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 20,2020

New Delhi, Jun 20: Diesel price on Saturday hit a record high after rates were hiked by 61 paise per litre while petrol price was up 51 paise, taking the cumulative increase in rates in two weeks to Rs 8.28 and Rs 7.62 respectively.

Petrol price in Delhi was hiked to Rs 78.88 per litre from Rs 78.37, while diesel rates were increased to Rs 77.67 a litre from Rs 77.06, according to a price notification of state oil marketing companies.

Rates have been increased across the country and vary from state to state depending on the incidence of local sales tax or VAT.

The 14th daily increase in rates since oil companies on June 7 restarted revising prices in line with costs after ending an 82-day hiatus in rate revision, has taken diesel prices to new high. Petrol price too is at a two-year high.

Prior to the current rally, diesel rate had touched a peak of Rs 75.69 per litre in Delhi on October 16, 2018.

The highest-ever petrol price was on October 4, 2018, when rates soared to Rs 84 a litre in Delhi.

When rates had peaked in October 2018, the government had cut excise duty on petrol and diesel by Rs 1.50 per litre each. State-owned oil companies were asked to absorb another Re 1 a litre to help cut retail rates by Rs 2.50 a litre.

Oil companies had quickly recouped the Re 1 and the government in July 2019 raised excise duty by Rs 2 a litre.

The 82-day freeze in rates this year was imposed in mid-March soon after the government hiked excise duty on petrol and diesel to shore up additional finances.

The government on March 14 hiked excise duty on petrol and diesel by Rs 3 per litre each and then again on May 5 by a record Rs 10 per litre in case of petrol and Rs 13 on diesel. The two hikes gave the government Rs 2 lakh crore in additional tax revenues.

Oil PSUs Indian Oil Corp (IOC), Bharat Petroleum Corp Ltd (BPCL) and Hindustan Petroleum Corp Ltd (HPCL), instead of passing on the excise duty hikes to customers, adjusted them against the fall in retail rates that was warranted because of a decline in international oil prices to two-decade lows.

International oil prices have since rebounded and oil firms are now adjusting retail rates in line with them.

In 14 hikes, petrol price has gone up by Rs 7.62 per litre and diesel by Rs 8.28 a litre.

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News Network
May 6,2020

New Delhi, May 6: Taking a cue from states, the Centre announced one of the steepest hikes in duties on petrol and diesel in the recent past, by raising it by Rs 10 and Rs 13 per litre, respectively, in a notification issued late on Tuesday.

Retail prices, however, will see no change as the price hike will be absorbed by oil marketing companies against the fall in crude prices.

Road and infrastructure cess was hiked by Rs 8 for petrol and diesel and the special additional excise duty (SAED) was hiked by Rs 2 per litre and Rs 5 per litre, respectively. While the road cess will only go into the Centre’s coffers, the hike on account of SAED will be passed on to states via devolution at 42 per cent. Hence, the states will get only Rs 0.84 per litre in case of petrol and Rs 2.1 in case of diesel.

The decision comes after several states increased the value added tax (VAT) on petrol and diesel making use of the lower price regime. The Delhi government on Tuesday increased VAT on petrol and diesel to 30 per cent each, from 27 and 16.75, respectively. As a result, the price of petrol in Delhi increased by Rs 1.67 to Rs 71.26 a litre and diesel by Rs 7.10 to Rs 69.29 in Delhi on Tuesday.

Amid falling international crude oil prices, the Centre introduced an enabling provision in March to raise excise duty on petrol and diesel by Rs 8 per litre in the Finance Act. The government had on March 14 raised excise duty on petrol and diesel by? 3 per litre each, which was to help raise an additional ?39,000 crore in revenue annually.

This duty hike included Rs 2 a litre increase in SAED and Rs 1 in road and infrastructure cess. It raised SAED to Rs 10 for petrol and Rs 4 for diesel. The limit has now been increased to Rs 18 a litre in case of petrol and Rs 12 in case of diesel by way of amendment of the Eighth Schedule of the Finance Act.

Economists said the move would impact retail inflation by over half a percentage point at least. “With lower consumption, there was loss of revenue for Centre and states, who earn Rs 6 trillion annually or Rs 50,000 crore monthly from fuel. Amid lockdown in April, the collection must have come down to just Rs 5,000 crore, and this will hold for May.

This means that Centre and states have lost 20 per cent of annual revenue from fuel. Hence, they have hiked duties to recover losses,” said Madan Sabnavis, chief economist, CARE Ratings. He added that the hike will impact inflation by at least 0.6-0.7 percentage points.

According to industry experts, an estimate of the additional government revenue cannot be made as the consumption of petrol and diesel has dropped to 40 per cent of what it was before the lockdown. The duty hike comes following a drop in international crude oil prices in April, owing to lower consumption figures globally. At 11.50 pm on Tuesday, Brent was priced at $30.67 a barrel, while West Texas Intermediate (WTI) crude was seen at $24.36 a barrel. On Monday, the Indian basket of crude oil was priced at $23.38 a barrel, after touching a 15-year low last month.

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Agencies
January 12,2020

New Delhi, Jan 12: A fact-finding committee of the Congress on the JNU violence on Sunday said the January 5 attack inside the university campus was "state-sponsored" and recommended Vice Chancellor M Jagadesh Kumar be dismissed and criminal investigation initiated against him.

The Congress had appointed a four-member fact-finding committee to carry out a detailed inquiry into the violence at the Jawaharlal Nehru University (JNU).

Sushmita Dev, member of the committee, said the committee recommended that Kumar should be dismissed immediately and all the appointments in faculty should be probed and independent inquiry should take place.

"Criminal investigation must take place against the VC and faculty members and the security company," the Mahila Congress chief said.

"It is clear that the attack on JNU campus was state-sponsored," Dev said.

She also demanded a complete rollback of the JNU fee hike.

The other members of the fact-finding committee are Hibi Eden, MP and former NSUI president, Syed Naseer Hussain, MP and former president of JNU NSUI and Amrita Dhawan, a former NSUI president and ex-DUSU president.

On January 5 night, masked people armed with rods and sticks stormed the JNU campus and assaulted students and faculty members, and vandalised property, leaving several people injured.

Leftist outfits and the RSS-affiliated Akhil Bharatiya Vidyarthi Parishad (ABVP) blamed each other for the violence.

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