PC Pande | SabrangIndia News Related to Human Rights Sat, 18 Jun 2016 05:02:44 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png PC Pande | SabrangIndia 32 32 How Gujarat’s Top Cops Deserted Residents of Gulberg Society https://sabrangindia.in/how-gujarats-top-cops-deserted-residents-gulberg-society/ Sat, 18 Jun 2016 05:02:44 +0000 http://localhost/sabrangv4/2016/06/18/how-gujarats-top-cops-deserted-residents-gulberg-society/ Where were the Top Cops when Armed Mobs Surrounded and Attacked Gulberg Society? Analysis with Chart   Commissioner of Police PC Pande ​ Curfew was declared in the Meghaninagar area where the Gulberg Society is located at 12.54 pm (according to the Police Control Room Records—PCR). By then, according to data of the PCR itself, the Gulberg […]

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Where were the Top Cops when Armed Mobs Surrounded and Attacked Gulberg Society?

Analysis with Chart
 
Commissioner of Police PC Pande

Curfew was declared in the Meghaninagar area where the Gulberg Society is located at 12.54 pm (according to the Police Control Room Records—PCR). By then, according to data of the PCR itself, the Gulberg Society had already been surrounded by a mob of 4-5,000 armed with weapons.
(12.38 p.m., PCR Records). In law, the Commissioner of Police, PC Pande has the responsibility of declaring curfew on time.
 
At 2.09 p.m. PI Meghaninagar KG Erda even asked for Central Forces but the PCR records show no deployment of paramilitary forces in the area till late in the evening, a decision that should have been taken by the Commissioner of Police, PC Pande.

 
Joint Commissioner of Police, Sector II, MK Tandon
 
He finds himself more comfortable in the Revdi Bazar area between 2 and 3 p.m. immediately after he received a call from his boss, Commissioner of Police PC Pande informing him of the attack on the residents of the Gulberg Society in the Meghaninagar area. (Revdi Bazar is five kilometres away from the Gulberg Society)
 
When the PCR sent a message to Tandon mentioning that Shri Ahsan Jafri and other residents of the Gulberg society were in danger, Tandon was still seen in Revdi Bazar area which was apparently calm, with no incidents of violence.
 
In spite of Meghaninagar PI KG Erda desperately seeking additional deployment at Gulberg around 2.30 p.m. MK Tandon leaves the Revdi Bazar area only after he was ordered to do so by City Police Commissioner, PC Pande around 3 p.m. Ironically, Revdi Bazar where Tandon appears to have sought asylum falls under the jurisdiction of his counterpart Shivanand Jha who during those crucial minutes was in the comfort of his own office at Shahibaug.


Click on the Chart for Zoom
 

DCP Zone IV, P.B. Gondia
 
Not only did Tandon shy away from the engulfed and burning Gulberg society, even his deputy,
DCP Zone IV, PB Gondia inspite of being repeatedly informed by PCR (Police Control Room) about the attack on Gulberg Society stayed away from the worst affected areas and from attending
to the helpless cries of residents. He preferred to stay at the Kuber Nagar area, 6 kilometres away.
 
Gondia arrives at the Gulberg Society a few minutes before 2 p.m. on that fateful day only to leave the place in less than one hour, leaving a free way of passage to the armed mob. Later that afternoon Gondia moves to the Kalupur area which does not come under his jurisdiction.
 
The safety of the entire Meganinagar area during the most crucial periods of the day, from 11.30 a.m.-3.30 p.m. was left on PI KG Erda’s shoulders despite the fact that Erda had himself asked the PCR to inform his bosses about the gravity of the situation and also to ensure that senior officers remain physically present as things were beyond his control. Today, KG Erda is an accused in the trial but P.B.Gondia, M.K. Tandon and P.C. Pande have escaped the investigator’s net.
 
Clearly evident is the fact that the top Gujarat officers turned a deaf ear and a blind eye to the pleas of victims under attack for reasonsbest known to them. The entire Meghaninagar area was left unmanned by senior police personnel even when a residential society along with a neighbouring police chowkey were set afire leading to huge casualties. Among the 70 persons maimed, massacred and burnt to ashes, were former parliamentarian Shri Ahsan Jafri.



KG Erda

 
(Source: Phone Call Records Analysis Co-Related with PCR Records,Citizens for Justice and Peace)

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Days of Agony and Despair: former DGP, Gujarat, RB Sreekumar on How the Mob Ruled during the Gujarat Carnage of 2002 https://sabrangindia.in/days-agony-and-despair-former-dgp-gujarat-rb-sreekumar-how-mob-ruled-during-gujarat-carnage/ Tue, 29 Dec 2015 07:07:48 +0000 http://localhost/sabrangv4/2015/12/29/days-agony-and-despair-former-dgp-gujarat-rb-sreekumar-how-mob-ruled-during-gujarat-carnage/   “While it is necessary to keep alive good deeds, it is also essential to destroy wicked people.”                                      Yajurveda, 20/25[1]   The poisoner, the incendiary, The robber, and who so ever commits assault With lethal weapon, and the ravisher, And one who tries by force to oust from land These should be slain […]

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“While it is necessary to keep alive good deeds, it is also essential

to destroy wicked people.”  
                                   Yajurveda, 20/25[1]

 
The poisoner, the incendiary,
The robber, and who so ever commits assault
With lethal weapon, and the ravisher,
And one who tries by force to oust from land
These should be slain unhesitatingly
(Mahabharata) – quoted in Essential Unity of
All Religions by Bharat Ratna Bhagwan Das[2]
 
On the fateful day of February 27, 2002, I was serving as Additional Director General of Police, Armed Units (ADGP-AU), operating from Police Bhavan, Gandhinagar, Gujarat Police Headquarters, supervising the administration of 11 State Reserve Police Force (SRPF) Battalions. Knowing about the death of 58 Kar Sevaks (one injured died later), returning from Ayodhya after attending the VHP-sponsored Kar Seva, at Godhra Railway Station by local Muslims, on DGP K Chakravarthy’s order, total mobilization of SRPF personnel was carried out.
 
