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Godhra
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<b>Muslims put out Godhra fire, says Banerjee report</b>
Vinod Sharma
New Delhi, March 6, 2006

The fire in coach number S-6 of the Sabarmati Express, on February 27, 2002, in Godhra, was 'accidental' and not caused by the use of any inflammable material. The Justice UC Banerjee Committee, which probed into the incident, is understood to have concluded this in its final report.

Sources told HT that the probe panel -- given the status of a deemed commission under the Commission of Inquiry Act, 1952 -- categorically ruled out any conspiracy to set the coach on fire from outside.

Quoting from the deposition of Raju Bhargav, the then Panchmahal SP, the report says that Muslims not only permitted the district administration to use their (community) well but also provided a pump set to draw water to douse the flames.

The SP also told the inquiry panel that he had no information about Kar Sewaks returning from Ayodhya in the train. The report said Bhargav's deposition, a confirmation of the statement made by the then Additional DGP of the state intelligence bureau RB Srikumar, reinforced the probe panel's conclusion that the incident was a "mere accident" that did not occur as part of any conspiracy.

"How could there be any conspiracy when there was no information about the return of the Kar Sewaks," the panel noted. Moreover, Bhargav observed that since 1990, there was harmony in Godhra with no incident of communal violence.

First instituted as a high-powered committee, under a retired judge of the Supreme Court, the probe panel reportedly says that it received no cooperation from the state government till it was vested with powers of a Commission of Inquiry. It summons met with no response on as many as 14 occasions.

Sources said the body of the report contains Srikumar's sensational claim that he refused to be intimidated by Gujarat Home Secretary GC Murmu, who wanted him to tell the Nanavati Commission -- appointed by the Narendra Modi regime on March 6, 2002 -- that the fire was the outcome of a conspiracy.

Apart from damning the state government machinery, the report is also harsh on the then railways minister Nitish Kumar, who had told Parliament after the change of government at the Centre that the Commissioner of Railway Safety did not probe the incident as the Nanavati Commission was already looking into the matter.

The Banerjee panel says the Nanavati Commission was constituted only on March 6 -- a good seven days after the Sabarmati tragedy. As per rules, the Commissioner of Railway Safety is expected to start probing accidents without any loss of time.

Coming down heavily on the Rail administration under Nitish, the report notes that while the Safety Commissioner failed to act, there was no internal communication for almost eight months of the decision against probing the incident.
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Godhra ‘whitewash’ to Muslim count, quotas to Qureishi: For BJP, iron’s hot
Hindutva II: 20 yrs after Shah Bano, united saffron front prepares to take on
UPA’s ‘blatant minority appeasement’

MANINI CHATTERJEE
Tuesday, March 07, 2006
The Indian Express

NEW DELHI, MARCH 6: As their backbenchers vociferously shouted slogans to
counter the entire non-NDA contingent’s demand for the resignation of Narendra
Modi, top BJP leaders exuded a quiet sense of glee. They had more than one
reason.

Their calculation: the Justice Banerjee Committee report that calls the
Sabarmati Express attack an accident together with a series of ‘‘blatant
minority appeasement’’ measures by the UPA government could well provide the
ideal environment for the revival of Hindutva, 20 years after it burst forth on
the Indian political scene.

Linking the Banerjee report to ‘‘pure votebank politics,’’ BJP deputy leader in
the Lok Sabha V K Malhotra said: ‘‘The Banerjee report being made public when
the Supreme Court is monitoring the probe and Nanavati-Shah Commission is
investigating the matter shows the race for minority votes, particularly in the
wake of large scale protests by Muslims against the Bush visit.’’

That ‘‘race’’ was only too visible in the Lok Sabha today when members of the
BSP, SP, RJD, Congress and Left—seldom on the same side of the fence these
days—vied with one another to demand the tabling of the report and Modi’s
resignation.

The BJP stood more or less isolated in the House. Only Shiv Sena MPs joined
them
to protest against Justice Banerjee’s conclusion that the Godhra fire had been
an accident.

But it is an isolation that BJP leaders, guided by L K Advani, are beginning to
relish. There is, they admit, a delicious sense of deja vu. In 1986, the Rajiv
Gandhi government’s decision to overturn the Shah Bano verdict provided the
spark to the BJP’s campaign against ‘‘pseudo secularism.’’

The party leadership managed to convince large numbers of middle-class Indians
that the Congress was ‘‘unjust to Hindus’’ and ‘‘pampered’’ obscurantist
minority sentiments only to garner votes. The success of the p movement that
propelled BJP to centre-stage was built on the anti ‘‘pseudo secular’’
campaign.

Compared to the Shah Bano spark in 1986, the UPA government has lit a veritable
prairie fire of ‘‘minority appeasement’’, BJP leaders claim. In closed-door
meetings, Advani has been telling his colleagues that they must seize the
moment—just as he did in the late 1980s.

The UPA government’s record of ‘‘minorityism’’, Advani & co. feel, is far worse
than that of Rajiv Gandhi’s. The five per cent job reservation quota for
Muslims by the Andhra Pradesh government, the decision to bring an ordinance to
grant minority status to Aligarh Muslim University, the stated intention to
overturn the Supreme Court order on the IMDT Act, the formation of a Ministry
for Minority Affairs for the first time since Independence, and the setting up
of the Rajinder Sachar committee to do a ‘‘headcount’’ of Muslims in all
sectors of government (including, initially, the armed forces) are being cited
as examples of the government’s ‘‘appeasement psychosis.’’

But it is the latest twist of events—the growing anti-Congress sentiment among
large sections of the Muslims following what they see as the government’s
‘‘pro-US’’ tilt—that has bolstered BJP leaders.

“The Congress is now in a dilemma. At Sonia Gandhi’s behest, the party and
government have gone out of their way to appease Muslims. But the Bush visit
and the Iran issue are turning the Muslims away from the Congress towards
parties such as the SP,’’ a senior BJP leader said.

The Congress, therefore, is likely to make more ‘‘blatant’’ efforts to woo the
Muslims (the Banerjee report is cited as a case in point) but that will only
help the BJP secure its erstwhile status of being the sole spokesman of the
majority community.

The Congress’s entire strategy, BJP ideologues feel, was based on a wrong
premise. ‘‘Congress believes that it lost its pre-eminent status because the
Muslims abandoned the party. But the Muslims never came to us, they went to
Third Front parties. However, the Congress’s appeasement policies created anger
among the Hindu middle class and that is what helped us grow,’’ a BJP insider
explained.

A similar story, the party hopes, could once again be unfolding. Now that the
intra-Sangh Parivar differences have been sorted out, a united saffron
offensive against ‘‘minorityism’’ is on the cards in a fervent attempt to bring
about Hindutva’s second coming.
  Reply
Op-Ed in Pioneer on the SC order sentencing Zaheera Sheikh...
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Leave her be </b>

Stop Press ------------ Zaheera Sheikh

<b>Last week, the star witness in the Best Bakery case, Zehraunissa Sheikh - universally known as Zaheera - was stamped a self-condemned liar by the Supreme Court.</b> The bench, comprising Justice Arijit Pasayat (former Chief Justice of the Orissa High Court) and Justice HK Sema, took a quick look at the BM Gupta committee's 150-page report, and read out its substance.

However, the judges said they were not accepting the report alone and have sought the opinion of defence counsel in regard to its "acceptability", and posted the matter for further hearing on October 24. A petition seeking review of the order will, therefore, soon be filed.

For Zaheera, and those keeping watching on the human side of the case, a ray of hope still flickers.

<b>Coming to the BM Gupta committee's Weltanschauung (overarching view), it charged Zaheera with turning hostile - read perjury under Section 193 of the IPC - and weakening her case substantially</b>. At the same time, however, the committee gave a clean chit to media-savvy and self-styled social activist Teesta Setalavad vis-a-vis the charges of inducement levelled against her by Zaheera.

<b>Looked at from the human angle, Zaheera is a lonely girl left in a Wagnerian storm. </b>On the one hand, she was subjected to a volley of questions for 40 days from special public prosecutor Manjula Rao. On the other, days before she was to hear the Supreme Court's harsh observation, she lost her brother Nafitullah, as doctors in Mumbai hospitals went on strike. <b>Zaheera and her mother are left with no elderly male member in their household.</b> Today, they are petrified, isolated souls, longing for help, a little solace.

Four years ago when their home was burnt down by rioters, their immediate need was of safe haven. <b>They asked the Anjuman Bahami Imdad Committee for help, which received large sums of foreign donations to help Best Bakery victims. The committee instead asked Zaheera for Rs 50,000 in return for a home!</b> That amount could have been afforded by Zaheera's family. They own a 20,000 sq ft property (worth about Rs 4 lakh) which needs to be sold. But who will do that for them? No "secular" organisation, no NGO, no Setalavad has come forward to help.

As a friend of Zaheera's family recently remarked: "Many Muslims like me believed, wrongly, that the relief committees were taking care of legal cases. <b>None of us knew that most of the NGOs were sitting on the funds given to them and doing nothing."</b>

So much so, the Muslim community almost proscribed Zaheera. There was not a single Muslim present in court when she gave evidence. <b>Incidentally, it was a Muslim who coerced her into twisting her statements. Numerous allurements as well as threats came her way</b>. Then there were those who assured her help in selling her property but nothing came of if.

<b>Ensnared by such emotional unrest, if Zaheera did turn hostile, the public opinion at least says let her be? At least she did finally tell the truth, admitting that she had lied earlier. </b>The last and lone straw she had to cling to. A person such as this deserves to be motivated to carry on her fight, not censure.<b> Like Hemingway's protagonists, she had to survive, and she did. </b>

Ashok Patnaik
<!--QuoteEnd--><!--QuoteEEnd-->


I think the justices should have thrown the book at Teesta Setalavad for her role but then she is MC Setalavad's daughter who probably was the senior advocate for most of these Justices.
  Reply
MC Setalavad's is behind Tehlaka and other connected entities.
  Reply
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--> 
<b>'Banerjee would have proved 9/11 was an accident' </b>
Pioneer News Service/ New Delhi
Advani flays Govt's vote-bank politics ----<b> "If Osama bin Laden had utilised the services of Justice UC Banerjee, the latter would have gone out of his way to prove that the 9/11 attack on Manhattan's World Trade Tower was caused by drunken pilots and not terrorists</b>!"  <!--emo&Big Grin--><img src='style_emoticons/<#EMO_DIR#>/biggrin.gif' border='0' style='vertical-align:middle' alt='biggrin.gif' /><!--endemo-->

<b>The acrid remark from BJP veteran and Leader of Opposition LK Advani set off a ripple of sniggers at a national seminar on Minorities and Minority Rights:</b> The Supreme Court and the State here on Sunday.

Mr Advani cited the Banerjee Committee report on the Godhra train fire as proof of the ridiculous extremes to which the ruling UPA could go in pursuit of its vote-bank politics of minority appeasement.

In a jocular vein, the BJP leader pointed that <b>the way Justice Banerjee went about proving that the train fire, in which 59 kar sevaks were roasted alive by a violent mob near Godhra Railway station, was 'accidental' had impressed Osama bin Laden.</b>

<b>"The joke doing the rounds is that he wants to use Justice Banerjee's expertise to prove that 9/11 was not a case of terrorist strike but an accident caused by drunken pilots," he said, evoking guffaws from the audience</b>.
..................
<!--QuoteEnd--><!--QuoteEEnd-->

ACLU should hire Banerjee.
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<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Godhra carnage: Key accused held </b>
Ahmedabad
One of the “core group” members, allegedly involved in planning and executing the Godhra train carnage, was arrested from Godhra town of Panchmahals district on Monday, police said here. Acting on a tip-off, police arrested accused Shaukat Yusuf alias Bibino, who had been absconding since the train carnage on February 27, 2002, from his in-law’s residence in Mohammed Mohalla locality, Deputy Inspector General of Police, Rakesh Asthana said.
<!--QuoteEnd--><!--QuoteEEnd-->
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The myth and truth of Godhra
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->The myth and truth of Godhra
By Arvind Lavakare

Since no ‘secularist’ or ‘liberal’ or ‘objective’ person ever challenged the above sets of figures, some questions arise: Who killed 200-odd Hindus so early in those riots? Was it the police or the Hindus themselves? And what made those 40,000 Hindus rush to relief camps? Was it fear of Hindu mob violence, rape, arson and murder?

Two recent ‘news briefs’ in print are critical evidence of a reality that’s been totally ignored by our ‘liberals’ who have, for four years running, gone on and on and on about the ‘genocide’ of Muslims in Gujarat after the sudden inferno in the S-6 compartment of Sabarmati Express had consumed 58 Hindus, including 26 women and 12 children, returning home after performing kar seva at Ayodhya.

In its edition of March 19, 2006, The Sunday Express carried the following report from Ahmedabad:

“Post-Godhra riot case: 7 get lifer
The city sessions court on Friday convicted seven people in a post-Godhra riot case and sentenced them to life term for the murder of 35-year-old Mukesh Panchal, a resident of Lambha. He was attacked by the accused and went missing on November 7, 2003 from Shah-e-Alam Darwaza. His mutilated body was found near Chandoka Lake on November 11. One of the seven accused—Javed Shaukat Ali—meanwhile managed to give the cops a slip and fled from the court.”

In its edition of Wednesday, March 29, 2006 The Indian Express carried the following report, also datelined Ahmedabad:

“Nine get jail in post-Godhra riot case
The city sessions court on Tuesday convicted nine accused in a post-Godhra riot case. Additional Sessions Judge Sonia Gokani sentenced Mushtaq alias Kanio Ahmed Sheikh to 10 years in jail for murder and attempt to murder. Eight others were sentenced to 18 months in prison for unlawful assembly, possessing weapons and rioting.”

