Wireless messages dent SIT claim on Modi

April 18, 2013
New Delhi, Apr18: In its closure report submitted to the trial court, the Special Investigation Team that probed Zakia Jafri’s complaint against Narendra Modi and 58 others said there was no evidence to prove that the Chief Minister had sent the bodies of the 2002 Godhra victims to Ahmedabad with a view to parading them before the public.

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The SIT quoted Ahmedabad Police Commissioner P.C. Pande to back its claim that there was no parading of the bodies.

Not just this. Anyone reading the report would conclude that peace had prevailed through the time the bodies were transported from Godhra to the Sola Civil Hospital on the outskirts of Ahmedabad, and later too, when the bodies were handed over to the next of kin. There is no mention in the closure report of the charged atmosphere in the hospital prior to the arrival of the bodies in the early hours of February 28, 2002. Nor does the report indicate anywhere that huge, violent crowds accompanied the funeral processions of the victims; indeed that the processions became the trigger for the anti-Muslim violence that rocked the city and State in the Godhra aftermath.

The real story emerges in a series of desperate wireless messages sent out by police and intelligence field staff positioned at the Sola Civil Hospital and other locations on February 27 and 28, 2002. The wireless extracts, annexed to a protest petition filed against the SIT’s closure report by Ms. Jafri in a local court, show the following. One, there was a lot of anxiety over the Modi administration’s decision to send the bodies to Ahmedabad. Two, there were repeated pleas for bandobast at the hospital where crowds had gathered in anticipation of the arrival of the bodies. Three, there were attacks on Muslims by crowds accompanying the funeral processions which set the stage for the large-scale violence that followed.

At 12.30 p.m. on February 27, that is just hours after the Godhra train carnage, a State Intelligence Bureau (SIB) officer sent a fax communication to his headquarters saying there were reports that bodies of the kar sevaks were going to be sent to Ahmedabad. He alerted: “So communal violence will occur in the city of Ahmedabad; so take preventive action.”

The warning was repeated in another message which added that kar sevaks were threatening retaliatory violence in explosive interviews given to a TV station in Godhra. In the early hours of February 28, there were two messages (1.51 a.m. and 1.59 a.m.) from a police van stationed at the Sola Civil Hospital, urging “immediate protection from Special Reserve Police platoons and the presence of DCP Zone 1.”

At 2.44 a.m., a message said the motorcade carrying the bodies had reached the hospital. Another message at 4 a.m. said a mob comprising 3,000 swayamsevaks (Rashtriya Swayamsevak Sangh volunteers) had gathered at the hospital. At 7.14 a.m., the police van again relayed the message that a large mob had assembled at the hospital. Three minutes later, a message said a mob of 500 was holding up the traffic.

At 11.55 a.m., there was a message saying “the hindu mob” had become violent and had set a vehicle on fire and was “indulging in arson on the highway.” Another message at the same time said, “Sayyed Saheb, the Protocol Officer” had informed that riots had started in the hospital. A further message said mobs had surrounded the hospital staff.

There were specific messages from the field about crowds of 5,000-6,000 taking the bodies out in funeral processions. A message at 11. 58 a.m. said: “Amrajwadi-1 informed that 10 dead bodies have been taken for cremation ceremony from Ramol Janatanagar to Hatkeshwar Cremation Centre with crowd of 5 to 6 thousand.” Another message said: “Funeral procession allowed at Khedbrahma town in Sabarkantha district. Situation tense, 2 Muslims stabbed at Khedbrahma.”

There was also a message about 150 Bajrang Dal members from Ayodhya reaching Khedbrahma.

The SIT’s closure report acknowledged that the bodies of kar sevaks had been handed over to the VHP’s Jaydeep Patel but it placed the blame for the decision on M.L. Nalvaya, the local executive magistrate, and said he had issued a letter to Mr. Patel where he mentioned that 54 bodies were being sent with him on five trucks.

The SIT said the five trucks carrying the bodies reached the Sola Civil Hospital between 3.30 a.m. and 4 a.m. on February 28, and that Mr. Patel handed over the letter from the executive magistrate to the Deputy Collector who was waiting at the hospital with the Collector and other officials.

The SIT blandly recorded that “the relatives of the persons who had died at the Godhra carnage were also present in the hospital. Accordingly, 35 persons were identified and their bodies handed over to their relatives …”

The SIT denied that there had been any parading of bodies, and quoted Mr. Pande to back its claim: “Shri P.C. Pande, the then CP, Ahmedabad city has stated that there had been no parading of dead bodies inasmuch as the trucks carrying the dead bodies under police escort reached Ahmedabad city between 0330 hrs to 0400 hrs on 28.02.2002 which means they had started from Godhra at least three hrs earlier and as such there was no one to see them on the highway at dead of night. Shri Pande has also stated that in Ahmedabad city, the dead bodies were kept in Sola Civil Hospital situated on the outskirts of the city and that most of the dead bodies were handed over to their relations after proper documentation by 28.02.2008 morning.”

As for the funeral processions, the SIT said: “… the dead bodies were moved in vehicles and not by foot as the same would have escalated the tension … R.J. Savani (Deputy Commissioner of Police, Zone V) succeeded in persuading the relatives and well-wishers of the deceased to take each body in a vehicle and the funeral procession was guarded by the police up to Hatkeshwar cremation ground … The funeral was over by 1400hrs and the crowd which had gathered on the highway dispersed thereafter.”

No mention of the unrest in the hospital. No mention of arson by protestors. And no mention of the huge crowds that accompanied the funeral processions.

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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