Later in the day, when I met DGP in his chamber he told me that Rajendra Kumar, Joint Director, Subsidiary Intelligence Bureau (SIB), Ahmedabad (in charge of Central IB Unit of Gujarat State, Daman, Diu and Nagar Haveli), informed him directly, that he had come up with a theory of Inter-Service Intelligence (ISI), Pakistan’s major Intelligence Agency, being responsible for the Godhra train fire incident. Rajendra Kumar wanted the Gujarat Police to investigate further to uncover this conspiracy angle. (Rajendra Kumar, now a retired Special Director of IB has figured in the charge sheet filed by CBI as accused for fake encounter killing of Ishrat Jahan and others). I told the DGP that police should investigate with an open mind and without concrete evidence, conspiracy theory should not be accepted. (Note: The Chief Minister Narendra Modi and Union Home Minister LK Advani, had hinted about conspiracy behind the Godhra train fire incident days before this information was reflected in the case papers of Gujarat Police Investigators.)
 
On my suggestion that the DGP should (first) get more convincing data from Rajendra Kumar regarding the ISI conspiracy, K DGP K Chakravarthy contacted and questioned Rajendra Kumar in this matter. In response, Rajendra Kumar informed (him) that the IB had a tape of telephonic conversation by a Godhra resident after the train burning incident, to his friend in Pakistan, expressing joy and happiness over the killing of Ram Bhaktas returning from Ayodhya by Muslims in Godhra. DGP observed that this conversation itself was not sufficient to infer that attack on Kar Sevaks was an ISI conspiracy and that he would not mislead the course of investigation by Gujarat Police. He confirmed that the police, so far, had not come up with any input about conspiracy.[3]
 
On the evening of February 27, 2002, the Gujarat State Vishwa Hindu Parishad (VHP) had given a call for State-wide bandh as a mark of protest against Godhra killing of Hindus. Though, the call and observance of bandh had been banned by (a judgement of the) Kerala High Court, the State Government did not initiate action against the organisers and enforcers of this bandh. Though messages and instructions were sent to field officers to maintain law and order, Compulsory Standard Operating Procedure (SOP) to be adopted by jurisdictional officers of police and executive magistracy (Collectors and Sub-Divisional Magistrates) to create an ambience of peace and order were not implemented, particularly in 11 police administrative units (districts), where spine-chilling anti-minority massacre(s) were enacted.
 
Sequential precautionary and preventive measures are elaborated in (the) Gujarat Police Manual and compilations of Central and State Governments, namely the ‘Instructions to Deal with Communal Riots – Strategy and Approach’ by Gujarat DGP KV Joseph in 1997, ‘Communal Peace’ by MHA (Ministry of Home Affairs) and recommendations of Justice Reddy and Justice Dave Commissions, who probed into 1969 and 1984-85 communal riots in Gujarat respectively. Further, area-wise Communal Riot Schemes were also not put into operation. This lethal omission had smoothened the path of bandh enthusiasts for unleashing extreme atrocities on their targets through armed mobs.[4]
 
On the forenoon of February 28, 2002, I was on my way to the office in the State Police Headquarters at Gandhinagar from my residence in Ahmedabad city in a well-secured police vehicle with escort. I found bandh supporters freely moving on road equipped with sticks, shouting anti-Muslim slogans, burning tyres and waste material right on the roads and so on. They were forcing the commercial establishments including pan shops and street vendors to close down their business, in presence of inactive and unresponsive policemen, deployed on the spot and patrolling mobiles. I stopped my vehicle at a police static point and questioned policemen on duty, watching public nuisance, in front of them, silently, as to why no interventionist action, as per their duty obligations, was taken. They responded that they had no instructions in this regard from Police Commissioner of Ahmedabad city. Experienced policemen know the mob psychology of testing the mood, strategy and tactics of police and proportionately aggravating the intensity of violence, if police remained supportive of them – through petty violation of traffic rules to commission of arson, loot, assault, murder and rape, on those opposing the bandh and targeted groups. By afternoon of the day (February 28, 2002), the belligerent mobs attacked and burned trading centres owned by Muslims. Showrooms of Bata, Metro Shoes, Pantaloons and numerous hotels bearing Hindu and secular nomenclature were looted and burned down. Looters and arsonists were directed to shops, showrooms and hotels owned by Muslims by organizers of violence and mobilisers of mobs, after doing sufficient homework for selection of targets.[5]
 
On February 28, 2002, when I was in office, Khurshid Ahmed (IPS, 1997 batch) Commandant of SRPF, Headquartered at Saijpur Boga near Naroda Patiya, where 96 persons were killed by evening of that day, informed me by phone that about 500 Muslim families threatened by attacking mobs were seeking asylum inside the camp, secured by compound wall and armed sentries. He wanted specific orders for letting these private persons inside the SRPF Battalion Headquarters. In response, I immediately sent a fax message directing the Commandant to accommodate those seeking protection in the vacant barracks emptied by men, who were deputed to disturbed areas. In fact, the Commandant and his second-in-command DySP (deputy superintendant of police)Qureshi were in (a state of) panic (both belong to Muslim community) about the risk of their permitting Muslims, facing imminent danger, inside the campus. I assured them that none would find fault with them as they were complying with my written orders.
 
The State Government later claimed that 500 Muslims were saved by permitting them to stay in SRPF campus. Afterwards, I came to know that the Commandant had refused, ignoring my written orders, entry of refuge seekers in empty SRPF barracks and consequently, they had become victims of riots at the hands of marauding brigands.[6] Most of the 96 people killed in the evening in Naroda Patiya were reportedly from this group of Muslims who were denied asylum in SRPF campus. No action was initiated for defying written order of ADGP (AU) and no report was made. Reportedly, senior leaders pressurized Commandant for not permitting Muslims under attack by rioters inside SRPF campus. The State Government had subsequently posted Commandant Khurshid Ahmed in a sought after post of Deputy Commissioner of Surat city and his wife Shamina Husain (IAS, 1997 batch) as District Development Officer (DDO), Valsad district and Collector, Surendranagar district. DySP Qureshi was awarded President’s Police Medal for distinguished service, which is rarely awarded to SRPF officers, having no experience in crime policing.[7] SIT did not cite me as a witness in Naroda Patiya case. In the judgment of the case, many critical comments on the role of (the local police and) SRPF were made by the Special Judge.

