Mass Human Rights Violation in Gujarat Riots 2002

National Law University Odisha

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CODE OF CRIMINAL PROCEDURE

A PROJECT REPORT ON

ARREST PROCEDURE AND CASE REVIEW OF

GUJARAT RIOTS

NATIONAL LAW UNIVERSITY ODISHA

Prepared under the guidance of:

Prof. Nachiketa Mittal

(Assistant Law Professor)

(School of Law)

Submitted by :

Avilash Kumbhar (2012/BBALLB/015)

Semester - V


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DECLARATION:

The project “Arrest procedure and case review of Gujarat riots” is an original work. This

project is a result of intense reading of various cases on arrest, custody, torture and violation

of fundamental rights during that time. No portion of this project is copied from anywhere in

unauthorized manner. All acknowledgments/references, wherever applicable, have been

acknowledged to the sources and for such excerpts from copyrighted works as included in the

contribution the proper permission is obtained of the copyright holder and author thereof

where applicable.


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Contents

INTRODUCTION .................................................................................................................................. 6

RESEARCH METHODOLOGY ............................................................................................................ 8

OBJECTIVE: ...................................................................................................................................... 8

HYPOTHESIS: ................................................................................................................................... 8

RESEARCH QUESTION: .................................................................................................................. 8

COVERAGE AND SCOPE: ............................................................................................................... 8

INQUIRIES AND INVESTIGATION ................................................................................................... 9

GODHRA TRAIN BURNING: .......................................................................................................... 9

GODHRA’S VICTIMS:.......................................................................................................................... 10

BILKIS RAPE CASE ....................................................................................................................... 12

BEST BAKERY CASE TRAIL ....................................................................................................... 14

NARODA PATIYA CASE:.............................................................................................................. 17

CONCLUSION: .................................................................................................................................... 20

BIBLIOGRAPHY: ................................................................................................................................ 21


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Cases

Best Bakery case ........................................................................................................................ 6

BILKIS RAPE CASE ................................................................................................................ 4

NARODA PATIYA CASE........................................................................................................ 8

Rt vs Shaikh. on 10 July, 2012 .................................................................................................. 6

State v. Rajubhai Damirbhai Baria and others, Sessions Case No. 248 of 2002 ....................... 6

Zahira Habibulla H. Sheikh and Another v. State of Gujarat and Others, ................................. 6


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Statutes

CODE OF CRIMINAL PROCEDURE § 299(1973 ................................................................. 6

CODE OF CRIMINAL PROCEDURE § 406 (1870) ............................................................... 5


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INTRODUCTION

Communal violence is not a new concept in India. But it the modern times it has been

exaggerated after Anti- Sikh riots in 1984.1 The present work is about the arrest procedure

followed by the police official in case of riots and analysis of few selected riots occurred in

India. Constitutionally India is a secular state but large scale violence has periodically

occurred in India since independence.2 In recent decades, communal tensions and religion-

based politics have become more prominent.3 There has been mass failure of criminal justice

system to tackle communal riots.4

The government of the Indian state of Gujarat continues to obstruct justice and prevent

accountability for the perpetrators of violence committed during communal riots in 2002 that

left as many as 2,000 Muslims dead.5 The riots occurred after some Muslims allegedly

attacked a train carrying Hindu pilgrims and activists.6 One carriage caught fire and fifty-nine

Hindus were killed in the blaze.7

In retaliation, Hindu extremist mobs, often with police

participation and complicity, killed hundreds of Muslims and displaced thousands.8 The

Gujarat state government, led by Chief Minister Narandra Modi of the Hindu nationalist

