IMC-USA Weekly News Digest – May 4th, 2009

by on August 11, 2009

IN THIS ISSUE

NEWS HEADLINES

OPINIONS & EDITORIALS

NEWS HEADLINES

FIRST TIME, MODI AND HIS TOP BRASS NAMED; SC ORDERS SIT TO PROBE (APR 28, 2009, INDIAN EXPRESS)

Gujarat Chief Minister Narendra Modi, several cabinet colleagues, senior police officials and bureaucrats today came under the scanner of the Supreme Court which ordered a probe "within three months" into a complaint that they "aided and abetted" killings in the 2002 riots that followed the Godhra train carnage. Acting on a petition filed by Zakia Nasim Jafri, wife of former Congress MP Ehsan Jafri who was burnt alive by a mob that attacked the Gulbarg Society in Ahmedabad during the riots, a bench comprising Justices Arijit Pasayat and A K Ganguly directed the Special Investigation Team, headed by former CBI director R K Raghavan, to inquire into the alleged role of each of the 63 people named in the complaint.

Other than Modi, those named in Zakia’s complaint include Gujarat ministers Amit Shah, Ashok Bhatt, Indravijaysinh Jadeja, Prabhatsinh Pratapsinh Chauhan, Kaushikkumar Jamnadas Patel, C D Patel, Anil Tribhovandas Patel; former ministers Gordhan Zadaphiya, Ranjitsinh Naharsinh Chawda, Narayan Lalludas Patel, Maya Kodnani; and former Gujarat police chiefs A K Bhargava and P C Pande. In her complaint, made to Pande in 2006, Zakia had sought direction for a detailed FIR against all on the charge of murder and other penal provisions for "aiding and abetting the co-accused persons involved in the mass carnage that shook the State of Gujarat and the country between February and May 2002".

Already inquiring into ten post-Godhra riot cases, the SIT was directed by the Supreme Court bench to file a report "within three months" after inquiring into the complaint by Zakia. The bench order came after amicus curiae Prashant Bhushan hinted that the complaint could be handed over to the SIT. He urged the court not to direct the Gujarat police to investigate. "It must be done either by the CBI or by an SIT which is independent of the state police," he told the court. Mukul Rohatgi, senior counsel for Gujarat government, did not appear to have any objection to an SIT inquiry into the complaint. He said the SIT was already probing the case relating to Gulbarg Society where Jafri and 38 others were killed by a mob.

Following the submissions, the bench ordered for "an independent and impartial probe" into the role of each of those named in the complaint. Zakia moved the Supreme Court after being told by the High Court that she should approach the competent magistrate court to seek direction for registration of an FIR. In March last year, the Supreme Court had issued notices to the Centre and the state government on Zakia’s appeal. She had accused the state administration of "deliberate and intentional failure" to protect life and property through a "well executed and sinister criminal conspiracy".

http://www.indianexpress.com/story-print/452035/

SEE ALSO:

[Back to Top]

CONTEMPT PETITION FILED AGAINST MODI FOR CONSPIRACY REMARK (MAY 1, 2009, INDIAN EXPRESS)

The Supreme Court on Friday decided to hear next week a petition seeking initiation of contempt proceedings against Gujarat Chief Minister Narendra Modi for his remarks in connection with the probe ordered against him and others for post-Godhra riots. The petition was mentioned before a Bench headed by Chief Justice K G Balakrishnan which decided to hear it next week.

The petition was filed by advocate Prashant Bhushan who has been assisting the Court as amicus curiae in the matter of Jakia Nasim, wife of former Congress MP Ehsan Jafri. She had accused the Gujarat Government of not entertaining her complaint relating to Jafri, who was killed in the 2002 riots. In the contempt petition, it is alleged that Modi had remarked that the probe against him was ordered by the Supreme Court as a result of a conspiracy involving Congress.

The advocate also referred to a subsequent advertisement which had claimed that efforts were on to send Modi to jail. The same advertisement had claimed that a clean chit will be given to Bofors case accused Ottavio Quattrocchi.

http://www.indianexpress.com/story-print/453399/

SEE ALSO:

[Back to Top]

GUJARAT RIOTS: SC LIFTS STAY, ORDERS FAST TRACK TRIAL (MAY 1, 2009, INDIAN EXPRESS)

The Supreme Court on Friday lifted the stay on trial of 2002 Gujarat riots cases and directed the setting up of fast track courts for holding it on a day-to-day basis. The apex court ordered the setting up of designated courts for riot cases in Ahmedabad, Anand, Sabarkanta, Mehsana and Gulbarga districts. A bench headed by Justice Arijit Pasayat said it was necessary to hold day-to-day trial considering the fact that seven years have passed.

