The nation, especially the judicial fraternity, should sincerely think about the malaise of state culpability in Gujarat pogrom as it hurts the citizens, the innocent and next to the kin. It should go lock, stock and barrel, argues DR. S. AUSAF SAIED VASFI.
Is “state culpability” beyond the jurisdiction of courts of law? We ask this question because in the otherwise trail-brazing judgment delivered by the ATS court in Ahmedabad on Aug 29, the word is missing. Or is it beyond the brief of ATS courts?
Before dealing with the subject, let us hope that the trial courts, dealing with anti-Muslim pogroms, would, in future, take inspiration from this path-breaking verdict as it seeks to trash the popular myth that the high and mighty exert their influence on judiciary. This verdict creates history and draws a roadmap for the future judicial authorities. It reinvigorates the fact that if the judges robustly refuse to be considerate for extra-judicial gestures, no tampering is possible with the delivery of justice.
But the saddest part of the discussion is the question: Had justice to the victims of Naroda Patiya been possible if the Supreme Court had not shown proper interest in the dispensation of justice. The government response to this key question is quietude heavily punctuated with studied silence, which means something, in fact, has yet to be done.
Before analysing the judgment and its consequences, let us recall what Mr. Narendra Modi had, not long ago, while refusing to apologise for the 2002 Gujarat riots, told the representative of the Wall Street Journal. To quote him, “One only has to ask for forgiveness if one is guilty of a crime. If you think it is such a big crime, why should the culprit be forgiven? Just because Modi is a CM, why should he be forgiven? I think Modi should get the biggest punishment possible if he is guilty. And the world should know that there isn’t any tolerance for such political leaders.”
Hope you have noted Mr. Modi’s bravado, outspokenness and swagger.
This epoch-making verdict became possible only because it was the apex court appointed Special Investigation Team (SIT) which investigated the case de novo following the virtual closure of the case by the State Police under Mr. Narendra Modi, the Nero of Gujarat.
The significance of the judgment lies in the fact that it caused a dent not only in the image of Mr. Modi but also the entire Saffron fraternity, particularly the Bharatiya Janata Party (BJP). Gujarat, in the background of this verdict is going to have Assembly elections in the oncoming December. His arch rival Mr. Keshubhai has already floated a party which enjoys support not only of the Congress but also a section of the Vishwa Hindu Parishad (VHP) whose stalwart, Mr. Praveen Togadia is, of late, gravitating towards Mr. Keshubhai.
But more important than the possible defeat of Mr. Modi and his party in the Gujarat Assembly is his prospects as the next Prime Minister of plural Bharat, which now appear to be dim. The dent in his image is quite deep which cannot be levelled by a dozen Sadbhavana events.
What makes the matters worst for him is the elevation of Mayaben Kodnani, a prominent BJP activist, to the post of Women & Child deputy minister. Witnesses have told the court that the lady distributed kerosene and swords to the foot soldiers in the 2002 riots. How would he now throw away this albatross in the dust bin? Other liability around his small neck is Babu Bajrangi, a former VHP leader, accused of forcibly undoing marriages of Hindu girls to Muslim boys. In a sting operation he is reported as boasting: “I felt like Rana Pratap after leading the carnage.” He too claimed he wasn’t in Naroda but phone records proved otherwise. Witnesses said he led mobs through Naroda Patiya and Naroda gaon. The sting quoted him as saying: “I came back after I killed them”, called the Home Minister and went to sleep.
The verdict is also significant because it upholds charges of murder, criminal conspiracy, rioting, arson, attempt to murder, insulting religious sentiments and fanning communal hatred.
Charge of conspiracy on the part of Hindutvawadis has been really proved.
The court convicted three – Suresh Didawala, Manubhai Marada and Mukesh Rathore – of rape, the first being that of Bilkees Bano.
The judgment also deserves applause because it gives no credence to the Saffron argument that the riot was a spontaneous reaction of the burning of kar sevaks in a train compartment near Godhra. The riot was a logical sequence to the pre-planned conspiracy, so felt the court.
Cognizance has also been taken of the fact that most of the crowd of attackers were armed while the victims were defenceless and had no arms of attack.
Pouches of alcohol and swords too could not escape the eyes of the witnesses who deposed their statements before the court amidst threats and intimidation. Mayaben also failed to hide kerosene canisters and swords from the eyes of the sufferers.
Enormous pressure was exerted upon the victims to withdraw the charge of rapes. Neither intimidation nor bribes could move them from the truth. And the truth was that after rape, the tormenters threw the live bodies of the victims in the raging fire.
See this judgment in the light of its salubrious effect as it seeks to restore confidence lost in the massacre, in the presence of partisan police, bureaucracy and the government.
This brings us to the key question pertaining to the culpability of the State which is an old disease of the governance in the country. It is seen in each and every communal disturbance.
The Indian Express admirably drew national attention towards the Nellie massacre of 1983. To quote its editorial (Aug 30,2012): “In 1983 Muslim settlers were killed and injured in an ethnic clash during the Assam agitation – the all Assam Students Union and other activists had whipped up sentiments against “foreign nationals”. But the investigation reached nowhere. Legal proceedings were soon dropped. Not a single person faced trial. As the legal process unfolds in Gujarat, bringing at least a partial justice for the events of 2002 it also casts a sidelight on these other sites of violence, still painfully unaddressed.”
The nation, especially the judicial fraternity, should sincerely think about the malaise of state culpability in Gujarat pogrom as it hurts the citizens, the innocent and next to the kin. It should go lock, stock and barrel.