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
June 9,2020

Jun 9: Prime Minister Narendra Modi wants all 1.3 billion Indians to be “vocal for local” — meaning, to not just use domestically made products but also to promote them. As an overseas citizen living in Hong Kong, I’m doing my bit by very vocally demanding Indian mangoes on every trip to the grocery. But half the summer is gone, and not a single slice so far.

My loss is due to India’s COVID-19 lockdown, which has severely pinched logistics, a perennial challenge in the huge, infrastructure-starved country. But more worrying than the disruption is the fruity political response to it. Rather than being a wake-up call for fixing supply chains, the pandemic seems to be putting India on an isolationist course. Why?

Granted that the liberal view that trade is good and autarky bad isn’t exactly fashionable anywhere right now. What makes India’s lurch troublesome is that the pace and direction of economic nationalism may be set by domestic business interests. The Indian liberals, many of whom are Western-trained academics, authors and — at least until a few years ago — policy makers, want a more competitive economy. They will be powerless to prevent the slide.

Modi’s call for a self-reliant India has been echoed by Home Minister Amit Shah, the cabinet’s unofficial No. 2, in a television interview. If Indians don’t buy foreign-made goods, the economy will see a jump, he said. The strategy — although it’s too nebulous yet to call it that — has a geopolitical element. A military standoff with China is under way, apparently triggered by India’s completion of a road and bridge near the common border in the tense Himalayan region of Ladakh. It’s very expensive to fight even a limited war there. With India’s economy flattened by COVID, New Delhi may be looking for ways to restore the status quo and send Beijing a signal.

Economic boycotts, such as Chinese consumers’ rejection of Japanese goods over territorial disputes in the East China Sea, are well understood as statecraft. In these times, it’s not even necessary to name an enemy. An undercurrent of popular anger against China, the source of both the virus and India’s biggest bilateral trade deficit, is supposed to do the job. But is it ever that easy?

A hastily introduced policy to stock only local goods in police and paramilitary canteens became a farcical exercise after the list of banned items ended up including products by the local units of Colgate-Palmolive Co., Nestle SA, and Unilever NV, which have had significant Indian operations for between 60 and 90 years, as well as Dabur India Ltd., a New Delhi-based maker of Ayurveda brands. The since-withdrawn list demonstrates the practical difficulty of bureaucrats trying to find things in a globalized world that are 100% indigenous.

Free-trade champions fret that the prime minister, whom they saw as being on their side six years ago, is acting against their advice to dismantle statist controls on land, labor and capital to help make the country more competitive. Engage with the world more, not less, they caution. But Modi also has to satisfy the Rashtriya Swayamsevak Sangh, the umbrella Hindu organisation that gets him votes. Its backbone of small traders, builders and businessmen — the RSS admits only men — was losing patience with the anemic economy even before the pandemic. Now, they’re in deep trouble, because India’s broken financial system won’t deliver even state-guaranteed loans to them.

The U.S.-China tensions — over trade, intellectual property, COVID responsibility and Hong Kong’s autonomy — offer a perfect backdrop. A dire domestic economy and trouble at the border provide the foreground. Big business will dial economic nationalism up and down to hit a trifecta of goals: Block competition from the People's Republic; make Western rivals fall in line and do joint ventures; and tap deep overseas capital markets. The first goal is being achieved with newly placed restrictions on investment from any country that shares a land border with India. The second aim is to be realized by corporate lobbying to influence India's whimsical economic policies. As for the third objective, with the regulatory environment becoming tougher for U.S.-listed Chinese companies like Alibaba Group Holding Ltd., an opportunity may open up for Indian firms.

All this may bring India Shenzhen-style enclaves of manufacturing and trade, but it will concentrate economic power in fewer hands, something that worries liberals. They’re moved by the suffering of India’s low-wage workers, who have borne the brunt of the COVID shutdown. But when their vision of a more just society and fairer income distribution prompts them to make common cause with the ideological Left, they’re quickly repelled by the Marxist voodoo that all cash, property, bonds and real estate held by citizens or within the nation “must be treated as national resources available during this crisis.” Who will invest in a country that does that instead of just printing money?

