Raghavan critical of Zakia Jafri's charges

May 14, 2012

Raghavan-Zakia

Ahmedabad, May 14: Chairman of the Supreme Court-appointed Special Investigation Team R.K. Raghavan, was highly critical of the petition filed in the Supreme Court by Zakia Jafri levelling sweeping charges against Gujarat Chief Minister Narendra Modi and 62 officials and leaders for their alleged involvement in the 2002 communal riots.

Agreeing with his inquiry officer, A. K. Malhotra, who found most of the allegations baseless and unsubstantiated and gave a clean chit to Mr. Modi and most of his senior police officers in handling the riots, Mr. Raghavan said Ms. Jafri's charges made Mr. Malhotra's task difficult, as the witnesses were not prepared to speak out before the SIT.

Pointing out that Mr. Malhotra had to handle the arduous task almost single-handedly because “associating any Gujarat police officer in such a sensitive inquiry would not have been desirable,” Mr. Raghavan said another factor that caused hurdles for the inquiry officer was the “reluctance of many crucial witnesses to depose frankly and without inhibition, because the complainants had ‘mindlessly and mechanically' referred to these witnesses as ‘accused,' a branding that caused a great offence to many of the witnesses.”

Mr. Raghavan lauded Mr. Malhotra for his “outstanding work,” completing the task of inquiring into 32 allegations levelled by Ms. Jafri against Mr. Modi and 62 others within a year, examining more than 160 witnesses and checking on a large number of documents. For reasons of confidentiality, even the secretarial assistance to him was “modest:” only one person did the “scriptory work.” Besides, most of the witnesses were “non-co-operative” and intentionally delayed appearing before him. The lapse of eight years before the investigation started also caused witnesses problems in recalling the facts correctly, he said.

Mr. Raghavan, a former CBI director, submitted his comments on the findings of the inquiry in the Supreme Court on May 14, 2010, and these have formed part of the closure report the SIT submitted in an Ahmedabad metropolitan court. A copy was given to Ms. Jafri, wife of the slain former Congress MP, Ehsan Jafri, who was among the 69 killed in the Gulberg Society massacre.

Mr. Raghavan agreed with Mr. Malhotra's conclusion that the allegation that Mr. Modi issued a “directive” to police officers to “allow Hindus to vent their anger” had “not been established,” as none of the officers “definitely present” at the crucial meeting held at his residence on the night of February 27, 2002, corroborated the claim made by suspended IPS officer Sanjiv Bhatt. Mr. Bhatt was an “unreliable witness.” There was no proof that the then Minister of State for Revenue, Haren Pandya, was present at the meeting, as he had claimed before the Citizens' Tribunal.

He also agreed with the finding that the decision to bring the bodies of the victims of the Godhra train carnage to Ahmedabad was taken unanimously by all police and administrative officers and the Ministers present in Godhra that day. The then Panchamahals Collector, Jayanti Ravi, also agreed to it.

He disagreed with the complainant that it was Mr. Modi's personal decision meant to inflame the situation by “parading the bodies,” pointing out that the bodies were brought in the dead of night and disposed of in the quickest possible time the next day.

And there was nothing to substantiate the charge that two senior Ministers were “instructed” by the Chief Minister to take charge of the State and city police control rooms on February 28, 2002, when ‘Gujarat Bandh' was observed. It was “conclusively established” that the late Ashok Bhatt, who was Health Minister, and I. K. Jadeja, the then Urban Development Minister, did visit the police control rooms, but there was no evidence that they ever “interfered” with the functioning of the police, or that they were told by Mr. Modi to sit in the control rooms. But as Mr. Modi himself held the Home portfolio, it did “heighten the suspicion that the decision had his blessings.”

Mr. Raghavan disagreed that there was undue delay in summoning and deploying the Army in the riot-hit areas, or Mr. Modi deliberately “ignored” Ehsan Jafri's plea for help when the riotous mob surrounded the Gulberg Society. No records were available to corroborate the allegations, he said, agreeing with the finding that the mobile call records did not show Mr. Modi having received any call from Ehsan Jafri or anyone else in the Gulberg Society, and accepting the Chief Minister's statement that he had never known Ehsan Jafri before the incident.