I found bandh supporters freely moving on road equipped with sticks, shouting anti-Muslim slogans, burning tyres and waste material right on the roads and so on. They were forcing the commercial establishments including pan shops and street vendors to close down their business, in presence of inactive and unresponsive policemen, deployed on the spot and patrolling mobiles. I stopped my vehicle at a police static point and questioned policemen on duty, watching public nuisance, in front of them silently as to why no interventionist action, as per their duty obligations, was taken. They responded that they had no instructions in this regard from Police Commissioner of Ahmedabad city.
 
In the afternoon I met DGP K Chakravarthy in his chamber. I found him to be quite perturbed, helpless and stress-ridden about widespread mass violence in the cities of Ahmedabad, Vadodara and many rural areas. He lamented that things were taking a bad shape and activists of VHP, Bajrang Dal and BJP were leading armed crowds and police officers, at decisive level on the ground, were not intervening effectively as they were keen to avoid crossing swords with supporters of the ruling party. He hinted that the Chief Minister had convened a meeting of senior officers at his residence after his return from Godhra in the late evening of February 27, 2002. DGP said that the CM told officers in the meeting that “in communal riots, police normally takes action against Hindus and Muslims on one-to-one proportion, this will not do now, allow Hindus to give vent to their anger.”
 
The DGP added that no officer present in the meeting – PC Pande, Commissioner of Police (Ahmedabad city), Ashok Narayan, Addl Chief Secretary (Home Department), Swarankant Verma, the incharge Chief Secretary, Dr PK Mishra, Principal Secretary to CM (now he is the Additional Principal Secretary to the Prime Minister Narendra Modi) Anil Mukim, Additional Secretary to CM and K Nityanandam, Home Secretary including himself did not take any objection or speak against the illegality of this verbal instruction from CM. DGP had apologetically admitted that this posture of the CM was a major impediment in initiation of action against communal elements, perpetrating bestial brutalities on the minority community. He added that parading of dead bodies in Ahmedabad city of those killed in Godhra train fire incident, including dead bodies of those who did not belong to Ahmedabad city, had magnified communal frenzy of motivated Hindus.[8] [9]  
 
To relieve myself of the burden of my heart, subsequently I had prepared anonymous notes on, abominable stance of police positioned in sensitive areas acting as facilitators to rioters, higher number of persons from victim community getting killed in police firing and riots, belligerent mobs shouting about police abetment to their crimes thus “it is an open secret, the police is on our side” (Yah Andar ki Baat hai, police hamara saath hai), Muslims steadily losing faith in the integrity and dexterity of State administration.

(The) Apprehension of the DGP proved to be prognostic. From the morning of February 28, 2002 morning until March 3, 2002, when Army contingents and additional personnel from Central Para- Military Forces (CPMF) (actually) commenced effective patrolling in the affected areas, there were instances of horrendous mass murders, wherever police failed to perform their mandatory duties relating to maintenance of law and order. On my return journey from Gandhinagar to Ahmedabad residence on the late evening of February 28, 2002, I found many business centres, shops, houses and colonies in minority localities looted and destroyed. Riot victim survivors had been shifted to relief camps, organized by community leaders and activists. By the evening of March 1, 2002, media reported graphic details of targeted mass murders amounting to ethnic cleansing in those areas of minority dwelling pockets surrounded by majority community settlements.
 
In predominantly minority-dominated areas of Dariapur, Shahpur and Juhapura, violence was negligible. To relieve myself of the burden of my heart, subsequently I had prepared anonymous notes on, abominable stance of police positioned in sensitive areas acting as facilitators to rioters, higher number of persons from victim community getting killed in police firing and riots, belligerent mobs shouting about police abetment to their crimes thus “it is an open secret, the police is on our side” (Yah Andar ki Baat hai, police hamara saath hai), Muslims steadily losing faith in the integrity and dexterity of State administration and so on. These notes, basing on my personal observation, I had dispatched to the President of India, the Opposition Leader and senior leaders of major secular political parties. I was quite aware that it was an act of misconduct as per conduct rules, but I was forced to do it for getting some solace from the intense agony and tormenting helplessness felt by me in those days, having failed to do anything, due to legal constraints, to contain and control violence against hundreds of innocents though I was moving comfortably in a police flag car with three stars, beacon light and security cover. I heaved a sigh of relief when my friend in the Rashtrapati Bhavan informed me that my anonymous notes were read by the President, who, according to him, would be writing to the Prime Minister Atal Bihari Vajpayee about his concern and anxiety on demoralizing Gujarat situation.
 
Modern psychology confirms that a person’s mind-set and attitude are formulated by his inherited nature and the ambience impacted on him (upbringing). Indian psychology (has) spoke(n) about ‘Vasana’ (inclination), ‘Samskara’ (acquired culture) and ‘Samsarga’ (human and material surroundings) formulating one’s basic nature and ‘constructed realities’. In retrospect, I did a self-analysis about my extreme dejection and depression about the plight of community bearing the brunt of heinous motivated crimes by Sangh Parivar activists aided by the State machinery.
 
Having brought up in Kerala, historically well-known for communal amity, despite the spread of Semitic religions – Christianity and Islam – contemporaneous to their germination in places of origin, I never felt about the Muslims as people belonging to ‘the other’ – a social segment  alienated from Indian ethos and heritage. My close companionship with my maternal grandfather, late Balaramapuram G Raman Pillai, one of the founder leaders of Indian National Congress in erstwhile Travancore State, his undiluted commitment to secularism and socio-cultural and political camaraderie with the Muslims during the freedom struggle, had germinated in me a deeper sense of fraternity with the community. This had, however, never come in the way of my law enforcement in my police career.
 
Islam and Christianity reached the shores of Kerala along with the merchants and traders like Parsis did in Mumbai and Guajrat. In north India, the message of Islam came along with
invaders and conquerors, the Arabs in the 8th century (Muhammad bin Qasim) and Afghans and Turks (Muhammad of Ghor) in the closing decade of the 11th century. Repeated invasions by Sultan Mahmud of Ghazni against Gujarat, had deeply wounded Gujarati psyche, thanks to the coloured presentations on the advent of Muslims by the British and a section of Indian historians. The bitter truth and lesson of history regarding defeat of Indians by all outside invaders, irrespective of their religious persuasion, from the Persians, Alexander the Great in era Before Christ (BC) to Colonial powers of Portuguese, French and British, in modern times, on account of comparative inadequacies of Indian Army, constituted on unmerited and unscientific basis of caste, refusal of Indians to absorb fresh military technology and update the war strategy, tactics and hardware, were the main causative factors for the loss of all battles.
 
