be no better
way to end this piece
than with an excerpt
from Dr Girishbhai Rawal,
an 82 year old man,
whose wife, Sudhabehn,
was one of the 58 burnt
alive last year. He
has courageously filed
an affidavit before
the Supreme Court of
India along with four
others demanding also
that the Godhra investigation
be transferred out of
Gujarat. Coming from
them, the plea that
many human rights groups
have been making to
shift investigation
and trial of key massacres
out of the state, gets
the ultimate stamp of
legitimacy. In the polarised
society that we live
in, innocent Muslims
being mercilessly booked
under POTA for alleged
(but unproven) involvement
in the mass burning.
The fact that the realtives
of over 60 allegedly
innocent persons jailed
for the Godhra crime
have not even seen them
for over a year is a
violation of the basic
principles of justice
and law. Yet it happens
and continues to happen
even as mass and unaccounted
arrests under this newly
enacted anti-terrorism
law continue.
The latest twist in
the struggle for justice
in Gujarat is the plea
from Hindu victims of
the mass burning that
this investigation be
moved outside Gujarat.
Dr Rawal’s affidavit
filed in the Supreme
Court16
reads:
‘My wife, Smt
Sudhabehn Girishbhai
Rawal, aged 76 years,
was burnt alive in the
hapless mass burning
of 59 persons in the
S-6 Coach of the Sabarmati
Express on February
27, 2002. She was a
senior social worker
working with the Khoja
Council of the Agha
Khan Foundation. She
went on the infamous
yatra to Ayodhya on
the understanding of
community leaders and
women from Janatanagar,
especially Neetabehn
Panchal of the Durga
Vahini, that this would
be a religious pilgrimage.
1. I
say and submit that
the Ayodhya yatra was
arranged entirely by
the Vishwa Hindu Parishad
(VHP) as is borne out
by the following : a)
the two-way railway
fare was to be borne
by the VHP, including
the staying arrangements
at Ayodhya; b) Ram Sevaks
were to offer yagna;
c) Names were enrolled
and detailed forms were
filled for each Ram
Sevak. (One photo-copy
was affixed on forms
of each Ram Sevak and
a copy was given as
identification badge
and this was burnt also)
2.
I say and submit that
the moral, physical
safety of the Ram Sevaks
fell upon on the organisers,
the VHP which they did
not fulfil. The Gujarat
government owed every
citizen, irrespective
of caste, creed or community,
due protection during
this yatra. The atmosphere
in the country and especially
in Gujarat was communally
charged at the time
and continues that way
even now and the failure
of the Gujarat police
to provide security
and protection to the
Ram Sevaks and its failure
in intelligence to anticipate
trouble at Godhra has
cost us the innocent
lives of our dear family
members. I annexe press
clippings where the
SP Godhra is quoted
as saying that he had
no idea that the Ram
Sevaks were returning
the day they were!
3. I
say and submit that
since the VHP were organisers
of the yatra, it was
beyond doubt the duty
of the VHP to instruct
young Ram Sevaks to
observe calmness and
refrain from exciting
and creating clashes
between communities.
It is clearly evident
from many testimonies
and reports about the
Godhra tragedy, that
many kar sevaks behaved
in an indecent manner
and were shouting provocative
slogans against residents
of Signal Falia. If,
as Praveen Bhai Togadia
of the VHP keeps saying,
terrorism exists in
many of India’s
border areas, all the
more reason for the
VHP to tell the Ram
Sevaks to observe restrain
and not to use abusive
and provocative language,
or wield lathis (sticks)
and other weapons.
4. While
the Gujarat government
has failed in its responsibility
to promptly protect
human lives irrespective
of caste, creed and
community, the Godhra
tragedy was used politically
to spread violence in
rest of Gujarat. Today
both the victims of
the Godhra tragedy and
the many tragedies and
massacres that followed
are without justice.
I humbly state and submit
that in my mind, the
VHP, the BJP, the Gujarat
government and the Railways
are responsible for
the loss of innocent
lives and for the barbaric
violence not just in
Godhra but also in Naroda,
BEST Bakery, Gulberg
society and many other
places all over Gujarat.
This violence has brought
shame to the peaceful
state of Gujarat and
even now things are
far from normal.
5. I
saw and submit that
my dear wife who is
now lost to me was working
fulltime with the Khoja
Council and at the time
when her burnt body
was brought to my home,
Shehnazbehn of that
organisation was staying
at my house and she
cried when she saw my
wife’s remains.
We believe in the great
Indian tradition of
equal love and respect
for all which Hinduism
preaches. The VHP does
not preach real Hinduism.
6.
I say and submit that
I also lost my son Ashwin
Girishbhai Rawal, (42
years) in an incident
of stabbing at Ramol,
where the FIR lodged
by the local inspector
declared that a mob
of 1500-2000 of anti-social
elements had gathered
for the attack. This
incident took place
on April 16, 2002.
7. I
would like to narrate
the facts and circumstances
surrounding the death
of my son, Ashwinbhai
Rawal, through stabbing
on April 16, 2002. He
was aged 42 and a member
of the VHP and local
chief of the Bajrang
Dal (President Janatanagar)
for the past four years.
As his father, I say
with regret that just
like any terrorist,
who had become biased
by propaganda, my son
had also been turned
in heart and mind by
the vicious VHP propaganda
and had been influenced
by their activities.
