SIT rejects amicus curiae's observations against Modi

May 10, 2012

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Ahmedabad, May 10: The Supreme Court-appointed Special Investigation Team has totally disagreed with the observations of amicus curiae Raju Ramachandran, and said no case can be made out against Gujarat Chief Minister Narendra Modi in connection with the 2002 communal riots under any of the Sections of the Indian Penal Code mentioned by him.

Mr. Ramachandran, in his report, which formed part of the SIT closure report submitted in the Ahmedabad metropolitan court, observed that prima facie offences under Sections 153 A (1)(a) and (b), 153 B (1)(c), 166 and 505 (2) of the IPC could be made out against Mr. Modi for his alleged “instructions” to police officers to “go soft on the Hindu rioters” and his subsequent role in handling the riots and alleged offensive media statements that could have contributed to instigating violence.

Giving point-by-point answers to all observations made by the amicus curiae after investigating the charges, as directed by the Supreme Court, the SIT said: “The offences under the aforesaid sections of law are not made out against Mr. Modi.” The report signed by the investigation officer in the Zakia Jafri petition case, Deputy Commissioner of Police Himanshu Shukla, said, “in the light of the aforesaid facts, a closure report in being submitted for favour of perusal and orders.”

(Ms. Jafri, wife of the slain former Congress MP Ahesan Jafri, levelled serious charges against Mr. Modi and 62 others in connection with the communal riots.)

The SIT dismissed as “false and fabricated documents” two “fax messages” claimed to have been sent by the suspended IPS officer Sanjiv Bhatt, who was then Deputy Commissioner in the State intelligence branch, to the Chief Minister and Minister of State for Home Gordhan Jhadafiya, with copies to the Ahmedabad Police Commissioner, the State police control room and others, alerting them about the developing communal situation.

The “fax messages,” which claimed that the Chief Minister was informed in advance of the tension building up in Gulberg Society and that the city Police Commissioner was informed of the need for advanced preparations for possible communal repercussions in view of the government's decision to bring the bodies of the victims of the Godhra train carnage to Ahmedabad, were cited as examples of “dereliction of duty” on the part of the Chief Minister, his Cabinet colleagues and the senior police officers.

Concocted fax messages

The SIT found that no such fax messages ever existed and that these were concocted by Mr. Bhatt at a much later stage and the signatures of his superior officers were forged. Neither those claimed to be recipients nor the purported senders in the State or city police control rooms or the control room of the Home Ministry remembered anything about receiving or sending any such message. Office records did not show the existence of any such message and there also was no mention of the numbering of these messages in the subsequent official messages, which normally was the practice.

The SIT report pointed out that Mr. Bhatt himself did not mention about the existence of these messages in any of the affidavits or statements he had filed before numerous authorities all these years. For the first time, he produced a “copy” of the messages before the G. T. Nanavati-Akshay Mehta Judicial Enquiry Commission in December last and subsequently before the SIT in January this year.

Pointing out that Mr. Bhatt did not mention about the fax messages when SIT official A. K. Malhotra questioned him in connection with the Zakia Jafri petition in 2009, nor during the investigation by Mr Shukla in 2010, the SIT report said: “The oral and documentary evidence available on record would therefore conclusively prove that these fax messages now produced by Mr. Bhatt have been fabricated subsequently with an ulterior motive. No reliance can, therefore, be placed upon both these fax messages.” The SIT virtually exonerated the then Police Commissioner, P. C. Pande, his deputies M. K. Tandon and P. B. Gondia and some other police officers of the charge of dereliction of duty, and said the investigation proved that they had tried to curb the riots to the best of their ability given the limited resources available at their command to deal with the rapidly deteriorating situation. When the police arrived at any scene of riot, “the violent mobs hid themselves in lanes and bylanes and regrouped and resumed violence” as soon as the police left to attend another complaint. The SIT said it was not possible to withdraw the entire police force from the known communally sensitive areas for deployment in areas like Gulberg Society or Naroda-Patiya which had no communal history in the past.

Appreciation for Pande's role

The SIT appreciated the role played by Mr. Pande in dismissing a mob which was attempting to set fire to a dargah adjacent to the Police Commissioner's office. It pointed out that Mr. Pande heard some noise when he was in the office in the afternoon of February 28, 2002, and came to know that a mob was trying to vandalise the dargah. With the available police force by then dispatched to Gulberg Society, he took only an armed guard and succeeded in chasing away the violent mob and saved the dargah.

The SIT report, giving details of the roles played by different police officers and how they attempted to handle the situation, said there was no indication that the police were given any instruction from the higher-ups not to act or leave the affected areas to the mercy of the riotous mobs.