Is merely blaming Muslim conquerors for Indian losses, a shrewd strategy of caste Hindus, who are responsible for (the)mediocrity of Indian Army confronting the invaders, from ancient times? Ignoring these facts and condemning merely the Muslim invaders for defeat of Indians, in the medieval times, with a view to treat rulers professing Islamic religion as foreigners, even though no Muslim ruler of India from Sultan Qutb-ud-din Aibak to Mugal Emperor Aurangzeb (AD 1206 to 1707) had ever sent gifts or paid any indemnity to any political power outside India like Khalifa, is part of a communal political agenda. This strategy is adopted for creation of a sectarian exclusivist pro-Hindutva mind-set – and it was a contributing factor in making of an intense anti-Muslim disposition among all Hindus in Gujarat – cleverly window-dressing the historic failures of caste Hindus. Besides, the persistent communal indoctrination by Sangh Parivar, since the intensification of Ram Janmabhoomi liberation movement in 1980s, had transformed a large section of Hindu population, as carriers of the virus of deep-rooted animosity to Muslims. This must be a driving factor, which propelled many rioters, who inflicted beastial violence against Muslims during 2002 riots, acting like programmed human robots.

(Excerpts from Chapter 2, Gujarat Behind the Curtain, RB Sreekumar, former DGP, Gujarat, Manas Publications, New Delhi, 2016)
 

Bibliography
Kar sevak: volunteer for a religious cause; since mid 1980s, in India has come to mean, sponsored participants of Hindu rightwing organizations in their programmes, especially to build a Ram temple at Ayodhya (this included destruction of a Mosque on December 6, 1992)
RSS: Rashtriya Swayamsevak Sangh, a Hindu supremacist organization formed in 1925 with the vision of a Hindu theocratic state                   
Ramjanmabhoomi:  The movement to build a Ram temple at Ayodhya (this included destruction of a Mosque on December 6, 1992) begun by supremacist groups like the RSS-VHP-BJP and Bajrang Dal
Sangh Parivar: A term used to signify the supremacists groups like the RSS, VHP, Bajrang Dal and BJP who have been politicizing Hunduism over the past 90 years
VHP:  Vishwa Hindu Parishad, part of the Sangh Parivar, the family of the Rashtriya Swayamsevak Sangh (RSS)
Bajrang Dal:  A group of the Sangh Parivar established to mobilize Dalits to the cause of a Greater Hinduism
Bandh:  A strike call
Hindutva:  The doctrine of a Hindu theocratic state (those who believe in the Hindu theocratic state)
 


[1] Vedamurti Taponishtha Pandit Sreeram Sharma Acharya, Divine Message of Vedas, published by Yug Nirman Yojna (Mathura), p 54.
[2] Bhagwan Das, Essential Unity of All Religions, Bharatiya Vidyabhavan, p 425.
[3] RB Sreekumar (RBS), 4th affidavit, dated 27th October 2005, Paras 38-39
[4] RBS, representation to the Governor of Gujarat, dated 3rd December 2012, Annexure IV to the book
[5] RBS, statement to Special Investigation Team, dated July-August 2009
[6] The trial in the Naroda Patiya case led evidence to show that while the SRP Campus had allowed Vistim-Survivors to enter the premise till about 1 p.m., suddenly in the afternoon this entry was stopped (Editors)
[7] RBS, statement to Special Investigation Team, dated July-August 2009
[8] Ibid
[9] RBS, 4th Affidavit, pp 61-64

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The silent conspirator https://sabrangindia.in/silent-conspirator/ Thu, 30 Apr 2009 18:30:00 +0000 http://localhost/sabrangv4/2009/04/30/silent-conspirator/ Accused number 29: PC Pande, former commissioner of police, Ahmedabad PC Pande, the former commissioner of police (CP), Ahmedabad, and later the DGP, Gujarat, who continues to enjoy special favour with the Modi dispensation, sent a confidential written communication to the then DGP, K. Chakravarti, on April 19, 2002. The letter implicates Bharat Barot, the […]

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Accused number 29: PC Pande, former commissioner of police, Ahmedabad

PC Pande, the former commissioner of police (CP), Ahmedabad, and later the DGP, Gujarat, who continues to enjoy special favour with the Modi dispensation, sent a confidential written communication to the then DGP, K. Chakravarti, on April 19, 2002. The letter implicates Bharat Barot, the then minister for food and civil supplies in the Gujarat government, as he directly instigated well-known gangsters of the Bajrang Dal and VHP to arson. Another such letter by the CP, written ten days later, was addressed to both DGP K. Chakravarti, and the then additional chief secretary (home), Ashok Narayan (accused numbers 25 and 28 respectively).
 

Both these letters were submitted to the Nanavati-Shah Commission in 2006 as appendices to the then ADGP, Mahapatra’s affidavit. Despite attempts by the commission to prevent copies of the letters from coming out, CJP managed to access the documents in 2006 itself and they were part of the Zakiya Jaffri petition in both the Gujarat high court and the Supreme Court.
 

On April 15, 2002, four days before Pande’s first letter to the DGP, a mob had gathered near the Amba Mata temple, near Kapadia High School outside Delhi Darwaja in Ahmedabad. This was at 9.30 a.m., in broad daylight. Bharat Barot, then a cabinet minister, drove up in a white private car, had a whispered confabulation with some members of the mob (named below) and drove off. As soon as he left, incidents of arson took place outside Delhi Darwaja and near Idgah Chowky.
 

The commissioner of police, Ahmedabad, while referring to this incident in the letter to his boss, the DGP, states that Harshad Panchal, Dipak Goradia and Dinesh Prajapati, all workers of the Bajrang Dal, were part of the mob. Pande, who was part of Narendra Modi’s major cover-up operation in 2002, also says that known leaders of the VHP and Bajrang Dal such as Raju Ravji Thakore, Kamlesh Babu Thakore, Bholiyo, Virambhai, Paresh Langdo and Mahendra Bachubhai were part of a mob that had launched attacks in the Madhavpura locality.
 