Bharatiya Janata Party (BJP), not only failed to take appropriate action to prevent the

violence, but has since failed to properly investigate the crimes committed.9

1 TWENTY YEARS OF IMPUNITY: THE NOVEMBER 1984 POGROMS OF SIKHS IN INDIA (2ND ED.).

2 SOCIAL AND ECONOMIC ISSUES IN INDIA.

3 RAM MANOHAR LOHIA AND HIS TACKLING OF CASTE ISSUE.

4 CRIMINOLOGY: PREVENTION OF COMMUNAL AND TARGETED VIOLENCE. -

http://www.ukessays.com/essays/criminology/prevention-of-communal-and-targeted-violence-criminology-

essay.php. 5 Unofficial, but widely accepted estimates put the toll in the violence at over 2,000. The Gujarat government

claims that there were 851 deaths during the riots, including those killed when police fired their guns in an

attempt to contain the rioters. According to police testimony before the Nanavati-Shah commission enquiring

into the Gujarat riots, nearly 100 rioters were killed by the police. 6 SABARMATI EXPRESS BURNING INCIDENT ON 27/2/2002.

7 Testimony by government officials presented to the Gujarat state-appointed Nanavati-Shah Commission

looking into the 2002 riots. July 6, 2002. 8 HUMAN RIGHTS WATCH, WE HAVE NO ORDERS TO SAVE YOU: STATE PARTICIPATION AND

COMPLICITY IN COMMUNAL VIOLENCE IN GUJARAT, (NEW YORK: HUMAN RIGHTS WATCH,

APRIL 2002), pp. 21-25. Beginning on February 27, 2002, most of the killings took place in the first five days.

Testimony by government officials presented to the Nanavati-Shah Commission looking into the riots says that

80.73 percent of the deaths took place in the first five days. 9 DISCOURAGING DISSENT: INTIMIDATION AND HARASSMENT OF WITNESSES, HUMAN RIGHTS

ACTIVISTS, AND LAWYERS PURSUING ACCOUNTABILITY FOR THE 2002 COMMUNAL

VIOLENCE IN GUJARAT p.2


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RESEARCH METHODOLOGY

OBJECTIVE:

In this paper, the author has undertaken several instances of riots in India especially in

Gujarat riots. The main objective of this paper is to make a review of cases of riots in Gujarat

as well as in other parts of the country.

HYPOTHESIS:

“In communal violence there will be outbreak of peace and order”

RESEARCH QUESTION:

What were the inquiries and investigation procedure carried out in riots?

What was the reason for such low conviction rate?

COVERAGE AND SCOPE:

Its coverage and scope is limited to the timeline of Gujarat riots that took place in 2002 and

till the proceeding carried out. Though similar incident are referred to in this paper, they are

not of much help but it has helped in bringing out intention of the judiciary. Majorly cases

arising out of 2002 Gujarat riots are dealt with in this paper.


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INQUIRIES AND INVESTIGATION

GODHRA TRAIN BURNING:

Large-scale communal violence in Gujarat began on February 27, 2002, when a train carrying

Hindu activists was attacked in the town of Godhra.10

Local Muslim residents were blamed11

for the attack and nearly a hundred have been arrested.12

The government has charged many

of the Muslims accused in the attack on the train under the Prevention of Terrorism Act

(POTA),13

but filed ordinary criminal charges against those accused in the violence against

Muslims.14

State police have reportedly continued to face pressure from Gujarat officials to

avoid making arrests15

or to reduce the severity of the charges filed.16

In many instances, the

police refused in their initial police reports to name perpetrators identified by victims.17

The upshot of the judgment is that there was planning and preparation by some to set the train

on fire.18

But every Muslim present at the spot hurling stones or other things has been

pronounced equally culpable.19

Men whose physical presence in the riotous assembly seemed

doubtful to the court were all acquitted.20

The court disbelieved the prosecution story of spot

arrests and held that the arrests had occurred during subsequent combing operations.21

The

court also acquitted all those implicated principally by a witness belonging to the Vishwa

Hindu Parishad (VHP).22

10

HUMAN RIGHTS WATCH 30 (1999). 11

Idib. 12

“Godhra carnage accused arrested.” Rediff News September 02, 2002. 13

Human Rights Watch, July 2003 Vol. 15 no. 3 (c ). 14


Human Rights Watch “ We have no orders to save you” 5 July 2003 Vol. 15 no. 3 (c ). 16

