Converted from PDF to Word for convenience by Sanjeev Sabhlok, 15 September 2013. Due to automatic OCR, please refer to the original for correct spellings. I’ve removed identifiers for convenience, e.g.publisher’s name. You can see the original by downloading from here:
Volume 1
Volume 2
My plan: I will try to review this document and annotate/ make notes/ publish my comments in the coming weeks.

CRIMEAGAINSTHUMANITY

An inquiry into the carnage in Gujarat

by

Concerned Citizens Tribunal – Gujarat 2002

comprising

VR Krishna Iyer, PB Sawant, Hosbet Suresh, KG Kannabiran, Aruna Roy, KS Subramanian, Ghanshyam Shah and Tanika Sarkar

Report as at: 21 November 2002
CONTENTS

Volume I: List of Incidents and Evidence

FOREWORD

Introduction

History of Communal Violence in Gujarat

Judicial Commissions on Communal Violence in Gujarat

Political Backdrop to the Carnage

Mapping the violence

Godhra

Incidents of Post-Godhra Violence: Ahmedabad

GULBERG SOCIETY (CHAMANPURA)

NARODA GAON AND NARODA PATNA

REST OF AHMEDABAD

VATWA

PALDI

GOMTIPUR/ SUNDARAMNAGAR

AHMEDABAD RURAL

Abasna

Kuha

Por

Panchmahal

DAILOL

PANDHARWADA

ERAL

MORA

VEJALPUR

KUJAVAR

BABALIYA

ANJANWA AND LUNAVADA

ATHAWAWALA

ATTACKS ON THE HIGHWAY FROM DAILOL TO KALOL

BORU

MALVAN

MOTA SARNAIYA

SANTRAMPUR

PIPLOD

LIMKREDA

MOTI BANDIBAR

Anand

ODE

Mehsana

VISNAGAR

SARDARPURA

KADI

Dahod

RANDHIKPUR

SANJELI

FATEHPURA

JHALOD

Modus Operandi

Violence against Women

Dalsukb Mabaraj: A Study of ‘Vanvasi’ mobilisation

Saharkantha

KIDIAD

PRANTIJ

MADHOPUR KAMPA

TALOD

HIMMATNAGAR

SALAL

BHILODA

VIJAYNAGAR

ASAD

MUJETHI

Banaskantha

Patan

Vadodara

PHASE I: Feb 27-March 2

IISANWADI

SAMA AREA

Madhavnagar II

Ashabibi Ni Chawl

MAKARPURA AREA

Audhootnagar

TARSAU AREA

Raghovpura

Noor Park

Gotri village

KARETTBAGH

BEST BAKERY, HANUMAN TEKR’

HAJG’GYAN IG SARA, BARANPURA

ROSHAN NAGAR’ TUISIWADI

WADI, PANIGATE

Phase II: March 15-20

MACHCHIPITH

TAIWADA

BAHARCOLONY

BAWANPURA

FATEHGUNJ

Phase III: April 26-May 2

TAIWADA

RAJA RANI TALAV

SULEIMANI CHAAL

TANDALJA : HOPE SURVIVES

VADODARA-RURAL

ATLADRA

BAJWA

Bhayli

SAMIALA, LAXMIPURA

MARETHA

MANEJA

ANKODIA, KOYALI, SEVASI

SOKHADA

TUNDAV

ASOJ

MANJUSAR

CHAPPAD

RANOLI

VADOARA—TRIBAL BELT

TEJGADH

PANWAD

KANWAT

Bharuch

BHARUCH CITY

ANKLESHWAR

GIDC area

RAJPARDI

ANDADA

MANDWA

Kheda

MEHMEDAVAD

NADIAD

KANIJ

Bhavnagar

RAJKOT

Attack on Christians

List of statements placed before the Tribunal

Continuing Violence

Phases of Violence

In the first phase of violence, from February 28 to around March

The second phase of violence began on March 15

Towards the end of April (April 26-around May 5)