What steps did the police take? PC Pande, instead of booking the minister for incitement and abetment, politely requests his boss "to bring this matter to the knowledge of government" and to make arrangements to ensure that "Hon’ble ministers of government may not do (sic) such activity."
 

Yes, Pande does write the letter. But what more does he do? He keeps it under wraps until it is produced before the Nanavati-Shah Commission four years later.
 

 

Shielding extortion by the VHP/Bajrang Dal

Ten days later, on April 29, 2002, Pande makes other significant revelations in a second written communication, this one addressed to both Chakravarti and Ashok Narayan. This document, which was also accessed by CJP, was submitted to the Gujarat high court in 2007 as an annexure to the petition filed by Zakiya Jaffri and CJP, seeking directions from the court for registration of an FIR against Modi and 62 others. In 2008 it was also filed in the Supreme Court, in the litigation challenging the appointment of PC Pande as DGP of Gujarat.
 

In this letter, while reporting on the continued misbehaviour and criminal actions of the VHP and Bajrang Dal in Ahmedabad, Pande says "one and three quarter months (after the Godhra and post-Godhra violence) …when the situation in Ahmedabad is limping back to normal, some ugly activities are being carried out by parties that have the support of the government."

Why did the commissioner of police restrict himself to private pleas and in-house communications instead of acting to book the criminals for their illegal activities?
 

Specifically, he states that workers of the VHP and Bajrang Dal in Ahmedabad city were extorting money from businessmen under the pretext of providing them protection from the minority community. Though forced by the bullying tactics of the VHP and Bajrang Dal into paying out the amounts demanded, the businessmen had nonetheless complained about these illegal activities in public and also to the police.
 

Worse still, Pande also makes reference to complaints received by the police of threats faced by the minority community when they went to majority-dominated areas for work or work-related activities. Here too he says that the police had noted the active role played by workers of the VHP and Bajrang Dal.
 

(This from a man who suffered a sudden lapse of memory during his deposition before the Nanavati-Shah Commission and one who has protected the state government before and since.
 

Why does the commissioner of police restrict himself to private pleas and in-house communications instead of acting to book the criminals for their illegal activities?)
 

Pande also states in this letter that attempts were being made by criminals belonging to the VHP and Bajrang Dal to seize the properties of minorities after their homes had been destroyed by goons belonging to the majority community. He says that members of the minority community were not allowed to reclaim their properties and were being threatened if they did return.
 

Pande reveals all in confidential communications to his superiors but takes no steps to book the criminals, register complaints and protect the victims. He privately acknowledges the criminal activities of groups that enjoy the patronage of the top men in government as seen in these letters. He even appeals to the state government to stop their patronage and protection of criminal groups like the VHP and Bajrang Dal. Why does he do nothing more?

Archived from Communalism Combat,  May 2009 Year 15    No.140, Cover Story 3

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Reward and punishment https://sabrangindia.in/reward-and-punishment/ Sat, 30 Jun 2007 18:30:00 +0000 http://localhost/sabrangv4/2007/06/30/reward-and-punishment/ The role of the Gujarat government in constructing the conspiracy theory behind the Godhra train arson and engineering the post-Godhra genocide has now been well documented. The report of the Concerned Citizens Tribunal also documented the names of officers and bureaucrats with a clear nexus to the sangh parivar (Crime Against Humanity – Volume II, […]

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The role of the Gujarat government in constructing the conspiracy theory behind the Godhra train arson and engineering the post-Godhra genocide has now been well documented. The report of the Concerned Citizens Tribunal also documented the names of officers and bureaucrats with a clear nexus to the sangh parivar (Crime Against Humanity – Volume II, Findings and Recommendations).

As far back as April 24, 2002, the then ADGP, RB Sreekumar recorded in a confidential report of the State Intelligence Bureau (which was also submitted to the Nanavati-Shah Commission) that "The inability of the Ahmedabad city police to contain and control violence unleashed by communally oriented mobs created an atmosphere of permissiveness and this eroded the image of the police as an effective law enforcing machinery in society, particularly among the lumpen and underworld segments… Many senior police officers spoke about officers at the decisive rung of the hierarchical ladder viz. inspectors in charge of city police stations ignoring specific instructions from the official hierarchy on account of their getting verbal instructions from senior political leaders of the ruling party."

Worse still was the consistent policy followed by the state government to punish those officers who performed their duties according to the law and to reward those who promoted killings, rape and arson by going along with the unlawful plans of the chief minister and his party during and after the 2002 genocide. For example:
 

RB Sreekumar: The former ADGP (intelligence) was transferred to the insignificant post of ADGP (police reforms) in September 2002. The transfer was ordered following Sreekumar’s determined efforts to uphold the law and expose the Modi administration’s nefarious activities during and after the 2002 violence. Between July 2002 and October 2005 Sreekumar filed four affidavits before the Nanavati-Shah Commission that provided startling evidence of the chief minister and his administration’s complicity in the genocide, their continuing anti-minority actions and their unrelenting efforts to obscure the truth. In early 2005 Sreekumar was superseded for promotion to the post of DGP, Gujarat, a decision that he challenged before the Central Administrative Tribunal. Although the tribunal ultimately ruled in his favour, the order was delivered on the day Sreekumar retired from service on February 28, 2007.

Rahul Sharma: The former SP, Bhavnagar, was transferred to the relatively unimportant post of DCP (control room) on March 24, 2002. Sharma’s strong actions to quell rioting mobs in Bhavnagar helped bring a volatile situation under control. On March 1, 2002, he prevented an attack on a madrassa that housed over 400 Muslim children by opening fire on the mob. Sharma refused to release the 21 persons/leaders belonging to the sangh parivar who were arrested for the attacks in Bhavnagar despite being under immense pressure to do so. In July 2002 Rahul Sharma was transferred to the post of SRPF commandant for opposing the anti-minority stance adopted by the Ahmedabad Crime Branch in the investigation of Ahmedabad city carnage cases. On July 1, 2002 Sharma filed an affidavit before the Nanavati-Shah Commission. In October 2004 during his deposition before the commission he produced extensive data in the form of mobile phone records that implicate both politicians and policemen in the rioting. Rahul Sharma is currently on deputation as SP, CBI.
 Vivek Srivastava: The former SP, Kutch, was transferred to the post of DCP (prohibition and excise) in March 2002. Srivastava had arrested a commandant of the Home Guard with known VHP links who was creating trouble in the border district. He carried out the arrest despite instructions to the contrary from the chief minister’s office.