DISCOURAGING DISSENT: INTIMIDATION AND HARASSMENT OF WITNESSES, HUMAN

RIGHTS ACTIVISTS, AND LAWYERS PURSUING ACCOUNTABILITY FOR THE 2002 COMMUNAL

VIOLENCE IN GUJARAT. 17


NITA RAMAKRISHNAN, GODHRA: THE VERDICT ANALYSED, ECONOMIC AND POLITICAL

WEEKLY. 19

INDIAN SOCIAL INSTITUTE'S RECORDS ON COMMUNAL RIOTS IN INDIA. 20

Human Rights Watch, at Supra note 15 21

On 27 and 28 February 28 people were arrested and statements of VHP activists and policemen were

recorded, showing an improbably symmetrical pattern of one witness identifying four “assailants”. A mass

recovery of common weapons like sticks and knives is shown from an open field four days later. All these 28

have been acquitted. 22

DOCUMENT - INDIA: JUSTICE, THE VICTIM - GUJARAT STATE FAILS TO PROTECT WOMEN

FROM VIOLENCE.


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On February 6, 2003, police arrested Maulana Hasan Umarji whom officials say master mind

of the arrest.23

The prosecution theory changed its track many times.24

The 1st theory

involved a conspiracy linked with Pakistan’s ISI 2nd

to the underworld drug smuggler and 3rd

to the accused.25

Officials claim that during his interrogation he confessed about the financial

assistance he received from Pakistan, Saudi Arabia and Dubai.26

Umarji has publicly

campaigned against BJP during December 2002 election, and was heavily involved in

organizing relief assistance after the violence.27

He was arrested based on confession made by

other arrestee28

, yet in the eleven month preceding his arrest, not one of the seventy odd

people arrested had identified him as participant.29

Following his arrest many shops were

closed in protest and some in fear.30

While many of those arrested for post-Godhra attacks on Muslims are out on bail,31

A.D.G.

of police A.K. Bhargav admitted that POTA has been invoked against the Godhra arrestee in

part to forestall the possibility of their obtaining bail.32

On April 17, 2003 POTA court rejects

bail application of fifty-six Godhra arrestee.33

On April 19, 2003, police official booked 10

more people under POTA for their alleged involvement in former Gujarat Home Minister

Haren Pandya’s assassination.34

They were also accused of the March 11, 2003 attack on

VHP leader Jagdish Tiwari and for the serial blast in Ahmedabad Municipal Transport

Service buses on May 29, 2002.35

GODHRA’S VICTIMS:

While the government continues to fumble the Godhra investigation, the relatives of the

Hindus killed in the attack are battling poverty and expressing their frustration with the

rhetoric of the VHP.36

Throughout the period, the state government failed to adhere to the

23

Human rights, Supra note 13 24

Idid. 25

Idib. 26

Stavan Desai “ In Gujarat only Godhra case is fit enough for POTA” Indian Express April 3 2003 “ Suspect

in Gujarat Train attack funded from abroad: officials” Agence France- Presse, February 19, 2003. 27

“Muslim Minority Traumatized in Godhra”, The Hindu Arpril 29, 2003 28

“Main godhra Conspirator arrested” Hindustan Times, February 7 , 2003. 29

Setalvad, “ Gujarat – one year later”. 30

“Protest over Godhra arrest” BBC News February 6 2003 31

Ibid. 32

Under POTA, accused cannot obtain bail unless the court records the finding that there is no prima facie case

against them. 33

POTA court rejects bail application of 56 accused. PTI April 17, 2003. 34

Human Rights Watch July 2003 Vol 15, No. 3 ( c ) page 33. 35

“Gujarat Books 10 under POTA.” Indian Express, April 19, 2003. 36

Human Rights Watch July 2003 Vol 15, No. 3 (c ) page 34.


