The Hindu : 'Report not politically motivated'

Online edition of India's National Newspaper
Saturday, Nov 23, 2002

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National

'Report not politically motivated'

By Anjali Mody

Justice P.B. Sawant and Justice H. Suresh addressing a press conference after releasing the report on the Gujarat carnage in New Delhi on Friday. — Photo: Sandeep Saxena

NEW DELHI NOV. 22. The Citizen's Tribunal on the Gujarat carnage, which indicted the Gujarat Chief Minister, Narendra Modi, "for crimes against humanity", contested the BJP's claims that the timing of its report was politically motivated. Its tentative findings had been sent to both the State and Central Governments on August 20, retired Supreme Court Judge, P.B. Sawant, who is a member of the tribunal, said today. The Government had been given enough time to respond to its findings long before the announcement of the election, he said.

The tribunal's two-volume report is based on evidence not only of victims and survivors, but also senior Government officials, police officers and one Minister in the Gujarat Government. It concluded that there was enough evidence to establish that a decision was taken at the highest level in the State Government to use the attack on the Sabarmati Express at Godhra for a 72-hour massacre of Muslims.

It said the carnage in Gujarat was a genocide and not a communal riot since it was systematically planned and executed by the State and targeted one community. It has recommended the enactment of a law for the prevention and punishment for the crime of genocide, in compliance with the international genocide convention to which India is a signatory. As the judicial system is unable to deal with such a situation, the tribunal has also recommended the creation of a Standing National Crimes Tribunal to deal with large-scale violence.

The carnage, the report said was planned with "military precision'' at a meeting held in Lunawada, which was attended by two Ministers, Ashok Bhatt and Prabhat Singh Chauhan. These plans were disseminated to 50 leaders of the BJP, RSS, VHP and Bajrang Dal. Leading the mobs, and in many places armed with computerised voter lists, were BJP leaders including Cabinet ministers. The list of politicians named as accused in the violence by those who appeared before the tribunal include the Home Minister, Gordhan Zadaphiya, MLAs Maya Kodnani Ashok Bhatt and Prahalad Ghosa and former Minister Haren Pandya.

The tribunal recommended the prosecution of Mr. Modi and his Ministerial colleagues under the relevant provisions of the IPC, POTA and Unlawful Activities (prevention) Act. Mr. Modi, it said, was guilty of crimes against humanity under international law. He and his Ministers were therefore "not fit to hold public office since they are guilty of these crimes''.

The tribunal said that the police and civil administration had in most cases bent over backwards to fulfil the Government's plan. Women suffered the most "bestial form of sexual violence'' and that crimes against women had been "grossly under-reported and been carried out, in the presence of and in many instances even at the behest of the police and other State authorities.''

Among the top officials it named as accused in the carnage are the Ahmedabad DGP, K. Chakravarthy, Police Commissioner P.C. Pandey and Chief Secretary, Subba Rao. The Superintendents of Police, Commissioner of Police and Collectors of nine districts — Ahmedabad, Panchmahals, Patan, Dahod, Bharuch, Vadodara, Sabarkantha, Mehsana and Rajkot, are also accused.

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