PM’s BimaYojana Scheme Benefits the Privates

August 30, 2017

Narendra Modi’s flagship programme, Bima Yojana (PMFBY) is not simply poorly designed, it is a barely disguised effort to palm of financial benefits to the private insourance companies. In May 2017, Sabrangindia had asked Is the ‘Insurance’ Scheme under the PMFBU for Farmers Really a Scam?

Figures now our show that it is. Data accessed by The Indian Express through RTI shows that the PM’s Bima Yojana (PMFBY) collected a total of Rs 22,437 crore as premium in 2016-17. Out of this, Rs 15,100 crore has been claimed by the farmers till August 15. While the insurance companies had approved the claims for Rs 9,446 crore, only Rs 6,624 crore from that has been paid to farmers till date.

The insurance companies stand to earn huge profits from the reinsurers, even after the approved claims are paid in full. About 80-85% of the premium from these claims have been reinsured by the companies, allowing them to lose very little on the claims made by the farmers.

Sabrangindia had reported earlier on the performanceof the insurance schemes in the first season of 2016, along with the issues arising in implementation on the ground level. Down to Earth magazine recently wrote about the wrong weather predictions by Indian Meteorological Department (IMD) that caused huge crop losses. The IMD predicted early monsoon on the basis of heavy pre-monsoon showers, without properly assessing wind patterns. Accordingly, they issued an advisory to farmers for early sowing of crops. Following the advisory, farmers sowed their crops in late April and early June. However, they were soon met with a three week long dry spell, which led to the widespread devastation of the crops. Mid-June onwards, the rainfall diminished, but the IMD issued no apology for its earlier mistake of declaring an early monsoon, and cautioning farmers about sowing their crop early.

Photo Courtesy: Indian Express

Allegations were and are that Private Insurance Companies have siphoned out 97 % of the premium income amount collected which was Rs 21,500 cores; FM ArunJaitley needs to explain huge disbursals of public funds to private insurance companies when his claims on arrears are not borne out by facts disclosed in Parliament

It is in such situations that the Fasal Bima Yojana is supposed to enter the picture and save farmers from heavy losses. But no such thing happened as the banks delayed collection of premium from farmers till mid of August. Since the premium was deducted after the farmers had already suffered losses, they will not be eligible for making any insurance claims. So they end up losing their crop and additional money for the premium payment while remaining out of insurance coverage.

According to the rules of Fasal Bima, if 75% or more of the crop sowing fails for a notified crop, then the notified farmers get 25% of the total insured sum immediately. The rest of the payment is made after loss assessment. However, Down to Earth reported, that during the last Rabi season in Tamil Nadu, only two districts received the payment of the insured sum after the sowing failed.

Not only have their been gross delays in payment of claims, there has also been a complete failure on part of the insurance companies and banks in addressing the concerns of the farmers. In village of Sohna district, Haryana, no farmer has received any insurance money. They have contacted the authorities, registered formal complaints, and even sat on protests, but their claims still haven’t been paid.

No action has been taken against the insurance agencies, for this delay in payment of these claims. The CAG (Comptroller and Auditor General) audited the Yojana, and stated, “In Rajasthan, the performance of HDFC Ergo General Insurance Company was declared by the State Government to be below par for the last seven crop seasons by the end of Kharif season 2014. However, DAC & FW has not acted on the recommendation of the State Government to de-empanel the insurance company.”

A crucial part of the claims payment involves CCEs or Crop Cutting Experiments, which give the threshold yield for the crops. If a farmer has a yield which is lower than the threshold yield, he or she is eligible to make an insurance claim. As reported earlier, a massive number of CCEs are required to get the threshold yield at the level of the insurance unit, which is the village. An agriculture department official of Haryana confessed that CCEs were not conducted in all places, as the scheme has increased the department’s workload. Officials of the department, in fact, went on a strike in September last year protesting against the number of CCEs that they were expected to conduct. Farmers said, however, that when the government officials came for estimating the yield, they did not conduct any experiments, they simply asked the farmers how much the yield is and used that for deciding the threshold yield.

A report released by Centre for Science and Environment (CSE) in Delhi called “FasalBimaYojana – An Assessment” presents an in-depth analysis of the performance of the scheme across the country. According to their report, PMFBY is a classic case of a poor implementation of a good scheme.

They have mentioned in their report how insurance companies do not have any offices at the Tehsil level or any agents who will go to villages for assessment of claims. This is a requirement which is mandated in the crop insurance policy. Because of this, plenty of cases have been reported across the country where claims cannot be paid because the insurance company failed to send an agent to assess the loss for which the claim is being made.

Moreover, often farmers are declared ineligible for claiming insurance because they have grown a crop which is different from the one they had been insured for. This happens since the banks often enrol farmers without consulting them. Any farmer who has availed a loan is automatically enrolled in the scheme, and he or she is insured for the crop which is stated on the farmer’s KCC (Kisan Credit Card). The information on the card is almost always outdated.

