05-20-2005, 01:15 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->An APPEAL From CITIZENS FOR JUSTICE & PEACE
Join us in our effort to build peace with justice in our country
As a concerned citizen, you must have heard of the Citizens for Justice & Peace (CJP), the legal action group that has been constantly in the news in the last three years.
CJP is today universally recognised as the legal action group responsible for the Supreme Court's historic verdict of April 2004, ordering the retrial of the Best Bakery massacre case outside Gujarat.
We invite you to join us in our effort to build peace with justice in our country by enlisting yourself as a member of `Friends of CJP'.
Genesis: Citizens for Justice and Peace, a registered society, was born on April 1, 2002 in the backdrop of the genocide in Gujarat.
Aims & Objects: "To promote values that will encourage the development of peace, justice and reconciliation, by all means, in every place, among all peoples of India and in every sphere of society".
Goal: `A hate- free, violence-free India'.
Calendar of activities (April 2002-March 2005)
CJP's activities in the last 3 years have been focussed on legal interventions to ensure justice for the victims and punishment for the perpetrators of the Gujarat genocide.
Success stories so far:
1. Relief measures
Action: Petition in Gujarat High Court (April 2002) to make the state government provide and pay for adequate relief to the 1.7 lakh people rendered homeless and destitute; petitions against government officials coercing relief camp managers into closing their camps even when the victims had nowhere to go.
Result: High Court orders ensure that many relief camps stay open until September-October 2002; a highly reluctant state government made to spend several additional crores on relief measures.
2. Citizens probe
Action: Setting up of a Concerned Citizens Tribunal headed by three retired Supreme Court and Mumbai High Court judges for a citizens' probe into the carnage (May 2002).
Result: The 3-volume Tribunal's report, `Crime Against Humanity' (November 2002) is to date the most authentic and incisive documentation of the genocidal violence in Gujarat. Its recommendations have triggered a national campaign for ensuring institutional reform to prevent mass crimes in future.
3. No votes over dead bodies
Action: CJP submits a detailed and a well-documented memorandum and leads delegation of victims to the Chief Election Commissioner, Lyngdoh, challenging the Gujarat government's claim that the situation in Gujarat was normal to ensure a free and fair trial. (August 2002).
Result: CEC rejects the Gujarat government's claim of normalcy and orders postponement of polls.
4. Transfer and retrial of Best Bakery Case Action: CJP petitions the Supreme Court of India along with Zahira Shaikh, asking for a retrial of the Best Bakery massacre case outside Gujarat (August 2003).
Result: (i) In a historic and unprecedented judgment (April 2004), the Supreme Court orders retrial of the Best Bakery case outside Gujarat (in Maharashtra).
(ii) The Supreme Court has decided to monitor the progress of all the carnage related cases in Gujarat and has appointed an amicus curae.
(iii) In course of hearing of the Best Bakery case, the then Chief Justice AN Khare enunciated the fundamental democratic principle: "A government that fails to protect the life of its citizens (Raj Dharm) has no right to rule".
(iv) In related matters, the Supreme Court directed the DGP of Gujarat to reopen and review the over 2,000 incidents of violence that had been closed by the state police.
5. Godhra victims approach CJP
Action: Inspired by CJP's commitment to justice and fair play, four families from Ahmedabad, each of whom had lost one or more family member in coach S-6 of the Sabarmati Express train tragedy at Godhra, approach CJP for legal assistance. CJP files an application in the Supreme Court (October 2003) for a retrial of the Godhra train fire case outside Gujarat as the affected families did not expect to get justice in the state.
Result: The Godhra trial was stayed by the Supreme Court on November 21, 2003. The plea for re-investigation and transfer is pending.
6. Punish, don't promote, guilty policemen
Action: CJP petitions the Supreme Court, challenging the NDA government's malafide promotion and transfer of former Ahmedabad Police Commissioner, PC Pandey, as Deputy Director, CBI. A CJP petition (May 2002) for the investigation by the CBI of major incidents of massacre in Gujarat in 2002, is pending before the Supreme Court. Pandey's own role during the carnage needs investigation.
Result: The Union government moves PC Pandey out of the CBI.