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standard laid in UN guiding principles on Internal Displacement and to international human

right standard.37

37

U.N. Guiding Principle on Internal Displacement presented to the U.N. Commission on Human Rights in

1998 by the special representative of the U.N. secretary general.


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BILKIS RAPE CASE

Bilkis, who was pregnant at the time, was gang-raped.38

When Bilkis first went to the local

police station on the following day, after she had come out of hiding, to lodge a complaint her

evidence was not recorded by the police.39

The case was later closed by the Gujarat police as

“true but undetected.”40

The CBI discovered a deliberate attempt by some Gujarat policemen

and officials to cover up evidence in this case.41

The CBI filed charges against twenty people,

including six policemen and two government doctors accused of tampering with evidence to

shield the offenders.42

The CBI charge-sheet filed in April 2004 says that the local police,

when lodging the initial complaint, “suppressed material facts and wrote a distorted and

truncated version,”43

then claimed that the accused were unknown even though Bilkis had

named them.44

It also alleged that they had caused the disappearance of evidence to protect

the offenders.45

CBI on 1.1.2004 registers charge sheet46

RC 1(S)/2004 and took up the

investigation of the case.47

For instance, even after Bilkis Yakub Rasool had identified her

rapists and named the men who killed members of her family, including her three-year-old

daughter, those names were not recorded in the “first information report.”48

Although, the

Gujarat governments while responding to international outrage, initially boasted of thousands

of arrests following the attacks, most of those arrested were acquitted49

, released on bail with

no further action taken, or simply let go.50

Of the 16,245 persons (most of them Hindu)

arrested51

for substantive offences during the riots, all but 2,100 had been bailed out by May

10, 2002.52

On August 6, 2004, it was made clear that the state administration could not be

trusted to handle this case fairly53

; the Supreme Court ordered a change of venue from

Gujarat to neighboring Maharashtra state.54

As per the fresh case filed by the Central Bureau

38

Human Rights Watch .,Supra note 13 39

Ibid. 40

http://www.frontline.in/fl2111/stories/20040606003029700.htm 41

“CBI backs Bilkis plea for trial outside Gujarat,” Press Trust of India, July 23, 2004. 42

CRIME AND COMPLICITY, FRONTLINE JUNE 4, 2004. 43

CBI charge-sheet filed in April 2004. 44

Human Rights Watch .,Supra note 13. 45

http://www.flonnet.com/fl2111/stories/20040606003029700.htm. 46

Indian Penal Code, § 143, 147, 148, 149, 376 and 302 (1860). 47

NHRC Report Situation in Gujarat. 48

Bilkis Trial Has Modi Govt On Edge,” The Times of India, August 11, 2002, pp. 6. 49

Supra note 9. 50

Genocide in Gujarat - Coalition Against Genocide. 51

Special Representative P.J.G Nampoothiri reported to NHRC on May 28, 2002. 52

Special Leave Petition (Criminal) of 2003 in the matter of National Human Rights Commission (petitioner) v.

State of Gujarat and Others (respondents). 53

Based on the report from the CBI. 54

CODE OF CRIMINAL PROCEDURE § 406 (1870)


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of Investigation before Mumbai Sessions Judge, U D Salvi, Gujarat’s policemen intimidated

Bilkis Bano and falsified evidence to favour the accused.55

Five policemen were accused of

trying to destroy evidence by dumping salt on the remains of Bilkis Bano’s relatives so that

the bodies could decompose faster.56

Two doctors, a husband and wife couple, were also in

the dock for issuing fake medical certificates to help the accused.57

Though only one

policeman was found guilty of falsifying evidence, his colleagues and the doctors have been

discharged.58

11 people have been convicted in the case.59

55

“Accused in Bilkis Bano case seeks bail”, Economic Times December 2 , 2004. 56

“India: The incredible courage of Gujarat's Bilkis Bano, gang-raped, witness to murder, vindicated”, The

Hindu Jan 27, 2008. 57

Ibid. 58

“A profile in courage”, The Tribune India, Spectrum February 3, 2008. 59

Ibid.