At the same time, when liberals look to the business class, they see a sudden swelling of support for ideas like a universal basic income. They wonder if this isn’t a ploy by industry to outsource part of the cost of labor to the taxpayer. Slogans like Modi’s vocal-for-local stir the pot and thicken the confusion. The value-conscious Indian consumer couldn’t give two hoots for calls to buy Indian, but large firms will know how to exploit economic nationalism. One day soon, I’ll get my mangoes — from them.

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Agencies
February 5,2020

New Delhi, Feb 5: Following is the chronology of events in the 2012 Nirbhaya gang rape and murder case in which the Delhi High Court on Wednesday said the all the four convicts have to be hanged together, not separately.

- Dec 16, 2012: Paramedical student gang-raped and brutally assaulted by six men in a private bus and thrown out of the moving vehicle along with her male friend. The victims admitted to Safdarjung Hospital.

- Dec 17: Widespread protests erupt demanding stringent action.

- Police identify the accused - bus driver Ram Singh, his brother Mukesh Kumar, Vinay Sharma and Pawan Gupta.

- Dec 18: Ram Singh and three others arrested.

- Dec 20: Victim's friend testifies.

- Dec 21: A delinquent juvenile nabbed from Anand Vihar bus terminal in Delhi. Victim's friend identifies Mukesh as one of the culprits. Police conduct raids in Haryana and Bihar to nab the sixth accused, Akshay Kumar.

- Dec 21-22: Akshay arrested in Aurangabad district of Bihar and brought to Delhi. Victim records statement before the SDM in hospital.

- Dec 26: Following a cardiac arrest, victim flown to Singapore's Mount Elizabeth Hospital by the government.

- Dec 29: Victim succumbs to injuries and other medical conditions. Police add murder charge in the FIR.

- Jan 2, 2013: The then Chief Justice of India Altamas Kabir inaugurates fast track court (FTC) for speedy trial in sexual offence cases.

- Jan 3: Police file charge sheet against five adults accused of murder, gang-rape, attempt to murder, kidnapping, unnatural offences and dacoity.

- Jan 17: FTC starts proceedings against the five adult accused.

- Jan 28: Juvenile Justice Board (JJB) says minority of the juvenile accused is proved.

- Feb 2: FTC frames charges against five adult accused.

- Feb 28: JJB frames charges against the minor.

- Mar 11: Ram Singh commits suicide in Tihar Jail.

- Jul 8: FTC completes recording of testimonies of prosecution witnesses.

- Jul 11: Delhi High Court allows three international news agencies to cover the trial in the case.

- Aug 22: FTC begins hearing final arguments in trial against four adult accused.

- Aug 31: JJB convicts the minor for gang-rape and murder and awards three-year term at probation home.

- Sep 3: FTC concludes trial. Reserves verdict.

- Sep 10: Court convicts Mukesh, Vinay, Akshay, Pawan of 13 offences including gang-rape, unnatural offence and murder of the girl and attempt to murder her male friend.

- Sep 13: Court awards death penalty to all 4 convicts.

- Sep 23: HC begins hearing the convicts' death sentence reference sent to it by the trial court.

- Jan 3, 2014: HC reserves verdict on convicts' appeals.

- Mar 13: HC upholds death penalty to the 4 convicts.

- Mar 15: SC stays execution of 2 convicts, Mukesh and Pawan, after they file appeals. Later, stays execution of other convicts also.

- Apr 15: SC directs police to produce the dying declaration of the victim.

- Feb 3, 2017: SC says it would hear afresh the aspect of awarding death penalty to the convicts.

- Mar 27: SC reserves verdict on their appeals.

- May 5: SC upholds death penalty to four convicts, says the case falls under the category of 'rarest of rare' and the offence created "tsunami of shock".