The court took into consideration the report filed by Special Investigation Team (SIT) headed by former CBI director R K Raghavan which probed the cases. The court said the Chief Justice of Gujarat High Court will appoint expert lawyers in criminal trial as public prosecutors for the trial of cases. The bench said it would be open for the chairman of the SIT to seek change of public prosecutors if any deficiency was found during the trial.

Further the chairman of SIT can make a request to the Advocate General of the state on the appointment of assistant public prosecutors to assist the public prosecutors, it said. The SIT and its chairman will keep track of the trial and file quarterly report to the apex court. The apex court also gave liberty to the SIT to recommend the cancellation of bail if it is considered necessary.

Expressing "happiness" over the court’s order, Raghavan said, "I think it is going to facilitate the work of the SIT in Gujarat. I look forward to further work in that direction." He said, "It is very humbling to know that the apex court has so much trust in me" and added that the court wanted him to ensure that witnesses were given due protection.

http://www.indianexpress.com/story-print/453350/

SEE ALSO:

[Back to Top]

MAYA, JAIDEEP CHARGESHEETED IN 2002 RIOTS CASE (MAY 2, 2009, TIMES OF INDIA)

The Supreme Court-appointed special investigation team (SIT) on Friday filed voluminous charge sheets against former state minister Maya Kodnani for instigating a mob to murder 109 persons in Naroda Gam and Naroda Patia incidents of post Godhra riots. This was the seventh charge sheet in Naroda Gam case, the second by SIT. Besides Kodnani, senior VHP functionary Jaideep Patel, then Naroda police inspector VS Gohil and Pankaj Parikh are named as accused in this case. The total number of accused who got charge sheets in the Naroda Gam case is 79, where Vishnu Thakor is still an absconder.

In Naroda Patia case, besides Kodnani, Janak Marathi, Vijay Chhara and Laxman Thakor got charge sheets and four accused are absconding – Vinod Marathi, Kirpal Singh, Pintu Dalpat Chhara and Ramila Jai Bhavani Rathod. Total number of arrests in this case is 67. Kodnani and Patel face almost similar charges of instigating the mob and hatching criminal conspiracy under Section 120 (B). They are accused of unlawful assembly, and hence all the charges levelled against the mob for the atrocities committed on February 28, 2002, automatically apply in her case.

The mob has been booked for murder, attempted murder, rioting, inciting communal passions, destroying evidence, conspiracy and other sections of the IPC, besides Section 135 (1) of Bombay Police Act. Moreover, Gohil has been booked for dereliction of duty and destruction of evidence. Kodnani and Patel are in jail since April 9, and their bail pleas are pending before the sessions court, while Gohil is out on bail.

http://timesofindia.indiatimes.com/articleshow/4473779.cms

SEE ALSO:

[Back to Top]

IN FIRST GUJARAT POLL SPEECH, PM SAYS RIOTS AGAINST STATE TRADITION (APR 27, 2009, INDIAN EXPRESS)

With the BJP steering clear of the Sabarmati Express burning and the post-Godhra riots in its poll campaigns, Prime Minister Manmohan Singh brought up the issue on Sunday in his first election rally in the state. "Whatever happened in 2002 in the state was the handiwork of a handful of persons and against the proud traditions of Gujarat," he said in his speech.

Without naming the BJP, Singh said though he had not much to say on it, "the politics of hatred and division can never take us far" and there was "no alternative other than secularism for the growth and development of the nation". Reminding that Mahatma Gandhi preached communal harmony throughout his life, the PM said "parties that promote communalism are doing a disservice to the Father of the Nation".

Taking a dig at Chief Minister Narendra Modi for his claims of developing the state, Singh said Gujarat was a developed state even before the BJP or Modi came to power. "But the diamond industry during Modi’s rule is facing a crisis, export units are shutting down and lakhs of workers are jobless, with the Modi Government doing nothing."

http://www.indianexpress.com/story-print/451562/

SEE ALSO:

[Back to Top]

BJP MLA IN TROUBLE FOR HATE SPEECH (APR 29, 2009, TIMES OF INDIA)

The Election Commission has issued a notice to BJP MLA from Chikmagalur, C T Ravi, for allegedly making a hate speech. The notice had been issued under sections 153 A and 153 B and 505 of the Indian Penal Code and sub clause 1 (1) and 1 (3) of clause one and clause three of Model Code of Conduct, state Chief Electoral Officer M N Vidyashankar told reporters on Wednesday.

Ravi had been issued the notice for making the alleged speech at a school in Hassan on April 6 in which he targeted anti-Hindutva forces. So far, a total of 1,921 cases of violation of the code of conduct had been registered in the state. Officials had registered 684 cases against political parties – BJP (201) by Congress (191), JDS (98), CPIM (4), NCP (3) and 161 by others.