Another way in which the farmers are being denied their insurance claims is by the states declaring threshold yields which are much lower than the actual yields. CSE presented a case study of Maharashtra where the declared threshold yield was less than half of what the actual crop yield generally is. So even if a farmer produces less than half of what he generally does, he will not be able to claim any insurance, since the threshold will still be lower.

If in a particularly bad agricultural season, the claims made exceed the premium collected by 35%, then the Centre will pay the excess. But there is nothing in the policy on what will be done with the excessive profits made by the insurance companies everywhere on these collected premiums. “Under PMFBY, profit is private, but liability is public,” stated the report.

CSE’s report also stated that the crop insurance scheme has played a significant role in the growth of non-life insurance industry in 2016-17. The gross direct premium of general insurance companies grew by 32%, from Rs 96,376 crore in 2015–16 to Rs 1.27 lakh crore in 2016–17. Nearly half of this growth came from crop insurance.

If the ground level issues are looked at carefully, it would seem that the crop insurance scheme has been designed without taking the reality into consideration. It can also be easily concluded that the ones benefitting from this scheme are definitely not the farmers. It is a poorly disguised welfare scheme which works for the benefit of the private insurance companies.

Private Lives and Public Law: How the Privacy Judgement Bats for the Individual and the Collective

August 30, 2017

Image courtesy Newsclick.in

The arguments showed just how far the Union Government was willing to go to defend its unique identification project. It was willing to attack the existence of the right to privacy itself… Essentially, the court held that there is a protected private space for an individual in which she is to be left alone… Privacy, the court concluded, was essential to a dignified life, something the fundamental rights sought to achieve… By elevating its status to a fundamental right, the court ensured that it was protected from the government of the day.

In August 2015, during the Aadhar challenge, the then Attorney General, Mukul Rohatgi, called into question over five decades of jurisprudence by submitting that there existed no fundamental right to privacy. He relied on previous decisions of the Court in M P Sharma v. Satish Chandra (1954) and Kharak Singh v. State of U.P. (1964), decided by eight and six judges respectively. The subsequent cases by which the right had come to be recognized and developed, in his submission, were wrongly decided. The arguments showed just how far the Union Government was willing to go to defend its unique identification project. It was willing to attack the existence of the right to privacy itself.

The case was eventually referred to a larger bench of five judges of the court, which in turn placed the matter before nine judges. This process took almost two years, during which time the Aadhar and its coercive enrolment processes proceeded at breakneck speed. Having constituted the bench in light of the submissions on behalf of the Central Government, during the arguments, the then Chief Justice of India, Justice J S Kehar, offered to stop the hearing if the Attorney General, K K Venugopal accepted the right to privacy as a fundamental right. Needless to state, he declined.

On 24 August, the Supreme Court unanimously affirmed the fundamental right to privacy, something that is remarkable in itself, given the fact that six different judgements were delivered. The right to privacy was held to be a constitutionally protected right; and it was held to be a right which emerged not just from the right to life and liberty, under Article 21, but from other fundamental rights. It overruled M P Sharma and Kharak Singh to that extent. The majority judgement, authored by Justice D Y Chandrachud, and signed by Justices J S Kehar, R K Agarwal and S Abdul Nazir, held that privacy emanated from a natural right, inherent to a human being, and not something bestowed by the State or the Constitution, but instead to be protected by it.

Essentially, the court held that there is a protected private space for an individual in which she is to be left alone. The Court felt that an exhaustive elaboration of what the right protected would have the effect of limiting it. Instead, it left it to develop on a case-by-case basis, something the counsel for the Petitioners also sought. Certain key elements of the right were identified. These include the respect of a person’s bodily integrity and thought processes. It also includes the respect for the person’s decisions about their personal intimacies, food and choice of clothing, among other things. It would also extend to control over one’s information in an increasingly digital world. Privacy, the court concluded, was essential to a dignified life, something the fundamental rights sought to achieve.

The importance of the right to privacy being protected as a fundamental right, and not in a law passed by Parliament, was also not lost on the Court. Justice Nariman, who authored a separate judgement, held that if left to Parliament, the right was equally amenable to being withdrawn by the government or subsequent governments. By elevating its status to a fundamental right, the court ensured that it was protected from the government of the day. It also ensured that all laws passed by Parliament would have to respect the fundamental right to privacy.

The government had also sought to argue that the concerns raised about privacy were elitist, and that the disadvantaged were more concerned about their entitlements (presumably linked to Aadhar). The Court rejected this wholesale, commenting that it could not distinguish between the rights of the rich and the poor. It further held the advancement of civil and political rights, like privacy, were in fact complementary to, and not antagonistic, to economic and social rights, like the right to food and right to education.

Another thread that emanates from the decision is the concern for minorities, the relevance of which cannot be underestimated in the current political climate. The court noted that one of the major thrusts of privacy is to allow persons to make diverse choices in life and, in essence, protect plurality in society. In fact, five judges (four in the majority and one concurring) specifically noted that the decision of the Supreme Court in the Suresh Kumar Koushal case upholding Section 377, was wrongly decided. It held that sexual orientation was protected by the right to privacy. Importantly, it held that the size of a minority was not relevant when considering a violation of fundamental rights. This will have a substantial impact on the articulation and advancement of the rights of minorities. The curative petition filed by the Naz Foundation against the decision in Koushal is pending before a five-judge bench of this Court.