Out of the five convictions so far in l’affaire Godhra, the above two rip the blindfold on Godhra that the country was subjected to since March 2002. Those two convictions conclusively prove that even as some Hindus in Vadodra, Ahmedabad and a few other parts of Gujarat were provoked into insane killing, arson and loot by the S-6 carnage, the Muslims in that state were hardly the cattle hiding from the slaughter house that they have been made out by the “secularists” in and outside our national English media. Do you, for instance, recall reading about the mutilation of Mukesh Panchal’s cadaver in any of the English print media? Did you hear a sound byte about it on our TV?

Yes, despite all the media and the consequent political, propaganda about the ‘genocide’ of Gujarat’s Muslims, the reality is that some of that community were also engaged in murder, rioting and unlawful assembly with arms in hand.

This trend was discernible to the objective person four years ago itself. Thus, in its issue of April 28, 2002, The Times of India reporter, Sanjay Pandey, told us that of the 726 people who had been killed by then in the post-Godhra riots, 168 were Hindus. In its issue of June 24, 2002, India Today carried an article saying that the official figure of all people killed in Gujarat in the three months following the S-6 massacre was 800, of which a quarter were Hindus. The Union Home Ministry’s Annual Report 2002-03 said that about a third of the total dead in the Godhra riots were Hindus. It also said that, at one stage, 40,000 Hindus were in riot relief camps.

Since no ‘secularist’ or ‘liberal’ or ‘objective’ person ever challenged the above sets of figures, some questions arise: Who killed 200-odd Hindus so early in those riots? Was it the police or the Hindus themselves? And what made those 40,000 Hindus rush to relief camps? Was it fear of Hindu mob violence, rape, arson and murder?

More proof of the blindfold on Godhra came in 2005, when the UPA coalition (comprising the ‘secular’ friends of Muslims) made a statement in Parliament that 254 Hindus and 790 Muslims were killed in those riots.

But our national media simply refused to remove the blindfold on Godhra. Hence it was that the elites of our society continued to rant about the Gujarat ‘pogrom of genocide’; some cussed Indians even conspired to deny a US visa to the Chief Minister of one of the country’s fastest developing states.

Aiding and abetting that conspiracy were reports from Human Rights Watch, Amnesty International et al. The National Human Rights Commission joined in; written lies by the likes of Arundhati Roy and fake e-mails added fuel to the fire. All of them went to town about the Gujarat ‘genocide’ with blinkers on, a blindfold underneath. None wanted to touch upon the minority community’s role in that tragedy.

But the latest criminal conviction of 16 Muslims evokes the recall of the Justice Tewatia Report on the Godhra issue published on April 26, 2002 under the aegis of the Council For International Affairs And Human Rights, based in New Delhi.

It was a report based on a six-day field study of a team headed by Justice D.S. Tewatia, former Chief Justice, Calcutta High Court and Punjab and Haryana High Court. Its other members were Dr J.C. Batra, senior advocate, Supreme Court, Dr Krishan Singh, academician, Jawahar Lal Kaul, veteran journalist, and Prof. B. K. Kuthiala, Dean, Faculty of Media Studies, G.J. University, Hisar.

The five-man team visited three affected areas and relief camps in Ahmedabad, interacting freely with the public and members of both communities, and without government interference. In Godhra, five delegations from both communities and also of mixed composition presented their views and facts to the team. Similarly, free discussions with the public and affected communities were held in Vadodra at seven affected areas and five relief camps. It collected information from the staff at the Godhra Railway Station, district administration, including the Collector and Police Commissioner, passengers traveling in Sabarmati Express on 27.02.02 in S-6 compartment as well as in other compartments, staff of the Fire Brigade, Godhra, reports in 22 newspapers and nine magazines (local, regional and Delhi) and views on media coverage articulated by some 500 persons including intellectuals like lawyers, doctors and businessmen. The site where the train was initially stopped and stoned was also visited. A high point was that 13 delegations consisting of 121 citizens met Justice Tewatia’s team and presented their viewpoints and information. The delegations ranged from the Association of Hoteliers to a group of Vanvasis and affected Muslim as well as Hindu women.

Based on the considerable oral, audio and visual evidence obtained from the above interactions, the Justice Tewatia team’s conclusions most relevant to the blindfold on Godhra were as follows:

Burning of 58 Hindu pilgrims on February 27, 2002 was an act carried out at the behest of then government of Pakistan which had planned to burn the entire Sabarmati Express carrying some 2000 passengers. The primary objective was to create Hindu-Muslim communal conflagration in India. The actual perpetrators were jehadi elements in the predominantly Muslim town of Godhra where

a very high traffic of telephone calls was recorded between Godhra and Pakistan, especially Karachi, before the date of the carnage

an abnormally large number of passports were issued,

there was a large number of persons without ration cards

a large number of unemployed Muslims had mobile phones,

though there is no tradition of being a Muslim pilgrim center and the local Muslims are not affluent, three istema (religious gatherings) have been held and attended by large numbers of foreigners, and

an Assistant Collector (a young Muslim from eastern UP) went on leave two days before the gory incident and did not return till the middle of March though the district of his posting was aflame with communal riots much earlier.

The vacuum pipe between the Coaches No. S-6 and S-7 was cut thereby preventing any further movement of the train. Miscreants threw bricks and stones at the train as soon as it left Godhra railway station. The stoning intensified after it finally stopped about 700 metres from the station. The passengers of the train, particularly Coaches S-5, S-6 and S-7, were the main targets. Burning missiles and acid bulbs were thrown on and in the coaches. One such acid missile landed in Coach S-7 and a fire started which the passengers were able to extinguish. But the attack continued and more burning missiles were thrown into the Coach S-6.

In an effort to control the subsequent riots, the Gujarat government

Publicly announced its decision to employ the Army on the evening of the day riots began on February 28 (Within less than 24 hours at least one brigade of Indian Army had air-landed at Ahmedabad),

Made preventive arrests of over 33,000 people,

Fired over 12,000 rounds of bullets,

Fired over 15,000 rounds of tear gas shells,

The involvement of Vanvasis in the post-Godhra riots added a new dimension to the communal violence. In rural areas the Vanvasis attacked the Muslim moneylenders, shopkeepers and the forest contractors. They used their traditional bow and arrows as also their implements used to cut trees and grass while attacking Muslims. They moved in groups and used coded signals for communication. Apparently, the accumulated anger of years of exploitation by Muslim moneylenders (interest of 50 per cent per annum), shopkeepers and forest contractors had become explosive after moneylenders sexually exploited their womenfolk.

The media selected, distorted and added fiction to prove their respective points of view. The code of ethics prescribed by the Press Council of India was violated by the media with impunity. It so enraged the citizens that several concerned citizens in the disturbed areas suggested that peace could return to the state only if some of the TV channels were closed for some weeks. Even the Vanvasis complained that the media had no time to hear their agony and was spreading canards against the Hindus. Newspapers published in English from Delhi invariably editorialised the news. Direct and indirect comments in the news writing were so telling that the personal likes and dislikes of the news reporters were too obvious to be missed. They appeared to have assumed the role of crusaders against the State Government from day one. It coloured the entire operation of newsgathering, feature writing and editorials.

Conclusions 1 to 4 above are indicators as to why our national media, ever afraid to criticise the Muslim and ever ready to indulge in BJP/Hindu bashing, bypassed the Justice Tewatia Report, despite its high credentials and the fact that it was publicly released at a press conference in New Delhi. After all, our ‘secular’ national media simply could not have tolerated giving even a line to report’s conclusion 5 above. Hence, they simply buried the whole report itself, put a blindfold on the country vision of it. After all, they had found their Hindu-bashing agenda in the post-Godhra riots and they were hell-bent in pushing it full steam, right up to the Supreme Court and beyond to the United Nations.

Will the criminal conviction of 16 by two separate sessions judges in Ahmedabad remove the blindfold on Godhra that the ‘monster media’ put on the people of this country?

<!--QuoteEnd--><!--QuoteEEnd-->
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http://www.fisiusa.org/fisi_News_items/God...ghts_report.htm

<b>FACTS SPEAK FOR THEMSELVES GODHRA AND AFTER</b>

A Field Study by
<b>Justice D. S. Tewatia
Dr. J.C.Batra
Dr. Krishan Singh Arya
Shri Jawahar Lal Kaul
Prof. B.K.Kuthiala</b>

COUNCIL FOR INTERNATIONAL AFFAIRS AND HUMAN RIGHTS
A-208, Surajmal Vihar
Delhi; 110 092

(Phone 2374816, fax 2377653, Email: rjournal@ndf.vsnl.net.in)

COUNCIL FOR INTERNATIONAL AFFAIRS AND HUMAN RIGHTS
GOVERNING BODY FOR THE TERM 2001-03
Chairman : Shri Shanta Kumar, Parliamentarian, Palampur
Vice-Chairmen: Justice D S Tewatia, Jurist, Gurgaon
Shri Chaman Lal Gupta, Parliamentarian, Jammu
Shri Y D Ahuja, Academician, New Delhi
Secy. General: Shri Shyam Khosla, Journalist, New Delhi
Secretaries: Prof. B K Kuthiala, Academician; Hisar
Shri R K Sharma, Journalist, New Delhi
Shri Kumar Rakesh, Journalist, New Delhi
Treasurer: Shri R Chandiwala, Chartered Accountant, New Delhi
Members: 1. Shri A.R.Kohli, Governor of Mizoram, Aizwal.
2. Dr Harsh Vardhan, Medical Administrator, New Delhi
3. Dr N K Trikha, Journalist, New Delhi
4. Dr Ajay Kumar, Physician, New Delhi
5. Shri A N Misra, Journalist, Nagpur
6. Mrs. Sudesh Bhatia, Academician, New Delhi
7. Prof. Shivaji Sarkar, Academician, New Delhi
8. Dr. J C Batra, Senior Advocate, New Delhi
9. Shri Vikas Mahajan, Advocate, New Delhi
10. Dr. J B Goyal, Academician, New Delhi
11. Shri Joseph Gathia, Social Activist, New Delhi
12. Shri Pradeep Thakur, Journalist, Gaziabad
13. Dr. K.C.Pandey, Teacher, Gaziabad

<b>PREFACE</b>

The Council for International Affairs and Human Rights is deeply concerned over the Godhra carnage that consumed 58 pilgrims, including 26 women and 12 children, returning from Ayodhya when the Sabarmati Express carrying them was torched near Godhra railway station and the subsequent sectarian violence. These gory incidents shocked the nation to no end. Torching alive innocent citizens is in total violation of Indian values and traditions and is a blot on the fair name of this ancient civilization. It is a gross violation of human rights of innocent citizens who were roasted alive or brutally killed or maimed for no fault of theirs.

The Gujarat tragedy is too deep for tears. An in-depth and objective study to understand the conspiracy, if any, that led to the burning alive of pilgrims and the killing of innocent citizens that took place is several parts of Gujarat is the need of the hour. It is equally important to identify the evil forces that were instrumental in accomplishing the "mission". The civil society needs to evolve ways and means to resolve the communal divide that has become a festering wound and poses a serious threat to human rights. It is of utmost importance to know how the administration responded to the challenge and what was the role of the political parties, social organisations, the intelligentsia and the media. It is in this context that the Governing Body of the Council that met at Delhi on March 22, 2002 decided to send a team to conduct a field study into the communal strife in Gujarat.

Justice D.S. Tewatia, Vice-Chairman of the Council and a former Chief Justice of Calcutta and Punjab and Haryana High Courts, is the leader of the team. Other members are: Dr J C Batra, senior advocate, Supreme Court of India, Dr. Krishan Singh Arya, Academician, Chandigarh, Shri Jawahar Lal Kaul, former Assistant Editor, Jansatta, Delhi, and Prof. B K Kuthiala, Dean, Faculty of Media Studies, G.J. University Hisar. The team left for Gujarat on April 1 and returned on April 7, 2002.

The team conducted a scientific field study into the horrendous happenings in Godhra and other parts of Gujarat and collected enormous evidence in the form of interviews and documents. It has produced a comprehensive rep ort dealing with numerous aspects of the tragedy. It was not possible for the team to uncover each and every dimension of the tragedy due to constraints of time and resources. But it has done a wonderful job in the limited time and resources available to it. The Council is extremely grateful to Justice Tewatia and his team for conducting the study and producing a comprehensive report.

The Council hopes that its labours will not go waste and that authorities concerned, the intelligentsia and the media as also the common citizens will take serious note of the conclusions and recommendations made by the team. A careful reading of the report will help sift fact from fiction and identify rumours and canards that have been spread by vested interests. The report, one hopes, will enable the nation to have a correct perspective of the forces behind the tragedy and the elements that exploited it for partisan considerations.

The Council is grateful to the members of the team, the representatives of various organisations of Hindus and Muslims of Gujarat, concerned citizens who came forward to narrate details of incidents and provided evidence and the local authorities that ensured that the team conducted the study without any hindrance.

Shyam Khosla
Secretary General.

April 26, 2002

<b>CONTENTS</b>
S No Chapter Page
1. Introduction 1
2. Data Collection 5
3. Godhra incident 9
4. Facts and inferences 22
5. Communal riots in Gujarat 25
6. Conclusions 35
7. Recommendations 40

<b>INTRODUCTION NEED FOR AN OBJECTIVE ANALYTICAL STUDY</b>

Finding the truth is the ultimate objective of any intellectual exercise. Be it a fact-finding mission, analysis of social, political or economic processes or a spiritual journey the edifice of truth is built on the facts. In sciences experiments are conducted to generate new information, which forms the basis for the enunciation of new theories and principles. Facts become sacred, inferences and opinions must arise from the information of the past and the new data gathered. Neutrality in the selection of past data, in the process of gathering new information and also in the process of analysis and derivation of inferences is fundamental to any objective intellectual endeavor.