7. Compensation to victims of terrorism in J&K
Action: On the request of the families concerned, CJP pursues with the J&K government, asking for expeditious payment of compensation to the Mumbai-based Chandrakant Shah and Nirav Vakharia whose family members were killed or
seriously injured in the bomb blast in a hotel in Pahalgam, Kashmir (June 2004).
Result: The affected families receive timely compensation.
The future
While CJP is happy with what it has been able to achieve in the 3 short years of its existence, it is also conscious of the fact that the campaign for a `Riot Free' India where the Rule of Law prevails is going to be long drawn.
Pending Cases:
1. Supreme Court stays major carnage cases CJP filed a petition in the Supreme Court (May 2002) asking for direction that, as recommended by the NHRC, major massacre cases be investigated afresh by the CBI. Pending a hearing of this petition, the Apex Court has ordered a stay on the trial of all these cases. CJP is presently handling the case of the victims of the Gulberg massacre, the Naroda Patiya and Naroda Gaon carnages and the Sardarpura and Ode massacres. The Supreme Court has stayed these trials on November 21, 2003 due to the detailed facts put on affidavit by the victim eye-witnesses with the legal aid of CJP.
2. Hate speech
The use of hate speech to incite violence was used to unfortunate perfection in Gujarat. Even after the mass violence, the chief minister Narendra Modi used
objectionable language during his pre-December 2002 election campaign supported by international president of the VHP, Ashok Singhal. The CJP has petitioned the Supreme Court in both instances since not even an FIR has been filed against the offenders. The case is pending. CJP is also part of a nationwide campaign against hate speech.
3. Compensation case
An inadequate compensation scheme coupled with a non-remorseful government has made the issue of compensation particularly problematic for the victims in Gujarat. The CJP collected over 700 affidavits from victims that show non-receipt of compensation and has also conducted district wide surveys. An alternate compensation scheme is being drawn up by CJP to put up before the Gujarat government following state-wide surveys by CJP.
4. Civil suit for compensation for massacre CJP has helped family members of those who were killed in the massacre at Gulberg Society file a civil compensation suit against organisations who called a Gujarat Bandh on February 28, 2002 during which mass mob violence took place. (March 2005).
5. Systemic issues
Due to CJP's interventions the issue of time-bound trials, structural and administrative police reform, a comprehensive witness protection programme and accountability in the Public Prosecutor's Office are now receiving national attention.
Other legal initiaives
Legal action against gender violence Systemic gender violence in different parts of India will be taken up by CJP
Legal action against Dalit atrocities
Legal Action against Dalit Atrocities, especially the failure of the SC/ST Prevention of Atrocities Act, 1989 will also be taken up by CJP.
<b>CJP's Expenditure:
</b><b>In the last three years, CJP has spent about Rs. 2 lakh per month on an average. </b>This despite the fact that top lawyers from the country have appeared for the CJP in the Supreme Court and the Gujarat High Court free of charge. The major items of expenditure involved so far have been:
Legal research, documentation and preparation of cases, translation (case papers from Gujarati to English), photocopying, court fees; Relief and rehabilitation expenses;
<span style='color:#FF6600'><b>Witness Protection (Best Bakery case);</b></span> Telephone, fax, mobile phone expenses;
Travel; Field office expenses (Ahmedabad).
CJP's accounts for the financial years 2002-2003 and 2003-2004 were audited and submitted with the appropriate authorities within the stipulated time. Audit of accounts for the current financial year, too, should be completed by May 31, 2005.
<b>The Founding Members of CJP are the following:
Alyque Padamsee (Communications/Advertising)
Anil Dharkar (Columnist)
Arvind Krishnaswamy (DGM, Bharat Petroleum)
Cyrus Guzder (Chairman, Airfeight)
Gulam Mohammed (Businessman)
Nandan Maluste (Finance, Kotak Mahindra)
I.M. Kadri (Senior Architect)
Javed Akhtar (Poet, lyricist)
Javed Anand (Communalism Combat)
Teesta Setalvad (KHOJ, Communalism Combat)
Titoo Ahluwalia (ORG-Marg)
Vijay Tendulkar (Playwright)</b>
<b>CJP's Secretary is Teesta Setalvad</b>
Contributions can be sent to:
CJP, "Nirant", Juhu-Tara Road, Juhu, Mumbai - 400049
Phone: 2660-3927 and 2660-2288
Email: cjp02in@...