While reflecting on the line of decisions in which fundamental rights have evolved, the Court also overruled its Emergency-time decision ADM Jabalpur v. Shiv Kant Shukla (1976) where the majority, with a lone dissent, held that during the Emergency, the right to personal liberty under Article 21 was suspended. While this had already been implicitly overruled, the Court has now taken the opportunity to expressly overrule it; and uphold Justice H R Khanna’s celebrated dissent — that the right cannot be suspended. The comments on Koushal and ADM Jabalpur bode well for the future of the judiciary. It is a message that the Court is not afraid to critically examine its past, correct its mistakes, and celebrate its voices of dissent.

By attacking the right to privacy, the Government tried to change, fundamentally, the relationship between the individual and the state. It would have had the effect of turning the Constitution on its head, and rendering the fundamental rights all but meaningless. The Court in its judgement has emphatically placed the individual back in the centre, making it clear that her sexual relationships, decisions on clothing, food and digital life are in a protected and private space, not available to the government for wanton trespass.

Mihir Samson is an independent lawyer practising in Delhi.

This article was first published on indianculturalforum.in.

Fomenting Communal Conflict: BJP Claims Kerala Church to be Temple

August 30, 2017

In a campaign that is resonant with majoritarianism and harks back to the Ramjanmabhoomi movement (claiming, without historical evidence that the 400-year old Babri Masjid was built on the remains of a temple), the convener of the BJP’s intellectual cell, T.G. Mohandas, has claimed that the St. Andrew’s Basilica in Arthunkal in Alappuzha district was once a Siva temple. Worse still, in a tweet on Tuesday, he has called upon Hindus to reclaim it.Mohandas tweet on August 29 on the St. Andrew’s Basilica, Arthunkal caused headache to the BJP leadership which has been trying to woo the Christian groups to its fold

Originally built by the Portuguese missionaries in the 16th century, Arthunkal church is one of the most important Catholic pilgrim centres in Kerala. Devotees from all across the state visit the church during January for a grand two-week celebration of the feast of St. Sebastian. The village, synonymous for the church, considers St. Sebastian as its guardian.

Mohandas’ claim has set alarm bells ringing not only among the Christians in Kerala, but also the BJP leadership which has been trying to woo the Christian groups to its fold, reports Deccan Chronicle. Mohandas, who is also an RSS pracharak, had tweeted on Aug 26 that if excavations were conducted at the church, the remains of the temple could be found.

“The altar of the church kept falling during construction and the clergymen approached an astrologer who advised them to build it a little away from where the original sanctum sanctorum of the temple stood. It’s the responsibility of each Hindu to reclaim this temple,” tweeted Mr Mohandas.

The BJP leaders criticised him for triggering an unwarranted controversy. “It is his personal opinion and the BJP has nothing to do with it. The issue has never been discussed in any of the party forums and he is living in a fool’s paradise,” said a former state BJP president.Another former BJP president said people like Mohandas were bringing shame to the party. “Mohandas is not an official spokesperson of the party,” he said.

The Mararikulam police, as instructed by Alappuzha police chief S. Surendran, registered a case against Mohandas for provoking communal tension.

AIYF district secretary T. T. Jismon had filed a complaint with Surendran against the tweet. Surendran also asked the Cherthala DySP to register a case under CrPC 153 (A) for creating communal hatred and ordered to give protection to Arthunkal, the third Basilica of the Roman Catholic (Latin Rite) Church in Kerala.

Mumbai Floods: Why Concretising, Indian Cities Are Struggling With Extreme Rainfall

August 30, 2017

Another Controversial Godman: Rampal

August 30, 2017

Self-styled godman Rampal has been acquitted by court in two cases but will continue to be in prison as he faces other charges including of murder conspiracy, sedition and rioting.

This was first published on Newsclick.in.

Mumbai Meri Jaan: All Faiths Unite to Provide Succour

August 30, 2017

Photo Courtesy: Indian Express

Even as early morning warnings (Tuesday, August 29) warned of a ‘typhoon like situation’, Mumbaikars trudged to work keeping the proverbial work ethic of India’s most buzzing metropolis alive. Heavy monsoon rains however brought India’s financial capital to a halt, with authorities struggling to evacuate people with the scheduled high tide adding to the chaos. The Bombay Municipal Corporation, the richest body in the country, haunted by corruption and red tape apepars to have learnt no lessons from the floods of 2005 when close to 500 persons lost their lives.
Incessant rain flooded several parts of Mumbai on Tuesday and paralysed train services used by millions of commuters daily, with many stranded at stations and hundreds of others walking home through waist-deep water on railway tracks.Poor visibility and flooding also forced airport authorities to divert some flights while most were delayed by up to an hour.

But what provided huge succour was how all faiths, temples, mosques, dargahs and gurudwaras came to people’s rescue. These notifications and warnings give just a glimpse of the compassion still alive and kicking in Mumbai.

