Communal Riots-2012.pdf - Indian Social Institute

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has already challenged the fast track court's acquittals, but neither the State nor the SIT has soughtenhancement of punishment for the 31 sentenced to life imprisonment. Some survivors have also filed anappeal in the High Court challenging the acquittal of 14 of the accused, claiming that there was clearevidence available against them. The High Court granted the State Government and other litigants“pardon” for the delay in filing the appeals on technical grounds, and fixed the next hearing for April 27.SIT sources said the Team was also likely to challenge the Ode fast track court's order last weekacquitting 23 accused, even as it sentenced 18 persons to life term and five others to seven years'imprisonment each for killing 24 persons in the village in Anand district. Meanwhile, Justice M. D. Shahrefused to hear a bail application by IPS officer Abhay Chudasma arrested in connection with theSohrabuddin Sheikh fake encounter case. The IPS officer, who then was Joint Police Commissioner ofAhmedabad, was considered one of the key players in the November 2005 fake encounter. (The Hindu20/4/12)Draft fresh anti-communal violence bill: Activists (7)New Delhi: Not satisfied with the draft of the Prevention of Communal and Targeted Violence Bill, civilsociety activists on Saturday demanded that the government come out with a new version with provisionsthat enable reparative justice to victims and survivors of communal violence. Joining the debate on theCommunal Violence Bill, the activists claimed that the amendments made by UPA government in 2005made no change to the architecture of the bill and it still remains "deeply flawed and entirelyunacceptable".Addressing a press conference, civil society activist Niaz A Farooqi said it wasdisheartening to know that the government which boasts of being secular cannot understand that this billis not for the benefit of minorities but for entire nation "because anybody can be a target of communalviolence." The draft of the Prevention of Communal and Targeted Violence Bill, 2011 submitted by NACcame under serious attack from political parties as well as large sections of the civil society. "The idea ofdisturbed areas, which paves the way for the accumulation of extraordinary powers in the hands of stateauthorities was included in proposed bill and was withdrawn due to criticism of civil society activists andlegal experts," said Usha Ramanthan, a former member of Drafting committee of NAC. The civil society isdemanding that the government draft a new legislation with primary focus on securing accountability ofpublic servants as well as provision for providing reparative justice to victims and survivors of communalviolence. Another former member of NAC, Advocate Vrinda Grover said: "We as members of civil societywill raise our demands but we will not get involved in the process of drafting the bill. It is the Law Ministry'swork, not ours". (DNA 21/4/12)Nine convicted, 32 acquitted for Gujarat riots case (7)Anand (Gujarat), May 4 : The Anand district and sessions court Friday convicted nine people andacquitted 32 for the killing of three members of a Muslim family in Ode village of Gujarat during the 2002communal riots. Judge R.M. Sharim gave the verdict in the case related to Malav Bhagol area of Ode inAnand district. Three Muslims - Kadar Vohra, Ayesha Vohra and Noori Vohra, all from the same family -were burnt to death inside a house near Malav Bhagol March 1, 2002, two days after the Godhra traincarnage. In April, a special trial court had acquitted 23 people, but also convicted 23 for the massacre of23 people in another case of communal killings in Ode village during the 2002 Gujarat riots. (IANS) (NewKerala 4/5/12)Ground to prosecute Modi for riots: Court adviser (7)Ahmedabad, May 7: A lawyer appointed by the Supreme Court to advise it has held there is a prima faciecase for prosecuting Narendra Modi over the 2002 riots, on charges such as promoting enmity betweenreligious groups and making assertions prejudicial to national integration. The July 25, 2011, report byamicus curiae (friend of the court) Raju Ramachandran points out that according to the CriminalProcedure Code, if there is a prima facie case against someone, the court should go ahead with a trialand weigh the evidence. Ramachandran’s advice, though, is not binding on the Gujarat magistrate’s courtthat has to decide whether the chief minister and 62 other politicians and officials should be prosecuted.However, if it decides to hold a trial, that itself will be a huge blow to Modi’s prestige. The amicus curiae’sreport, made public for the first time today, runs counter to one submitted by an apex court-appointedspecial investigation team (SIT) that gives a clean chit to Modi and the rest and advises closure of thecase filed against them by riot widow Zakia Jafri. Zakia, who says the accused colluded to prevent helpreaching the riot victims, had also demanded that Modi be charged with conspiracy to murder butRamachandran’s report is silent on that. Zakia was today given copies of both the SIT and amicus curiaereports. At the next hearing on May 10, she plans to seek two months to build her case against closingthe case. Legal experts said the magistrate may uphold the SIT report or he might ask the SIT to re-