Late into the night of November 12

November 8, Ahmedabad

November 5, Ahmedabad

October 21, Dangs, South Gujarat

October 9, Chuda, Surendranagar

September 20, Vadodara, Ahmedabad

July 19, Viramgam, Ahmedabad

July 18, Panchmahal

July 16, Ahmedabad

June 10, Ahmedabad

June 7, Valol

June 3, Bhavnagar

June 1, Vadodara

May 30, Kadi, Mehsana

May 29, Ahmedabad

May 15, Rajkot

May 12, Ahmedabad, Vadodara

May 7, Ahmedabad

May 7, Bhavnagar

May 7, Vadodara

May 7, Panchmahal

May 6, Panchmahal

May 6, Ahmedabad

May 5, Ahmedabad:

May 3, Jamnagar

May 2, Bharuch

April 16, Ahmedabad

April 15, Ahmedabad

April 5, Vadodara

April 4, Umreth, Anand district, Kutch

April 3, Ahmedabad

April 3, Abasna, Ahmedabad rural

April 2, Cambay, Pe’lad, Kadi, Mehsana

March 31, Ahmedabad

March 30, Ahmedabad

March 29, Ahmedabad

March 29, Kadi, Mehsana

March 26, Godhra

March 24, Rajkot

March 24, Ahmedabad

March 24, Ahmedabad

March 22, Vadodara, Ahmedabad

March 21, Ahmedabad, Himmatnagar

March 20, Ahmedabad, Himmatnagar

March 18, Bharuch

March 17, Ahmedabad

Expert Witnesses

Justice AP Ravani (Former Chief Justice Rajasthan)

Justice Divecha, a retired high court judge

Igbal Hawa (Senior solicitor in Gujarat)

Achyut Yagnik (Senior academic)

DN Pathak (Present PUCI, Gujarat)

Hanif Lakdawala (Doctor, social activist)

Sheba George (Feminist activist)

Piyush Occhavlal Desai (Chairman, Gujarat Tea Processors and Packers Limited)

Ashok Relia (Businessman)

Uves Sareshwala (Stock broker)

Prakash Shah (Movement for Secular Democracy)

Dilip Chandulal, Dwarkanath Rath, J Minakshi and Damin Shah (Movement for Social Democracy)

Sharief Khan Pathan (Nobel Ambulance Society)

Digant Oza, Batuk Vora and Indukumar Jani (Senior journalists)

Teesta Setalvad (Senior journalist and rights’ activist)

KB Pandey (Advocate)

Jagdishbhai Shah (Vinoba Ashram, Gotri)

Johannes Manjrekar (Concerned citizen)

Dr. Deepa Achar (Professor)

Ramdas Pillai (Builder)

Chinu Srinivasan (PUCL)

Rajesh Mishra (Social activist)

Rohit Prajapati and Trupti Shah (PUCL)

Annexures

Annexure 1: Terms of Reference

Annexure 2: Schedule of Sittings of the Tribunal

Annexure 3: Procedure

Annexure 4: Methodology

Annexure 5: Sample and Spread/ Nos of Statements

Annexure 6: Interim Findings and Recommendations of the Tribunal

Annexure 7: Janmorcha Report

Annexure 8: Statistics on Police Behaviour

Annexure 9: Police: Dereliction of Duty

Annexure 10: Hate Speech

Chief Minister Narendra Modi

Former Commissioner of Police, Ahmedabad , Shri P.C. Pande

BJP leaders

RSS leaders

VHP Leaders

Modi is He-Man, Lyngdoh has religious bias: VHP

Annexure 11: Hate Writing

Annexure 12: Deputy Prime Minister LK Advani on Gujarat

Annexure 13: VHP ‘Proud’ of Targeted Violence

Annexure 14: Forensic Science Laboratory, State of Gujarat

Annexure 15: UN Convention on Genocide

Annexure 16: UN Declaration on Religious Minorities

Annexure 17: List of Politicians/Officials/ Policemen approached by the Tribunal for Deposition