Gurudwara Notice

Request everbody to spread this msg to all groups for people who are stranded :-
Note:- our volunteers are in that particular area
Sion hospital, near Gandhi market, 4 Road, King Circle, Dadar
1. Dadar Gurudwara for food and shelter. Opp chitra cinema
2. Anywhere in mumbai can go to any gurudwara sahib for food and shelter
For any help contact. 9323567555. MANPREET SINGH KHALSA ! 9022272252 HARNIT SINGH KHALSA
Gurdwara Dashmesh Darbar ready with hot Langar for stranded at GTB nagar Sion Koliwada.
Those stranded near Bandra , Khar , Santacruz ,Mahim , Sea link … can move towards * Trupti Bandra * at linking road near Amarsons … Food , water and tea have been made available.
Ripul 9769238333

Mahim Dargah

*Mahim Dargah* and Mahim Memon Hall has made arrangements for Shelter and Food for people stranded in and around the area of Mahim, Matunga and Bandra.

If anyone needs any help, please contact
Aslam Shaikh – 9821069376
Junaid Baugwala – 9892269786

Regrads,
Suhail Khandwani, Managing Trustee,Peer Makhdum Sahab Charitable Trust

Maximum #Masjids, #Dargah, #Madrasa in and around Railway Stations, Highways, Market, Office Areas, and Corporate Parks in #Mumbai have made arrangements for Shelter and Food for people stranded in that area.

If anyone needs any help, please feel free to reach Masjids and meet Volunteers, Imams and Trustees.
I have personally spoken to atleast 20 Masjids and all of them are open to help people from #ALL #FAITHS..
Few Names:
Chishti Hindustani Masjid, Byculla
Mahim Dargah
Mahim Memon Hall
Dawni Masjid, Nagpada
Bandra Jama Masjid
Millat School Boys, Jogesjwari
Madni Madarsa Masjid, Jogeshwari
Nazarali Imambargah, Kurla
Mehfil e Mustafa, Juhu Kapaswadi
Kesar Baug, Dongri
Shia Jama Masjid-Bada Imambada at Lotus Colony, Govandi (W)
National Market Masjid, Wadala – Kidwai Nagar

Excerpts of Women Testimonies on 376 Violations (Gender Violence) Naroda Patiya Trial

August 29, 2017

Farzanabanu Aiyubkhan Pathan, PW 106 in FarzanaAiyubShaikh, Survivor & Eyewitness of NarodaPatia Massacre, in which at least 110 persons were killed in broad daylight on 28.2.2002
Sessions case No.-235/09 with Session case no. – 236/09, 241/09, 242/09, 243/09, 245/09, 246/09, 270/09

Excerpts from the Evidence on Oath:
“…The incident happened on 28-2-2002. On that day there was a bandh call. On 27-2-2002, when I came back from work I came to know that, there is a bandh call on 28-2-2002….On 27-2-2002, my husband had gone to Siddhpur to attend a wedding. On 27-2-2002 I and my both daughters were there at the house. And on that day after having dinner, we slept being informed that the next day there is a bandh call…..On 28-2-2002, we woke up, had our breakfast, and then I went to bring the water from the tap, which is beside our chawl. There at the tap the people of our chawl told that, the mob of the Hindus had gathered near the Noorani Mosque, and they are destroying there, burning everything. We had gathered at the place where there is a Police chowky at present. From the place where we were standing we saw that, the Police was also standing along with the persons of the mob and the Police was firing at the Muslims. The Police was firing the teargas cells on the Muslims. In this firing, three persons were injured by bullets. They were Aabidali, Khalid and Peeru. The time would be around 9:00-9:30 in the morning. Aabidbhai died on the spot while Khalid and Peerubhai are alive today.

“….The persons from the mob, which I saw, were shouting ‘Maaro Kaaapo’. Some of the persons in the mob had worn white vests, khaki colored briefs and they had tied saffron colored strips on their head. The persons in the mob were Hindus and had weapons like sword, hockey sticks, pipes, etc. In front of this mob were the Police who, instead of protecting us were using lathis to chase us away… The mobs was burning and destroying everything in our chawl…. We fled into the field at Javannagar.

“…At about 2:00-3:00 in the afternoon, we went to the S.R.P. quarters from there. We were not allowed to enter there and were made to run away from there. We were told by SRP men that, “today you will have to die.” From the S.R.P. quarters we went to the Gopi Gangotri society. There also we were not allowed to sit and were shouting ‘Maaro Kaapo’ we were not given shelter there. Then the burning stones, stones were thrown on the Muslims from the S.T. workshop….This was around 6:00 in the evening….

“…Then we went and sat near the House of Jay Bhavani. There a Police man came and told that, “we will take you in the vehicles in your safety” we took this to be true and went along with the Police but there also a big mob of the Hindus was there. At that time from the other side also a big mob of the Hindus also came there and we were surrounded by them. The place where we were surrounded was the lane of the Gangotri Gopi society. At that time my both daughters, my brother and sister-in-law, my mother, my nephew Akram were there with me. Then they started shouting ‘Maaaro, Kaapo’. There we got separated and my both daughters and mother were with me. My mother’s name is Mumtaz…..At that time the mob of the Hindus pulled away my mother and killed and burnt her in front of my eyes.

