Raghavan critical of Zakia Jafri's charges

May 14, 2012

Raghavan-Zakia

Ahmedabad, May 14: Chairman of the Supreme Court-appointed Special Investigation Team R.K. Raghavan, was highly critical of the petition filed in the Supreme Court by Zakia Jafri levelling sweeping charges against Gujarat Chief Minister Narendra Modi and 62 officials and leaders for their alleged involvement in the 2002 communal riots.

Agreeing with his inquiry officer, A. K. Malhotra, who found most of the allegations baseless and unsubstantiated and gave a clean chit to Mr. Modi and most of his senior police officers in handling the riots, Mr. Raghavan said Ms. Jafri's charges made Mr. Malhotra's task difficult, as the witnesses were not prepared to speak out before the SIT.

Pointing out that Mr. Malhotra had to handle the arduous task almost single-handedly because “associating any Gujarat police officer in such a sensitive inquiry would not have been desirable,” Mr. Raghavan said another factor that caused hurdles for the inquiry officer was the “reluctance of many crucial witnesses to depose frankly and without inhibition, because the complainants had ‘mindlessly and mechanically' referred to these witnesses as ‘accused,' a branding that caused a great offence to many of the witnesses.”

Mr. Raghavan lauded Mr. Malhotra for his “outstanding work,” completing the task of inquiring into 32 allegations levelled by Ms. Jafri against Mr. Modi and 62 others within a year, examining more than 160 witnesses and checking on a large number of documents. For reasons of confidentiality, even the secretarial assistance to him was “modest:” only one person did the “scriptory work.” Besides, most of the witnesses were “non-co-operative” and intentionally delayed appearing before him. The lapse of eight years before the investigation started also caused witnesses problems in recalling the facts correctly, he said.

Mr. Raghavan, a former CBI director, submitted his comments on the findings of the inquiry in the Supreme Court on May 14, 2010, and these have formed part of the closure report the SIT submitted in an Ahmedabad metropolitan court. A copy was given to Ms. Jafri, wife of the slain former Congress MP, Ehsan Jafri, who was among the 69 killed in the Gulberg Society massacre.

Mr. Raghavan agreed with Mr. Malhotra's conclusion that the allegation that Mr. Modi issued a “directive” to police officers to “allow Hindus to vent their anger” had “not been established,” as none of the officers “definitely present” at the crucial meeting held at his residence on the night of February 27, 2002, corroborated the claim made by suspended IPS officer Sanjiv Bhatt. Mr. Bhatt was an “unreliable witness.” There was no proof that the then Minister of State for Revenue, Haren Pandya, was present at the meeting, as he had claimed before the Citizens' Tribunal.

He also agreed with the finding that the decision to bring the bodies of the victims of the Godhra train carnage to Ahmedabad was taken unanimously by all police and administrative officers and the Ministers present in Godhra that day. The then Panchamahals Collector, Jayanti Ravi, also agreed to it.

He disagreed with the complainant that it was Mr. Modi's personal decision meant to inflame the situation by “parading the bodies,” pointing out that the bodies were brought in the dead of night and disposed of in the quickest possible time the next day.

And there was nothing to substantiate the charge that two senior Ministers were “instructed” by the Chief Minister to take charge of the State and city police control rooms on February 28, 2002, when ‘Gujarat Bandh' was observed. It was “conclusively established” that the late Ashok Bhatt, who was Health Minister, and I. K. Jadeja, the then Urban Development Minister, did visit the police control rooms, but there was no evidence that they ever “interfered” with the functioning of the police, or that they were told by Mr. Modi to sit in the control rooms. But as Mr. Modi himself held the Home portfolio, it did “heighten the suspicion that the decision had his blessings.”

Mr. Raghavan disagreed that there was undue delay in summoning and deploying the Army in the riot-hit areas, or Mr. Modi deliberately “ignored” Ehsan Jafri's plea for help when the riotous mob surrounded the Gulberg Society. No records were available to corroborate the allegations, he said, agreeing with the finding that the mobile call records did not show Mr. Modi having received any call from Ehsan Jafri or anyone else in the Gulberg Society, and accepting the Chief Minister's statement that he had never known Ehsan Jafri before the incident.

Mr. Raghavan did not agree that Mr. Modi was issuing “illegal instructions” orally, as alleged by the former Additional Director-General of Police, R. B. Sreekumar, in affidavits filed before the G.T. Nanavati-Akshay Mehta Judicial Inquiry Commission. Mr. Sreekumar's personal diary in which he made entries about such “illegal oral instructions” was an “unofficial document” he was not authorised to maintain, and had no “evidentiary value whatsoever.” Besides, some of the entries in the diary were found factually incorrect. It was significant that Mr. Sreekumar revealed the existence of such a diary three years after he had opened it and only after he was superseded in promotion; he produced only a copy of the diary before the SIT.