Annexure 18: Prime Minister, Atal Behari Vajpayee on Gujarat

Volume II: Findings and Recommendations

FOREWORD

Introduction

Godhra

2. Mystery of the Fire

3. Was Godhra Pre-Planned?

4. Immediate Reaction of the Administration and the Government

6. Was ‘Godhra’ Allowed to Happen?

7. Role of Fanatical Organisations

8. Conclusion

Patterns of Violence

Introduction

1. Selective Targeting of Muslims

2. Brutality and Bestiality of Attacks

3. Unprecedented Scale and Degree of Violence – Ethnic Cleansing

4. Looting and Destruction of Property

5. Military Precision and Planning behind Attacks

6. Complicity of Civil Society

7. Role of the RSS/VHP/BD/BJP

8. Use of Hindu Religious Symbols

9. Use of Hate Speech and Hate Writing

10. Mobilisation of Women, Adivasis and Dalits

11. Preparation for violence – Immediate and Long Term:

Violence Against Women

Economic Destruction

Religious and Cultural Desecration

Preparation for Violence

1. Role of the BJP and Allied Organisations – RSS/VHP/BD

2. Training

3 Impunity from Punishment

4. Hate Speech and Hate Writing

5. Communalisation of the State and Civil Society in Gujarat

6. Role of the RSS

7. Historical Background: The RSS

8. The VHP and Bajrang Dal: Their Evolution and Role

9. Funding of RSS and its Affiliates

10. Indictment in Communal Crimes

State Complicity - 1

1. Government of Gujarat

2. Role of Chief Minister and His Ministerial Colleagues

State Complicity - 2

1. Police Misbehaviour

2 Communalisation of the Police Administration

3. Legal Remedies

4. Communalisation of the Bureaucracy

Annexure –Police and Hindutvawadi Organisations

Role of the Central Government

Role of Non-BJP Parties

1. National Democratic Alliance

2. Role of the Opposition Parties

3. Role of Neighbouring States

4. Role of Gandhian Institutions

5. Godhra Tragedy Condemned

Failure of Criminal Justice System

1. Failure of Intelligence

2. Preventive Arrests

3. Police Participation in the Riots

4. Illegal Registration of FIRs (Problems with FIRs)

5. Minority community victimised

7. Real culprits not arrested

8. No identification parades

9. Combing Operations

10. Rape Victims

11. No Action Against Errant Media

12. No Action Against the VHP/Bajrang Dal

13. Non-implementation of NHRC Recommendations

14. Disturbed Areas (Special Courts) Act, 1976

15. The Prevention of Damage to Public Property Act, 1984

16. Status of Criminal Investigations into Major Massacres

17. Progress of Major Cases

18. Investigations into Godhra Tragedy

19. Medico-Legal Issues

20. Role of the Judiciary

Disturbing Trends: Police System

Communalisation of Public Space — Hospitals

Relief and Rehabilitation

1 Relief

2. Compensation

3. Rehabilitation

4. Situation of Muslims in Gujarat

5. Violation of Basic Human Rights

Role of the Media

Build-Up in Gujarat

2. Targeting the Minorities

3. Enforcing Ghettoisation

4. Encouraging the RSS

5. Discrimination Politics

6. Imposing Hindutva

Genocide

1. Nothing but Genocide

2. Note on the International Criminal Court

Consequences

1. Alienation

2. Muslims as Second Class Citizens

3. Women

4. Children

5. Ghettoisation

6. Communalisation of Public Space

7. Impact on Education

8. Economic Decimation

9. Religious and Cultural Desecration

10. Minority Identity a Target

11. Forced Migration

12. Impact on Muslim minority in other states

13. Conservative Trends among Women

14. Arming of Civil Society

15. Hidden Agenda

16. Decline in India’s International Stature

17. Brutalisation of Women, Adivasis and Dalits

18. Attack on Akshardham

19. All is Not Lost

Recommendations: Short Term

1. STATE GOVERNMENT

2. CENTRAL GOVERNMENT

3. UN/INTERNATIONAL COMMUNITY

4. MEDIA

5. RELIEF & REHABILITATION

6. CIVIL SOCIETY

7. NATIONAL HUMAN RIGHTS COMMISSION

Recommendations: Long Term

1. NATIONAL CRIMES TRIBUNAL

2. CRIMES AGAINST HUMANITY

3. GENDER CRIMES

4. JUSTICE AND THE JUDICIARY

5. SUPREME COURT

6. REHABILITATION

7. POLICE

8. CIVIL SOCIETY

Secularism and the Constitution

Communalism

Who were the proponents of the theory?