“…At this time both my daughters were with me. My elder daughter Farhana was pulled away by a person from the mob. Her clothes were removed and from among the persons in the mob, 4-5 of them raped her. My younger daughter Reshma was hit on both her hands with a pipe and her hands were fractured. The persons in the mob sprinkled petrol on the backside of my body and hands and burnt me…. At around this time I started rolling on the road to put off the fire. My younger daughter was also with me at this time. Both of us rolled on the road….The persons in the mob pulled away a girl named Zarina who was present there. She was also raped and her hands were cut off…

“What was shocking was that at this time a Police jeep came there. They hurled abusive words to us and said, “if you are alive then come out, I am sending a truck”. Then the truck came and whoever were alive there were taken to the Civil Hospital in the truck. We reached the hospital at around 9:00-9:30 in the night.”

Shakilabanu Feroz Ahmed Ansari Survivor & Eyewitness of NarodaPatia Massacre, in which at least 110 persons were killed in broad daylight on 28.2.2002
Sessions case No.-235/09 with Session case no. – 236/09, 241/09, 242/09, 243/09, 245/09, 246/09, 270/09

Excerpts from the Evidence on Oath:
“The riots happened on 28-2-2002. On that day I had come to my mother for Idd. My mother’s name is Kudrabibi. On that day my mother Kudrabibi, my elder brother Mehboob, my younger brother Sabbir Ahmed, my elder sister-in-law bibibanu, my younger sister-in-law Zubeidabanu, the three children of my elder brother Shabnambanu, Safiq Ahmed and Parvin and the three children of my younger brother Shaminabanu, Mohammed Asif and Nadeem, were at home. At that time my former husband Riyazhussain was also with us….

“…My mother worked in the jute factory. She worked from 8 in the morning till 8 in the evening. On the day the riot happened, my mother had gone to Charanagar factory at 8 in the morning. At about 9 in the morning my mother came back home from the jute factory because her boss told her, “today is a bandh call, go back home.” My mother told this to us that why she came back.

“…My mother also told us that on her way back she saw on the road that the mob of the Hindus were standing with a saffron colored strip tied on their head. The person of the mob had swords, sticks, iron rod, etc in their hands. They were damaging the Noorani mosque and were forcing the shops to close down. On hearing this, my elder brother Mehboob went to the mosque to bring my nieces and nephews, who had gone to the mosque to recite Quran Sharif. My brother brought them home safely. On hearing this we also came outside. All my family members came outside. We were standing outside our lane near another lane and seeing. We saw that, the mob of the Hindus were destroying everything. They were breaking the shops and carts. They were burning the Noorani mosque. The persons in the mob had weapons like iron rod, swords, sticks in their hands. We came to know that the Maulana, Imam of mosque were beaten. After seeing and hearing all this we fled back to our houses….

“….We hid in our houses. At this time at about 12:00 in the afternoon we came to know that, the mob is coming towards the inner side of our chawl. So we left our house and went away towards Javannagar. There my sister Zarina lives and we went and sat in her house. We stayed at her house for two to two and a half hours.

“…When we heard the mob is coming towards Javannagar, we left the house of Zarina and went towards the S.R.P. godown, pleading to be let inside. Near the S.R.P. quarters a Police man with khaki uniform was standing. My mother requested him that, “let us go inside”, but the Police man said, “we won’t let you in, today you will die in any condition.” This Police man hit my mother in the leg with stick. We ran from there….

“….We went towards Gangotri society in a shop with shutter and sat there. There were other persons in that shop. We were hiding there. There Bhavani Chara, Guddu Chara, Sehzad Chara, Manu Bhangi came. We were told that, “don’t panic and come, I am making arrangement for your food.” After hearing this we went along with Bhavani. He took us towards Gopinath society and we sat on the terrace of that society. There also the sound of the mob started coming and we came to know that the mob is coming this side and so we came out from there also. We came and sat on the terrace of another house. There I and my mother came down from the terrace. My mother offered Bhavani, “Whatever cash, gold, ornaments we are having you take all that, but show us the way to go out.” Bhavani told that, “I am showing you the way towards Naroda, you go from there.”…

“…There was a big crowd there. At this time I was separated from my family. …After I got separated from my family members they went on going further and further. My mother, elder brother Mehboob, younger brother Sabbir Ahmed and their children, younger brother’s wife, etc all went forward. I saw them going forward. When my family members were going ahead, Bhavani gave an indication to the mob. The mob had many weapons, petrol, diesel, etc with them. They killed my family members. This mob who killed my family members in front of my eyes had Guddu Chara, Bhavani, Sehzad Chara, Manu Bhangi and Suresh Langda in the mob. This mob sprinkled petrol on my family members and burnt them alive. My three months old niece was thrown in the fire by this mob. After seeing all this I went and hid on one of the terrace….

“…There were other Muslim persons with my family members and they were also burnt alive by the mob. These burning people were shouting for help. I was not in a position to go and save these people because if I went then these people in the mob would kill me also. So I remained hidden on the terrace. I was watching everything from the terrace.