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BEST BAKERY CASE TRAIL

The Best Bakery case became perhaps the most significant example of the failure of justice.60

After getting the news about incident at Best Bakery at Panigate Police Station, Police

Inspector Himmatsingh Baria (P.W.72) asked PSI Rathod (P.W.63) to the scene alongwith

constables and other Officers.61

Three women and other people narrated him the incident.

Statement of Raees Khan (P.W.27) was recorded and, later on, in the trial which took place

before the Sessions Court, his statement was treated as an FIR.62

Statements of injured

witnesses Taufel (P.W.26), Raees Khan (P.W.27), Shehzad Khan Hasan Khan Pathan (P.W.

28) and Sailum Hasan Khan Pathan (P.W.32) who were working as servants with Habibullas

were recorded by Police Inspector Baria (P.W.72) and after they were discharged. Mr. Baria

(P.W.72), who was initially appointed as Investigating Officer, conducted the investigation

till 10/3/2002 and thereafter it was transferred to Police Inspector Kanani (P.W.74).63

PI

Baria recorded the statement of most of the injured witnesses and other persons including

Zahira and PI Kanani, thereafter, took over the investigation. After a lot of efforts by the

investigating officers ultimately accused no. 1 to 5 were arrested on 12/2/2002 and accused

no. 6 to 12 surrendered on 1/4/2002, thereafter accused no. 13 to 16 were arrested on

15/4/2002 and accused no. 17 to 19 were on 17/4/2002 and accused no. 20 was arrested to

19/5/2002. After recording statements of all witness charge sheet was filed and the

proceeding continued, but all the witness in the trail court turned hostile and all the accused

were acquitted.

The case gained newfound significance when one of the witnesses, Zahira Sheikh, publicly

disclosed that she was forced to change her testimony as a result of threats against her during

the trial.64

Zahira stepped forward due to the support and protection of a small but dedicated

community of lawyers and activists.65

This case was then transferred to neighborhood

Mumbai jurisdiction for a fresh trail. In this trail four accused did not surrender and the Trial

Court separated the trial in respect of accused Nos. 6 to 9. The evidence against them,

60

The Best Bakery case was initially heard by a lower court (State v. Rajubhai Damirbhai Baria and others,

Sessions Case No. 248 of 2002) that acquitted all the accused on June 27, 2003. An appeal filed by the Gujarat

government in the High Court was rejected with the judge criticizing human rights activists and the NHRC. The

Supreme Court disagreed and in a verdict on April 12, 2004, in Zahira Habibulla H. Sheikh and Another v. State

of Gujarat and Others, it transferred the case out of Gujarat and ordered a retrial. 61

Rt vs Shaikh. on 10 July, 2012 62

Id. 63

Best bakery Judgment SESSIONS CASE NO. 315 OF 2004 64

Human Rights Watch September 2, 2004. 65

Id.


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however, was recorded after an order was passed66

. Yasmin Nafitulla Habibulla Shaikh is

also an eye witness who is wife of Nafitulla (owner of the best Bakery) who was examined

for the first time in the Sessions Court, Mumbai.67

She was not examined in the Sessions

court at Gujarat. Three of the accused were convicted and awarded life imprisonment by a

session’s court in Mumbai. Eight of accused in the case were acquitted by Judge Abhay

Thipsay, who conducted the retrial in the Best Bakery carnage on Supreme Court orders.68

Conviction of Accused No. 1 - Rajubhai Dhamirbhai Baria, Accused No. 4 - Pankaj

Virendragir Gosai, Accused No. 11 - Sanjay @ Bhopo Ratilal Thakkar, Accused No. 12-

Bahadursinh @ Jitu Chandrasinh Chauhan, Accused No. 14 - Jagdish Chunilal Rajput,