<b>UNIPOLAR THOUGHT PROCESS</b>

Any exercise to search for truth has to make a beginning without any predispositions. Objectivity is lost if the past attitudes and aptitudes of the seeker of truth colour the vision and the analyst becomes blind to a set of information bits and another set of data is visualized as being greater than its real worth. In research hypothesis are stated and the researcher has a mind-set wherein based on dispassionate analysis of gathered data the stated hypothesis is either proved to be right or wrong. Incorrect derivations and inferences would arise if the researcher were emotionally or ideologically inclined to prove or disprove a given hypothesis. Truth is the first casualty of such an exercise. Intellectual honesty demands observations, analysis and derivations that are free from the personal or group prejudice and likes and dislikes of the analysts.

Unfortunately in today’s India the vocal, articulate and dominant sections of thinkers and analysts have become predictable. Even before an exercise of analysis of events and processes begins it is possible to almost correctly forecast the inferences and conclusions that are likely to be drawn by the individuals, groups or organizations. A newspaper would publish editorials and articles supporting and proving only one point of view. The outcome of the discussion is predictable depending upon the television channel that is hosting it. Even in the case of simple journalistic reporting the personal predispositions of the reporter glare prominently in the news stories. The questions asked clearly indicate
the ideological inclinations of the interviewer. So much so that even the organizations created under the statutes of the Constitution become partisan and their contentions are blind to a set of data and hyper-responsive to another set of facts. Unipolar thought process of Indian analysts and commentators has become a practice rather than an exception.

<b>QUEST FOR TRUTH</b>
When the problems of the nation receive skewed notice from its intellectuals the analysis cannot be realistic. Not only the problems get politicized, the analysis too is coloured with the vision of the analyst.

If the diagnosis of the problem is faulty, the solution is bound to be unrealistic and misdirected. When a physician commits error in the diagnosis of an ailment, he fails to cure the disease and may give birth to new problems. The country today needs better treatment by its intelligentsia. It is the dharma of the intelligentsia to be objective and search and state the truth and only the truth.

If we look back and introspect the achievements and failures of the nation after independence three facts clearly emerge. First, there was acute shortage of food grains and the country had to import wheat. It posed a serious challenge. The farming community and the scientists responded magnificently and we are now faced with a problem of plenty. Second, whenever the nation faced an external threat our jawans lived up to our expectations and defended our borders at the cost of their lives. It is a matter of pride for us that jawans and kisans that constitute the majority of the population brought glory to the country. The scientists too have taken the country to new heights, be it innovations in farming practices, atomic and space research or information technology.

<b>FAILURE OF GOVERNING CLASS</b>
Third, in most of the cases when a task came before the governing class of the society that includes bureaucracy and politicians, mismanagement, failures and deceptions are the outcome. The ruling class failed to manage the massive surplus produced by the farmers. The contradiction is that while millions of tonnes of wheat is rotting, a large chunk of our society is denied two square meals a day. It is a sad commentary on the governing class. Successive Governments lost on the table the gains achieved by our jawans in the battlefields. A vast majority of the people has contributed towards the growth and development of the country during fifty-five years of independence but a minuscule minority comprising the political class, bureaucracy, intelligentsia and the media have let the country down.

The tragic fact is that despite India being a democratic polity, a small minority of the elite controls the destiny of the nation. The intelligentsia, professionals and the media failed to provide the link between the vast majority of patriotic and duty conscious citizens and the governing class. They were supposed to keep a watch and provide policy and action options without prejudice. But what did they do? They lost their moorings and became a part of the governing class and diverted their intellect for perpetuation of the exploitative and self-serving elite class. Whereas kisans, jawans and scientists have more than met the challenges of nation building the intelligentsia along with politicians and bureaucrats have miserably failed to deliver the goods.

<b>ALTERNATE ACTION PLAN</b>
Independent India inherited the problem of disharmonious relationships between Hindus and Muslims. Amongst many other major problems communal disharmony has been a serious issue before the nation after independence. There were certain inherited realities and solutions were to be found within those parameters. The managers of free India have miserably failed to solve this problem. In fact, they have accentuated the problem and widened the gulf between the two largest communities living in the country. The disease aggravated as the decades passed largely because of the wrong medication. Is not the continuation of communal tensions between two major communities of the country an adverse comment on the performance of our ruling class, intelligentsia and the media? The answer is an assertive YES.

The inhuman burning of the Indian citizens traveling in a train at Godhra in the morning of February 27, 2002 and whatever followed in Gujarat and elsewhere is an evidence of the mismanagement of the communal divide between two major communities of the country. The political class having made appropriate noises to please their respective constituencies will go to back to its Kumbhkarani sleep to be woken up only when another carnage takes place. When a physician fails to cure certain ailment he looks for an alternative action plan and even takes a second opinion. But not our rulers.

<b>INDEPENDENT PROFESSIONALS</b>
But do our thinkers, planners and implementers ever sit back and ponder over their failures? They sing the same songs with perhaps new music. Instead of looking for their own failures they once again refuse to see the reality and selectively isolate the data to prove their own, many times repeated and widely known viewpoints. They are blind to their skewed perceptions. They are either unaware or willfully remaining unaware of the need for an alternate course of action.

It was in this backdrop that the Council for International Affairs and Human Rights decided to depute a Study Team of conscientious and independent professionals to conduct a field study in Godhra and other areas affected by sectarian violence. The team comprised:

1.Justice D.S. Tewatia, former Chief Justice: Calcutta High Court and Punjab and Haryana High Court.
2.Dr. J.C.Batra, Senior Advocate, Supreme Court of India.
3.Dr. Krishan Singh, Academician.
4.Shri Jawahar Lal Kaul, Veteran Journalist.
5.Prof. B.K.Kuthiala, Dean Faculty of Media Studies, G J University, Hisar.

<b>DATA COLLECTION VISITS INTERACTION AND DOCUMENTS</b>

The team reached Ahmedabad on 02.04.02 in the morning by train and visited three affected areas and some of the relief camps. At all the places team members interacted with the members of the public freely without intervention of any officials, government or otherwise.

On 03.04.02 the team went to Godhra and five delegations from both communities and also of mixed composition presented their views and facts to the team. The team then went to the Godhra Railway Station and interviewed the officials and some other witnesses of the burning of the S-6 Coach of the Sabarmati Express in the morning of 27.02.02. The site where the train was initially stopped and stoned was also visited. The team also minutely observed the burnt S-6 coach. The officials of the Fire Brigade who were involved in the fire fighting on the morning of 27.02.02 were also interviewed. The localities adjacent to the railway station along with the sites where demolition of structures illegally erected was carried out on 27.02.02 during the curfew hours were also visited. The team also visited a Girls High School at Godhara where Muslims from rural hinterland had migrated for safety.

In the evening the team had a meeting with the District Collector, Godhra along with other officials. The District Collector made a presentation of the actions that the district administration had taken after the incident near the railway station. Information was also provided in response to the questions raised by the members of the team. Prime Minister was to reach Godhra the next day and the team left for Vadodara late at night, as it did not want to be an obstacle in the arrangements being made for his visit.

<b>RELIEF CAMPS OF HINDUS AND MUSLIMS</b>
On 04.04.02 the team was in Vadodara where it visited five relief camps of both the communities and seven areas, which were the scenes of arson, fire and violence during the last month. Team also exposed itself to ground situations by visiting some sensitive areas where either:
a.two communities lived face to face with each other in different localities.
b.a small number of families of one community lived in neighborhood and surrounded by a large number of the families of the other community.
c.two communities lived in the same locality, both in significant numbers with houses of both communities randomly distributed.

The team visited some of the areas, which have been evacuated by the residents because either they were attacked or they apprehended an attack. To have the exposure to the realities the team also visited some areas where curfew was imposed. Permission to visit such areas was taken from the appropriate authorities.

In the afternoon the Commissioner Police, Vadodra and District Collector Vadodra met the team along with other officials. The team members were updated with the information regarding the management of situation till that day. The officials also answered the queries of the team.
At 5.00 pm the team met with the representatives of various media organizations - both print and electronic. About thirty media persons were present and an informative interaction took place. The team had taken a conscious decision not to address a press conference, as it did not want to express unprocessed, half-baked and impressionistic opinions.

<b>MEETING THE GOVERNOR & THE CHIEF MINISTER</b>
In the evening thirteen (13) delegations consisting of 121 citizens met the team and presented their viewpoints and information. The delegations included not only the members of both the communities but ranged from the Association of Hoteliers to a group of adivasis to affected Muslim and Hindu women.

On 05.04.02 the team once again visited the affected areas to see the change in the ground situation in two days after the team has visited on 02.04.02. Here once again the team spoke to common persons at the affected sites. In the afternoon the team had an in-depth discussion on the situation in the state with Shri Narendra Modi, Chief Minister, Gujarat. After meeting the Chief Minister, the team met the Police Commissioner, Ahmedabad. He gave some data about the preventive arrests (3046), booked (1807), FIRs lodged (636) killed (267 including 58 in police firing) and rounds fired by police (2842). In the afternoon seven delegations - five from Ahmedabad and two representing state level organizations
– briefed the team of their version of the incidents, perceptions and possible remedial measures.

Total number of citizens, both Muslims and Hindus, present in these meetings was 91. During and after dinner some important persons of the minority community met the team members personally and provided useful information. A retired judge of the High Court belonging to the Muslim community also apprised the team of his perception of the communal riots. He himself is a victim as his house was burnt a few days ago. In the morning of 06.04.02 team members went out individually to interact informally with common men to feel the pulse of the people. At noon the team went to Raj Bhawan to meet Shri Sunder Singh Bhandari, Governor, Gujarat where a very useful interaction took place.
<b>OBJECTIVITY IN OBSERVATION AND ANALYSIS</b>

In the evening the members boarded a train back to Delhi from where the team members dispersed to their respective stations. At this point of time every team member carried a heavy load of information, views and images of realities. For a week the team members engaged themselves in the process of sieving facts from fiction, correlating data with perceived realities and an objective dispassionate analysis. On 15.04.02 and also on 19.04.02 the team met in Delhi and after sharing each other’s analysis the report has been penned down as a collective effort.

It would also be worth mentioning that the Study Team has used both audio and video systems to record images of ground situation, evidence, and narration of the events by victims and witnesses and interviews. Some of these recordings were done with an explicit assurance given by the team to use the material only for the purposes of analysis and shall not be made public. Similarly a load of printed and handwritten documents have also been collected both from official and privates sources. Use of Internet has also been made extensively to interact and surfing for collection of relevant information.

All this information about the methodology is being provided so that the consumers of this information can evaluate the observations and analysis of the team independently. The strengths and weaknesses are both laid out and there is no attempt to pronounce hasty judgments without any scientific analysis or even without collating the information with other members of the study team. It did not visit the affected areas to strengthen the beliefs and perceptions of its members in a partisan manner, but it went with an open mind and a clean state and allowed the facts to speak for themselves. The objectivity of observation and analysis has been coupled with the honesty and integrity of scientific process of deducing and theory propositions.

<b>GODHRA INCIDENT

BURNING ALIVE OF 58 INDIAN CITIZENS TRAVELLING IN

COACH S-6 OF SABARMATI EXPRESS</b>

Train numbers 9164, 9166 and 9168 have been named Sabarmati Express after the name of the Sabarmati Ashram established by Mahatma Gandhi to experiment and propagate his philosophies of non-violence and swadeshi. The train runs up to Ahmedabad, from Faizabad (9164) on Saturdays, from Muzaffarabad (9166) on Wednesday, Friday and Monday and from Varanasi (9168) on Thursday, Sunday and Tuesday. It covers Lucknow, Gwalior, Bhopal, Indore and Dahod is its first halt in Gujarat. After traveling 74 km in 2 hrs and 19 minutes from Dahod the train is scheduled to arrive at 0255hrs at Godhra. After Godhra it halts at Vadodra, Anand and Nadiad reaching Ahmedabad at 0700hrs

<b>INNOCENT PILGRIMS</b>
On 26.02.02 Sabarmati Express started from Faizabad about 225 minutes late. On that fateful day, about 2300 pilgrims were travelling by the train. Most of them were returning from Ayodhya where they had gone for either participating in the shila pujan or for the purana ahuti of the ritual jap of Ram naam that the devotees began one month in advance at their respective places.

There were other passengers in the train including members of the Muslim community. However, it has been reported that most of the Muslim passengers got down at Dahod Railway Station and rest of them at Godhra and it appears that when the train was torched there was no Muslim passengers on the train except the elements who were to stop the train by pulling the chain as part of a conspiracy to burn the pilgrims alive.

<b>CHAIN PULLED AND VACUUM PIPE CUT</b>
At 07.42 hrs the train stopped at Godhra railway Station. After about five minutes, the train started to move but stopped for a few moments as some passengers could not board the train. It finally left the station but came to halt about 700 metres away from the station as some one had pulled the chain. The vacuum pipe between the Coaches No. S-6 and S-7 was cut thereby preventing any further movement of the train.

Miscreants threw bricks and stones at the train as soon as it left Godhra railway station. The stoning intensified after it finally stopped about 700 metres from the station. The passengers of the train, particularly Coaches S-5, S-6 and S-7, were the main targets. The passengers reportedly shut the windows and doors to protect themselves. Burning missiles and acid bulbs were thrown on and in the coaches. One such acid missile landed in Coach S-7 and a fire started which the passengers were able to extinguish. But the attack continued and more burning missiles were thrown into the Coach S-6.

<b>FIFTY EIGHT PILGRIMS ROASTED ALIVE</b>
Soon, S-6 caught fire and within minutes it was in flames. Passengers who managed to get out of the burning compartment were attacked with sharp weapons and stoned. They received serious injuries. Some of them got out through the windows and took shelter below the coach. After some time (between 20 minutes and 40 minutes) fire engine arrived at the scene and took about half an hour to extinguish the fire.

Inside the coach, 58 charred bodies were found. These included 26 women and 12 children. Those who had seen the charred bodies shiver even weeks after the incident while recalling the gory scene. Even a cursory look at the photographs of the charred bodies is a chilling experience. Forty-three (43) injured persons were rushed to the Civil Hospital at Godhra with different degrees of burns. The train left
Godhra at about 1230 hours minus Coach S-6, 58 dead and 43 injured.