“…The terrace on which I was hidden there were other Muslim persons there and they were talking that Jaadi khala and Hasanbhai Golawala of our chawl were burnt alive in which Hasan Golawala was tied to a cot and burnt. On the terrace I also came to know that, there was a handicapped boy in our mohalla who was told by the mob that ‘you speak Hey Ram and we will spare you’. This handicapped boy told that, ‘I will die but will not speak Hey Ram’. So the mob sprinkled petrol over him and burnt him. Like this I hid on the terrace….

“Late night the Police vehicles came and took us to the Shah Alam Relief Camp.”

This Day Five Years Ago, Justice was Done & a Former Minister Convicted of Murder and Rioting: Naroda Patiya Case

August 29, 2017

Five years ago around 11.30 a.m. and the Special Sessions Court of Judge Jyotsana Yagnik resembled a tight security jail. It was August 29, 2012. The judgement was due in the infamous massacre of 96 persons in borad daylight, the worst case of the genocidal carnage in Gujarat in 2002. Naroda Patiya lies on the outskirts of Ahmedabad, administratively falling under Zone IV, the same as the Gulberg society at Meghaninagar. Today, August 29, 2017, the concluding arguments in the appeal against Kodnani and other convictions are being made before a division bench of the Gujarat High Court.

Naroda Patiya and Gulberg, are, arguably, two of the two worst incidents of the reprisal killings that rocked the state as bodies of the Godhra mass arson victims were given to VHP strongman Jaideep Patel and thereafter paraded in angry processions in Ahmedabad and elsewhere. Three hundred such incidents were clocked in 19 of the state’s 25 districts.

On that day, August 29, 2012, women survivors and witnesses, who had testified bravely in the face of stiff threats, intimidation and opposition, haield the verdict. Will justice prevail yet again? Citizens for Justice and Peace (CJP) has represented the survivors. Counsel for the SIT has been Prashant Desai before the court. In all 32 persons had been convicted including former BJP MLA and minister in the Narendra Modi cabinet, Smt Maya Kodnani, Babu Bajrangi, Bipin Panchal, Ashok Sindhi and Kishan Korani (sitting corporator, accused No 20) have been convicted. Twenty-nine of the accused were acquitted.CJP has argued against the acquittals too before the Gujarat High Court.

In the interim five years, through controversial decisions, former BJP MLA and former minister (she was elevated after the carnage by then chief minister Narendra Modi to the berth) was granted bail, first by the High Court and then this was confirmed by the Supreme Court. It was only CJP for the survivors that had contested the grant of bail to this powerful accused.

The over 1,900 page judgement of Judge Jyotsnana Yagnik (that may be read here) has been hailed for its thorough expolaration of the contours of criminal law jurisprudence, especially related to criminal conspiracy, fair investigation, Sting Operation as Corrobrative evidence. The SIT invesigation came up for sharp reprimand especially in the matter of not investigating the phone call records of powerful accused and policemen.

Most of the accused have been charged with Sections 143, 144, 147, 148 with 149, 295, 427, 435, 436, 440, 153, 153a, 153a(ii), 323-326,302, 307 (attempt to murder) read with 149 read with 120(b) and BP Act 135(1). Accused No 22 Suresh Langda Chara has also been convicted under Sections 354 and 376 (sections that deal with rape and gender violence). Maya Kodnani was convicted under Sections 295, 427, 435, 436, 440, 153, 153a, 153a(ii), 323, 324, 325, 326, 302, 307, 120-B of the IPC. Babu Bajrangi has been convicted under sections 143, 144, 147, 148 with 149, 295, 427, 435, 436, 440, 153, 153a, 153a(ii), 323,324,325,326, 302, 307 read with 149 read with 120-B.

The raw courage of the victim witnesses, especially women witnesses who deposed fearlessly while still residing in Naroda Patiya is a reflection of the confidence generated after the Supreme Court monitoring and the protection from Central Paramilitary forces provided by the Supreme Court. CJP had applied to the apex court for protection of eye witnesses. CJP through its legal team advocates provided legal aid to about 70 eyewitnesses since 2009.

Eleven eyewitnesses had deposed in eye witnesses testimonies assigning in detail the role played by Smt Maya Kodnani, in inciting the mob to murder, fifteen witnesses deposed through eye witness testimonies against Babu Bajrangi, 48 witnesses testified to the crimes committed by Suresh @ Langda Chara including the offences of gender violence and rape. It was the genuine evidence, given under much therat and intimidation, given by eye witness testimonies that enabled convictions. Corroborative evidence was provided through the phone call records provided by police officer Rahul Sharma and Tehelka’s Operation Kalank. Without eye witness testimonies whoever convictions could not have taken place.

Victim witnesses supported by CJP had also filed separate applications under Section 319 praying for police officer and then first PI KK Mysorewala to be arraigned as accused along with former Commissioner of Police PC Pandey and SRP official Dhantaniya. While the Judge rejected these applications, she has observed in the victim application for compensation for rape and gender violence that the application would be considered in the final judgement.