Accused No. 15 - Dinesh Phulchand Rajbhar, Accused No. 16 - Shanabhai Chimanbhai

Baria, Accused No. 18 – Shailesh Anupbhai Tadvi and Accused No. 20 - Suresh @ Lalo

Devjibhai Vasavawas made u/s 143 147 (324 326 302 read with 149 and 188 of IPC. It has to

be noted here that after the trial commenced in the Sessions Court, Mumbai, four accused did

not surrender and the Trial Court separated the trial in respect of accused Nos. 6 to 9. The

evidence against them, however, was recorded after an order was passed69

. The panch

witnesses have failed to identify the weapons used by the accused and few of them turned

hostile. The crucial aspect in this case is regarding identity of the persons who had committed

the said offence.70

The Best Bakery trial judgment delivered in Mumbai by a special sessions court on February

24 constitutes a significant deliverance of justice. Moreover, that justice was delivered

despite the many twists and turns the trial took and the serial flip-flops by key witnesses

endow the judgment with significance more seminal than the immediate. It was Zahira

Shaikh, a key witness, whose deposition was crucial in the filing of the FIR soon after the

carnage occurred. However, in May 2003, Zahira and several members of her immediate

family turned hostile in a fast-track court set up to try riot-related cases in Gujarat; the court

also acquitted all 21 accused. Following a petition by the National Human Rights

Commission, to whom Zahira had appealed, the Supreme Court ordered a retrial and the case

transferred out of Gujarat (April 2004). The trial witnessed setbacks, as notable witnesses,

including Zahira and her family, turned hostile yet again. After examination of 75 witnesses

66

CODE OF CRIMINAL PROCEDURE § 299(1973) 67

Best bakery Judgment SESSIONS CASE NO. 315 OF 2004. 68

Zahira Habibullah Sheikh & Anr vs State Of Gujarat & Ors on 8 March, 2006 69

CODE OF CRIMINAL PROCEDURE § 299(1973) 70

Best bakery, Supra note 62.


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and the recording of 3,000 pages of evidence, the special court in Mumbai sentenced nine of

the accused to life-term in prison, eight were acquitted while four still remain at large. The

court also issued notices to Zahira and other witnesses, who turned hostile, to show cause as

to why they should not be prosecuted for perjury.

The successful conclusion and convictions secured in the Best Bakery case have made it one

of the finest moments for the judiciary and the civil society. The case has highlighted issues

of state responsibility and their negligence by state institutions, notably the police. It has

drawn renewed focus on questions of witness protection, especially in instances of communal

violence, when an entire community becomes a victim, and where the state itself finds it

convenient to protect perpetrators of violence and to threaten and coerce witnesses.71

But the

judgment also holds out hope, a warning that crimes of similar proportions, as in Delhi

(1984) and Bombay (1992-93) will perhaps be accounted for.72

Already, the Bihar

government has called for the reopening of 29 cases relating to the 1989 Bhagalpur riots,

which had been closed by the police.73

However, wider issues that Gujarat 2002 raised still

need to be settled the question of whether those really guilty of directing and inciting the

violence have been punished.74

Human rights activists and other concerned citizens had

expressed their apprehensions much before the cases were heard by the fast track courts set

up for the purpose. The rate of acquittal in communal riot cases has been notoriously high

always.75

,

71

PLAYING THE "COMMUNAL CARD": Communal Violence and Human Rights, Human Rights Watch

1995. 72

State of Urban Youth India 2012 73

Violette Graff and Juliette Galonnier, “The Hindu Muslims Communal Riots in India” II (1986-2011)

published on 20 August 2013 74

Zahira Habibulla H. Sheikh and Another v. State of Gujarat and Others 75

“Modi stumps his critics”, The Pioneer Wednesday, March 24, 2010


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NARODA PATIYA CASE:

