“legal Battle In Right Direction May Contain The Menace Of Riots”

MUHAMMAD SHAFI MADNI, former Chairman Islami Relief Committee-Gujarat, and presently one of the Secretaries of Jamaat-e-Islami Hind, believes in the power of justice delivery system. In an interview with DR. WAQUAR ANWAR he spells out a mantra to contain the menace of riots: legal battle in the right direction. Excerpts:

Written by

Dr. Waquar Anwar

Published on

September 3, 2022

MUHAMMAD SHAFI MADNI, former Chairman Islami Relief Committee-Gujarat, and presently one of the Secretaries of Jamaat-e-Islami Hind, believes in the power of justice delivery system. In an interview with DR. WAQUAR ANWAR he spells out a mantra to contain the menace of riots: legal battle in the right direction. Excerpts:

 

What is your opinion on the Naroda Patiya massacre verdict?

The Gujarat 2002 riots, one may call it a pogrom, caused havoc at a great scale in Ahmedabad, Central Gujarat, South Gujarat, Saurashtra and other places. Muslims were killed at a large scale and they were looted and their properties destroyed. About 200 Muslims were killed. We have been saying from the day one that all these carnages were state sponsored. Even the incident which was used as a justification of the carnage, the Godhra incident, was pre-planned.

The recent court verdict on Naroda massacre has vindicated what we have been saying since 2002 that it was a state sponsored pogrom. The convicted persons include Dr. Mayaben Kodnani, who had been a minister. Imagine that the killing of 97 persons was done within few hours in one single day. Some people were thrown into a well, others were killed. The cruelty was so barbaric that a pregnant lady was tortured, her belly forced open and the baby brought out and killed. The court has affirmed that Kodnani, a famous gynaecologist, also participated in the bloodbath.

The Naroda Patiya riot was most heinous in Gujarat because the number of persons killed at one place was highest there. There are other serious cases too; for example, a place where more than 70 persons were massacred.

 

Some persons have been acquitted too!

The court has acquitted 29 persons, giving them benefit of doubt. In my opinion, even those acquitted should also be brought to book. Now it is the state government that should pursue their cases, appeal in the High Court and provide further proof of their involvements. It is a litmus test for the state government to go for conviction of these acquitted persons too.

 

Is there anything special about this court verdict?

The conviction of 32 persons is satisfactory as it gives rays of hope that in the continuity of the earlier convictions in riot cases in Gujarat and this recent conviction will pave the way for further convictions, bringing to book all the perpetrators of the 2002 riots. We are hopeful. This court verdict is a statement of confidence that judiciary is functioning on sound grounds and is not biased.

This verdict has a special significance, as against earlier convictions. The convictions are directly related to the state government and its agencies. This has demonstrated and upheld that the government of Gujarat was involved in 2002 riots and it was also enacted on its behest.

Mayaben Kodnani is not the sole and highest person of the state government involved in the carnage. If the whole matter is thoroughly investigated more facts will be unearthed and the involvement of the chief minister too will come to light. If the investigations proceed in the right direction, all the perpetrators will be booked, if not today then tomorrow.

 

Is there any other judgement in the waiting?

Other verdict which is due is that of Naroda Gaon where the persons of Ahmedabad including Mayaben Kodnani, Babu Bajrangi and Jaideep Patel are also involved. More than 550 houses were vandalised and destroyed. The housing colony of the State Reserve Police (SRF) was nearby where SRF personnel were present and none came to the rescue of the victims. It is reported that even the police officers taunted and rebuked the victims saying that they were destined to be killed that day and they should be thankful for their destiny! Cruelty knew no bounds and men became beasts in its spell. About 550 houses were destroyed and those include 91 houses belonging to non-Muslims. In the heat of the moment the rioters could not distinguish between Muslim and non-Muslim ownership and considered every property to be that of the former.

 

What relief work IRCG did?

Islamic Relief Committee Gujarat (IRCG) rebuilt all the 550 houses, including 91 houses of the non-Muslims, during its relief work. People with vested interests discouraged the displaced persons from going back to their original houses in Naroda Patiya. It is located at a prime place in the city and also it is a huge chunk of land. So it was in the interest of the builders to create obstacles and raise impediments in the rehabilitation of the displaced persons at their own respective properties. It may be noted that men like Jaideep Patel or Babu Bajrangi or Mayaben Kodnani, are big builders too and land dealings comprised their major business interests.

Despite all the odds, IRCG decided to rehabilitate the displaced persons at their original place of abode. Today all those persons are living in that place, properly rehabilitated to the extent possible. IRCG has also built a school and a mosque and there is a plan to construct a community centre.

 

Are you satisfied with the rehabilitation work done?

Such rehabilitation apart, the shock and pain of what happened in 2002 is so severe that people cannot forget that. The recent court verdict that convicted some of the culprits has given a sigh of relief and some satisfaction is visible on the faces of the victims. There is a feeling that although it is late by a decade but some justice has been done. There is some measure of accountability and the wrongdoers are made to face some consequences of their dreadful deeds. It is a bit of justice although delayed. The family members of the persons who were killed during the riots are still waiting for the punishment of other offenders and sinners who are still roaming free.

 

Do you think the Gujarat pogrom has any lesson?

A satisfactory part of the Gujarat riots is that NGOs working therein decided to fight it legally. IRCG too worked in this area and its Legal Cell worked hard and performed a yeomen service. Many other persons under the banner of other NGOs did commendable jobs. Teesta Setalvad did very good work in this area. Similarly, Mukul Sinha worked. Gagan Sethi also did this work. Jamiatul Ulama Hind directed their efforts in this area. All these efforts for legal relief and work to bring justice bore fruits in Gujarat. The legal battle moved in the right direction and is yielding the desired results. This particular area of relief and rehabilitation and fight for rule of law and justice should be done in all other places where riots are happening. This particular approach may contain the menace of riots as such convictions of culprits will serve as a deterrent.

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