Also Read
Excerpts of Women Testimonies on 376 Violations (Gender Violence) Naroda Patiya Trial

Names of accused who have been convicted. Naresh Agarsinh Chara (accused 1); Murlibhai Naranbhai Sindhi (accused 2); Ganpat Chanaji Deedawala (accused 4); Vikrambhai Maneklal Rathod (accused 5); Haresh @ Hariyo S/o Jivanlal @ Agarsinh Rathod (accused 10); Babubhai @ Babu Bajrangi Rajabhai Patel (accused 18), Kishan Khubchand Korani (accused 20); Prakashbhai Sureshbhai Rathod (Chara) (accused 21); Suresh @ Richard @ Langdi Kantibhai Dedawala (Chara) (accused 22); Premchand @ Tiwari Conductor (accused 25); Suresh @ Sehjad Dalubhai (Marathi, Charo) (absconding) (accused 26); Nawab @ Kalu Bhaiyo Harisinh Rathod (accused 27); Manubhai Keshavbhai Maruda (Bhangi) (accused 28); Shashikant @ Tiniyo Marathi Yuvraj Patil (accused 30); Babubhai Jethabhai Salat (accused 33); Lakshmanbhai @ Lakho Budhaji Thakor (accused 34); Dr. Mayaben Surendrabhai Kodnani (accused 37); Ashok Hundaldas Sindhi (accused 38); Harshad @ Mungda Govind Chara (Parmar) (accused 39); Mukesh @ Vakil Ratilal Rathod (accused 40); Manojbhai @ Manoj Sinhi Renumal Kukrani (accused 41); Hiraji @ Hero Marwadi @ Sonaji Danaji Medhwan (Marwadi) (accused 42); Bipinbhai @ Bipin autowala Umedray Panchal (accused 44); Ashokbhai Uttamchand Korani (Sindhi) (accused 45); Vijaykumar Takhubhai Parmar (accused 46); Ramesh Keshavlal Dedawala (Chara) (accused 47); Sachin Nagindas Modi (accused 52); Vilas @ Viliyo Prakashbhai Sonar (accused 53); Dinesh @ Tiniyo Govindbhai Barange (Marathi) (accused 55); Santoshkumar Kodumal Mulchandani (accused 58); Pintu Dalpatbhai Jadeja (Chara) (accused 60); Kirpalsinh Jagbahadursinh Chabda (accused 62).

Eight charge sheets were filed in this historic case that lasted several months. It was one of the nine cases being supervised by the Supreme Court and was investigated by the SIT.

What did some key witnesses say?
Aminaben Abbasbhai Belim, prosecution witness number 52, testified with clarity about the incident occurred on 28.2.2002 and more particularly the huge mob gathered in front of Noorani Masjid. She had spotted accused No.37 – Maya Kodnani and accused No.62 (Kishan Korani)– her assistant getting down from the white Maruti Car, instigating the members of the mob by telling the mob to finish the Muslim area and she was present in the Khakhi Uniform, and she heard whatever stated by accused No.37 Mayaben and thereafter the members of the mob started pelting the stones, damaging the houses, etc. This witness also witnessed the accused No.37 firing from the pistol like weapon and thereafter left in the car. This witness also spotted a truck containing gas cylinders and kerosene carboys that were used by the mob to attack. Members of the mob consumed alcohol and snacks on the road in the presence of the police before proceeding to attack innocents.

In her examination in chief, Aminaben had stated so that the truck containing the gas cylinders had arrived and members of the mob had access to the kerosene carboy, petrol carboys, had been drunk on alcohol and eating snacks, before they attacked innocents. This eye witness was herself hiding as she watched these horrific developments. She has also witnessed firing by leaders of the mob using a gun. She tried in vain to get help from the polive (PI KK Mysorewala refused to help though approached by this witness) control room from a local phone booth and this fact has been established by investigation. She was dressed in a khakhi uniform and this fact too was coorborated by other witnessed.

This witness also witnessed the incident of the killing of the family members of a Muslim Watchman near Mahavir Hall as well as the killing of Vermaji, wrongly believed to be the Muslim person and thereafter she went to hide herself at under construction building of Yasinbhai and thereafter took shelter in the house of daughter of Mohmedhusein where she stayed there for 2 hours wherein she witnessed the incident of ransacking of her house as well as from the Masjid Chali she witnessed the incident of accused No.44 – Bipinbhai resorting to the firing from the terrace of his garage.

This witness also stated to have witnessed the S.R.P. personnel ransacking and looting cash and other valuables from the households of Muslims. Since she could not trace her son Naeem she remained in the Masjid Ni Chali for the whole night and reached the Shah Alam camp the next day around 5 p.m. in a police vehicle.

In the appeal filed in the Gujarat high court, the high profile defence counsel attempted to bring the omissions and contradictions in the evidence of this witness.