By sharp contract, as of the beginning of March 2003, all but three of sixty-eight accused in

the naroda patiya case we out on bail.76

In keeping with CrPC 197377

the police had attached

the property of fifty-one of the fugitives in this case.78

Ctitic in the state, including human

rights lawyer, add that POTA – whose evidentiary requirement is lower than those of

ordinary criminal legislation- is being invoked primarily against those against whom these is

little evidence.79

Police continue to dismiss the post-Godhra violence as spontaneous and unorganized, a

chilling eco of chief minister MODI’s famous for an anti-Muslims pogrom that “Every action

has an equal and opposite reaction”80

when questioned about the government’s decision to

not applying POTA in Naroda Patiya and Gulbarg Society case, the police responded that

there was no evidence of conspiracy.81

The Naroda Patiya judgement has rightly been lauded as a landmark in the long road to

providing justice for the victims of the 2002 Gujarat riots. For the first time, a former minister

has been convicted and sent to jail in a Gujarat riots case. 31 others were sentenced along

with her. The Charge has been jointly framed for 62 accused that have been tried. The Charge

is to have murdered about 96 Muslims, during different occurrences.

Maya Kodnani, former minister in the cabinet of Gujarat Chief Minister Narendra Modi, has

been imprisoned for 28 years and Babu Bajrangi, senior Bajrang Dal activist, has been

handed a life sentence. Since Independence, this is the largest number of people to be

convicted in a case of communal violence and the first time that criminal responsibility has

been fixed on politicians. The verdict is also significant in that though the prosecution sought

the death sentence, the judge concluded that capital punishment undermined “human dignity”

and so handed down life sentences.

The special judge criticized the initial investigation in the case that was done by the Naroda

police, and also pulled up the then police inspector, KK Mysorewala. She criticized the initial

investigation in the case that was done by the Naroda police, and also pulled up the then

76

Human Rights Watch July 2003 Vol 15 No. 3 ( c ) page 32 77

Code of Criminal Procedure § 82, 83 (1973) 78

“89 killed in massacre, police let the probe die” Indian Express March 1 2003. 79

In Gujarat, Supra note 26. 80

Scott Baldauf “ Indian govt. struggles to maintain order; continuing riots tests hindu-led coalition’s

credibility,” Christian Science Monitors, March 4, 2002. 81

“Same terror different law in Gujarat” Indian Express February 22, 2002.


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police inspector, KK Mysorewala. The judge has said that “statements of witnesses recorded

by the previous investigator were unreliable as the investigator’s propriety in recording the

statements had itself been rebutted.” According to Mr. Mysorewala and other police PW, the

mob was of 10000 to 15000 persons, but it is astonishing that not even 10 out of the 10000

were arrested. The question remains as to why the stone-palters were not arrested then and

there?

“This court believes and has held that the previous investigation is not reliable mainly as far

as recording the statements is concerned,”82

the judge has stated in her verdict. Regarding

Mysorewala, the court said the police officer had not paid due attention to the guidance and

oral instructions given on February 27, 2002 by higher officers regarding preventive steps to

be taken. “Not a single such step was taken,” the court said.83

“Two incidents of burning Muslim shops on that day should have been taken as signals of the

series of horrifying and terrifying incidents to occur, but nothing was noted by him. Even no

police point was arranged at the place near the wall of Jawan Nagar and where the Muslim

chawls known as Jawan Nagar begin,”84

. The judge further said that complaints were

registered after the two shops of Muslims were burnt but no proper and detailed investigation

was done and no one was arrested.85

Kodnani has been punished for inciting the mobs that participated in the killing of 97

persons86

and causing injuries to many others. Bajrangi was caught on camera in a sting

operation by the Tehelka magazine brazenly and chillingly describing how he led a mob

killing, burning, raping and maiming Muslims.87

In that interview, Bajrangi also claimed that

Chief Minister Narendra Modi allowed him to initially hide from the law and later got him

released on bail.88

The Naroda Patiya case is one of eight cases where the Supreme Court, in response to

petitions filed by the National Human Rights Commission (NHRC) and the Citizens for