The question why a large number of Hindus were roasted alive at the hands of Muslim crowds at Godhra and also what was the motivation to enact such a ghastly act needs to be answered. There is strong logic supported by direct and circumstantial evidence that enables the team to assert without an iota of doubt that the entire action was carried out on the behest of the Government of Pakistan. The primary objective was to create Hindu-Muslim communal conflagration in India. The reasons why Pakistan would resort to such acts are:

1.Hindu-Muslim communal riots in India would have echo in Bangladesh, and would help in cleansing of Hindus from that country resulting in further straining of relations with India. The communal rioting will provide yet another excuse for India bashing. The reaction in Bangladesh will add fuel to the already communally tense situation in India. It would ultimately gives sustenance to the "Two Nation Theory".

2.Hindu-Muslim riots in India would further accentuate alienation of Kashmiri Muslims, thereby creating further space in Kashmir for Pakistan’s nefarious activities against India.

3.Hindu-Muslim riots in India would tend to adversely affect India’s present friendly relations with Afghanistan. It is worth mentioning here that Prime Minister of Afghanistan had in a television interview while responding to a question about the nature of Afghanistan’s relations with India observed, "That would depend upon how India treats its Muslim minority". Incidentally, the Prime Minister of Afghanistan was in Delhi on the fateful day the train was torched.

4.Situation at the Indo-Pak border is extremely critical and volatile. A little misunderstanding or even an unintended move can lead to a war between the two countries. Hindu-Muslim riots in such a situation would come handy to weaken our defences as the army would have to be withdrawn from the borders to combat riots. The army is normally summoned to assist the civil authorities when the situation worsens as happened during recent riots in Gujarat.

With a view to maintain law and order, two Brigades of army were deployed in various parts of the state thereby leaving a portion of our border uncovered or weakly protected. To cite an example, if the troops deployed on the Katch border are withdrawn our defences in that area become weak and border more porous thereby increasing the danger of infiltration by jehadis and smugglers dealing with drugs and arms. What would please more the hostile neighbour and ISI than weak defences and porous borders and what can be a better mechanism than creating a situation where Indian army’s attention is diverted because of its deployment in riot-hit areas. All patriotic and nationalist forces demanding deployment of army to assist the civil authority for one reason or the other need to look at the situation from this angle as well.

5.Hindu-Muslim riots increase the alienation of the saner elements among Kashmiri Muslim and add to the support base of terrorist outfits sponsored, armed and financed by ISI. Terrorism and insurgency get a shot in the arm. In the event of a war between the two countries these subversive groups can play havoc.

6.Hindu-Muslim riots create tensions and misunderstanding between India and Muslim countries with which India has developed understanding and goodwill. By provoking communal violence, Pakistan wants to isolate India in the international community and tarnish its image as a pluralistic and democratic society.

Another question that needs systematic analysis is: Why Godhra? Why did Pakistan choose to enact this ghastly act at a small, little known town of Godhra? On the basis of information gathered from various sources the team identifies the following reasons for choosing Godhra for this carnage:

The rate of growth of Muslim population in Godhra is much higher than the national growth rate of Muslim population. At present the estimated ratio of Hindu-Muslim population ranges from 60:40 to 48:52. In any case, it is an established fact that Godhra has a very large Muslim population.

Most of them live on both the sides of the railway station in depth. In normal course, the Sabarmati Express was to arrive at Godhra railway Station at 02.55 a.m. The conspirators must have chosen the place with a view to complete their operation "Burn the train" at the dead of night when most of the passengers would be asleep. They must have planned to accomplish their evil "mission" unhindered and with impunity.

Godhra has the dubious distinction of having a large number of Muslim fundamentalists and ‘jehadi’ elements. Godhra is neither a Muslim pilgrim center like Ajmer nor a Muslim educational center like Aligarh and Deoband. The local Muslims are not economically affluent either, yet this town had hosted three ‘istema’- religious congregations. In one of the ‘istema’, Muslim representatives from more than hundred countries participated. The holding of international congregations on such a massive scale gives credence to the commonly held perception that there has been a massive inflow of foreign money into Godhra.

One Shri Haji Bilal, a Congress member of Nagarpalika, who has been booked by the police as the executor of the carnage, have been, according to locals, proudly proclaiming himself to be "Bin Laden of Godhra". President of the District Congress Committee, Farooq Malla and Congress activist and member of Godhra Nagarpalika, Abdul Rehman Dhatia, are amongst those booked for the carnage giving credence to reports that local Congressmen were actively involved in the
burning of the train.

The next question is: Why was this particular train chosen for torching? The team provides the following answer:

This particular train was chosen because the 2300 ‘pilgrims’ were returning from Ayodhya on this train. Torching and burning alive a large number of Hindu pilgrims (including women and children) was intended to let loose a tide of indignation and provocation of horrendous proportion in Hindu population resulting in intended ignition of the communal tinder box, causing wide spread Hindu-Muslim riots all over the country. However, the train got late and the miscreants were able to burn only one compartment instead of the entire train and (contrary to the expectations of their Pakistani masters) the communal riots were confined to only a part of Gujarat.
The evidence that leads to the conclusion that the torching of Sabarmati Express on the morning of 27.02.02 was pre-meditated can be stated as:

The train took only three minutes, as per the statement of the Stationmaster, form the platform to the place where it was stopped by pulling the chain at a distance of about 700 metres. It is impossible for a mob of about 2000 persons carrying acid bulbs and highly combustible liquids to converge within three minutes that too in the early hours of the morning.
The conspirators had done their homework. They ensured that the mob gets enough time to accomplish the misdeed. Had the train stopped because of chain pulling, the driver could have re-started the train after it was attacked by the mob. In order to ensure that the train would not move even an inch, the conspirators had deputed certain persons to cut the vacuum pipe.

Consequently, the train could not move before the pipe was repaired.

In order to establish the correct chronology of events the Study Team collected information from:
1.Staff at the Railway Station, Godhra
2.District Administration
3.Passengers traveling in Sabarmati Express on 27.02.02 in S-6
4.Passengers traveling in Sabarmati Express on 27.02.02 other than in S-6
5.Staff of the Fire Brigade, Godhra
6.Others who were witness to the later part of the incident
7. Reports in local, regional and Delhi Press.

<b>STAFF OF RAILWAY STATION GODHRA</b>
The staff at the Railway Station Godhra told the team that no serious quarrel took place on the platform when the train halted there for about 05 minutes. Immediately after the train started moving it stopped and few left-out passengers boarded the train and it started again. A mob of about 1000 Muslims ahead of the Railway Station started pelting stones and other missiles on the train. The train after moving about 700 metres stopped once again but with a jerk as a result of chain pulling. The vacuum pipe of the Coach No. S-6 was cut. The mob had by then swelled to more than 2000. They stoned the train and also threw burning missiles, concentrating on S-6 and S-7. Soon the Coach S-6 was seen burning and the flames reached outside the coach in no time. Railway Police rushed to the scene and after initial hesitation fired in the air to disperse the mob. There was no impact on the mob that did not disperse even after firing in the air and kept shouting slogans and throwing missiles at the police and the crowd comprising railway officials, passengers of the other coaches of the train and bystanders.

Fire brigade reached the site after about half an hour (from the time of the departure of the train from the platform). It took about half an hour to extinguish the flames and cool down the S-6 coach. District administration reached the spot after the fire had almost been extinguished and the mob had withdrawn to a distant place but was still shouting slogans. All through voices were heard on loudspeakers from both the sides of the railway track inciting the mob to kill and burn the infidels (kafirs) and the enemies of Bin Laden. With the help of civilians, the injured were taken to the Civil Hospital and the dead were brought out and counted. Burnt bodies of passengers were identified with the help of other passengers of the train including those of S-6 who had escaped unhurt or were not seriously injured.

<b>DISTRICT ADMINSTRATION, GODHRA</b>
As per the presentation made by the Collector of Panchmahal at Godhra, the Sabarmati express arrived at Godhra Railway station at 7.43 am (scheduled arrival at 2.55a.m.). Train departed at 7.48 a.m. and was stopped at a distance of 1km from Godhra railway station by pulling chain at "Signal Faliya". A mob of about 2000 miscreants attacked the train with stones and firebombs. Bogies no S/5 and S/6 were set on fire, bogies S/6 was completely burnt with 58 passengers in it including 26 women, 12 children and 20 men roasted alive.

D.S.P. rushed to the spot as soon as he got the information about the incident. Relief work started immediately by the Collector. Arrangements for firefighters were made. Along with the arrangements of Ambulance Van and ST Buses from RTO. Team of three doctors rushed to the site. Twentyfive passengers were treated on site. Food packets, drinking water was made available to stranded passengers. 43 injured passengers were shifted to civil hospital. Police fired 14 rounds and 30 teargas shells to prevent the mob from causing further damage. Curfew was imposed in the town at 10.55am. Collector with senior railway officers entered the burnt carriage to assess the casualties - 58 dead bodies found. Train departed for Ahmedabad with the rest of passengers at 12.40 pm. Inquest & post-mortem of all bodies was done by 4.30 pm. Bodies dispatched at 10.30 pm to Civil hospital, Sola, Ahmedabad.

<b>PASSENGERS TRAVELLING IN SABARMATI EXPRESS ON 27.02.02 IN COACH NO S-6</b>
Kamala (name changed in view of threats received and bomb attack on her a day before she was interviewed by the Study Team on O4.02.02), a college student, went to Ayodhya along with her parents and two sisters to perform the purana ahuti of the Ram jaap her mother was doing for the last one month. The family boarded the train at Faizabad in Coach no S-6 on 26.02.02 at about 0800 hours.

There were many passengers on the train who were chanting Ram naam and occasionally chanting jai Sri ram. In the morning of 27.02.02 the train was at Godhra railway station and as soon as it moved, a barrage of stones were thrown at the compartment. Terrified and taken aback, the passengers closed the windows.

The train stopped for a few moments and again started. After about 2-3 minutes the train stopped with a strong jerk rattling the passengers and the luggage. The train continued to be stoned with great intensity. Mob outside the train was pounding upon the windows and doors. Somebody from outside the train was able to open a window and threw a burning object into the compartment. It fell on the luggage and the fire started. Some passengers stated stamping on the fire, but more burning objects were thrown in as the mob broke open more windows. Some liquid was also poured in from the windows, which intensified the fire. Iron grills of some windows were detached from one side and bent to pick up the passengers’ luggage. This luggage was set on fire and thrown back into the coach. The passengers were terribly shaken and shouting for help. Some of them were able to open the door and get out.

Soon the entire coach was gutted. Smoke was so thick that it was impossible to breathe or see anything. She looked for her family members in vain and dropped out of the train from a window whose grill had been bent and detached from one side. Lying of the ground she could breathe a little and saw a huge mob with swords and iron rods hurling abuses at Hindus. She moved below the coach from where she was rescued after sometime. She may have remained unconscious for some time. She later identified the charred bodies of her mother, father and two sisters. One sister was an engineer and the other was a commerce graduate.

The same train took her to Ahmedabad where she now lives with her younger sister. She has already got Rs. 50,000 as relief and expects more. She told the team that she had heard certain Muslims saying that a lot of trouble was caused to them because of her narration of the Godhra tragedy and that she would be eliminated. A bomb was thrown into the room in which she was sleeping a day before the team met her. Fortunately, it did not explode. The matter was reported to the police who are investigating the case.

Raghu (name changed for reasons of security of the witness) was traveling in Coach S-6 of the Sabarmati Express on 27.02.02 and his narration of the events is similar to those of Kamala. When the coach was set on fire he went up on the upper berth in the hope that the fire will soon be extinguished. But when he got a choked because of the thick smoke he moved from one upper berth to another towards the door but the flames frustrated his first attempt to jump out. He returned and after some time made a desperate attempt and was able to reach the door where a passenger whom he had earlier seen in the train dragged him outside. He fell unconscious and was given water and sugar by a lady who was managing the passengers belonging to Ahmedabad. Though he felt dizzy he received no burn injuries except that his hair were partly burnt. His father and uncle were burnt alive in the same coach.

<b>PASSENGERS TRAVELLING IN SABARMATI EXPRESS ON 27.02.02 IN COACHES OTHER THAN S-6</b>
Shakuntla (name changed because of security reasons) narrates a story similar to that of Kamala and Raghu except that she was traveling in Coach S-7 and she was looking after a group of pilgrims from Ahmedabad. She got down at Godhra Railway Station and saw many pilgrims bidding each other Jai Ram ji ki as the first greeting in the morning. Some passengers took tea and one of the vendors angrily asked them not to make a noise. The pilgrims did not respond and got into the train as it had started moving. As some lady passengers were not able to board, the train stopped for a few moments and again steamed-off when the left-out passengers boarded. Along with the stones a burning missile landed in S-7 in which she was traveling but the fire was put out without much effort. After some time the train again stopped with a great jerk and shouts of maro-maro came from outside. She could not tell the approximate number of persons in the mob as all the windows were closed. Some one using a mike was inciting the mob to kill and loot the kafirs and the enemies of Bin laden.. Through a slit in the window she saw a part of the mob with iron rods and swords.

There was tension and suspense in the compartment No one knew what was happening or what would happen to him or her the next moment. After some time both the shouts of the crowd and the voice on the mike stopped. Shakuntla along with some other passengers got out and saw S-6 in flames. There were some injured and perplexed passengers outside. The mob had withdrawn a few hundred yards away. The fire engine arrived and the fire was put off. The mob kept throwing stones at the train from a distance. A few policemen were also there but they did nothing to protect the passengers. More and more passengers assembled near the burning coach and urged the police to take action against the miscreants but the police did nothing. Crying and shouting Shakuntla took out her bangles and offered them to the two policemen with rifles. The policemen fired a few shots in the air. That did not deter the mob.