investigate and plug the holes cited by the amicus curiae. Ramachandran’s report draws heavily on acourt affidavit by suspended Gujarat IPS officer Sanjiv Bhatt, whose testimony the SIT had dismissed asmotivated. Bhatt claims he attended a meeting at Modi’s home on February 27, 2002, where the chiefminister instructed police bosses to “let Hindus vent their anger” at the torching of the Sabarmati Expressin Godhra hours earlier. Ramachandran refers to Bhatt’s testimony to say: “In my opinion, the offenceswhich can be made out against Shri Modi, at this prima facie stage, are offences... under Sections153A(1)(a) & (b) of IPC (Indian Penal Code) which means promoting enmity among different groups ongrounds of religion and 153B(1), which... (relates to) assertions prejudicial to national integration.” “He(Modi) should also be prosecuted” under Section 166, which relates to a public servant disobeying the lawwith intent to causing injury to someone, and Section 505(2), which deals with statements that create orpromote enmity, hatred or ill-will, he adds. Ramachandran also refers to a piece of “circumstantialevidence” against Modi: the presence of two ministers — I.K. Jadeja (urban development) and the lateAshok Bhatt (health) — at the police control room during the killings. “While there is no direct material toshow how and when the message of the chief minister was conveyed to the two ministers, the verypresence of political personalities unconnected with the home portfolio at the police control rooms iscircumstantial evidence of the chief minister directing, requesting or allowing them to be present.” Zakia,whose husband and former Congress MP Ehsan Jafri was among 69 people killed at Ahmedabad’sGulbarg Society, says Ehsan had called the police and the chief minister’s office for help but they didnothing. The Supreme Court had asked the SIT to probe the charges and assigned Ramachandran tomake his own independent assessment of the case against Modi. Several senior police officers havealleged that Bhatt was not present at the meeting at Modi’s residence. Ramachandran cites the absenceof the meeting’s minutes to say: “There is no documentary material of any nature whatsoever which canestablish that Shri Bhatt was not present at the meeting. Therefore, it is the word of Shri Bhatt against theword of other officers senior to him.” He says whether Bhatt was present and whether Modi made such astatement can only be decided by a court of law. However, “it would not be correct to disbelieve theversion of Shri Bhatt at this prima facie stage”. (The Telegraph 8/5/12)Curfew relaxed for 12 hours (7)Shillong, May 14, 2012: With normalcy returning to Meghalaya's West Garo Hills district borderingAssam's Dhubri district, authorities Sunday further relaxed the curfew. The curfew was relaxed from 6a.m. to 6 p.m. It was imposed in Phulbari, Rajabala, Bhaitbari, Singhimari and other adjoining areas May8 to prevent communal clashes between Garos and Muslims after some people circulated text messageswith a communal flavour. IANS (The Hindu 14/5/12)PSI among 6 injured in communal rioting in Karjan (7)VADODARA: Communal rioting broke out in Karjan taluka late on Saturday night after members of twocommunities clashed with each other. Five persons suffered injuries as the mob resorted to stone peltingand some even brandished sharp weapons. Police arrested six persons from both sides on Sundaymorning. Tension prevailed in Jalaramnagar that is considered one of the sensitive areas in Karjan onSunday. Police said a police sub-inspector was injured during the rioting as the mobs even targeted thepolice and its vehicles. "The rioting occurred over a very minor dispute. The mob suddenly got violent andresorted to stone pelting. The police have registered an offence against people from both sides andinvestigations are on," said IG (rural) S S Trivedi. Sources said that minor argument had happenedbetween an individual and an auto-rickshaw driver, belonging to different communities, a couple of daysago. The argument was settled but on Saturday night mobs members of both communities again clashedwith each other for reasons unknown. The mob resorted to stone pelting and within a matter of fewminutes hundreds of people gathered in the area. The cops reached the spot and tried to take control ofthe situation. But, the angry mob turned its ire towards police too. A police vehicle was damaged and ashop was also ransacked. A police sub-inspector suffered injuries during the stone pelting. The cops hadto resort to lathi-charge for dispersing the mob. Soon after, the police began combing operation to trackdown the accused. (Times of India 20/5/12)Anti-Sikh riots: Court rejects Sajjan Kumar’s plea (7)New Delhi, June 2, 2012: A Delhi court today dismissed Congress leader Sajjan Kumar’s plea to use inhis defence a 1984 anti-Sikh riots victim’s statements to judicial commissions, allegedly contradicting hertestimony to trial court. The witness’ statements to judicial commissions cannot be used for any purpose,including that for discrediting her or to impeach her, District Judge J. R. Aryan said. The Congress leader,in his application, had said the earlier affidavits and statements of complainant and key witness JagdishKaur to the judicial commission be allowed to be used to confront her with her recent testimony in the
Page 1 and 2: COMMUNAL RIOTS-2012January to Decem
Page 3 and 4: e-visit their investigations into t
Page 5 and 6: 2003, a fast track court acquitted
Page 7 and 8: SIT submits final report on Gulberg
Page 9 and 10: Supreme Court: we cannot direct Nan
Page 11: as per the Supreme Court's order an
Page 15 and 16: accident sparked off heavy communal
Page 17 and 18: also been given a copy of the amicu
Page 19 and 20: change the fact that the carnage oc
Page 21 and 22: Moin Ashraf Qadri, has launched a c
Page 23 and 24: gain political ground," said the of
Page 25 and 26: people. Several of them are governm
Page 27 and 28: forwarded the cleared forms, along
Page 29 and 30: (Indian Express 20/11/12)'Over 100

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