8. Twelve
days before his death,
on April 4, 2002, I
had, through a fax to
DGP Gujarat, urged that
our area (Ramol) and
Jantanagar society in
particular should be
declared a disturbed
area as per the law
enacted by the Gujarat
Government in 1991,
and, in view of the
acute communal tension
prevailing, special
safety and security
measures needed to be
taken so that no further
precious lives are lost.
Despite this prior intimation,
which arose out of the
fact that I had suffered
through the miserable
loss of my wife’s
life, the DGP ignored
it and two people, including
my son died that day.
9.
My son, an active worker
of the VHP and Bajrang
Dal and a card holder
of BJP and one other
Pratapbhai Barot were
assaulted on 16 April
2002 and murdered on
500 metre outside our
society. The FIR lodged
by the police states
that a mob of 1500 to
2000 anti-social persons
were responsible for
the murder. The neglect
of police officers who
were patrolling in police
jeeps from morning right
until the evening is
palpable. They did nothing
to disperse the large
and suspicious crowd
gathered there with
weapons.
10.
A couple of days after
the murder, I received
a letter from the police
commissioner’s
office dated 23rd April
2002 stating point blank
that no police chowky
( check-point) would
be located on that sensitive
spot just outside our
society despite such
a tragedy having taken
place. The police in
Gujarat is clearly not
interested in either
protecting the lives
of citizens, nor in
heeding their warning
when they make them.
My grand-daughter who
is 18 years old (Khushboo
Rawal) had personally
written a letter to
the commissioner of
police and state home
minister urging a police
chowky but to no avail.
11.
After 19 months of loss,
I say and submit that
I feel that my entire
family and I, as also
other victims of the
Godhra tragedy, have
been made sacrificial
goats by the VHP in
their political game.
I say this because my
wife participated in
the yatra spontaneously
thinking it was a religious
event. In her life and
mine we did not share
the communal sentiments
that are part and parcel
of the VHP/BJP’s
politics. Since this
tragedy of the Godhra
incident, our family
members have been used
by the VHP and the BJP
to amass crores of rupees,
here and abroad and
also win the last elections.
Worst still, they were
used for justifying
the murders at Naroda
and BEST Bakery. Fifty-nine
people burnt in Godhra
and 2500 people massacred
all over Gujarat! Who
has done all these things
and who has benefited
from them? On many occasions
the VHP and BJP have
held functions with
big names from the NRI
world and collected
large sums of money
while they made us sit
on the dias as scapegoats.
Where has this money
gone and what has it
been used for?
12. The
Honourable Supreme Court
should investigate the
collection of funds
and what they are used
for by the VHP and BJP.
Cassettes and CDEs were
made, T-shirts were
distributed, all around
the deaths of 59 persons
by burning in the S6
coach in the Sabarmati
Express. But those forces
that are capitalising
on this tragedy have
no concern for the poor
and innocent lives lost,
they are interested
in their own politics
and are again trying
to begin one more yatra.
As victims of Godhra
burning, and personally
as a father who has
suffered his son’s
joining the VHP and
becoming a victim of
their hate propaganda
by absorbing it in his
heart and mind, I earnestly
feel that all such yatras
like the Ayodhya yatra
which is political and
not religious, which
causes and uses violence,
should be banned. The
Central government will
not do it so it is up
to the Honourable Supreme
Court to take this historic
step.
13. The
investigation into the
causes and fallout of
the Godhra tragedy too
are being suppressed
by the current BJP establishment.
The kind of threats
and intimidation that
are used to avoid fair
testimony in Courts
and before the Nanavaty-Shah
Commission, and the
fact that no real impartial
truth has come out so
far suggests clearly
that unless the Honourable
Supreme Court takes
a direct and personal
interest in the Godhra
and other investigations,
justice will not be
done. The police is
completely under the
sway of the BJP and
VHP politics in the
State and, therefore,
we urge you to respond
to our appeal in the
matter. Even courts
in Gujarat cannot function
free of the communally
charged atmosphere which
the establishment is
doing nothing to diffuse.
In fact statements of
senior functionaries
of the state and the
centre further aggravate
the situation and police
atrocities against innocent
minorities continue.
14. As
one of the victim survivor’s
family of the Godhra
tragedy, both my daughter-in-law
and I have been denied
of fair and proper compensation.
Initially the Gujarat
government announced
that victims of the
Godhra tragedy would
be given Rs. 2 lakhs
each for the lives lost.
Thereafter the Gujarat
government reduced the
amount to Rs. 1 lakh.
I say and submit that
a meeting that took
place at my house at
the above mentioned
address, in presence
of Godhra victims on
March 1,2002 Praveen
bhai Togadia in the
presence of Gujarat
minister, Haren Pathak
said to us, ‘Aap
pachas hazaar chod do’
(forgo Rs. 50,000) and
assured us that VHP
would give Rs 50,000.
All sorts of other promises,
to look after our education
were also made but none
have been kept. We have
received Rs. 60,000
by cheque and Rs. 40,000
in the form of Narmada
bonds, both from the
Government which have
a very low rate of interest
and at this stage of
my life is no use to
me. On April 4, 2003
the Prime Minister announced
an ex-gratia payment
of Rs. 50,000 each to
us which we have received.
The Sankat Mocha Hanuman
Trust on behalf of the
VHP disbursed ad hoc
amounts to Godhra victim
families and I received
Rs. 20,000.
15. Compensation
and rehabilitation is
not simply a matter
of money and paying
rupees 1 or 2 lakhs.
Compensation means bringing
the lives of our family
back on track. Has this