Another prosecution witness (no 104) Mohammad Salim Mohammad Hussain Shaikh, a resident of Husseinnagar in Naroda Patiya has also beene explicit in his tetsimony. He has specifically narrated how the mob was allowed to gather at about 9 to 9.30 AM while he was drinking tea at Milan Hotel. He has spotted and identified many of the accused being armed with lethal weapons in the mob of 1500 persons. In panic, he informed his brother, ran to his home in the chawl and then went out on the road: there he again spotted the mob led by many accused persons wherein A/37 Maya Kodnani came in a Maruti fronti car, interacted with A/20, A/2 and A/41 from among the mob, thereafter called upon the mob to come near to her, said something to the mob and thereafter left in her car. According to this witnessed testimony, it was after this instruction and visit by Kodnani that the mob launched an assaulted on the Muslim area and two persons have lost their lives in the private firing. This witness then took shelter in the SRP Headquarters by about t 10.30 to 11.00 AM. Hispresence at the spot in the morning where he identifies four accused from the mob was established. The defence tried to discredit the witness by accusing him of exaggerating numbers in the mob (20-25,000) as appears in his statement before the Ahmedabad Crime Branch. He clearly stated that this was not a figure given to the Crime Branch by him at all. The investigation by the Crime Branch has been criticised for its unprofessionalism. In April 2002, in a controversial decision the Ahmedabad police had transferrd the investigation to the Crime Branch (officers Tarun Barot and NK Amin). During the cross examination, the defence has admitted to the presence of Maya Kodnani at the spot but construed it as ‘concern for her voters’ that had brought her there and tried to give a further twist to say that she was in fact instructing the police to come to the aid of the Muslims being targeted!

A third witness (PW 156)Abdul Majid lost his wife and eight children in the ghatsly Naroday Patiya massacre. He too has testified with clarity on then BJP MLA, Maya Kodnani coming to the spot after the mob had gathered at Kubernagar and Krishnanagar armed with lethal weapons. Kodnani, according to this eye witness account, comes with police cars from which three large black boxes were taken out. Kodnani is then supposed to have instigated the mob because arson attacks started. Two persons, both Muslims, Abid and Hasan Qureshi got injured in the firing by Muslims. One Khadir, autorickshaw driver was killed near public toilets of jawannagar chawl.

Another witness, prosecution witness number 192, RashidaBanuImtiyaz HusseinMomin was also key to the prosecution. Her family runs a small grocery shop at Husseinnagar. She testified on what what she saw when she went to the tea stall around 7.30- 8 a.m. so that her son Imran could go for breakfast. Police insisted that they shut the shop due to the VHP’s call for a Gujarat bandh. Just at the time they were proceeding to close the establishment and bring their possessions to their home, at Gali No.1, around this time this witness had gone to the corner of S.T. workshop and spotted two sets of mobs coming from Nataraj hotel side and Krishnanagar side. The members of both the mobs were pelting the stones towards them as well as Noorani Masjid and in that scuffle this witness identified accused No.37,MayabenKodnani, accused No.41,ManojVideowala, accused No.44,BipinAutowala, accused No.58, SantoshDudhwala, accused No.1, NareshChhara, accused No.22, Suresh Langada and his brother and accused Gudduchhara (since deceased), while accused No.37 was reportedly heard by the witness saying that ‘march ahead and kill them’. In this way, this witness testified to the former MLA instigating the members of the mob. She was also witness to criminal activities of the mob, how members of the mob slowly progressed towards them and first of all the witness went on the terrace of her own house wherein she spotted the members of the mob assaulting upon victims and hence she came down from her house and she took her children and reached a safer place at Pinjara’s terrace. She sustained injuries from a hockey stick as she fled to escape and her daughter Shamimbanu also received injuries from burns. Thereafter she also witnessed, from the terrace of Ramzanibhai that the members of the mob were engaged in arson, assaulting and killing and hacking the Muslims and thus she along with others stayed there till 12.00 to 12.30 O’clock in the late night of Feebruary 28, until the police took them to the relief camp. Essentially, the defence tried to discredit her testimony through ommissions and contraductions but she stood her ground in cross examination.

SiddikbhaiAlabuxMansuri is PW 236 and this witness has, in his testimony, categorically stated about the presence of accused No.37, Mayaben in front of Nataraj Hotel at about 8.00 to 9.00 O’clock in the morning with his P.A. accsed No.62 – Kirpalsing and delivered provocative speech and excited the mob and soon after the leaving the place by accused No.37, the mob started pelting the stones, towards Noorani Masjid. Further this witness has also stated that, in a second incident, MayabenKodnani in white Marutifronty car with Trax Jeep and met the other co-accused persons and distributed the weapons to them and immediately thereafter the frenzied attack re-doubled in its intensity.Though confronted in cross examination, this witness specifically sticks to his earlier version as stated in the chief in examination. The defence only brought out the contradiction with respect to the helmet worn by Accused-37 Mayaben which does not, in any way, so significant to discredit the version the witness.

Related Articles:
1.Witness File Application for Free Access to Papers in NarodaPatiya Appeal :Gujarat HC, December 2016
2.Maya Kodnani Appeal: 7th Judge Recuses, Why was Advocate Engaged at the Last Minute asks HC
3.Justice Delivered, The NarodaPatiya Verdict

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