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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Agencies
February 12,2020

New Delhi, Feb 12: Delhi Chief Minister-designate Arvind Kejriwal was on Wednesday elected as the leader of AAP legislative party, a day after he led the party to an emphatic victory in the Delhi Assembly elections.

Kejriwal was elected as the AAP legislative party leader during a meeting called by him with the newly-elected party MLAs. The meeting was held at the AAP chief's residence.

Atishi, AAP's winning candidate from Kalkaji constituency said after the meeting, "It is definitely a validation of the work that has been done by AAP in the last five years, be it education, health care, water or electricity."

Kejriwal is slated to take oath as the Delhi Chief Minister for the third time at Ramlila Maidan on February 16.

AAP galloped to a landslide victory by winning 62 of the 70 seats in the Delhi Assembly elections in the face of a high-voltage campaign by the BJP, which fielded a battery of Union Ministers and Chief Ministers in its electioneering, spearheaded by Home Minister Amit Shah.

The BJP marginally improved its tally, managing just eight seats from its 2015's tally of three seats. The Congress, which drew a blank in the previous elections, failed to open its account yet again.

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Agencies
May 19,2020

Ahmedabad, Nay 19: Over 2,200 Indian nationals stranded in the UK due to the coronavirus related international travel restrictions have been flown back home during the first phase of India's biggest ever repatriation exercise, according to official figures.

Since the first special Air India flight took off from London’s Heathrow Airport for Mumbai on May 8, there have been eight routes to different Indian cities from the UK for Indian students and tourists.

Indian nationals were flown home to the cities of Mumbai, New Delhi, Bengaluru, Chennai and Ahmedabad.

“We have facilitated repatriation of 2,288 Indians stranded in the UK through eight Air India flights till 17 May. Vande Bharat Mission continues to get Indians home,” said the Indian High Commission in London.

The Vande Bharat Mission is India’s biggest ever repatriation exercise to bring back Indians from abroad who are unable to travel home due to COVID-19 related international travel restrictions.

As the second phase of the repatriation process gets underway, retired Indian High Commissioner to the UK Ruchi Ghanashyam will be among the Indians flying back to New Delhi on Thursday.

“It has been such a hectic period, but I hope to return to the UK to say goodbyes in person sometime in the future,” Ghanashyam said during a virtual farewell organised by the Indian Journalists’ Association (IJA UK) on Monday.

As the packed flights take off daily, there are some still desperately waiting their turn, including those wanting to fly to some cities that are yet to be scheduled, including Kolkata.

“I have two young daughters, elderly parents, and a wife back at home. There is no way to return to Kolkata. I am worried for my parents,” says Suvendu, who came to the UK for work but recently lost his job.

“I am really surprised there are no Kolkata flights yet, but I am hoping they will be announced in the future,” adds Dr Arpita Ray, whose father needs to fly back home.

Another group waiting their turn to return home to their families in India includes students in the Overseas Citizen of India (OCI) category, which remains suspended in India’s extended COVID-19 lockdown.

According to the regulations issued by the Indian government last month and updated last week, visas of foreign nationals and OCI cards, that provide visa-free travel privileges to the people of Indian-origin, have been suspended as part of the new international travel restrictions following the COVID-19 pandemic.

“Our plight is no different from the struggles being faced by Indian students who hold Indian passports – India is home for all us,” says Tridip, an undergraduate at SOAS University of London.

“Yes, air travel at this point of time may be a risk but we are of course ready to take all precautionary measures and undergo the mandatory quarantine period upon arrival in India," adds the 18-year-old.

“Having lived in India for the greater part of my life, India is home to me as much as it is to an Indian citizen, and just as any Indian citizen wishes for the comfort of home and family, so do I. I can only hope that the government reviews its policy on OCI holders and appeal to them to include us in their repatriation plans," says Atulit, an under-graduate student at Imperial College London.

Bianta, a student at Bangor University in Wales, adds: “Along with all of the mental stress, financially the UK is too expensive. In the coming weeks my rental agreement will expire, after which I will have nowhere to go.

“I cannot continue funding myself here in the UK as I only planned to be here till May marking the end of my course. Please help us get home. The colour of my passport does not define where my home is."

As all commercial international flights continue to be grounded, the second phase of the Vande Bharat Mission with a total of 149 flights is aimed at bringing back Indians from 40 countries. On landing in India, these travellers have a 14-day quarantine requirement at venues organised by the respective state governments. 

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Agencies
June 26,2020

New Delhi, Jun 26: Congress president Sonia Gandhi on Friday said the central government cannot shirk its responsibility of securing our borders with China and asked Prime Minister Narendra Modi to take the nation into confidence on the situation in Ladakh.

In a video message put out as part of the Congress party's campaign to honour the Army personnel who sacrificed their lives in Ladakh, she asked why the country's soldiers were martyred when China has not captured any Indian territory, as claimed by the Prime Minister.

"Today when there is a crisis-like situation at the India-China border, the central government cannot shirk its responsibility (of securing them)," she said in a video message as part of 'SpeakUpForOurJawans' campaign.

"The country wants to know if China has not captured our land in Ladakh, as claimed by the Prime Minister, then why were our 20 soldiers martyred," she asked.

She said while the Prime Minister says there is no intrusion into Indian territory, experts after seeing satellite images talk of the presence of Chinese troops in our territory confirming the intrusions.

"When and how will the Modi government take back from China our land in Ladakh? Is our territorial integrity being violated by China in Ladakh? Will the Prime Minister take the nation in confidence on the situation at the border?" Gandhi asked.

She said the government should give full support and strength to the Army, saying "this will be true patriotism".

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