But Mr. Raghavan said the transfer of a few police officers amid the raging riots, especially those who were claimed to have done a good job in controlling the violence, were surprising, but none of the police officers was prepared to admit that they were victimised. The Chief Minister himself admitted that he did not visit the riot-hit areas so promptly as he visited Godhra on the day of the train carnage and could not cite any specific reason for the delay. Mr. Modi had not been able to totally deny his alleged statement that private firing by Ehsan Jafri had “provoked” the Gulberg Society massacre, or his reported theory of “action-reaction” to justify the riots, but Mr. Raghavan emphasised that the undertone of all his statements was an “earnest appeal” to the people for peace. He agreed that Mr. Modi failed to give any directive to Hindu organisations against the observance of the bandh in view of the charged atmosphere.

He found that the appointment of some of the special public prosecutors for the trial of the riot-related cases was politically motivated, but said a “transparent procedure” was in place for the appointment, and it was followed by the government.

Mr. Raghavan questioned Mr. Sreekumar's “intentions” in alleging that he was “tutored” by some officials of the Chief Minister's office to give guarded statements on the riots before various probe agencies to protect Mr. Modi and his government. Mr. Sreekumar levelled the allegations not while filling the affidavits before the Nanavati-Mehta Commission, but only when he was superseded, and his junior was promoted as DGP in 2005.

Mr. Raghavan termed “incorrect and motivated” Citizens for Justice and Peace general secretary Teesta Setalvad's charge that Hindu activists conducted two meetings at Lunawada and Borwai, near Godhra, on Fabruary 27 and 28 to hatch plans for a pogrom against minorities, and that the meetings were attended by two members of Mr. Modi's Cabinet. After a thorough probe, the SIT found that the charge was “incorrect and motivated;” there was no evidence for any such meeting having taken place at all, and there was no question of any Minister having attended it.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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News Network
April 26,2024

phase2.jpg

Voting has begun in 88 constituencies across 13 states and Union Territories amid a furious row between the Congress and the BJP over manifesto and inheritance tax. Election will be held on all seats of Kerala, a chunk of Rajasthan and UP.

Key points

Elections for the second phase will be held for 20 seats of Kerala, 14 seats in Karnataka, 13 in Rajasthan, eight each in Uttar Pradesh and Maharashtra, seven in Madhya Pradesh, five each in Assam and Bihar, three each in Bengal and Chhattisgarh and one each in Jammu and Kashmir, Manipur and Tripura.

Earlier, 89 constituencies were expected to vote in this phase. But polling in Betul, Madhya Pradesh, was rescheduled after the death of a candidate from Mayawati's Bahujan Samaj Party. Betul will now vote in the third phase, due on May 7.

Key candidates for this round include the BJP's Union minister Rajeev Chandrashekhar  -- up against Congress' Shashi Tharoor from Thiruvananthapuram; actors Hema Malini, and Arun Govil from 1980s iconic serial Ramayan, senior BJP leader Tejasvi Surya and Lok Sabha Speaker Om Birla,  Congress' Rahul Gandhi, KC Venugopal, Bhupesh Baghel. and Ashok Gehlot's son Vaibhav Gehlot.

For both BJP and the Opposition, the most crucial states in this phase will be Karnataka and Kerala. Karnataka is the only BJP bastion in the south, where the Congress won in the last assembly election. The party is hoping to do well amid concerns about delimitation and the disadvantage southern states could face after it.

Further south, the BJP is trying to break into the bipolar politics of Kerala. The party is hoping to open its account in the state having fielded Union ministers Rajiv Chandrasekhar and V. Muraleedharan. In Wayanand, a Congress bastion for over 20 years, it has fielded its state unit president K Surendran against Rahul Gandhi.

For the Opposition, Kerala is a big shining hope. Even though the Left and the Congress are competing against each other in the southern state, victory by either will add to the tally of the Opposition bloc INDIA. Kerala is one of the few states that have never sent a BJP member to parliament.

With north, west and northeast India saturated, the BJP is hoping to expand in the south and east in their quest for 370 seats. The party had won 303 seats in 2019, a majority of them from the Hindi heartland and bastions new and old, including Gujarat and the northeast.

The Congress, though, has claimed it would post a much better performance compared to 2019. After the first phase of the election, their claims have got louder, especially in Rajasthan and western Uttar Pradesh. Rashtriya Janata Dal chief Tejashwi Yadav has claimed INDIA will win all five seats in Bihar.  

The election is being held amid a bitter face-off between the Congress and the BJP. The row was sparked by Prime Minister Narendra Modi's comment that the Congress, if voted to power, will redistribute the personal wealth of people among "infiltrators" and won't even spare the mangalsutras of women. The Congress has questioned if the people had to fear for their wealth and mangalsutras in 55 years of the party's rule and accused the BJP of sidestepping issues that matter.

The next phase of election is due on May 7. The counting of votes will be held on June 4 – three days after the seventh and last phase of election on June 1.

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News Network
April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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