About the observation by the amicus curiae that the then Vishwa Hindu Parishad State general secretary Jaideep Patel being “handed over” bodies of the train carnage victims for transport to Ahmedabad was indicative of an instruction having come from “somebody very high,” the SIT pointed out that all through the journey by road from Godhra the five trucks which carried the bodies were accompanied by the police officers concerned and handed over to the police officers in charge at the Sola civil hospital in Ahmedabad. As the bodies were those of VHP kar sevaks, Mr Patel was allowed to accompany the police during the journey. The then Godhra mamlatdar and executive magistrate, M. L. Nalvaya, “erroneously” prepared the handing over papers in the name of Mr. Patel, for which the SIT recommended departmental action against him. But there was nothing to show that Mr. Modi had ordered the “handing over” of the bodies to Mr. Patel.

The SIT also dismissed Mr. Ramachandran's observations about “positioning of the two Cabinet Ministers at the instruction of Mr. Modi” in the State and the city police control rooms with the intention of interfering with the police functioning, and said its investigation proved that late Ashok Bhatt did not visit the city police control room except briefly on March 1 to pick up the then Defence Minister, George Fernandes, who was discussing with the City Police Commissioner deployment of the Army. The then Urban Development Minister did visit the State police headquarters in Gandhinagar for about a couple of hours on February 28, but was made to sit in an empty cabin and he never entered the control room. “There is no proof that they were either acting at the instruction of the Chief Minister or had even once interfered with the police functioning.”

Charges not substantiated

The report said the allegations of Mr. Modi making provocative statements over the media could not be substantiated. The allegation of his having told Zee TV in an interview that the Gulberg Society massacre was the “result of the provocative firing from inside” by Ahesan Jafri could not be established as the channel, despite several reminders, did not produce the CD of the recording. The second instance of The Times of India quoting him on Newton's theory of action and reaction to justify the riots as a reaction to the Godhra train carnage was also found baseless. The State Information Department promptly issued a denial that Mr. Modi did not speak to The Times of India at all and the newspaper was forced to carry the denial, though deliberately in an obscure corner, the SIT said.

It also dealt with the alleged “shoddy” handling of the post-riot situation by the government under Mr. Modi, and said action was recommended against the officers responsible for inaccurate police investigations or the alleged “political appointments” of special public prosecutors to handle the riot-related cases.

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News Network
August 8,2020

New Delhi, Aug 8: The Union Health Secretary Rajesh Bhushan on Friday directed the governments of four states -- Gujarat, Karnataka, Tamil Nadu, and Telangana, to analyse the factors driving the high COVID-19 mortality and devise ways and means to reduce the mortality.

Apart from the higher case mortality, these states account for 17 per cent of India's active cases, high daily new cases, low tests per million, and high confirmation percentage.

In a high-level virtual meeting, Bhushan advised state administrations to adhere to measures suggested by central advisories and guidelines to prevent and reduce mortality due to coronavirus infection.

According to the health ministry, 16 districts in these four states are reporting maximum virus fatalities. It includes -- Ahmedabad and Surat in Gujarat; Belagavi, Bengaluru urban, Kalaburagi and Udupi in Karnataka; Chennai, Kanchipuram, Ranipet, Theni, Thiruvallur, Tiruchirappalli, Tuticorin and Virudhnagar in Tamil Nadu; and Hyderabad and Medchal-Malkajgiri in Telangana respectively.

"The districts were advised to ensure that the advisories, guidelines and clinical treatment protocols issued by the Health Ministry are adopted and effectively implemented to reduce the mortality among COVID-19 patients and other preventable deaths among all sections of the people, particularly those with co-morbidities, pregnant women, the elderly and children," said the health ministry official.

"States were advised to ensure optimum capacity utilization of testing labs, increase tests per million population and reduce confirmation percentage, in addition to ensuring timely availability of ambulances with target zero refusal," the official further said.

"States were also advised to analyze availability and need for projected beds and oxygen, and plan in a timely manner. States and district administration have also been advised to ensure good infection prevention and control practices to control infection in the healthcare workers," said the official.

Principal Secretary (Health) and MD (NHM) from the four States along with district surveillance officers, district collectors, commissioners of the municipal corporation, Chief Medical Officers, and Medical Superintendent of Medical Colleges participated in the meeting.

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Agencies
July 7,2020

New Delhi, Jul 7: The University Grants Commission (UGC) has issued revised guidelines regarding the conduct of terminal semesters and final year exams by Universities and educational institutions. It has been suggested that exams may be completed by September in online or offline modes.

Releasing a statement, the UGC said it accepted the recommendations suggested by the expert committee. "In continuation to earlier Guidelines issued on 29.04.2020 and based on the Report of the Expert Committee, the UGC Revised Guidelines on Examination and Academic Calendar for the Universities in view of COVID-19 Pandemic were also approved by the Commission in its emergent meeting held on 6th July 2020," the statement read.

