Narendra Modi (then CM/Home Minister, Guajrat) and Zakia Jafri, survivor of the massacre at Gulberg Society
Arguments in the Zakia Jafri Protest Petition (2013) now to be pressed during the hearing of the appeal in the High Court in July 2016
Former Home Secretary, Gujarat, Ashok Narayan had in his statement before the SIT dated 13.12.2009 (attached) clearly stated that chief minister and accused 1 was non committal about any action on the perpetrators of hate speech during the pogrom of 2002 or again action against Ministers of his government indulging in extortion from the minorities. The statement can be read here.
This was argued by counsel for Zakia Ahsan Jafri in her protest petition before the local Magistrate in July 2013. The matter is now pending in appeal before the Gujarat High Court.
The statement was given by Ashok Narayan to the Special Investigation Team (SIT) headed by former CBI director RK Raghavan. The statement had been recorded by AK Malhotra on December 13, 2009. The SIT appointed by the Supreme Court in 2008 to investigate 10 Major Trials relate to the Gujarat Carnage was also asked to investigate Zakia Ahsan Jaffri's Complaint that sought to build a Chain of Command Responsibility to the statewide violence.
Excerpts Ashok Narayan’s statement to SIT dated 13.12.2009
Que. Please see a copy of the D.O. letter dated 22-4-2002 addressed to you by Shri P.C. Pande, the then CP, Ahmedabad to you with a copy of DGP and ADG (Int.). What action was taken by you on the said letter?
Ans.(Ashok Narayan) I have gone through the D.O. letter and I recollect having discussed the issues raised by Shri. P.C. Pande, the then CP in his letter with the DGP as well as the CM. I emphasized upon the CM to prevail upon or use his good offices on the Sangh Parivar activists including VHP and Bajrang Dal to restrain them from indulging in such activities. However, the CM was non-committal and used to make public statements in a general manner that the State Govt. was committed to the safety and security of all the citizens living in Gujarat. I don’t recollect having put up these references in file
Que. Please see a letter dated 16-4-2002 addressed to the DGP with a copy to you regarding the two pamphlets in circulations in large number in Gujarat for which action was proposed u/s 153-A & 153-B IPC after taking legal opinion from the Law Department. What action was taken on this communication?
Ans.(Ashok Narayan) The issues raised by ADG (Int.) in this letter were discussed with the DGP. However, I don’t recollect any action taken, thereon. However, it may be added here that several such pamphlets were brought to the notice of DGP, myself and Chief Secretary but in such cases the name of the printer/publisher had not been mentioned. Accordingly, we had impressed upon the police to trace out the culprits responsible for these pamphlets but unfortunately no material could be collected in this regard, with the result no action would be taken in this regard.
Que. Please see a copy of the D.O. letter dated 24-4-2002 sent by Shri R.B. Sreekumar, the then Addl. DG (Int.) to you with a copy to DGP regarding the current communal scenario in Ahmedabad city. What action was taken by you on the said letter?
Ans. (Ashok Narayan) This letter contained general observations and concrete details were missing. However, the matter was discussed with the DGP in the light of the intelligence inputs received from ADG (Int.) DGP was requested by me to take action at his level as far as possible. I don’t recollect having shown or put this letter to the CM. however, the subject matter in general was discussed with the CM a number of times and he agreed to do whatever was possible at his level.
Narendra Modi’s statement before the SIT Narendra Modi’s statement to SIT dated March 27-28, 2010 can be read here.
Excerpts:
Q.41 (Malhotra for SIT). Please see a copy of the DO letter dated 22.04.2002 addressed by Shri P. C. Pande, the then CP Ahmedabad City with a copy to DGP and Addl. DG (Intelligence) about the undesirable activities of Sang Parivar activists. Was this letter brought to your notice? If so, what was the action taken by you in the matter?
Ans (Narendra Modi). In this connection, it is stated that I do not remember now, whether this issue was brought to my notice or not. But, it has been my and my Government's approach right from the first day, that a culprit is a culprit irrespective of his caste, creed, religion or socio political background, as nobody is above law.
The Director General of Police (DGP) Chakravarti who was the senior most police official at the time of the pogrom was examined six times by SIT, on March 24, 2010, May 7, 2010, October 5, 2010, November 23, 2010, March 23, 2011, and finally on January 14, 2012. Not once did the SIT feel it important to quiz him on the actions taken by the executive (home minister) on the vicious hate speech and bartering of hatred indulged in by the VHP and allowed by the state police and administration, despite consistent recommendations to the contrary from its own Head of Intelligence, ADGP Intelligence (April 2002-September 2002) RB Sreekumar. Even Home Secretary Ashok Narayan said that he had reminded the state’s home minister Modi on this issue but the latter had simply ignored him.
These points were made by Zakia Jafri’s legal team, before the Magistrate on July 26, 2013. http://www.indianexpress.com/news/sit-a-conspirator-didn-t-probe-seriously-zakia/1147457/
On December 26, 2013 the magistrate Ganatara dismissed Zakia Jafri’s Protest Petition. The Criminal Revision Appeal is pending hearing before the Gujarat High Court and the next date of hearing is on July 6, 2016.