82

Id. 83

Id. 84

Id. 85

Id. 86

Naroda Patiya Judgement SESSIONS CASE NO.235 OF (2009) by .J. Jyotsna Yagnik 87

Id. 88

“Narendra Modi and the rise of India’s neo-fascist Far-Right: The facts”. Loonwatch , Arpil 1 2014


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Justice and Peace,89

had in 2008/200990

ordered the formation of a Special Investigation

Team (SIT)91

, the framing of supplementary charges,92

and the establishment of fast track

courts to hear cases on a day-to-day basis. Of those eight cases (which included the Godhra

train deaths93

), trials have resulted in convictions in six94

; the two remaining are the Naroda

Gaon and the terrible Gulberg Society cases.

“This job could also have been assigned to some subordinate by KK Mysorewala but he

remained inactive as emerges on record,” the judge said.95

89

“The Supreme Court directive to the Special Investigation Team adds a qualitative dimension to the Gujarat

riots cases.” Frontline Volume 27 - Issue 05 :: Feb. 27-Mar. 12, 2010 90

SC accepts NHRC plea. The Hindu Tuesday, july 09, 2002 91

Set up by an order given by Supreme Court 92

2002 Trials Struggle for Justice, Citizen for Justice and Peace, July 23 2012 93

Sabarmati express burned on 27/02/2002 94

Major conviction was of holding former BJP ministers Maya Kodnani, Babu Bajrangi and 30 others guilty. 95

Naroda Patiya Judgement SESSIONS CASE NO.235 OF (2009) by .J. Jyotsna Yagnik


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CONCLUSION:

This paper was undertaken to look into the action taken by the criminal justice system of

India and Gujarat government to investigate and interrogate on the mass human rights

violation and how the arrest and conviction were undertaken. It is found that any procedure

laid in the Code of Criminal procedure is hardly followed. Everything that happened in

Gujarat 2002 riots was an aftermath of the incident that took place in Godhra station on 27th

of February, 2002. And it is my personal opinion that whatever had happened in the said later

incident of Sabarmati train burning was an aftermath of what happened in 1992 in Ayodhya.

In these time line most of the attack was on Muslim community. Even the police official was

made blind folded. The approach of the administration was also very unreasonable, as the

CM of Gujarat too made it clear that these riots are an aftermath of what happened in Godhra.

The only policy the culprits had was attack on Muslims and their property. There was a mass

destruction in the given timeline. Even the conviction rates were very low until Supreme

Court stepped in. Conviction of ex MLA was the major step towards justice to the victims.

This is treated as the most horrifying pictures in Indian history.


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BIBLIOGRAPHY:

ARTICLE:

Twenty years of impunity: the November 1984 pogroms of Sikhs in India (2nd Ed.).

Social and Economic Issues in India.

Ram Manohar Lohia and His Tackling of Caste Issue.

Prevention Of Communal And Targeted Violence Criminology

Human Rights Watch, We Have No Orders to Save You: State Participation and

Complicity in Communal Violence in Gujarat, (New York: Human Rights Watch,

April 2002),

DISCOURAGING DISSENT: Intimidation and Harassment of Witnesses, Human

Rights Activists, and Lawyers Pursuing Accountability for the 2002 Communal

Violence in Gujarat

Godhra: The Verdict Analysed by nita ramakrishnan Economic and Political Weekly

Indian Social Institute's records on Communal Riots in India

DOCUMENT - INDIA: JUSTICE, THE VICTIM - GUJARAT STATE FAILS TO

PROTECT WOMEN FROM VIOLENCE.

NHRC Report Situation in Gujarat.

NEWS PAPER:

India: The incredible courage of Gujarat's Bilkis Bano, gang-raped, witness to

murder, vindicated, The Hindu Jan 27, 2008

Crime and Complicity, Frontline June 4, 2004.

Mass Human Rights Violation in Gujarat Riots 2002

Documents

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