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
July 14,2020

Kathmandu, Jul 14: After staking claim to Indian territories of Lipulekh-Kalapani in  a new controversial map,  Nepal Prime Minister KP Sharma Oli on Monday claimed that Ayodhya, the birthplace of Lord Rama, is in Nepal and Lord Rama was Nepali.

“Although real Ayodhya lies at Thori, city in the west of Birgunj, India has claimed that Lord Rama was born there. Due to these continuous claims, even we have believed that deity Sita got married to Prince Rama of India. However, in reality, Ayodhya is a village lying west of Birgunj,” Oli claimed at an event organised at Prime Minister's residence in Kathmandu.

The Prime Minister also blamed India of cultural encroachment by “creating a fake Ayodhya.”

“Balmiki Ashram is in Nepal and the holy place where King Dashrath had executed the rites to get the son is in Ridi. Dashrath’s son Ram was not an Indian and Ayodhya is also in Nepal,” he claimed.

In an attempt to save self from criticism, Oli questioned how Lord Rama could come to Janakpur to marry Sita when there were "no means" of communication. He further said that it to be impossible for Lord Rama to come to Janakpur from present Ayodhya that lies in India.

“Janakpur lies here and Ayodhya there and there is talk of marriage. There was neither telephone nor mobile then how could he know about Janakpur,” Oli said.

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Ahmed Ali Kulai
 - 
Tuesday, 14 Jul 2020

New controversy

 
BJP got next election Muddah

Farhan
 - 
Tuesday, 14 Jul 2020

Ab Ram Mandir Kaha Banega???

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Agencies
June 6,2020

New Delhi, Jun 6: Bookings for select destinations in the USA, Canada, UK and Europe etc under Phase3 of Mission Vande Bharat opened at 5 pm on Friday, according to Air India.

"#FlyAI: Bookings for select destinations in USA, Canada, UK & Europe etc under Phase3 of #MissionVandeBharat opened at 5pm today. Around 60 million hits received till 7pm on our website & 1700 seats sold through website alone in 2 hrs. Bookings continue & tickets are being issued," the national carrier said in a tweet on Friday.

The third phase of the mission will begin from June 11 and continue till June 30.

Air India will operate five flights in the third phase of Vande Bharat Mission to evacuate almost 1,200 Indians nationals stranded in the United Kingdom between June 18 to June 23.

Air India will operate 70 flights in the third phase of Mission Vande Bharat to evacuate Indians stranded in the US and Canada between June 11 to June 30, Civil Aviation Minister Hardeep Singh Puri had said. 

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News Network
June 18,2020

New Delhi, Jun 18: With the highest single-day increase of 12,881 COVID-19 cases reported in the last 24 hours, India's coronavirus count has reached 3,66,946 on Thursday.

This includes 1,60,384 active cases and 1,94,325 cured, discharged and migrated patients, according to the Union Health and Family Welfare Ministry.

Meanwhile, with 334 deaths being reported due to the infection, the toll due to the virus stands at 12,237 in the country.

There is a big increase in the number of confirmed cases in the country today as compared to the recent days when the spike had been limited to under 11,000 cases.

Maharashtra with 1,16,752 cases continues to be the worst-affected state in the country with 51,935 active cases while 59,166 patients have been cured and discharged in the state so far. The toll due to COVID-19 stands at 5,651 in the state.

The number of confirmed cases in Tamil Nadu also crossed the 50 thousand mark on Thursday and reached 50,193. The national capital is the third-worst affected by the infection in the country with the count reaching 47,102 today.

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