- Nov 8: Mukesh, one of the four death row convicts in the case, moves SC seeking review of its verdict upholding the capital punishment awarded to him.

- Dec 12: Delhi Police opposes Mukesh's plea in SC.

- Dec 15: Convicts Vinay Sharma and Pawan Kumar Gupta move SC for review of its verdict.

- May 4, 2018: SC reserves order on review plea of Vinay and Pawan.

- Jul 9: SC dismisses review pleas of three convicts.

- Feb, 2019: Victim's parents move Delhi court for issuance of death warrants of the four convicts

- Dec 10, 2019: Akshay moves plea in SC seeking review of his death penalty.

- Dec 13: Victim's mother moves SC opposing review plea of convict

- Dec 18: SC dismisses Akshay's review plea.

- Delhi govt seeks death warrants for execution of death sentence to the 4 convicts

- Delhi court directs Tihar authorities to issue notice to convicts to avail their remaining legal remedies.

- Dec 19: Delhi HC dismisses plea of Pawan Kumar Gupta claiming he was a juvenile at the time of the offence.

- Jan 6, 2020: Delhi court dismisses complaint filed by Pawan's father seeking FIR against sole witness

- Jan 7: Delhi court orders 4 convicts to be hanged on January 22 at 7 am in Tihar jail.

- Jan 14: SC rejects curative petition of Vinay and Mukesh Kumar.

Mukesh files mercy petition before President

- Jan 17: President Ram Nath Kovind rejects mercy plea of Mukesh.

- Trial court issues death warrants again with execution date as February 1, 6 am.

- Jan 25: Mukesh moves SC against rejection of mercy plea.

- Jan 28: SC hears arguments, reserves verdict

- Jan 29: Convict Akshya Kumar approaches SC with curative petition

- SC rejects plea of Mukesh challenging rejection of his mercy plea.

- Jan 30: SC dismisses curative plea of Akshay Kumar Singh.

- Jan 31: SC dismisses plea filed by Pawan seeking review of its order rejecting his juvenility claim.

- Delhi court again postpones execution of the black warrants till further order.

- Feb 1: Centre moves HC against the trial court order.

- Feb 2: HC reserves judgement on Centre's plea.

- Feb 5: HC dismisses Centre plea against trial court order; says all 4 convicts have to be hanged together. It directs the convicts to pursue all legal remedies within a week, failing which the authorities ordered to take action in accordance with law.

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News Network
January 18,2020

Jan 18: Days after the arrest of Deputy SP Davinder Singh along with two Hizbul Mujahideen terrorists, Shiv Sena on Saturday questioned the role of police in the Kashmir Valley.

"Cross border infiltration is ongoing in Kashmir. But the police machinery is being used to help the terrorists in Kashmir to safely cross the border (to Pakistan) and a President's medal awarded Deputy SP was arrested for doing so. In Kashmir (it seems), the government is using the police for some other purposes, what will the country's Home Ministry say if somebody has a doubt in connection with the Pulwama attacks," Sena mouthpiece, Saamna, read.

This was in reference to the incident in which Jammu and Kashmir police intercepted a vehicle on Sunday and arrested DySP Davinder Singh along with two top Hizbul Mujahideen terrorists, who were travelling together.

The Sena mouthpiece asserted that the impact and acceptance of the Centre removing Article 370 should be visible "through the people" during the upcoming Republic Day celebrations.

"Jammu and Kashmir is now a Union Territory. It is being ruled by the Centre through President's Rule. The government had removed Article 370 in a historic decision...The joy and excitement in the people over the removal of 370 should be visible in the Republic Day celebrations this time. The tricolour should be seen flying over all houses in Kashmir, it is the least that can be expected," it added.

The Sena mouthpiece further said that with the arrest of terrorists in the recent days, it hoped that "Republic Day will be celebrated safely in Delhi, Jammu and Kashmir".

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