When more police came and the fire was put out several passengers along with some policemen chased the attackers. Some persons told the police that the attackers had taken shelter in a nearby garage. The police hesitated to enter the garage. When the policemen on duty did not take any action, some passengers and locals entered the garage. But it was too late as the miscreants had by then escaped from another door on the other side of the garage. Shkuntla helped the authorities to identify some of the bodies and returned to Ahmedabad by the same train.

<b>STAFF OF THE FIRE BRIGADE, GODHRA</b>
Shri Pradeep Singh s/o Shri Bhola Singh, Motor Driver, Fire brigade, Godhra & Shri Vijay Kumar s/o Shri Ram Chander Sharma, Fireman, Fire Brigade, Godhra (names mentioned with the consent of the witnesses) said they reported for their shift duty at 0800hrs on 27.02.02. One of the major vehicles was out of order, as its clutch-plates had been taken out a few days earlier. On their arrival on 27.02.02 in their office they found that one of the nuts that connects the pipe to the water tank of the other fire engine was also missing. By the time they had put the nut in place a message about the fire in the train was received.

The Driver along with the firemen rushed towards the spot but on the way a mob led by Haji Balal, a Congress member of the Godra Nagarpalika, stopped the vehicle and did not allow it to proceed any further. A tall well built young man stood in front of the vehicle. The mob started pelted stones at the vehicle. A fireman sitting in the front seat had to take shelter behind the driver. The headlights and the windowpanes of the vehicle got damaged. Fearing for his own and his crew’s life the driver drove the vehicle through the mob, as it was not possible to move backwards. The mob gave in but by that time precious 15-20 minutes had been lost.

The vehicle reached at the site and crew saw one of the compartments blazing. The fire was brought under control in about half an hour. Fireman Vijay Singh reported that he saw one woman trying to come out. He covered himself with a blanket and tried twice to reach the lady but the flames were too hot and high and he could not enter the coach. He is deeply disappointed and said some lives could have been saved if the miscreants had not delayed the arrival of the fire engine. Both the witnesses stated that they were sure that the acts of demobilizing one of the vehicles and removing the nut of the connection of the pipe with the water tank were premeditated and the Congress member of Ghodhra Nagarpalika, Haji Balal, who is also chairman of the Vehicle Committee of the Nagarpalika, had hatched the conspiracy. Haji Balal had been visiting the fire station at night for the past few days on the pretext of watching films on the television. They also stated that had the train reached during the night, the entire train would have been burnt. Both the witnesses also said that the manner in which the bodies were charred and the furniture and luggage burnt indicates the use of some highly inflammable material like solvent in addition to petrol, diesel and kerosene.

The fire-crew informed the team that although they had reported the damage to the vehicle to their seniors no formal complaint had been registered. They also reported having received a threatening call warning them not to give statements about the obstruction to the fire engine by a crowd on 27.02.02. As the fire station has a call identification system, they know who made the threatening call.

The Study Team also inspected the Coach S-6. There was no evidence of any stove in the compartment. Although the Team was surprised to find two plastic jerrycans that have been referred to in the report submitted by a team of CPI (M). Wonder of wonders is that while the entire coach got burnt roasting alive the passengers, two plastic jerrycans remained intact. It seems to be a deliberate
attempt to plant evidence that is a very serious offence.

<b>OTHERS WHO WERE WITNESS TO LATER PART OF THE INCIDENT</b>
It is natural that when an incident of such a gravity happens many citizens gather at and near the place of incident. While visiting the affected areas and the relief camps the team members kept on searching for the persons who had been the witness to at least some part of the incident. Three such persons could be contacted and interviewed. All of them reported of the inability of the police to take action against the mob. The firing in the air was reluctant and no one saw firing of teargas shells or use of lathies as claimed by the police.

<b>REPORTS IN LOCAL, REGIONAL AND DELHI MEDIA</b>
The Study Team went carefully through the reports of the gory incidents published in 22 newspapers and 9 newsmagazines. There is so much variance in the reporting of the events in these publications that it is impossible to draw out a cohesive and acceptable chain of events. The reports vary from an accusation that the fire was stage-managed in order to malign the Muslim minority to an assertion that all Muslim passengers were asked to get down before Godhra by the conspirators. Since the team had reasonably credible evidence from direct witnesses it decided not to analyze the media reports for reconstruction of the chronology of events.

<b>GODHRA INCIDENT- ANALYSED</b>

<b>FACTS AND INFERENCES</b>
There has been so much said, written and broadcast about the Godhra incident that it is difficult to distinguish between facts, half-truths, innocent imagination and motivated lies. Media and interested parties have selected, distorted and added fiction to the story to prove their respective points of view.

Unfortunately, professionalism took a back seat as media persons, fact-finding commissions and administrators, by and large, failed to maintain the fairness, neutrality and objectivity expected from them. To engage in a dispassionate analysis the Study Team has divided all the facts relating to this incident into four categories:

1.Indisputable facts.
2. Facts that appear to be true but need verification.

1.Information that appears to be untrue.

2.Mysteries.

INDISPUTABLE FACTS
1.On 27.02.02 Sabarmati Express from Faizabad reached Godhra more than four hours late.
2.There were more than 2000 Hindu pilgrims on this train.
3.No serious dispute took place at the platform at Godhra between the passengers and the vendors.
4.The entire train was stoned right after it left the platform at Godhra and it continued even after it was stopped at Signal Faliya.
5.Firebombs, acid bulbs and highly inflammable liquid(s) were used to set the coaches on fire that must have been stored already for the purpose.
6.Miscreants succeeded in torching only one coach.
7.The conspirators did not allow the fire fighting staff to reach the burning train expeditiously.
8.The iron grills of the windows of S-6 were broken and bent from outside.
9.Fifty-eight passengers of coach S-6 were burnt to death by a Muslim mob and that one of the conspirators was a Congress Councillor, Haji Balal.
10.The train was stopped by pulling the chain and the vacuum pipe was cut.
11.Someone used the public address system exhorting the mob to kill kafirs and enemies of Bin Laden.
12.Assembly of a mob of about 2000 Muslims in three minutes could not have been spontaneous.
13.The attack on Sabarmati Express on 27.02.02 was pre-planned and pre-meditated. It was the result of a criminal conspiracy hatched by a hostile foreign power with the help of local jehadis.

<b>FACTS THAT NEED VERIFICATION</b>

1.There was a conspiracy to reduce the effectiveness of the fire fighting system of Godhra municipal committee.
2.The mob that burnt the coach had Muslims from outside the town as well.
3.Firearms were used by the mob.
4.Police could have caught or killed some of the miscreants at the spot.
5.Local politicians and elected representatives took active part in instigating the mob.
6.Railway Police at Dahod sent a message to Godhra Railway police that some Muslim youths on board Sabarmati Express were likely to create mischief at Godhra.
7.Head of a passenger of S-6 coach was cut when he tried to get out of the window. The head was later thrown back into the coach to burn.

<b>INFORMATION THAT APPEARS TO BE UNTRUE</b>
1.Some women passengers are missing.
2.Some women passengers were raped or molested.
3.Passengers had pulled the beard of a vendor at Godhra Railway Station.
4.Passengers carried weapons with them.
5.Railway staff connived with the miscreants.
6.The pilgrims had taunted certain Muslims of Godhra while returning from Ayodhya.
7.Police firing while they were burning the coach killed two Muslims.

<b>SOME MYSTERIES</b>
1.Assistant Collector, Godhra (a young Muslim from eastern UP) goes on leave two days before the incident and does not return till the middle of the March while the district of his posting was aflame with communal riots.
2.The unusual growth rate of Muslim population in Godhra.
3.Absence of information with the District officials about the number of arms licenses issued.
4.Abnormally large number of passports issued to the residents of Godhra.
5.Presence of a very large number of persons without ration cards in Signal Faliya and Polan Bazar areas of Godhra.
6.A large number of unemployed Muslims in Godhra have mobile phones.
7.Very high traffic of telephone calls from Godhra to Pakistan (mainly Karachi) before 27.02.02.
8. Holding of ‘istema’ - religious gatherings - at Godhra that were attended by foreigners in large numbers.

<b>COMMUNAL RIOTS IN GUJARAT
AFTER 27.02.02
BOTH SPONTANEOUS AND PLANNED BUT A TRAP OF INTERNATIONAL TERRORISM</b>
The news of the events of 27.02.02 at Godhra at about 0800 hrs spread like wild fire all over the country by the afternoon. The television media, which has the advantage of instantaneous reporting, played its role in disseminating the information about this carnage. Nothing happened for almost twenty-four hours, though the situation was said to be very tense. Vishwa Hindu Parishad gave a call for statewide bandh to protest against the Godhra carnage. Communal violence erupted almost simultaneously on 28.02.02 in many parts of the state when the charred bodies, the injured and the passengers travelling in the ill-fated train reached their homes. It became more intense during next twenty-four hours and started subsiding after that. After 01.03.02 there were only stray incidents of communal violence in certain parts of the state.

On 15.03.02, after shila daan ceremony at Ayodhya by Ramchandra Paramhans, processions of Ram dhun were taken out all over Gujarat. The participation on these occasions was very large in Gujarat, presumably as a reaction of what had happened in Godhra. The Ram dhun processions at many places including Ahemdabad and Vadodra became the points of communal tensions once again and the communal tension that was subsiding again flared up. Although the Muslim elders had assured the police at Vadodra that peace would be maintained at all costs, the processions were stoned from a mosque.

The intensity of the attack proves that these were pre-meditated. The attack was so massive that the police had a tough time handling it. The state once again came under the grip of communal riots. The rioting was very intense for about three days. Sectarian violence, however, continued in several parts of the state even three days after the attack on Hindu procession at Vadodra.

Incidents of violence on a large scale were initially reported from Ahmedabad and Vadodara towns and the districts of Panchmahals, Sabarkantha and Mehsana. Later it spread to other areas also. However the communal violence was mainly confined to Central and North Gujarat. Saurashtra and South Gujarat remained relatively peaceful. There was no communal violence in almost one half of Gujarat.

The team was told that when the charred bodies of the dead reached their families or the news of their killings reached the relatives, friends and neighbors attacked the nearby Muslim establishments. Similar incidents took place when chautha and kriya ceremonies of the dead were solemnised.

Gujarat has a long history of communal riots. The first such riot has been reported in 17
  Reply
(continued from previous post),

Gujarat has a long history of communal riots. The first such riot has been reported in 1714. After independence major riots broke out on several occasions since 1969. Jagmohan Reddy Commission of Inquiry of 1969 and Dave Commission of Inquiry of 1985 analysed the causes and consequences of communal tensions in great details. Serious rioting occurred in 1970 and also in 1992-93. According to
official data, Gujarat witnessed 443 major communal incidents between 1970 and 2002. Another characteristic of the communal frenzy in Gujarat is that it has always taken a long time to return to normalcy. For instance in Godhra itself in 1985 curfew remained imposed for about a year. Communal disturbance in 1985 continued for more than five months from February to July 1985.

The Study team has not gone into the facts and figures of the number of persons killed, injured and displaced, the loss of property destroyed and the number of cases related to molestation of women, if any. It is not because these facts are not important but because the team lacked the time and resources to go into these details. However the Study Team has analysed the situation for:

1.Administrative response
2.Deployment of Army
3.Relief and resettlement measures
4.Confidence building measures
5.Socio-economic profile of the rioting mobs
6.Involvement of vanvasis
7.Role of media
<b>ADMINISTRATIVE RESPONSE</b>

Based on the information collected from official and non-official sources at Godhra, Ahemdabad and Vadodara the Study Team is of the considered opinion that:
1.The local administration did not respond with speed to the Godhra carnage. The police remained a passive spectator and hesitated to use force against the miscreants. It made no attempt to apprehend the leaders of the mob that indulged in burning alive innocent pilgrims returning from Ayodhya. However, the administration took preventive measures after the VHP gave a call for Gujarat bandh in protest against the attack on the train.
2.In Godhra, Vadodara and Ahmedabad the police tried to control the rioting mobs but, more often than not, failed, as the police were outnumbered- the mobs were unexpectedly large and the police were inadequately armed. In certain cases, the mob carried more lethal weapons that the police had.
3.The administration was not prepared to handle massive migration of riot affected people of both the communities and did not have any idea of the quantum of the relief and rehabilitation work required.
4.Co-ordination between the administration and the NGOs was inadequate.
5.Training and drills for managing communal tensions was conspicuous by its absence in a state that periodically witnesses communal frenzy.
6.Socio-psychological understanding of the communal divide is lacking amongst the officials.
7.The adverse comments on the transfers of officials in the media and not so much the actual transfers demotivated the official machinery.
8.At many places policemen did commendable work of protecting life and property.

9.Policemen, by and large, responded to the situation without communal bias.

<b>DEPLOYMENT OF ARMY</b>

There has been lot of comments on the timing of the deployment of army in various urban and rural areas in Gujarat after the outbreak of violence. Although the team did not have enough time to go into the question in depth, the information made available to it shows that there was no delay on the part of the Gujarat Government in summoning and deployment of troops. A comparison with the past is presented for a proper perspective.

1.By the afternoon of 28.02.02 it was clear that the communal violence has spread widely and the situation had become so alarming that it was unlikely to be controlled by the police and paramilitary forces.

2.On 28.02.02 at 4.30 p.m. the Chief Minister announced at a press conference that the State Government has decided to call army to assist the civil administration.

3.By evening the Union Government had given instructions for the deployment of two brigades in Gujarat.

4.Defense Minister air dashed to Ahmedabad at midnight and had a meeting with the Chief Minister to discuss deployment of the army.

5.The army had to be withdrawn from the country’s border with Pakistan despite the fact that the troops are deployed in full strength in eye-ball-to-eye-ball situation on Indo-Pak borders.
6.Withdrawal of army from the border may have weakened the country’s defensive and offensive strategies.