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Join us in our effort to build peace with justice in our country
As a concerned citizen, you must have heard of the Citizens for Justice & Peace (CJP), the legal action group that has been constantly in the news in the last three years.
CJP is today universally recognised as the legal action group responsible for the Supreme Court's historic verdict of April 2004, ordering the retrial of the Best Bakery massacre case outside Gujarat.
We invite you to join us in our effort to build peace with justice in our country by enlisting yourself as a member of `Friends of CJP'.
Genesis: Citizens for Justice and Peace, a registered society, was born on April 1, 2002 in the backdrop of the genocide in Gujarat.
Aims & Objects: "To promote values that will encourage the development of peace, justice and reconciliation, by all means, in every place, among all peoples of India and in every sphere of society".
Goal: `A hate- free, violence-free India'.
Calendar of activities (April 2002-March 2005)
CJP's activities in the last 3 years have been focussed on legal interventions to ensure justice for the victims and punishment for the perpetrators of the Gujarat genocide.
Success stories so far:
1. Relief measures
Action: Petition in Gujarat High Court (April 2002) to make the state government provide and pay for adequate relief to the 1.7 lakh people rendered homeless and destitute; petitions against government officials coercing relief camp managers into closing their camps even when the victims had nowhere to go.
Result: High Court orders ensure that many relief camps stay open until September-October 2002; a highly reluctant state government made to spend several additional crores on relief measures.
2. Citizens probe
Action: Setting up of a Concerned Citizens Tribunal headed by three retired Supreme Court and Mumbai High Court judges for a citizens' probe into the carnage (May 2002).
Result: The 3-volume Tribunal's report, `Crime Against Humanity' (November 2002) is to date the most authentic and incisive documentation of the genocidal violence in Gujarat. Its recommendations have triggered a national campaign for ensuring institutional reform to prevent mass crimes in future.
3. No votes over dead bodies
Action: CJP submits a detailed and a well-documented memorandum and leads delegation of victims to the Chief Election Commissioner, Lyngdoh, challenging the Gujarat government's claim that the situation in Gujarat was normal to ensure a free and fair trial. (August 2002).
Result: CEC rejects the Gujarat government's claim of normalcy and orders postponement of polls.
4. Transfer and retrial of Best Bakery Case Action: CJP petitions the Supreme Court of India along with Zahira Shaikh, asking for a retrial of the Best Bakery massacre case outside Gujarat (August 2003).
Result: (i) In a historic and unprecedented judgment (April 2004), the Supreme Court orders retrial of the Best Bakery case outside Gujarat (in Maharashtra).
(ii) The Supreme Court has decided to monitor the progress of all the carnage related cases in Gujarat and has appointed an amicus curae.
(iii) In course of hearing of the Best Bakery case, the then Chief Justice AN Khare enunciated the fundamental democratic principle: "A government that fails to protect the life of its citizens (Raj Dharm) has no right to rule".
(iv) In related matters, the Supreme Court directed the DGP of Gujarat to reopen and review the over 2,000 incidents of violence that had been closed by the state police.
5. Godhra victims approach CJP
Action: Inspired by CJP's commitment to justice and fair play, four families from Ahmedabad, each of whom had lost one or more family member in coach S-6 of the Sabarmati Express train tragedy at Godhra, approach CJP for legal assistance. CJP files an application in the Supreme Court (October 2003) for a retrial of the Godhra train fire case outside Gujarat as the affected families did not expect to get justice in the state.
Result: The Godhra trial was stayed by the Supreme Court on November 21, 2003. The plea for re-investigation and transfer is pending.
6. Punish, don't promote, guilty policemen
Action: CJP petitions the Supreme Court, challenging the NDA government's malafide promotion and transfer of former Ahmedabad Police Commissioner, PC Pandey, as Deputy Director, CBI. A CJP petition (May 2002) for the investigation by the CBI of major incidents of massacre in Gujarat in 2002, is pending before the Supreme Court. Pandey's own role during the carnage needs investigation.
Result: The Union government moves PC Pandey out of the CBI.
