*Myth of Clean Chit: Gujarat Carnage and Narendra Modi*




*Ram Puniyani*







In a recently televised interview the Vice-President of Indian National
Congress, Rahul Gandhi (Jan 2014) raised the storm when he said that some
Congressmen might have been involved in 1984 Sikh Massacre and that
Narendra Modi has a blame to take for the Gujarat carnage of 2002.

There were multiple responses to this interview. Already Arvind Kejriwal
had promised to set up SIT into Anti Sikh violence of 1984 even before
elections. Now his Government seems to be taking it up more seriously and
it is likely that a SIT will be formed to investigate the Delhi tragedy.
One can say that it may be too late by now as lot of valuable evidence
might have been lost or destroyed. Still whatever of process of law can be
retrieved, should be saved and justice should be done to victims of Delhi.
It goes without saying that the justice should be done to the victims of
communal violence irrespective of the fact as to which religious community
they belong to. The Kashmiri Pundits also need to be given required justice
and rehabilitation even today. The tendency to flaunt Kashmiri pundits or
anti Sikh massacre, after every talk of justice to violence victims of
Gujarat or any other place is an attempt to deflect the attention from
issue on hand.





Two wrongs don't make a right. Violence against one religious community
can't give justice to another religious community which has been wronged.
On the same level to turn a blind eye to the atrocities on Muslim
minorities in India because Hindus are being persecuted in Pakistan or
Bangla Desh is totally inhuman and vice versa. Justice should be demanded
for all religious minorities, in all the countries, all the time.
Tolerating injustice at one place is like tolerating injustice everywhere.





In response to Rahul Gandhi's comments on Gujarat, the BJP spokespersons
lashed out that Modi has been given clean chit by SIT in Gujarat and also
by the court of law, by legal process. This is a false propaganda. Right
from the beginning of Gujarat violence, the comments of National Human
rights commission indict Modi for his role in orchestrating Gujarat
Violence. Though Special Investigation team (SIT) commented that there is
no case against Modi, in the findings of SIT, there has been a strong
element which indicts Modi for his acts of commission and omission. The
apologists of Modi will point that in Delhi the military was not called for
three days, while forgetting that in Delhi violence was contained in three
days and in Gujarat process of violence went on unabated till May 2002,
starting from 27th February. This stoppage of violence in Gujarat could
happen only when the then Prime Minister Atal Bihari Vajpayee sent K.P.S.
Gill as the special officer to overlook the control of violence in Gujarat.
Modi personally got adverse comments all through, right from the beginning
as his role was too glaring to be undermined at any stage of time.





In the initial period the Hon'ble Supreme Court first pulled up the State
government and observed "The Nero's in Gujarat fiddled as Gujarat burned" (
http://teestasetalvad.blogspot.in/2013/12/we-will-soldier-on-zakia-jafri-case.html).
Even Atal Bihari Vajpayee had to reprimand Modi that Raj Dharma should be
followed. The type of atmosphere created in Gujarat resulted in Supreme
Court asking for shifting of the two major cases away from Gujarat, as an
intimidating atmosphere was created in Gujarat due to Modi's high
handedness. Even after the latest judgment of the Magistrate's Court, the
human rights' activists Mallika Sarabhai was forthright to comment, "Silly
to have expected anything else but clean chit for Narendra Modi from a
Gujarat court."





Even the interpretation of the report of SIT is fallacious. Supreme Court
had appointed the SIT and also Amicus curiae, Raju Ramchandran. To say that
SIT gave a clean chit to Modi is not true. The fact is that the SIT in its
2010 report clearly said: In spite of the fact that ghastly and violent
attacks had taken place on Muslims at Gulberg Society and elsewhere, the
reaction of the government was not the type that would have been expected
by anyone. The chief minister had tried to water down the seriousness of
the situation at Gulberg Society, Naroda Patiya and other places by saying
that every action has an equal and opposite reaction. Ramu Ramchandran
based on same report pointed out that there is enough evidence in the SIT
report to prosecute Modi.





One recalls that NHRC much before all this had concluded its report 31.5.
2002 and said that "there was a comprehensive failure of the State to
protect the Constitutional rights of the people of Gujarat" Amicus Curiae
in his final report, recommended the prosecution of Narendra Modi under
Sections 166 and 153a and 153b of the Indian Penal Code. So where is the
clean chit? If we see three major factors, The National Human Rights
commission has indicted Modi. Second, based on SIT observations Supreme
Court appointed Amicus Curiae holds that Modi can be prosecuted. Third, the
process of justice through Courts in Zakia Jafri has begun. After the Court
verdict Ms Jafri said that she will appeal to the higher courts. Our
process of justice begins with Magistrates Court, does not end with that.
Proclaiming that Modi has been given a 'clean chit' for his role in Gujarat
carnage is far from truth. It's a clever propaganda, which has been dished
out with a deliberate purpose.





At another level, Modi acolytes, Babu Bajrangi and Maya Kodnani are in
jails for their role in the carnage. The Tehelka sting shows the collusion
between the Babu Bajrangi clan and the state led by Modi. The tribunal set
up by Citizens for Justice and Peace with eminent jurists like P.B.Sawant
also outlined Modi's role in a very clear manner. There has been some
justice in few cases of Gujarat. And that is due to yeomen struggle for
justice launched by the victims and human rights defenders. The process of
justice needs to be pursued. The state of Gujarat has created all possible
obstacles in the justice being given to the victims. The claims of clean
chit hold no water, we need to look beyond the propaganda and the truth
will show the blood tainted hands of Modi.

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