Secularism

The Accused – I – Policemen and Bureaucrats

List of policemen and civil servants as named by witnesses:

AHMEDABAD

PANCHMAHAL DISTRICT

PATAN DISTRICT

DAHOD DISTRICT

BHARUCH DISTRICT

SABARKANTHA DISTRICT

MEHSANA DISTRICT

RAJKOT DISTRICT

The Accused – II: Politicians and Others

AHMEDABAD

PANCHMAHAL DISTRICT

DAHOD DISTRICT

KHEDA DISTRICT

PATAN DISTRICT

ANAND DISTRICT

MEHSANA DISTRICT

VADODARA DISTRICT

SABARKANTHA DISTRICT

BHARUCH CITY

BANASKANTHA DISTRICT

Citizens for Justice and Peace

Volume I: List of Incidents and Evidence

FOREWORD

What a shock and shame that India’s fair secular name should suffer dastardly disgrace through the recent government-abetted Gujarat communal rage, compounded by grisly genocidal carnage and savage arsonous pillage, victimising people of Muslim vintage—and ‘unkindest cut of all’— allegedly executed with the monstrous abetment of chief minister Modi, his colleagues and party goons. The gravamen of this pogrom-like operation was that the administration reversed its constitutional role and, by omission and commission, engineered the loot, ravishment and murder which was methodically perpetrated through planned process by chauvinist VHP elements, goaded by terrorist appetite. What ensued was a ghastly sight the like of which, since bleeding partition days, no Indian eye had seen, no Indian heart had conceived and of which no Indian tongue could adequately tell. Hinduma barbarians came out on the streets in different parts of Gujarat and, in all flaming fury, targeted innocent and helpless Muslims who had nothing to do with the antecedent Godhra event. They were brutalised by miscreants uninhibited by the police; their women were unblushingly molested; and Muslim men, women and children, in a travesty of justice, were burnt alive. The chief minister, oath-bound to defend law and order, vicariously connived at the inhuman violence and some of his ministers even commanded the macabre acts of horror.

There was none to question the malevolent managers of communal massacre. The criminal outrage, there was none in uniform to resist, not even to record information of the felonies. Nor was there any impartial official to render succour or assure civilised peace. When government failed and the local media distorted the truth, the fascist trend flourished and the barbaric, fanatic, rapist human animals remained unchecked.

Awakened by this sinister scenario, people of conscience, all over the country, felt the gory, catastrophe merited investigation. Thus was set up a committee of enquiry formally headed by me, but actively and functionally managed by a great young lady— Teesta Setalvad. She organised the services of eminent judges whose retirement would not inhibit them from throwing all their energy to the enquiry process—a signal public service. A great team, valiant paradigm, joined them. They collectedevidence of the gruesome events, lethal incidents, vicious environs and the complicity of people in authority who were vicariously guilty of the indescribable offenses. Those who sat on the committee—they were superannuated judges, a militant marvel of an advocate and four other noble public figures—made great sacrifice and rendered free service. They were experienced as judges and seasoned social activists, and knew what a judicial enquiry called for—an objective, yet sensitive examination of the overall holocaust. They pooled testimonies sought from official and non-official sources, and pooled all probative material. People came and gave evidence, some officials showed up to unfold what they knew had happened. The Tribunal toured, restlessly strove to get at the traumatic truth and were guided by the necessity of hearing both parties. Grievances poured in. Tears and fears were placed before the Tribunal. I was there only for a day and, therefore, cannot claim to have participated substantially in the enquiry. But my colleagues have done an anguished job, looking into tons of material, sifting and sorting and producing a brave, massive report. I commend their task to the Indian People. I cannot but condemn the culpable delinquency of those in power in Gandhinagar nor, indeed, is it possible to absolve the Central rulers in Delhi who failed to act and, perhaps, connived by omission, the harrying operation in Gandhi Country; I mean Gujarat, where the greatest man of our time was born, with the noblest example of secular symphony of religions. Yet, action has to be taken against heinous culprits since justice shall be done under the Indian Constitution. Be you ever so high, the law is above you.