7. Compensation to victims of terrorism in J&K
Action: On the request of the families concerned, CJP pursues with the J&K government, asking for expeditious payment of compensation to the Mumbai-based Chandrakant Shah and Nirav Vakharia whose family members were killed or
seriously injured in the bomb blast in a hotel in Pahalgam, Kashmir (June 2004).
Result: The affected families receive timely compensation.
The future
While CJP is happy with what it has been able to achieve in the 3 short years of its existence, it is also conscious of the fact that the campaign for a `Riot Free' India where the Rule of Law prevails is going to be long drawn.
Pending Cases:
1. Supreme Court stays major carnage cases CJP filed a petition in the Supreme Court (May 2002) asking for direction that, as recommended by the NHRC, major massacre cases be investigated afresh by the CBI. Pending a hearing of this petition, the Apex Court has ordered a stay on the trial of all these cases. CJP is presently handling the case of the victims of the Gulberg massacre, the Naroda Patiya and Naroda Gaon carnages and the Sardarpura and Ode massacres. The Supreme Court has stayed these trials on November 21, 2003 due to the detailed facts put on affidavit by the victim eye-witnesses with the legal aid of CJP.
2. Hate speech
The use of hate speech to incite violence was used to unfortunate perfection in Gujarat. Even after the mass violence, the chief minister Narendra Modi used
objectionable language during his pre-December 2002 election campaign supported by international president of the VHP, Ashok Singhal. The CJP has petitioned the Supreme Court in both instances since not even an FIR has been filed against the offenders. The case is pending. CJP is also part of a nationwide campaign against hate speech.
3. Compensation case
An inadequate compensation scheme coupled with a non-remorseful government has made the issue of compensation particularly problematic for the victims in Gujarat. The CJP collected over 700 affidavits from victims that show non-receipt of compensation and has also conducted district wide surveys. An alternate compensation scheme is being drawn up by CJP to put up before the Gujarat government following state-wide surveys by CJP.
4. Civil suit for compensation for massacre CJP has helped family members of those who were killed in the massacre at Gulberg Society file a civil compensation suit against organisations who called a Gujarat Bandh on February 28, 2002 during which mass mob violence took place. (March 2005).
5. Systemic issues
Due to CJP's interventions the issue of time-bound trials, structural and administrative police reform, a comprehensive witness protection programme and accountability in the Public Prosecutor's Office are now receiving national attention.
Other legal initiaives
Legal action against gender violence Systemic gender violence in different parts of India will be taken up by CJP
Legal action against Dalit atrocities
Legal Action against Dalit Atrocities, especially the failure of the SC/ST Prevention of Atrocities Act, 1989 will also be taken up by CJP.
<b>CJP's Expenditure:
</b><b>In the last three years, CJP has spent about Rs. 2 lakh per month on an average. </b>This despite the fact that top lawyers from the country have appeared for the CJP in the Supreme Court and the Gujarat High Court free of charge. The major items of expenditure involved so far have been:
Legal research, documentation and preparation of cases, translation (case papers from Gujarati to English), photocopying, court fees; Relief and rehabilitation expenses;
<span style='color:#FF6600'><b>Witness Protection (Best Bakery case);</b></span> Telephone, fax, mobile phone expenses;
Travel; Field office expenses (Ahmedabad).
CJP's accounts for the financial years 2002-2003 and 2003-2004 were audited and submitted with the appropriate authorities within the stipulated time. Audit of accounts for the current financial year, too, should be completed by May 31, 2005.
<b>The Founding Members of CJP are the following:
Alyque Padamsee (Communications/Advertising)
Anil Dharkar (Columnist)
Arvind Krishnaswamy (DGM, Bharat Petroleum)
Cyrus Guzder (Chairman, Airfeight)
Gulam Mohammed (Businessman)
Nandan Maluste (Finance, Kotak Mahindra)
I.M. Kadri (Senior Architect)
Javed Akhtar (Poet, lyricist)
Javed Anand (Communalism Combat)
Teesta Setalvad (KHOJ, Communalism Combat)
Titoo Ahluwalia (ORG-Marg)
Vijay Tendulkar (Playwright)</b>
<b>CJP's Secretary is Teesta Setalvad</b>
Contributions can be sent to:
CJP, "Nirant", Juhu-Tara Road, Juhu, Mumbai - 400049
Phone: 2660-3927 and 2660-2288
Email: cjp02in@...
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