The Commission further said that while it was important to safeguard principles of health, safety and equal opportunities, it was also very important to ensure academic credibility, career opportunities and future progress of students.

"The Commission approved the recommendations of the Expert Committee regarding the conduct of terminal semester(s)/ final year(s) examinations by the universities/ institutions to be completed by the end of September 2020 in offline (pen & paper online/ blended (online + offline) mode," it added.

The UGC also said that if required it would also issue relevant details related to admissions and academic calendar in the universities and colleges. It asked the students to adopt the latest guidelines and complete the terminal semester or final year exams accordingly. 

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News Network
May 25,2020

New Delhi, May 25: Realtors' apex body CREDAI has written a letter to Prime Minister Narendra Modi, seeking immediate relief measures to tide over the crisis caused by the COVID-19 pandemic.

The association, which has around 15,000 developer members, has sought one-time debt restructuring, lower interest rate on home loans and tax sops to boost liquidity and demand in the sector.

In an open letter to the prime minister, the Confederation of Real Estate Developers' Associations of India (CREDAI) said, "In this distressful situation arising out of the COVID-19 calamity, we in the real estate sector seek immediate relief for our survival."

Stating that the sector contributes substantially to the country's GDP and has backward and forward linkages with almost 250 industries, CREDAI said, "Our survival, therefore, is not just desirable, it is rather crucial for the economy."

Liquidity crunch, stagnant demand and cartelization of raw materials are major impediments for the industry to kickstart, it added.

CREDAI made seven recommendations to revive the sector and sought immediate intervention from the prime minister.

Pointing out that the situation is "much worse" than global financial crisis in 2008, CREDAI said "a one-time restructuring scheme as was permitted by RBI in 2008 may be quickly instituted by all lending institutions."

Since real estate was already reeling under a cyclical downturn before COVID-19, debt restructuring needs to be allowed for all accounts which were standard as on December 31, 2019, it added.

CREDAI demanded that all banks, non-banking financial companies (NBFCs) and housing finance companies (HFCs) should be directed to provide additional credit equal to 20 per cent of the existing real estate project related advances with no additional security and without the classification of project as NPA.

The penal interest charged by banks and financial institutions should be suspended for a period of one year or until such time as it takes for the pandemic to abate.

To revive housing demand, CREDAI suggested that "government should reduce the maximum rate of interest on new home loans to 5 per cent by subsidizing the interest component of EMIs for next five years."

The limit of principal deduction on housing loan under Section 80C should be increased to 2.5 lakh.

Interest deduction under Section 24 on housing loan for homebuyers may be increased to Rs 10 lakh, it said.

There should be no capital gains for residential properties held for a period longer than one year.

CREDAI also demanded that the subvention scheme be allowed again by National Housing Bank (NHB) and the Reserve Bank.

Under the scheme, builders used to pay EMIs on behalf of homebuyers during construction of projects.

"The economic uncertainty and job insecurity at the moment would not allow purchase of residential property at this time. A scheme whereby a homebuyer would need to pay only margin money with no EMI for 24 months will address this insecurity," the letter said.

The association pointed out that prices of cement and steel have been increased during the lockdown period, and asked for crackdown on cartelisation by manufacturers.

On the GST front, CREDAI said that the current regime of GST provides a rate of 1 per cent  for affordable housing.

"The limit of Rs 45 lakh serves as a criterion of affordability for the purpose of GST. On all other housing, GST is applied at the rate of 5 per cent without input tax credit. It has been felt that the criterion of Rs 45 lakh is too low an index of affordability anywhere across the country, and especially so in the metros," the letter said.

It will serve as an inducement to buyers in the metros if the benefit of GST at the rate of 1 per cent is extended to units costing up to Rs 75 lakh, the association said.

CREDAI pointed out that the flat rate of 5 per cent GST for under construction residential housing is causing cost build up and is acting as a deterrent for sale of under construction projects since there is no GST on completed units.

It suggested that GST rate of 1 per cent and 5 per cent, without input tax credit, should continue.

"However, an option of GST @12 per cent for normal housing/ 8 per cent for affordable housing (with 1/3rd deduction for land i.e. effective GST rate of 8 per cent for normal housing and effective GST rate of 5 per cent for affordable housing) with input tax credit (ITC) benefits in line with the scheme applicable for the works contracts for government may be revived and made applicable to the real estate," the letter said.

Lastly, CREDAI demanded that a Rs 25,000 crore stress fund for completing stalled housing projects should be deployed at the earliest.

"We shall be grateful for your much-needed intervention for the above mentioned measures required to revive the real estate sector," CREDAI said in the letter to the PM.

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