Himanshu Bhatt: The former SP, Banaskantha, was transferred to the Intelligence Bureau at Gandhinagar in March 2002. Bhatt initiated action against a sub-inspector who had assisted a rioting mob. The sub-inspector concerned, who had important political connections, was reinstated from suspension and resumed his duties at the same police station.

MD Antani: The former SP, Bharuch, was transferred out of Bharuch to Narmada district in March 2002. Antani took action against some BJP/VHP supporters creating trouble in Bharuch.

Satishchandra Verma: The former Range DIGP, Bhuj, was transferred in March 2005 to the post of officer in-charge, SRP Training Chowky, Sorath, Junagadh, a post usually occupied by officers at the level of SP. The transfer was effected by upgrading the post from the level of SP to DIGP. Verma was transferred after he ordered the arrest of a BJP MLA from Banaskantha for his involvement in the murder of two Muslim boys during the 2002 violence. He carried out the arrest after fresh investigation entrusted to him as part of the review of about 2,000 riot related cases initiated under orders from the Supreme Court in August 2004.

 Jayanti Ravi: The former collector, Godhra, is now on deputation to the central government. Ravi maintained that the Godhra burning was an accident and firmly advised the chief minister against taking the bodies of Godhra train victims to Ahmedabad on February 27/28, 2002. It was these interventions that compelled the cavalcade to go by road, the initial plan being to take the burnt coach further. Following the outbreak of violence, there had also been large-scale arrests of BJP/VHP workers on rioting charges in areas within her jurisdiction.

Neerja Gotru: The SP (prohibition), Ahmedabad, was appointed special investigating officer assigned to reopen investigations in some riot related cases after the Supreme Court’s intervention in late 2003. Gotru reinvestigated riot related cases in Dahod and Panchmahal districts and managed to reopen some of them successfully. She was asked to wind up her probe in September 2004 soon after she ordered the arrest of a police sub-inspector who had burnt 13 bodies of the victims of the Ambika Society massacre at Kalol, all of them Muslim, in an attempt to destroy evidence. She was also instrumental in pursuing arrests in the Delol massacre case, which the same sub-inspector had closed "for want of evidence".
 

G. Subbarao: The former chief secretary was given a three-month extension in his post and also appointed chairman of the Gujarat Electricity Regulatory Commission for six years from May 2003. Occupying the senior-most position within the state bureaucracy in 2002, Subbarao coerced officials to support the unlawful policies of the Modi government and even instructed officers to ‘eliminate’ minorities.

Ashok Narayan: The former additional chief secretary (home) was given a two-year post-retirement position as Gujarat state vigilance commissioner. He was selected for this sensitive post despite the fact that his conduct and performance as former additional chief secretary is currently under scrutiny at the Nanavati-Shah Commission. Narayan helped the Modi government to carry out its anti-minority policies during and after the 2002 violence. He further demonstrated his allegiance to the chief minister by not revealing anything adverse in his affidavit before the commission and during his cross-examination before the commission in August 2004. Moreover, he did not file a second affidavit under the commission’s second term of reference (probing the chief minister’s role in the violence).

PK Mishra: The former principal secretary to the chief minister and chief executive officer, Gujarat State Disaster Management Authority (GSDMA), was later appointed to the important post of additional secretary, ministry of home affairs, Gujarat. He was also sent on several foreign jaunts in his capacity as chief of the GSDMA. Mishra was rewarded for his services to political masters as dedicated collaborator in the chief minister’s anti-minority drive. PK Mishra is currently principal secretary in the department of agriculture and cooperation of the union ministry of agriculture under the Nationalist Congress Party’s Sharad Pawar.

AK Bhargava: Appointed DGP, Gujarat, in February 2004, Bhargava was allowed to hold the additional charge of MD, Gujarat State Police Housing Corporation Ltd., controlling an annual budget of Rs 200 crore. As DGP, he readily cooperated with the government in protecting the BJP’s political interests in the matter of review of about 2,000 riot related cases, the Pandharwada mass graves case, the harassment of upright officers, compliance with the government’s illegal directives, and so on.     

PC Pande: The former CP, Ahmedabad city, was inducted into the central government by the NDA in March 2004, to the prestigious post of additional director, CBI. Pande’s appointment to the CBI was challenged by Citizens for Justice and Peace (CJP) in the Supreme Court and he was directed by the apex court not to have anything to do with the Gujarat cases. Pande was then transferred to the post of additional director-general of the Indo-Tibetan Border Security Force in October 2004. In April 2006 Pande was appointed to the post of DGP, Gujarat, after which a second approach to the Supreme Court by CJP has once again led the court to direct him not to be involved in the investigation of riot related cases. It is relevant to note that Pande’s appointments to these influential posts are rewards for his services in facilitating the massacre of nearly 1,000 persons in Ahmedabad city during the 2002 riots, 95 per cent of them Muslim, and for shielding the Hindu perpetrators from arrest during the investigation of riot cases.

Kuldeep Sharma: The former Range In-charge, IGP, Ahmedabad Range, was promoted to the post of ADGP (crime), Gandhinagar. Sharma was rewarded for facilitating riots in the rural areas of Ahmedabad Range (the districts of Ahmedabad Rural, Kheda and Anand). He has also not filed any affidavits before the Nanavati-Shah Commission.

Punishment: Interestingly, in July 2005 Sharma was shifted to the post of ADGP (training) for failing to book danseuse and social activist, Mallika Sarabhai, accused in a false case of cheating and other offences, and for failing to protect a minister in the Modi cabinet – Prabhatsinh Chauhan – involved in a case of criminal misappropriation.     