7.Within less than 24 hours at least one brigade of Indian Army had air landed at Ahmedabad.

In a meeting at 0800hrs in which Chief Minister, Defence Minister, army generals and civil officers participated the formal plan for the deployment of the army was approved.

Magistrates who must accompany the army were appointed and by 11a.m. on 01.03.02 the actual deployment of army at sensitive points had begun.

8.The second brigade was deputed to Rajkot and Vadodara on 01.03.02 by that night.

9.Columns allotted to Godhra reached there in the morning of 02.03.02.

10.Army went back to barracks on 10.03.02.

11.In 1969 rioting started on 18.09.69 and army was called in on 21.09.69.

12.In 1985 the riots started on 15.04.85 and the army was called in on 16.04.85.

<b>RELIEF AND REHABILITATION MEASURES</b>

1.Many persons of both the communities whose houses were burnt or destroyed fled and came to the nearby towns for shelter.

2.Many persons who feared an attack on them also fled and gathered in nearby towns.

3.The State Government arranged for shelters called Relief Camps to provide safe temporary shelter to the displaced persons.

4.Many voluntary organizations of both the communities also opened Relief Camps for the displaced persons.

5.The Government managed some camps while other camps were run by the voluntary organizations.

6.Most of the inhabitants in the camps remained unoccupied, leading to idle talk and further reinforcement of views on communal basis.

7.The inhabitants did not feel confident and safe to go back to their respective habitations.

According to the State Government following is the information about the camps:
District
Number of Camps
Number of Inmates

Ahemdabad
44
68100

Anand
13
5200

Dahod
6
4526

Kheda
3
1441

Mahesana
6
2648

Panchmahals
7
8091

Sabarkantha
13
10938

Vadodara
11
12753

State Total
103
113697

<b>CONFIDENCE BUILDING MEASURES</b>
1.In affected areas deployment of police or other forces was very scanty.
2.Residents of the sensitive areas were living in an environment of fear.
3.The mutual mistrust between Hindu and Muslim population is on the increase.
4.Longer the stay in the camps more is the feeling of anxiety and uncertainty.
5.In affected areas, sensitive areas and relief camps there was no publicity material appealing and advising for communal harmony and peaceful co-existence
6.The Information and Public Relations machinery of the state did not disseminate words of assurance and appeals by the Prime Minister, Chief Minister and others that are likely to have a soothing effect on the hurt psyche of the people.
7.Presence of the reports of arson in newspapers and repetition of such reports on television affected negatively the process of confidence building.
8.Most of the voluntary and social organizations were working on sectarian lines and hardly worked for creating an environment of communal harmony.
9.Efforts of some of the officials to bring both the communities together and arrive at a compromise failed, as the amount of antagonism against each other is very high.

10.Rumors spread like wild fire increasing the level of anxieties.

<b>SOCIO-ECONOMIC PROFILES OF THE RIOTING MOBS</b>

(Based on information collected from officials and public, no direct observation)

1.Muslim mobs predominantly included persons of lower socio-economic strata.

2.Muslim mobs included many known faces but number of persons not earlier seen in the locality was also very large.

3.Hindu mobs, especially during the first week of March, comprised a mix of people belonging to lower, lower middle and upper middle socio-economic strata of the society.

4.Involvement of upper middle class Hindus in arson and looting is a phenomenon seen for the first time in the country.

5.The Hindu mobs appeared to be more interested in destroying the property of selected establishments of Muslims. It was reported that a chain of restaurants with Hindu names and owned by a Muslim family was targeted because of the perception that lot of money from gulf countries had been invested thereby putting Hindu competitors at a disadvantage.

6.Another new phenomenon reported to the Study Team was the presence and active participation of women in the mobs.

<b>INVOLVEMENT OF TRIBALS</b>

Earlier in Gujarat, tribals never got involved in the Hindu-Muslim riots. However, their involvement in post Godhra riots added a new dimension to the communal violence. In rural areas the vanvasis attacked the Muslim moneylenders, shopkeepers and the forest contractors. They used their traditional bow and arrows as also their implements used to cut the trees and grass while attacking Muslims. They moved in groups and used coded signals for communication. Two factors seems to have contributed to this disturbing phenomenon:

1.A delegation of tribals told the Study team that the Muslim moneylenders, shopkeepers and forest contractors have been exploiting the tribals for decades. They charged exorbitant rate of interest to money loaned to tribals. In certain cases the rate of interest is as high as 50 per cent per year. Having got into this never-ending vicious circle of loans, the tribals have been reduced to the status of bounded labour. Tribals working as servants are ill-treated by these money lenders who happen to be Muslims. The accumulated anger of years of exploitation became explosive when moneylenders sexually exploited their womenfolk. The tribals are no longer allowed to use forest produce that has been their sustenance for centuries. This too fuelled the feelings of anger, hatred and revenge among them.

2.Tribals have, of late, become conscious of their Hindu identity because of the awareness campaign launched by VHP and other Hindu outfits. Burning alive of Hindu pilgrims by a Muslim mob at Godhra provided the spark for the fire of revenge and hatred.

It may be mentioned that these are only exploratory postulations, scientific anthropological, economic and sociological analysis is required to understand the changed behavior of tribals.

<b>ROLE OF MEDIA</b>

The Study Team received a large number of complaints against ‘biased reporting’, ‘non-objective attitude’ and ‘anti Gujarat cospiracy’of Delhi Media. The team felt it necessary to objectively observe and analyse the role of Media both regional and English language newspapers published from metropolitan cities. It also solicited comments about the role of media from about 500 persons with whom the members of the team interacted. The team’s observations are:
1.Local and regional papers at times seemed to be emotionally surcharged and lost sight of objectivity. However, Gujrati newspapers, by and large, were factual in day to day reporting.

2.The editorial pages of local and regional newspapers maintained a balance in projecting all viewpoints.

3.Newspapers published in English from Delhi invariably editorialized the news. Direct and indirect comments in the news writing were so telling that the personal likes and dislikes of the news reporters were too obvious to be missed.

4.English language newspapers published from Delhi appeared to have assumed the role of crusaders against the State Government from day one. It coloured the entire operation of news gathering, feature writing and editorials.

5.The edit pages of English language press carried comments that clearly indicated biases:
a.against the State Government of Gujarat,
b.in favor of Congress, leftist parties and the secularist intellectuals,
c.indifferent to the carnage at Godhra,
d.against the Hindu organizations, and
e.against the NDA government at the Center.

6.Most of the national newspapers and news channels played down the intensity of Godhra carnage and projected it as a result of provocation by pilgrims. Not many reporters were deputed to dig out facts or to do follow-up stories. This resulted in large number of editorials and articles that projected Godhra as a reaction to provocation by ‘karsevaks’ and riots in rest of the state as "state sponsored terrorism".

7.A distorted image of sectarian violence in the state was projected by the electornic and print media based in Delhi.

8.Repeated telecasts of arson and violence contributed in spreading the tension to unaffected areas. TV channels ignored warning from officials and kept telecasting communal riots like infotainment.

9.Coverage of Machhipiti in Vadodara is an example. One national news channel went overboard to telecast police firing at Machhipit as if it had taken place in Ahmedabad.

10.On 27.02.02 the Government of Gujarat announced a compensation of Rs. 2 lakh for the next of kin of victims of Godhra carnage. There were protests about discrimination between Hindu and Muslim victims and the Government announced on March 9 that all victims would get Rs one lakh. Yet, as late as the first week of April a Congressperson in USA cited a report in an Indian newspaper to accuse the Government of discriminating against minorities in the grant of compensation. The newspaper concerned did not care to inform its readers of the correct situation.

11.The code of ethics prescribed by the Press Council of India was violated by the media with impunity. It so enraged the citizens that several concerned citizens in the disturbed areas suggested that peace could return to the state only if some of the TV channels were closed for some weeks.

12.Media did not help to cool down the tempers. It failed to act as a platform for a dialogue between the Hindus and Muslims on the one hand and between the people and the establishment on the other.

The Study Team is of the considered opinion that the media in general failed to perform as conscious and socially responsible gatekeepers of information. It followed in the footsteps of an American journalist who said, " My job is to report the facts. I give a damn to the consequences". Telecasting images that spread hatred and instigated violence is unhealthy, but their repeated telecast is lethal. The media acted as an interested party in the confrontation, not a neutral reporter of facts. The team was alarmed at the intensity of hostile attitude among the people of the state for Delhi press and television news channels. This attitude was especially articulated by delegations of intellectuals like lawyers, doctors, and businessmen. Even the tribals complained that the media had no time to hear their tale of their agony and was spreading canards against the Hindus.
<b>CONCLUSIONS</b>

<b>TERRORISM NURTURED BY COMMUNAL DISHARMONY</b>
The Godhra carnage and related incidents make a typical case study of international designs and conspiracies to weaken India as an emerging world power. Analysts and professional strategists of all ideological inclinations converge on one forecast that India is going to be a major player on the international scene sooner rather than later. The global community also realizes the inevitability of India becoming an important economic and military power. In such a situation it is but natural that nations hostile to India or its adversaries make all out efforts to create impediments in this process. Their strategy is to keep India engaged in communal and caste strife so that the nation’s focus on development is defused and its endeavour to emerge as a super-power is thwarted. It would surprise no one if Pakistan with the tacit support of not-so-friendly neighbours and world powers hatches conspiracies to destablise and weaken the Indian State.

A careful and in-depth analysis, if carried out with an open mind, would throw open an action plans where terrorist activities appear to be merging with the already existing strong antagonism between Muslims and Hindus. Our hostile neighbour, sometimes in the guise of a friend, keeps on creating wounds on the body polity of our nation. Creation and perpetuation of Kashmir problem is one such example. The support to the authoritarian regimes in Pakistan by USA and European countries speaks volumes about the super power’s commitment, or lack of it, to democratic values. Godhra and the wide spread communal violence in Gujarat in recent weeks is a part of this nefarious design. The Study Team concludes:

1.Burning of 58 Hindu pilgrims at Godhra on 27.02.02 was an act of international terrorism carried out with the evil objective of pushing the country into a communal cauldron.

2.The plan was to burn the entire train with more than two thousand passengers in the wee hours of February 27, 2002. It was a terrorist action plan that partly failed. The perpetrators of the terrorist acts received support from jehadi elements operating from Godhra. These included some Congress members of the Nagarpalika.

1.Preparations for enacting Godhra carnage were made in advance.
2.There were no quarrels or fights between Hindus and Muslim passengers on the train.
3.There were no quarrels or fights between the vendors and the Hindu pilgrims on the platform of Godhra Railway Station.
4.The intention of the mob was to put to death all the pilgrims travelling by the Sabharmati Express.
5.The fire fighting system available in Godhra was weakened and its arrival at the place of incident willfully delayed by the mob with the open participation of a Congress Councillor, Haji Balal.
6.The demographic changes in Godhra in recent years have made it a center for jehadi activities.
7.The Army was requisitioned and deployed in time.
8.The police was on many occasions overwhelmed by the rioting mobs that were massive and carried more lethal weapons than the police did.
9.Police did not have the training and know-how to mange situations of communal strife witnessed in the state in recent weeks.
10.Barring a few exceptions, the police was not found to be communally motivated.

11.Frequent deployment of army for internal management weakens the defence of our international borders and facilitates infiltration from across the border.
12.The local administration and police at Godhra did not take adequate and prompt action even after the receipt of information about the attack on the train by an armed mob. The local police was reluctant to use force against the rioting mob and made no attempt to arrest the leaders of the gang.
13.The local administration and the police should have been on the alert in view of the demographic and political changes taking place in the town.
15.The administration in Godhra, Ahmedabad and Vadodra was on the whole sensitized to the plight of Muslim minorities in their respective areas. However, the police failed to protect the citizens from frenzied mobs indulging in arson, looting and killing.
16.The relief work was carried out by establishing relief camps for victims of the riots. There are separate camps for Hindus and Muslims. Refugees are not satisfied with the facilities available in the camps.
17. Riot-affected citizens belonging to both the communities are reluctant to go back to their homes due to communal tension and apprehensions about violence.
18. Although Gujarat is a state notorious for communal riots, the bureaucracy and the police are not trained to handle communal riots and to take pre-emptive action to prevent sectarian violence.
19.Alternate strategies to mange communal divide have not been worked out.
20. Adverse media reports about role of officials affected their performance and de-motivated them. Several officers were reluctant to take firm action.
21.Gujarati language media was factual and objective. Yet its propensity to highlight the gory incidents in great details heightened communal tension.
22.English language media, particularly the Delhi Press, is perceived by the Gujaratis to be biased. The information disseminated by it was neither balanced nor impartial.
23.By converting half-baked news stories into major headlines, print as well as electronic media widened the psychological hiatus between Muslims and Hindus.
24.By disseminating half-truths and lies, the media played no mean role in distorting country’s image in the World.
25. The credibility of the media – both electronic and print – is at dangerously low ebb in Gujarat.
The sectarian violence in Gujarat that began in Godhra on 27.02.02 can be divided into four phases:
1.The first phase was Godhra incident which was planned and executed by a combination of external and internal jehadi forces. It lasted for less than an hour.
2.The second phase was the reaction of Godhra where Hindu pilgrims were roasted alive in the train. The backlash was very intense for 3-4 days. However, sporadic incidents continued for several weeks.
3. The third phase began on 15.03.02 after a Muslim mob attacked a Hindu procession chanting Ram dhun. Extensive media coverage of this attack provoked yet another round of communal riots that lasted for 4/5 days.

4. Sectarian violence continues even more than a month after Godhra. This fourth phase of violence has no provocation or justification other than to sustain the "Remove Modi" campaign. It is the constitutional duty of the State Government to protect citizens and maintain law and order. It is also in the partisan interest of the ruling party in the state to put an end to the communal violence as its continuity in office depends on how soon and how effectively it combats violence. It is, therefore, hard to reject Chief Minister’s contention that the Congress party that has a vested interest in getting him sacked is perpetuating the communal violence by provoking stray incidents.

<b>Thus the Study Team concludes:</b>
26.Communal violence in Gujarat has become politicized, and instead of treating it as human tragedy it is being used to get political mileage by political parties.
27.Loaded statements made by political leaders propounding their action plans increases the hiatus between Muslims and Hindus.
28.Continued communal violence in Gujarat has tarnished the image of the country in international field thereby reducing its status and bargaining power. Western countries jealous of India’s growing clout in the international community have used the riots to interfere in our internal affairs. The Centre has taken some steps to stem the rot but the role of the opposition is negative. It is encouraging Muslim outfits to involve foreign powers in their "oust Mody" campaign.

29.On the world canvass today strong indicators are visible that point to a concerted effort by jehadi forces to slow down ever-increasing importance of India in the world affairs.

30.There are also concerted efforts to disintegrate India, politically as well as emotionally.

31.There are elements within the country that help and collaborate with the forces inimical to India.
32.The governing class in India is ignorant or willfully blind to the threat perceptions posed by the jehadi forces.

<b>RECOMMENDATIONS ALTERNATE PLAN OF THOUGHT AND ACTION</b>

India cannot escape taking the responsibility of failure to manage the relationship between Hindus and Muslims just by pleading that the problem was inherited from the colonial rulers and the Muslim invaders. Fifty-five years is a long enough period to resolve the issue. Unfortunately, no serious effort has been made to bring Hindus and Muslims closer. On the other hand, certain parties for partisan considerations have exploited the hiatus between the two communities. External agencies fuel the fire of hatred but they succeed only because there are weaknesses within the country. International designs find a ready response from within the civil society as there is a fertile ground for separatist tendencies to grow.
Traditional methods of conflict resolution having failed, new systems need to be employed to convert communal mistrust into national affection and brotherhood. New approaches are required to convert the weaknesses into strength. A minority as large as the second largest Muslim country should not feel alienated nor should the majority community be made to feel that the minorities were appeased at its cost. The amount of time, energy, effort and other resources that the country spends for managing the communal conflicts and failing again and again, if gets diverted to the process of growth and development, India can become a land of plenty and prosperity. But the old problems must be seen from new angles and unorthodox measures taken.

The intelligentsia will have to come up with new yet realistic principles and theories of social systems that are based on ground realities. They must stop romanticizing the miseries of the nation. The bureaucracy have to devise action plans that show results within their lifetimes and cease to give extensions to the problem solving systems. The politicians have to look for alternate means of winning elections and stop treating citizens as mere voters to be used only as pawns in the hands of politicians.

The nation must accept that Hindus and Muslims have no options but to live together. There are only two options. One, to live in amity and the other to live in mutual hostility. Saner elements in the two communities would prefer the first option. Every action and situation that carries the potential of disturbing the mutual amity have to be identified and weeded out. The problem is complex and multifaceted and solution is bound to be difficult and elusive. But the country has a large storehouse of brains that can find solutions to still harder problems. New faces have to be entrusted this job. So a different set of persons who look at the problems from new angles and propose a mix of curative and preventive measures is the need of the hour.

In view of the enormity of the cancerous problem of communal conflicts and the field experience of recent happenings in Gujarat the Study Team proposes to recommend
a.long term measures

b.short term measures and

c. immediate steps to be taken

<b>LONG TERM MEASURES</b>

1. Following groups be constituted to study the problems of communal conflicts in the country:

c.Diagnostic Team: to investigate the genesis of the process of communal conflict and identify key problem areas

d.Curative Team: to determine the solutions for the problems identified by the diagnostic team

e.Preemptive Action Team: to prepare action plans so that existing tensions do not flare up and also to ensure that no new conflict situations arise. The teams should comprise of social scientists, conflict managers, jurists and media persons.

2. Participation in the acts of communal violence should be treated as a crime of as serious nature as an act of terrorism. In no case, communal violence should be allowed to become a lucrative vocation.

3. Deployment of army for internal law and order should be confined to the situation of internal emergency. The enemies of the country should not be allowed to use communal violence as a strategy for withdrawal of army from the border.

4. In the states, police forces on the lines of rapid action force be created for deployment during riots and natural disasters.

5. Election laws need to be amended so that the politicians are not able to use caste or religion for nurturing votes banks. Once the politicians are aware that vote banks based on caste or religion would not serve their purpose, a major portion of the communal problem will disappear.

6. A citizens standing committee be constituted to keep a watch on the communal situation so that if and when communal tension in any part of the country tends to increase the administration is warned to take preventive measures. Such committees need to be constituted at State, District, Block and Village levels.

<b>SHORT TERM MEASURES</b>

7. Several laws and orders passed by the successive governments have remained on paper only. Two such laws are directly related with maintenance of communal peace:
a.The order to ban the use of loud speakers in religious places as well as in processions.

b.the law to regulate the sale of property by the members of one community to the other in communally sensitive areas.

It is recommended that the above orders should be implemented and indirect sale deeds such as on power of attorney should also be taken care of. All encroachments in important public places, busy markets, religious places, near railway stations and bus stations as well as on highways especially at the entry points to the cities should be cleared.

8. It is recommended that the orders for the ban of loud speakers be put to practice with the cooperation with the leaders of various communities.

9. An inquiry commission should be set up to inquire into:
c.Economic and social exploitation of tribals in the state.
d.Recommend ways and means to stop their exploitation

10. Rehabilitation is not merely a physical act of placement of families. Serious efforts need to be done to restore the emotional state of mind. The village and mohalla majorities should be intimately involved in the work of rehabilitation.

11. Gujarat must conduct a review of its police force, which appears to be ill equipped to handle communal violence at the level of recent riots. Special training needs to be given in ‘crowd control’ methods.

<b> IMMEDEATE STEPS TO BE TAKEN</b>
12. The case of issuance of disproportionate number of passports in Godhra be investigated.

13. Punitive fines be imposed on the residents of localities where communal violence erupts after a notified date.

14. Media should use itself as a platform for creating harmonious relationships between different communities. Its crusade, if at all, should be for or against the processes and not for or against individuals.

15.Persons living in relief camps should be provided safe habitations. Community leaders should be actively involved in managing the rehabilitation.

16. Persons booked for communal violence must be prosecuted quickly and given exemplary punishment so that it acts as a deterrent.

17. An independent commission should examine the role of media, both electronic and print, during the communal violence in Gujarat.

18. A code-of-conduct should be developed for the media both for general news gathering and news presentation and during the communal riots. Till the time new code is adopted the guidelines given by the Press Council of India for covering communal tensions should be followed.

19. Television news channels have very significant influence on the minds of the viewers. If the channels so desire they can provide a healing touch to the wounded population of Gujarat. Indian news channels also have the professional talent required for the job. It is suggested that the television news channels take the roles of crusaders for peace.

20. A situation of continuous dialogue needs to be created in every habitation in Gujarat by establishing citizens’ peace committees. It has been proved that regular communication links reduces antagonism between warring groups.
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from email

The credibility of Teesta Setalwad of the Citizens for Justice & Peace and members of the CJP as regards their honesty, integrity and sense for justice is very low.

In justification of my statement I submit as follows:
(a)Teesta Setalvad's magazine " Communalism Combat " has very small circulation. The magazine is not visible in public libraries and stalls in public places. The NGO, Citizens for Justice and Peace has miniscule membership; it has not held any public meetings with large attendance; it holds, perhaps, only closed door meetings.There are doubts and suspicion regarding the sources of the huge funds required for activities of Teesta setalvad and her NGO,CJP.

(b)Teesta Setalwad had joined Asghar Ali Engineer and Archbishop Evan Dias in blaming Hindutvavadi leaders, the BJP, the RSS etcetera in the St. Michael's Church at Mahim on a Sunday, according to news in the Times of India of Sunday October 18, 1998 in the wake of rape of 3 nuns on September 22, 1998 in Zabua in Madhya Pradesh. Later on after the investigation it was found that the rapists were a gang, which included 12 Christians and a congressman, but no RSS men as alleged.
The criminals are undergoing imprisonment now but Teesta Setalvad has no courtesy to apologise for making false allegation and maligning Hindu organisations. Teesta Setalvad is not a Christian and had no routine business to go to the church with Asghar Ali Engineer, another Muslim. The October 1998 issue of "Communal Combat", edited by Teesta Setalvad has given news about the rape and blamed the Hindu organization for that. It is curious and very much suggestive that the concerned article about the incident is missing from the archives of the magazine and is not sent to me by e-mail as promised by concerned authorities of the magazine, despite reminder.
The rape incident was used in subsequent elections in MP, Rajasthan and Delhi to malign Hindu organizations and the BJP. Christian schools had declared "bandh" in Mumbai and a Morcha of School children from Don Bosco school was taken. One should think whether school children should be used to protest rape. After the police investigation was completed and the Christian rapists were arrested, the media ignored the news about the rapists completely. This one incident, alone, is a concrete proof to show that Teesta Setalvad is an anti-Hindu activist and an anti-BJP politician and not a human rights activist as claimed.

( c )Teesta Setalvad wrote a book for teachers of the Don Bosco School, Borivli, Mumbai, and circulated it in the school, in which she criticized Shivaji Maharaj in many ways and referred to his caste. This was in September 2001.The fact is that Shivaji Maharaj is known and highly revered throughout the country and particularly in Maharashtra for fighting Moghal ruler, Aurangzeb, who had imposed Jiziya tax only on Hindus, and not for his cast. As a result, teachers and parents of the school children protested and the school authorities had to withdraw the controversial book intended to poison the minds of young children to fulfil her heinous design. Astonishingly, Teesta Setalvad had not got the names of the publishers and the printers of the book printed on the book to escape from the clutches of the law. Teesta had not taken permission of the education department to publish the book. Unfortunately no NGO came forward to take Teesta Setalvad to task for violating rules.

( d )In the article, THE POLITICS OF TEXTBOOK( the Times of India – 24-10-1999), Teesta Setalvad is reported to have said: "Textbooks in Gujarat call Muslims, Christians and Parsis foreigners. They detail the ills of Christianity, the greed of the Pope and the sensual pleasures enjoyed by the Catholic clergy." All the above allegations of Teesta Setalvad are false.
<b>( e ) When Laloo Prasad Yadav ordered an enquiry into the burning of the Sabarmati Express in Godhra, and when contacted by the ToI, Teesta Setalwad of Citizens for Justice and Peace said, "The railway ministry had earlier abdicated its responsibility of independently investigating the incident which was warranted under the Railways Act." She stated that this inquiry was "long overdue". (ToI- 3-9-2004). According to the article, "Godhra probe:Lalu is wrong", by Arabinda Ghose in the weekly Organiser( 26-9-2004), it is clear that the probe ordered by the railway minister Lalu Prasad Yadav was illegal and politically motivated.
One term of reference is to find our whether the karsevaks were traveling without ticket. This type of enquiry is never made,when accidents take place. The fact is that Laloo announced an enquiry into the train burning with a view to showing that the victims had burned themselves. Laloo and the media were trying to impress upon the people that since petrol was poured from inside the compartment and fire started from inside, the Karsevaks burned themselves. These persons do not realize that a few outsiders out of the mob of 2000 rioters could force their entry into the compartment and do the misdeed.

( f ) Teesta Setalvad,Javed Akhtar,Alec Padamsee,Anil Dharker and the NGO Citizens for Peace and Justice met relatives of those killed in the coach S-6 of the Sabarmati Express on 27 February 2002 after 20 months on 5-10-2003, pretended that they were the victims' sympathizers, brought them to Mumbai, arranged a press conference in Mumbai and provoked them to speak against the BJP, the VHP and other Hindu organizations and yatras organized by these organisations. The Godhra victims were also used to demand ban on future Yatras in general and the proposed Yatra of March 15, 2003 to Ayodhya, in particular by Hindu organizations.
That the yatra turned out to be peaceful proved that Teesta Setalvad's demand was just an attempt to malign Hindu organization.
In an appeal to UP chief minister Mulayam Singh Yadav and Dy. Prime Minister L.K. Advani, the CJP demanded ban on the October 15 Ratha Yatra alleging outbreak of communal violence and insecurity among the minority community ( FPJ – 14-10-2003).
It must be noted that the VHP Yatra was very peaceful, despite provocation by organizations like the CJP. The ToI reported it as "flop".

( g )Teesta Setalvad and her NGO, CJP were using the Gujarat riots to spew venom against the RSS, the VHP and the BJP by using a section of the media in their favour, though it is reported that some Congressmen, the ISI of Pakistan and some Islamic fundamentalists were also involved in the riots. This is clear from a few of the following news reports:

( h )The Godhra train carnage on February 27, 2002 was an " act of terrorism planned at the behest of Pakistan to foment communal riots all over the country", according to a study report. The study, conducted by a five-member team led by Justice D S Tewatia, former Chief Justice of Calcutta High Court, for the Council of International Affairs and Human rights, released in New Delhi described the Godhra incident as an act of international terrorism planned and executed in connivance with the jehadi forces. Haji Bilal, Mohammad Husain Abdul Rahim Kalota and a few more Congresmen were involved in the plan to burn the Sabarmati Express at Godhra ( FPJ- 27-4-2002, Navabharat, Hindi daily- 30-5-2002, Loksatta-27-4-2002).

( ii )According to Jamiat Ulama-I-Hind most Congress corporators actively participated in the riots. JUH secretary Farooqi has a list of 25 Congress leaders
from Gujarat which included former Congress minister, a sitting MLA and a former MP. Farroqi acused Congress workers of committing sins of commission and omission during the riots.( ToI – 10-8-2003).

( iii )Teesta Setalvad herself had said in March 2002 that in the attack on former MP Ehsan Jaffery's house, a Congress member was among the mob ( FPJ – 30-3-2002).

(iv) The fact that Congress governments in Maharashtra, Rajasthan and Punjab refused to send police force to Gujarat, to control riots, though the Gijarat government was ready to spend full money for their deployment, shows that the congress was not interested in curbing the riots, but was interested only in making a political capital out of riots.

( i ) According to the editorial in the Free Press Journal Teesta Setalvad had come to access crores of rupees in the 1998 general election. In the editorial of the Free Press Journal dated November 5, 2004 again a reference to the suspicious sources of funding for multi-crore advertisements against the BJP in newspapers is made pointing out a finger to Teesta Setalvad.

( j ) Teesta Setalwad approached DCP, G.D.Pol in zone 5, Dadar, Mumbai and asked him to file FIR against VHP general secretary Praveen Togadia under sections 153A, 153B, 295A,298 and 505 for his alleged inflammatory speech at a meeting of the Rashtriya Vichar Manch at Nardulla Tank Maidan on March 16. ( ToI- 14-5-2003 ). The speech was not as alleged by Teesta and no untoward incidents took place after the speech.

( k ) Javed Akhtar and Alyque Padamsee and Vijay Tendulkar, all members of the CJP had congratulated Ashok Gehlot, the chief minister of Rajasthan, through a letter (IE-May 10,2003), for banning trishul and not allowing Togadia to enter Rajasthan though Court had allowed him to enter. According to a news (ToI- May 9, 2003), Additional district and sessions judge Ajay Kumar Jain, trident is not a weapon; and so he granted anticipatory bail to VHP activists accused of displaying trishuls, banned in Rajasthan under Arms Act.
Thus the venom spit by above members of the CJP is an attempt to malign Hindus, their leaders and their organizations. It must be noted that these persons had never criticized " Lathi rally" of Laloo Prasad Yadav in Bihar. (12-5-3-Indian Express ), the rally with bows and arrows of more than 1000 activists of Communist
Party of India (Maoists) in Kolkata ( FPJ- 16-12-2004) and rifle rallies of Naxalites in Andhra Pradesh.</b>

( l )Alyque Padamsee, an activist of the CJP, had said recently that he does not know Mumbai, but knows Bombay. He has no objection for renaming Calcutta as Kolkata, Madras as Chennai and Trivendram as Thiruanathapuram.

( m ) Vijay Tendulkar, an activist of the CJP, had said at a speech in Pune and then in Dapoli in Maharashtra in November 2003, that if he is given a gun, he would shoot Narendra Modi. This reveals the bonafides of the organization CJP.

(n) At a press conference in Mumbai in February 2004, Asghar Ali Engineer, member of the NGO, Citizens for Defending Constitutional Democracy and Secularism, at a press conference, said in Mumbai " BJP has polarized the country and came to power by attacking minorities, secularism and Indian pluralism" ( FPJ – February 26, 2004). All such utterances of members of the CJP reveal that it is an anti-Hindu, anti-BJP organization.

( o ) One can have freedom to have his views and have an organization, but to form an organization and pretend that it is citizen's organization, a non-political and that also for peace and justice is certainly deception and cheating. I am to add that this organization is not registered under any act and its membership is not open for citizens though the word "citizen" is therein. I allege that it does not have any Constitution of its own. I pray the Supreme Court to take this into consideration and decide the bonafides of the organization " Citizens for Justice and Peace".
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<!--QuoteBegin-Mudy+Jul 28 2005, 08:13 PM-->QUOTE(Mudy @ Jul 28 2005, 08:13 PM)<!--QuoteEBegin--><!--QuoteBegin--><div class='quotetop'>QUOTE<!--QuoteEBegin--> Justice Buy-me-now-ji <!--QuoteEnd--><!--QuoteEEnd-->
He is not only moron but fly-me-abroad-now-ji.
It just shows standard of Indian legal education and pathetic judiciary system.
[right][snapback]36815[/snapback][/right]
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Backhanded slap for Buy-me-now-ji

Godhra probe: HC declares Banerjee Committee 'illegal'

<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>In an embarrassment to the Centre</b>, the <span style='font-size:14pt;line-height:100%'>Gujarat High Court on Friday declared as "illegal" the setting up of U C Banerjee Committee to probe certain aspects of Godhra train carnage. </span>
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<!--emo&:roll--><img src='style_emoticons/<#EMO_DIR#>/ROTFL.gif' border='0' style='vertical-align:middle' alt='ROTFL.gif' /><!--endemo--> <!--emo&:roll--><img src='style_emoticons/<#EMO_DIR#>/ROTFL.gif' border='0' style='vertical-align:middle' alt='ROTFL.gif' /><!--endemo--> <!--emo&:roll--><img src='style_emoticons/<#EMO_DIR#>/ROTFL.gif' border='0' style='vertical-align:middle' alt='ROTFL.gif' /><!--endemo-->
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Whatever, damage is done. IMC and other Islamic organization just read Baneerji report and consider that from Quran and rest of reports are bogus.

It only shows, UPA or Sonia led Government is not only corrupt or unethical but biggest fraud on I billion citizens of India.
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What is the status of Justice Nanavati commission?
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<b>Setback to Lalu, HC rules pet Banerjee probe illegal</b>
RK Misra | Gandhinagar
The Pioneer
Oct. 14, 2006

The Union Railway Ministry initiated UC Banerjee committee which probed aspects
of the <b>Godhra train carnage has been declared as illegal and unconstitutional</b> by the Gujarat High Court on Friday marking a stunning setback for the UPA
Government in general and Union Railway Minister Lalu Prasad in particular.

In his order, Justice DN Patel has restrained the Centre from use of the report
and also from it being tabled in Parliament.

Reacting to the judgement, State Chief Minister Narendra Modi said the panel had
been set up with the express purpose of saving those involved in the Godhra
carnage and demanded the resignation of all those who had any role to play in
this affair. He also demanded the UPA Government apologise to Parliament and
hoped the judgement would come as a soothing balm for the next of kin of all
those who lost their lives in this incident.

The order upheld the contention of Neelkanth Bhatia, one of the survivors of the
carnage who challenged the constitution of the Banerjee Committee on the ground
that a duly constituted Nanavati-Shah Commission was already probing the matter
and that Section 3 of the Commissions of Enquiry Act prohibited the appointment
of a new commission when another commission was already inquiring the matter.

The Nanavati-Shah commission appointed by the Gujarat Government is already
examining the Godhra train carnage and the Statewide communal riots that
followed thereafter.

It was of the opinion that the Railway Ministry and the <b>Central Government had
no jurisdiction to issue the September 2, 2004, notification appointing the
Banerjee Committee and its constitution was "unconstitutional, illegal and null
and void".</b>

The High Court observed that neither under the Commission of Inquiry Act nor
under the Indian Railways Act, the Railway Ministry was authorised to appoint
another committee to inquire into the same matter for which a judicial inquiry
commission was appointed.

The matter had came up before the division bench of the High Court after the
single-judge Bench put restrictions on placing of the report before Parliament
and on its publication. After the order of the Bench, the matter went back to
the single-judge Bench for hearing the case.

The court also did not entertain the plea that the Centre had jurisdiction in
any inter-State matters as the train had passed through more than one State
pointing out that such powers were vested in the Centre in appointing an
inquiry commission and not a high-level committee. <b>The court also termed as a
colourable exercise with malafide intentions the subsequent upgradation of the
committee to a commission.</b>

Justice Patel also took exception To the way its interim report was submitted
just two days before the Bihar elections and the amount of publicity given to
it for apparent political advantages. The court also flayed the Banerjee
committee's interim report describing the fire in the coach as "accidental,
possibly caused by short circuiting." <b>He felt that the Banerjee report
was "contrary" to the "facts" available to the court and also the "admission" by
the Railway Accident Claim Tribunal.</b>

Two bogies of the Sabarmati Express on it's way to Ahmedabad were attacked and
set on fire at the Godhra railway station on February 27,2002 leading to the
death of 58 passengers all belonging to the majority community. The incident
triggered of statewide communal riots in Gujarat.The Nanavati-Shah commission
was appointed by the Narendra Modi Government to probe the train carnage and
the riots that followed while the UC Banerjee committee was set up by the Union
Railway Ministry in September 2004, reportedly to probe the safety aspects after
the UPA Government came to power at the Centre.

The Banerjee panel was subsequently upgraded to the level of a full-fledged
enquiry commission.

In fact the two panels were themselves at loggerheads with the Nanavati-Shah
Commission summoning the records of deposition from the UC Banerjee Committee and the latter taking the stand that the summons issued to it was in fact
addressed to the High Level Committee which no longer exists and has become a
Commission through a notification dated December 2,2005.

Now the Banerjee Commission and the Nanavati Commission are of equal status and have the powers of a civil court under Section 4 of the Act.

Even earlier, the High Court had rejected the Railway Ministry's plea seeking
vacation of the stay on tabling of the UC Banerjee Commission report in
Parliament, till the matter was concluded. It also observed prima facie that
the Railway ministry had no powers to set up such a committee.

The division Bench of Justices MS Shah and SG Dave had rejected the appeal of
the Ministry and ordered that the Commission's report cannot be tabled in
Parliament till the final hearing of the matter is not concluded in April.


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<!--QuoteBegin-->QUOTE<!--QuoteEBegin--> <b>Conspiracy Exposed</b>
The Pioneer Edit Desk
Twisting the truth about Godhra

The ham-handed attempt of the UPA Government to controvert the basic facts of the Godhra carnage in February 2002, in which a coach of Sabarmati Express packed with Hindu pilgrims was set ablaze by a Muslim mob, has come a cropper, with the Gujarat High Court declaring the Justice UC Banerjee Committee as "unconstitutional, illegal and void". Mr Banerjee was appointed by Union Railways Minister Lalu Prasad Yadav to conduct a parallel 'inquiry' into the ghastly incident and the committee's interim report, widely used as election propaganda material in Bihar by the Congress and the Rashtriya Janata Dal, made it abundantly clear that along with his remit, the former judge of the Supreme Court was also given a draft of what he should say in his findings. Although Mr Banerjee, whose conduct puts a question mark on his credibility and integrity, now claims that his findings are free of political bias, the High Court's judgement upholds the popular perception that the collaborative effort to cleanse the culprits of their horrendous crime is not without an ulterior motive and of a piece with the surreptitious effort to use the POTA review committee, nominated by the UPA Government, to drop the charges against those arrested for planning and executing the ghastly act. That this inference is not unfounded is further borne out by the efforts of the Congress and its allies to save Mohammed Afzal Guru from the gallows. The pattern that emerges is clear: <span style='font-size:14pt;line-height:100%'>This regime is willing to go to any extent to appease those who have nothing but contempt for the nation and its people in the mistaken belief that by sparing criminals it can reap Muslim votes. </span>The outcome of the Bihar Assembly election should have effectively negated such perverse thinking, but neither the Congress nor its drumbeaters, including those in the Left, are easily deterred.

Hence, the Gujarat High Court's ruling - that by setting up the UC Banerjee Committee, the UPA Government violated provisions of the Commission of the Inquiry Act and the Indian Railways Act because the Justice Nanavati-Shah Commission is already probing the Godhra carnage that resulted in the death of 59 karsevaks returning from Ayodhya - has not had its desired deterrent effect on the UPA Government, least of all on the Congress. The irreverence with which the Congress treats judicial pronouncements is reflected in the party spokesman's rejection of Friday's judgement and the brazen assertion that the High Court verdict is not the last word in the judicial process. This is only to be expected because the absurd 'finding' of Mr Banerjee, who did not even bother to speak to those who survived the attack or the relatives of those who died and yet came to the amazing conclusion that the devastating fire in the coach was accidental and not intentional, suits the twisted politics of those who practice minorityism. For them, it is inconsequential that a Railway Tribunal's findings differ from this story; nor is it of any relevance that a local court has prima facie accepted that the fire was the handiwork of a mob. But sooner than later, justice catches up with criminals and their 'secular' patrons. And the voices of those who have suffered on account of this nexus have begun to count.
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ran into this recently

http://india.indymedia.org/en/2003/02/3235.shtml
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rajeshG, What does it say? Link is dead.
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That site seems to be hacked. It had some godhra related articles. One of the links from that site for example was.

http://www.fisiusa.org/fisi_News_items/G...ra0145.htm
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<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->http://www.dailypioneer.com/indexn12.asp?main_variable=STATES&file_name=state1%2Etxt&counter_img=1 

<b>'Fire in Sabarmati S-6 coach was a conspiracy' </b>
RK Misra | Ahmedabad
The fire in the S-6 coach of the Sabarmati Express was not accidental but part of a "pre-planned conspiracy" by the Muslims of Godhra backed by "Pakistan-based jehadi elements," argued the counsel of the Gujarat Government and the Vishwa Hindu Parishad before the Nanavati-Shah Commission here on Monday.

Basing his contention on a "confessional statement" given by one of the accused, Abdul Kalandar, State Government pleader Sumit Shah said that some of the Muslim leaders had met at the Aman guesthouse in Godhra the previous night where the conspiracy was hatched. The conspirators had arranged for petrol in cans, which were stored in the guesthouse, and later made inquiries at the Godhra station about the arrival of the train. The chains were pulled four times before the train stopped at Signal Falia locality at the end of the Godhra platform, thus conclusively proving that the fire in the coach was a pre-planned conspiracy, he observed.

Taking a similar line, Deepak Shukla, counsel for the VHP, said that the conspiracy for the arson on the train was planned initially for the entire train at Chanchelav station before Godhra but there were alterations in the plan since the train was running late. 

He quoted several witnesses, including some senior railways and security officials at Godhra, to make the case that a Muslim mob of about 800 to 1,000 people had collected and stoned the coaches to cut off their escape and then sliced open the vestibule between coach numbers S-6 and S-7 to enter the coach with petrol cans and set it on fire. "A mob of such strength is not possible to collect in a five-minute halt except with advanced planning," he stated. 
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