Mr. Raghavan did not agree that Mr. Modi was issuing “illegal instructions” orally, as alleged by the former Additional Director-General of Police, R. B. Sreekumar, in affidavits filed before the G.T. Nanavati-Akshay Mehta Judicial Inquiry Commission. Mr. Sreekumar's personal diary in which he made entries about such “illegal oral instructions” was an “unofficial document” he was not authorised to maintain, and had no “evidentiary value whatsoever.” Besides, some of the entries in the diary were found factually incorrect. It was significant that Mr. Sreekumar revealed the existence of such a diary three years after he had opened it and only after he was superseded in promotion; he produced only a copy of the diary before the SIT.

But Mr. Raghavan said the transfer of a few police officers amid the raging riots, especially those who were claimed to have done a good job in controlling the violence, were surprising, but none of the police officers was prepared to admit that they were victimised. The Chief Minister himself admitted that he did not visit the riot-hit areas so promptly as he visited Godhra on the day of the train carnage and could not cite any specific reason for the delay. Mr. Modi had not been able to totally deny his alleged statement that private firing by Ehsan Jafri had “provoked” the Gulberg Society massacre, or his reported theory of “action-reaction” to justify the riots, but Mr. Raghavan emphasised that the undertone of all his statements was an “earnest appeal” to the people for peace. He agreed that Mr. Modi failed to give any directive to Hindu organisations against the observance of the bandh in view of the charged atmosphere.

He found that the appointment of some of the special public prosecutors for the trial of the riot-related cases was politically motivated, but said a “transparent procedure” was in place for the appointment, and it was followed by the government.

Mr. Raghavan questioned Mr. Sreekumar's “intentions” in alleging that he was “tutored” by some officials of the Chief Minister's office to give guarded statements on the riots before various probe agencies to protect Mr. Modi and his government. Mr. Sreekumar levelled the allegations not while filling the affidavits before the Nanavati-Mehta Commission, but only when he was superseded, and his junior was promoted as DGP in 2005.

Mr. Raghavan termed “incorrect and motivated” Citizens for Justice and Peace general secretary Teesta Setalvad's charge that Hindu activists conducted two meetings at Lunawada and Borwai, near Godhra, on Fabruary 27 and 28 to hatch plans for a pogrom against minorities, and that the meetings were attended by two members of Mr. Modi's Cabinet. After a thorough probe, the SIT found that the charge was “incorrect and motivated;” there was no evidence for any such meeting having taken place at all, and there was no question of any Minister having attended it.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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News Network
April 3,2020

New Delhi, April 3: With 478 cases reported in the last 24 hours, the highest spike so far, India's tally of positive coronavirus cases on Friday rose to 2,547 including 162 cured/discharged and 62 deaths, as per the latest data of the Ministry of Health and Family Welfare.

As many as 647 positive coronavirus cases have been reported so far from across 14 States whose linkage can be traced to the Tablighi Jamaat cluster at Nizamuddin, the Centre said on Friday.

"A total of 647 cases of positive coronavirus cases have been reported from across 14 States whose linkage can be traced to the Tablighi Jamaat cluster at Nizamuddin," Lav Aggarwal, Joint Secretary, Ministry of Health and Family Welfare said.

"The cases can be traced in Andaman and Nicobar, Assam, Delhi, Himachal, Haryana, Jammu and Kashmir, Jharkhand, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Telangana, Uttarakhand and Uttar Pradesh," added Aggarwal.

The Tablighi Jamaat event in Delhi has emerged as a hotspot for COVID-19 after several positive cases from across India were linked to the gathering including deaths in Maharashtra, Karnataka, and Telangana.

An FIR was earlier registered against Tablighi Jamaat head Maulana Saad and others under the Epidemic Disease Act 1897, in the national capital.

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News Network
June 9,2020

New Delhi, Jun 9: A record rise in COVID-19 cases in India for the seventh consecutive day has pushed the tally to over 2.6 lakh on Tuesday, with the daily nationwide spike in coronavirus cases inching close to 10,000.

The rise in cases comes at a time when the country has stepped out of a 75-day coronavirus lockdown with malls, religious places and offices opening in several parts of the country under strict conditions.

Since the onset of June, the country has also been witnessing over 200 COVID-19 fatalities each day that has taken the country's death toll to 7,466.

India is the fifth worst-hit nation by the COVID-19 pandemic after the US, Brazil, Russia and the UK, according to the Johns Hopkins University data.

Several states like Haryana, Jammu and Kashmir, Assam, Haryana, Karnataka, Chhattisgarh and Tripura among others have been showing a spurt in cases.

A total 266 new COVID-19 fatalities and 9,987 cases have been reported in the last 24 hours till Tuesday 8 am, according to the Union Health Ministry data.

The country has registered over 9,000 coronavirus infection cases for the sixth day in a row taking the country tally to 2,66,598.

The number of active novel coronavirus cases stands at 1,29,917, while 1,29,214 people have recovered and one patient has migrated, according to the Health Ministry data updated till 8 am.

"Thus, 48.47 per cent patients have recovered so far," a ministry official said.

According to the ICMR, a total of 49,16,116 samples have been tested as on 9 am, Tuesday, with 1,41,682 samples been tested in the last 24 hours.

Out of the total 7,466 fatalities reported till Tuesday 8 am, Maharashtra tops the tally with 3,169 deaths followed by Gujarat with 1,280 deaths, Delhi with 874, Madhya Pradesh with 414, West Bengal with 405, Tamil Nadu with 286, Uttar Pradesh with 283, Rajasthan with 246 and Telangana with 137 deaths.

The death toll reached 75 in Andhra Pradesh, 64 in Karnataka and 53 in Punjab.

Jammu and Kashmir has reported 45 fatalities due to the coronavirus disease, while 39 deaths have been reported from Haryana, 31 from Bihar, 16 from Kerala, 13 from Uttarakhand, nine from Odisha and seven from Jharkhand.

Himachal Pradesh and Chandigarh have registered five COVID-19 fatalities each and Assam and Chhattisgarh have recorded four deaths each so far.

Meghalaya and Ladakh have reported one COVID-19 fatality each, according to ministry data.

More than 70 per cent of the deaths are due to comorbidities, the ministry's website stated

The highest number of confirmed cases in the country are from Maharashtra at 88,528 followed by Tamil Nadu at 33,229, Delhi at 29,943, Gujarat at 20,545, Uttar Pradesh at 10,947, Rajasthan at 10,763 and Madhya Pradesh at 9,638, according to the Health Ministry's data updated in the morning.

The number of COVID-19 cases has climbed to 8,613 in West Bengal, 5,760 in Karnataka, 5,202 in Bihar and 4,854 in Haryana.

It has risen to 4,851 in Andhra Pradesh, 4,285 in Jammu and Kashmir, 3,650 in Telangana and 2,994 in Odisha.

Punjab has reported 2,663 novel coronavirus cases so far, while Assam has 2,776 cases. A total of 2,005 people have been infected by the virus in Kerala and 1,411 in Uttarakhand.

Jharkhand has registered 1,256 cases, while 1,160 cases have been reported from Chhattisgarh, 838 from Tripura, 421 from Himachal Pradesh, 330 from Goa and 317 from Chandigarh.

Manipur has 272 cases, Puducherry has 127 and Nagaland has reported 123 cases till now.

Ladakh has 103 COVID-19 cases, Arunachal Pradesh has 51, Mizoram has 42, Meghalaya 36 while Andaman and Nicobar Islands has registered 33 infections so far.

Dadar and Nagar Haveli has 22 cases, while Sikkim has reported seven cases till now.

The ministry's website said that 8,803 cases are being reassigned to states and "our figures are being reconciled with the ICMR".

State-wise distribution is subject to further verification and reconciliation, it said.

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