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.