My message and my mission is the presentation of an exhaustive report, which does credit to those (other than me) who prepared, sedulously and feelingly, findings which they were commissioned to do by their conscience and the nation.

There are tragic, traumatic conclusions and creative, corrective recommendations. There are measures, punitive and rehabilitative, for victimological constitutional action. My task is to place the report before the people. Know ye the Truth and the Truth shall make you Free—provided We, the people of India, act promptly and fearlessly.

The melody of communal unity, the beauty of religious amity and the secularity of Indian humanity—these glorious values are the mission and message to the nation. Let us struggle to sustain this supreme value, lest we, as a people, perish by divisive ideology. The Gujarat episode is an evil event and disastrous portent. Let us battle for the success of our pluralist culture, secular heritage and social-justice-illumined democracy. India must win! The integrity of our fraternity shall never surrender to berserk, blood-thirsty political bestiality.

October 24, 2002

Justice VR Krishna IyerJustice PB Sawant

Retd Judge, Supreme CourtRetd Judge, Supreme Court

Justice Hosbet SureshAdv KG Kannabiran

Retd Judge, Mumbai High CourtPresident, PUCL

Ms. Aruna RoyDr. KS Subramanian

Mazdoor Kisan Shakti SanghatanRetd IPS, Former DGP, Tripura

Prof. Ghanshyam ShahProf. Tanika Sarkar

Professor of Social Sciences inProfessor of History, JNU

Community Health, JNU

Dated this 21 st day of November 2002

Introduction

The Concerned Citizens Tribunal – Gujarat 2002, was conceived as a response to the carnage that rocked the state of Gujarat following the Godhra tragedy on February 27, 2002. The eight-member Tribunal was constituted in consultation with a large number of groups from within Gujarat and the rest of the country. A copy of its terms of reference and a list of the groups urging that such a People’s Inquiry be launched is annexed hereto and marked as Annexure 1.

The Tribunal collected 2,094 oral and written testimonies, both individual and collective, from victim-survivors and also independent human rights groups, women’s groups, NGOs and academics. The documentation work done by relief camp managers and community leaders, from lists of persons killed or ‘missing’, to the meticulous tabulation of economic loss and religious desecration, is unprecedented and immense. The Tribunal has benefited greatly from these and they are being published in a separate volume of annexures to our report. In addition, over one dozen detailed fact-finding reports and inquiries were placed before the Tribunal and we have benefited greatly from a close scrutiny of these. We have also collected photographs, copies of FIRs, audio- and video-tapes, as evidence. The sheer volume of the evidence on record took an enormous amount of time and human resources to sift through and evaluate. Yet, as in all human endeavours, there may be deficiencies in the report. For these, we plead extenuation and understanding as unlike in case of official inquiries, it has been voluntary commitment from a whole team that has enabled the completion of this report.

The Tribunal pays tribute to the victim-survivors, individually and collectively, who deposed before us at great risk to their person in the simple hope that one day justice will be done and the guilty be punished. Even as the Tribunal sat in Ahmedabad, there were threats and premises like the circuit house at Shahibaug were denied us due to the omnipresence of prowling mobs. We acknowledge our great debt to the activists on the ground who worked day and night to bring the victims and reliable eyewitnesses to us.

After recording evidence, visiting sites, placing on record statements and collecting other relevant material, the Tribunal arrived at some prima facie conclusions. Thesewere forwarded along with our recommendations to both the central and state governments and their views were awaited. However, the Tribunal regrets that neither the state government nor the central government, or individual ministers to whom request letters were sent, responded. Though we are entitled to draw adverse conclusions from this lack of response, because that they did not respond to the interim findings, we do not propose to do so.

However, many senior government officials and police officers did agree to meet the Tribunal, responded to our queries, shared insightful observations and presented some valuable evidence to us. One minister also appeared and deposed before us. The Tribunal had assured this witness (minister) and other officials that their anonymity would be protected. Hence, while their valuable evidence is reflected in the Findings of the report, they have not been identified. Anonymity was urged especially because of the fear of reprisal from political bosses if names became known.