Constituency wise, Bellary topped in cases of violation of model code with 303 cases, Shimoga 151, Belgaum 159, Gulbarga 263, Raichur 116, Mandya 159 and Chamrajanagar 140.

http://timesofindia.indiatimes.com/articleshow/4464717.cms

SEE ALSO:

[Back to Top]

KALYAN IS A CONVICT IN BABRI CASE, SAYS LALU (MAY 2, 2009, INDIAN EXPRESS)

RJD chief Lalu Prasad Yadav attacked former Uttar Pradesh Chief Minister Kalyan Singh, calling him "a convict" in the Babri Masjid demolition case.

"He (Kalyan) is a convict in the demolition of the Babri Masjid. He is not a member of the SP. Is he a member of SP?" Lalu said, when his opinion was sought on the former UP CM’s call to Muslims to defeat the BJP.

Just before the Lok Sabha polls, Kalyan had quit the BJP to join hands with his erstwhile bete noire Mulayam Singh Yadav and has been campaigning for the latter’s Samajwadi Party candidates in Uttar Pradesh.

http://www.indianexpress.com/story-print/453726/

SEE ALSO:

[Back to Top]

CBI CHIEF GAVE TYTLER A CLEAN CHIT, HIS OFFICERS HAD SAID PROSECUTE HIM (APR 26, 2009, INDIAN EXPRESS)

Perhaps, journalist Jarnail Singh’s shoe carries a lot more weight than the words of the Joint Director (JD) of the Central Bureau of Investigation or of its Deputy Inspector General (DIG). According to records obtained by The Sunday Express, the JD and DIG clearly recommended, in writing, that there was a strong case against Jagdish Tytler in the Bara Hindu Rao anti-Sikh riots case under a string of charges including murder, rioting and damage to property. Despite this, the agency’s director Ashwani Kumar signed on the clean chit to Tytler. That’s not all. After the shoe controversy sparked outrage and Tytler and fellow accused Sajjan Kumar were told to withdraw from the electoral race, both the Congress and the UPA said the Government was unaware of the clean chit to Tytler. However, records also show that the CBI clean chit came after its Director of Prosecutions S K Sharma, who reports to the Law Ministry, also opined that the evidence against Tytler was too weak. On April 2, CBI filed its final investigation report in the Bara Hindu Rao case (one of the seven the CBI registered after the Nanavati Commission report in 2005) despite this sharp division within. Also, in December 2008, even after the CBI took the unprecedented step of sending a team to the US to question two crucial witnesses Jasbir Singh and Surender Singh on directions of the court and although it had secured testimonies indicting Tytler, it chose to pick holes in their version of events.

This is evident from status reports submitted by the CBI to the Ministry of Home Affairs, which directed the agency to register cases against Tytler, Kumar and Dharam Das Shastri after the Nanavati report was tabled in Parliament. The CBI informed the Home Ministry that both witnesses had reiterated their allegations and the agency was trying to verify their statements and trying to trace one Sucha Singh, with whom Jasbir Singh claimed to have stayed during the riots. The two testimonies – and details therein which the CBI was finding it difficult to corroborate after a gap of 25 years – were hastily processed within the CBI. Eventually, the Investigating Officer (IO), Superintendent of Police (SP) and the Deputy Legal Advisor (DLA), among others, recommended closure of the case, citing contradictions in the statements of witnesses. A contrary view was taken by the DIG and the JD. In a three-page opinion, Joint Director Arun Kumar discussed the merits and demerits of the evidence against Tytler at length. Kumar acknowledged that Surinder Singh had done several flip-flops in his testimony against Tytler. For example, he told the Nanavati Commission in January 2002 that Tytler led the mob and incited it to "burn the Gurudwara and kill Sikhs," but he retracted this and filed a second affidavit in August 2002 denying the first.

He reaffirmed this affidavit in April 2006 but then in an interview in December 2007, he claimed he had seen Tytler inciting the mob, a charge he repeated when he was examined in the US. "The cases have been politically used and misused time and again. If one relies upon the statements of witnesses, their changing statements will be quoted to prove them unreliable. On the other hand, the other side will argue that accused persons are so influential that nobody can depose truthfully in India. Both important witnesses are presently in USA. If they are insisting on certain narration of facts, it will be difficult to ignore only by citing contradictions

Related posts:

  1. IMC-USA Weekly News Digest – October 5th, 2009
  2. IMC-USA Weekly News Digest – June 1st, 2009
  3. IMC-USA Weekly News Digest – June 8th, 2009
  4. IMC-USA Weekly News Digest – September 14th, 2009
  5. IMC-USA Weekly News Digest – November 30th, 2009

Leave a Comment

Previous post:

Next post: