Inhuman rights09/04/2010 02:22:38 By Uday Mahurkar - http://indiatoday.intoday.in/
For eight long years, Gujarat 2002 has stood out as one of the worst episodes in our calendar of atrocity. Since then, the country has witnessed ugly sparring over the bloody riots between the Gujarat Government and the votaries of the Hindutva movement on one side and the human rights lobby on the other. Meanwhile, the state Government, Chief Minister Narendra Modi in particular, has been repeatedly accused of direct or indirect involvement in the riots. In March 2008, the Supreme Court (SC) appointed the Special Investigation Team (SIT), headed by former Central Bureau of Investigation Director R.K. Raghavan, to reinvestigate nine major cases in the Gujarat riots of 2002. Charges flew back and forth once again last week when human rights activists called for the prosecution of Modi for his involvement in the riots in response to a petition.
The latest round of sparring began after the SIT sought Modi's presence in response to an SC petition by Zakia Jafri, a riot victim and the widow of Congress leader Ehsan Jafri, accusing Modi and 61 others of being involved in riots and hatching a conspiracy to kill Muslims. Ehsan was among the 69 people killed by a riotous Hindu mob in the Gulberg Society case.
Significantly, in March 2003, the SC had stalled the trial of nine Gujarat riot cases, thanks to the relentless campaign by the human rights activists seeking justice for the Muslim victims. The riot victims said they won't get justice as long as the Gujarat Government had a role in the police probe and the subsequent trial. The SIT is reinvestigating the cases under the virtual supervision of the apex court, with even the judges and public prosecutors being selected under the SC's monitoring.
As the SIT goes about its task, more and more evidence is surfacing that the human rights lobby had, in many cases, spun macabre stories of rape and brutal killings by tutoring witnesses before the SC. In the process, it might have played a significant role in misleading the SC to suit its political objectives against Modi and his government.
Last week, one of the most horrible examples of cruelty resurfaced once again as the trial of the Naroda Patiya case, where 94 persons were killed, began in the SC-monitored special court in Ahmedabad. Soon after the riots, the human rights activists and the Muslim witnesses had alleged that a pregnant woman Kausarbanu's womb was ripped open by rioters and the foetus was flung out at the point of a sword. The gruesome incident was seen as the worst-possible example of medieval vandalism in the modern age.
Last week, eight years after the alleged incident, Dr J.S. Kanoria, who conducted the post-mortem on Kausarbanu's body on March 2, 2002, denied that any such incident had ever happened. Instead, he told the court: "After the post-mortem, I found that her foetus was intact and that she had died of burns suffered during the riot." Later Kanoria, 40, told INDIA TODAY, "I have told the court what I had already written in my post-mortem report eight years ago. The press should have checked the report before believing that her womb was ripped open. As far as I remember, I did her post-mortem at noon on March 2, 2002."
A careful study of the three police complaints, claiming that Kausarbanu's womb was ripped open by the rioters, shows several loopholes. While one complaint accuses Guddu Chara, one of the main accused in the Naroda Patiya case, of ripping open Kausarbanu's womb, extracting her foetus and flinging it with a sword; another complaint accuses Babu Bajrangi, yet another accused in the case, of doing the act. A third complaint, on the other hand, does not name the accused but describes the alleged act.
Modi will also have reasons to smile at the affidavits filed by the Muslim witnesses in the SC in 2003 at the behest of Citizens for Justice and Peace (CJP) and Teesta Setalvad on the basis of which the trial in nine cases were stalled for six long years. The most glaring hole is in the affidavit of Nanumiya Malek, a key witness in the Naroda Gam case. In his affidavit before the SC filed on November 15, 2003, Malek stated that a newly married woman called Madina, who lost four of her relatives, including her husband in the riots, had been raped by the rioters.
Malek's affidavit states: "I was witness to the crimes of murder and rape that took place on Madina and her family. I also saw seven people being burnt alive, including four orphans. I request the SC to keep the details of this rape victim confidential since she is alive and use it only for the purpose of trial and conviction of the rapists." But on May 5, 2009, in his statement before the SIT, Malek said: "I had wrongly claimed that Madina had been raped. I made the charge because of Teesta Setalvad's pressure. I kept on telling her not to include that charge in my affidavit, yet it was included."
In her statement before the SIT on May 20, 2008, Madina, who has remarried now, said: "The charge made by Malek claiming that I was raped by a riotous mob is false. I wasn't raped. When the riotous mob put my house on fire, I tried to run but was attacked by a rioter who injured me with a knife. Later I managed to merge in a Muslim crowd."
There are six other affidavits filed by different Muslim witnesses on November 15, 2003, that wantonly allege rape in the Naroda Gam and Naroda Patiya riot cases without giving any details. Interestingly, all the affidavits have a uniform language: "Over 110 persons were not simply killed, but raped and mutilated as well, including young children. We urge the SC to stay the trials and transfer them to a neighbouring state and also order fresh investigation." The affidavits state that they had been filed at the behest of Setalvad and in the presence of her co-activist Rais Khan.
If this wasn't enough, other glaring attempts by human rights activists to tutor witnesses have come to the fore. For example, soon after the Gulberg massacre in which Ehsan Jafri was killed, nearly a dozen Muslim witnesses told the police that Jafri had fired in self-defence, killed a rioter and injured 14 others. They also said that this led the mob to resort to violence and attack Muslims in Gulberg with vengeance. But almost half of them who deposed before the special court have retracted from this statement.
The statement of Imtiaz Pathan in the Gulberg trial also raises eyebrows. He told the special court that before being killed, Jafri told him that Narendra Modi abused him (Jafri) on phone when he sought protection during a mob attack. Incidentally, there is no record available of Jafri having made any call to Modi. Pathan didn't name Modi in the first police statement he made soon after the riots. Interestingly, he has also identified as many as 27 individual attackers from a mob of thousands of rioters.
When the SIT started taking statements of witnesses in the Gulberg Society case, around 20 witnesses came with typed statements. But the SIT objected to it, citing Section 161 of the CRPC, saying that the police must record the statement of a witness. So when the SIT forced the witnesses to give their statement during the interrogation, there was a vast difference between the 'readymade typed' statements and the oral evidence that the police had received earlier.
As a senior lawyer defending the accused puts it: "The witnesses under the influence of the human rights activists didn't allow videotaping of their statements while they were being recorded. There is an obvious attempt on the part of activists to dictate not just the SIT, but also the courts." Last week, INDIA TODAY quizzed Setalvad about the charge of tutoring the witnesses and creating false evidence before the courts in the 2002 Gujarat riot cases.
Her response: "I am under no obligation to respond to your questions."The human rights activists' band seems to believe that one side's suffering is greater than the other's.