MK Tandon: The former Joint CP, Ahmedabad city, was transferred to the "lucrative" Surat Range post in May 2002 and later promoted to the post of ADGP, Gandhinagar. In July 2005 Tandon was appointed to the post of ADGP (law & order) at the state police headquarters, a position with statewide jurisdiction. Tandon was rewarded for his services in facilitating the carnages at Gulberg Society, Naroda Patiya and elsewhere in Ahmedabad city where hundreds of Muslims were killed during the riots in 2002.  

Deepak Swaroop: The former Range Officer, Vadodara Range (covering the districts of Vadodara Rural, Godhra, Dahod and Narmada), was appointed CP, Vadodara, in February 2005. In charge of an area that witnessed ghastly incidents of violence in 2002, Swaroop is noted for his sustained inaction in the face of marauding mobs. He also narrowly escaped reprimand for concealing facts vis-à-vis investigation into the Best Bakery case by sessions judge, Abhay Thipsay, during the retrial of the case in Mumbai.

K. Nityanandam: The former home secretary was promoted to the post of CP, Rajkot city, in February 2005, a promotion effected by upgrading the post by two levels, from DIG to ADGP. Nityanandam was rewarded for his services as home secretary from 2001 to 2005, in particular for manipulating statistics and fabricating and drafting pro-government reports that were submitted to the NHRC and the courts.

Rakesh Asthana: Although a junior IG, Asthana was appointed to the post of IGP of the important Vadodara Range in April 2003. He was rewarded for zealously pursuing the government’s conspiracy theory with regard to the Godhra incident in his capacity as head of the Special Investigation Team probing the Godhra train arson. 

AK Sharma: The former SP, Mehsana, was appointed to the post of IGP, Ahmedabad Range, an important jurisdiction, an appointment that was achieved by downgrading the post. In early December 2002, prior to the Gujarat assembly elections, AK Sharma was removed from the post of SP, Mehsana, under instructions from the election commission who believed his presence would not be conducive to the conduct of free and fair elections in the district. He was however reinstated as SP later that month. Sharma was rewarded for his services during the riots of 2002. It was under Sharma’s jurisdiction that Mehsana district witnessed gruesome incidents of mass carnage, including the massacre at Sardarpura.    

Shivanand Jha: The former Addl. CP, Ahmedabad city, was appointed home secretary in February 2005. As Addl. CP, Jha headed the team that assaulted representatives of the media and social activists – including Narmada Bachao Andolan leader, Medha Patkar – at a peace meeting in Ahmedabad in April 2002. He was then transferred to the post of DIG (armed units), Rajkot, an appointment achieved by downgrading the post. Jha was rewarded in view of his services during the 2002 riots and for making no adverse revelations about the government before the Nanavati-Shah Commission. As home secretary, Jha is currently handling the preparation of reports defending the government in all matters relating to the 2002 riots and subsequent developments, to be presented to the courts and other bodies.

Sudhir K. Sinha: The former CP, Vadodara city, from June 2003, was appointed CP, Surat city, in February 2005, a post that many consider the most "profitable" one in the Gujarat police. Sinha was rewarded for his services in turning the key prosecution witness in the Best Bakery case, Zahira Shaikh, hostile, an event that occurred during his tenure as CP, Vadodara city.  

DG Vanzara: Appointed DIG, Anti-Terrorism Squad, in July 2005, Vanzara’s appointment was effected by downgrading the post from the level of IGP to DIGP. He was rewarded for ‘eliminating’ several Muslims in so-called police encounters during his tenure as DCP, Ahmedabad Crime Branch, from May 2002 to July 2005. Vanzara is currently in jail for his involvement in the Sohrabuddin Sheikh encounter case.
 

Subservience of the IPS association 
  1. The terror instilled in the minds of the Gujarat bureaucracy is evident in the fact that the IPS association’s Gujarat unit did not dare to convene a meeting until about three years after the genocide. A meeting of the IPS association’s Gujarat unit was finally convened in August 2005 with an aim to install a pro-government group of officers as office bearers. A campaign was launched to install DG Vanzara as secretary (the main functionary in the association) without holding any elections at all. Fortunately, however, elections were held and DIGP Satish Verma defeated Vanzara by a margin of 13 votes (Verma won 31 votes while Vanzara won 18).   
     
  2. The Gujarat police force has about 8,000 vacancies at the constabulary level and about 950 vacancies at the level of police sub-inspector (PSI). These vacancies are in crucial functional posts. The inadequacy of trained and skilled human resources has had damaging effects on the efficiency, dedication and professionalism of the Gujarat police even as it undermines the quality of service delivered to the people. Overworked and under tremendous stress, the policemen at the constabulary and PSI level take the line of least resistance in matters of policing vis-à-vis the interests of the ruling BJP. Submitting to illegal directives from leaders of the ruling party is the only way they can survive.
     
  3. As part of a so-called economy measure, the state government has introduced a new cadre of "Lok Rakshaks" under which persons are hired for policing (eventually to replace the constabulary) at a meagre Rs 2,500 per month. A group of senior citizens headed by former DGP, PB Malia, has filed a petition in the Gujarat High Court asking that the scheme be declared illegal.

Archived from Communalism Combat, July 2007 Year 13    No.124, Genocide's Aftermath Part II, State Complicity 3

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State Complicity, Police Misbehaviour, Gujarat 2002 https://sabrangindia.in/state-complicity-police-misbehaviour-gujarat-2002/ Sat, 30 Nov 2002 18:30:00 +0000 http://localhost/sabrangv4/2002/11/30/state-complicity-police-misbehaviour-gujarat-2002/ Courtesy: Reuters Evidence before the Tribunal clearly establishes the absolute failure of large sections of the Gujarat police to fulfil their constitutional duty and prevent mass massacre, rape and arson — in short, to maintain law and order. Worse still is the evidence of their active connivance and brutality, their indulgence in vulgar and obscene […]

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Courtesy: Reuters

Evidence before the Tribunal clearly establishes the absolute failure of large sections of the Gujarat police to fulfil their constitutional duty and prevent mass massacre, rape and arson — in short, to maintain law and order. Worse still is the evidence of their active connivance and brutality, their indulgence in vulgar and obscene conduct against women and children in full public view. It is as if, instead of being impartial keepers of the rule of law, they were a part of the Hindutva brigade targeting helpless Muslims.

To start with, the Godhra incident would not have taken place had the police taken due precautions right from the beginning. Given Godhra’s history and communal background, the police should have maintained a strict vigil as kar sevaks crossed Godhra, on their way to Ayodhya and on their return journey, more so because the climate in the country was already tense because of the VHP’s Ayodhya plan. On their way to Ayodhya, the kar sevaks had indulged in provocative acts at Godhra station. Despite these warning signs, there was not enough deployment of forces. In the circumstances, one may well ask whether this was a case of intelligence failure on the part of the police force, or a deliberate absence of pre–emptive action?

Once the Godhra tragedy had occurred, the Gujarat police made no preventive arrests. The only two arrests made on February 27 were those of Shri Mohammed Ismail Jalaluddin and Shri Fateh Mohammed, who were picked up at Astodia that night, for shouting slogans.

Since 1998, there has been a proliferation of hate speech and incendiary pamphlets all over Gujarat. The Gujarat police are guilty of not initiating or pursuing criminal action against the hate–mongers for four long years, even after hate speech and hate writing had frequently been used to create an ‘appropriate’ social climate to precipitate violence against the minorities.

There is adequate evidence recorded by the Tribunal from rural and urban Gujarat, which points to systematic data collection by the VHP/RSS/BD outfits, aided by sections of the state administration under the direct control of the fraternal BJP. Throughout the sinister planning and plotting, the Gujarat police maintained a discreet distance, adopting a non–interfering stance to blatantly unlawful activities.

On March 12, rediff.com posted an interview by the Gujarat VHP chief, KK Shastri on its website. He revealed in the interview: “In the morning (February 28), we sat down and prepared the list (of Muslim shops ands establishments to be targeted). We were not prepared in advance.” The police have not thought it fight to initiate any inquiry or action against Shri Shastri despite his self–confession of the VHP’s criminal misconduct.

The Tribunal received direct information through a testimony from a highly placed source of a meeting where the chief minister, two or three senior cabinet colleagues, the CP of Ahmedabad, and an IG police of the state were present. This meeting took place on the late evening of February 27. The meeting had a singular purpose: the senior–most police officials were told that they should expect a “Hindu reaction” after Godhra. They were also told that they should not do anything to contain this reaction.

The Tribunal also has evidence of a secret meeting, held late in the evening of February 27, in Lunavada village of Sabarkantha district. Phone calls were made to invite 50 top people of the BJP/RSS/BD/VHP. Fifty top people, the Tribunal was told, met at this undisclosed destination and detailed plans were made on the use of kerosene, petrol for arson and other methods of killing. The state intelligence did not or could not track such meetings and preparations for the gruesome violence that was to follow.

“The police tried their best, but they couldn’t stop the mobs. They were grossly outnumbered when the mobs grew,” Ahmedabad’s police commissioner, Shri PC Pandey had pleaded. But in most cases, inadequacy of forces is a mere excuse touted by serving police officers who fail in their primary duty. Even in Gujarat this time, in several cases where good officers held out against political pressure, the same small deployment was enough to act decisively and control the situation. In the vast majority of cases, however, the police either did not act or acted on behalf of the mob.

PC Pandey publicly changed his stand four months later when, on June 1, 2002, in an interview he stated that “VHP and BD were responsible for the violence in the state.”

The shocking levels of police complicity in the Gujarat carnage cannot be over–emphasised. On February 28, of the 40 persons shot dead by the police in Ahmedabad city, 36 were Muslims. This, despite the fact that it was the minority community which was being targeted by huge and well–armed mobs on that day, at both Naroda Gaon and Patiya as well as Chamanpura.

Gujarat Police has finally admitted that it killed more Muslims than Hindus in its ostensible attempts to stop what was clearly targeted Hindu violence against Muslims. Of the 184 people who died in police firing since the violence began, 104 are Muslims, says a report drafted by Gujarat police force itself. This statistic substantiates the allegations of riot victims from virtually every part of the state that not only did the local police not do anything to stop the Hindu mobs; they actually turned their guns on the helpless Muslim victims.

At some places in the state though, this trend, of more Muslims falling to police bullets than Hindus, was reversed. In both Bhavnagar and Banaskantha districts, five Hindus died in police firing on rioters. No Muslim was killed in Banaskantha, only one died in Bhavnagar. The superintendents of police of both districts were promptly removed from their posts. The number of Muslim and Hindu deaths in police firing, despite having been computed by the Gujarat police, have, so far, not been released. Coming out with the truth would only inflame the situation, it is feared.

Shri Pandey’s comments, telecast during the ‘Newshour’ bulletin of Star News on February 28, on the role of the police under his command was telling: “These people also, they somehow get carried away by the overall general sentiment. That’s the whole trouble. The police are equally influenced by the overall general sentiments.” Here we have a top police official being indulgent towards his policemen who “somehow” get carried away by “general sentiments”, when the least that could be expected of him would be a categorical assertion that those in the force who had failed to enforce ‘the rule of law’ were a disgrace to the uniform they donned and would themselves be punished in accordance with the law.

The Tribunal has enough evidence to establish that the Gujarat carnage was not simply a case of failure or abdication of duty; in far too many cases, the police were accomplices in the carnage.

On February 28, as carefully planned mass killings were engineered in 30 different locations all over the state, two senior cabinet ministers sat in the police control room in Ahmedabad and the state police control room in Gandhinagar and directly influenced police action, or inaction. Gujarat’s health minister, Shri Ashok Bhatt — who, incidentally, faces a criminal charge for the murder of a police head constable, Desai, on April 22, 1985 at Khadia in Ahmedabad — was in the police control room (PCR) at the Ahmedabad police commissionerate in Shahibaug for more than three hours on February 28. And urban development minister, Shri IK Jadeja who is considered Modi’s right hand man, had parked himself in the state police control room at Gandhinagar for four hours from 11 a.m. onwards on the same day.  To have cabinet ministers sitting inside the state and city police control rooms can mean only one thing: they were there to influence the independent functioning of the police.

The police chiefs of Ahmedabad, Vadodara, Rajkot, Mehsana, Panchmahal, Dahod and Sabarkantha stand individually indicted for their failure to control unprecedented violence under their respective jurisdictions. The SPs of several of Gujarat’s 24 districts are also directly culpable. The Tribunal has enough evidence to establish that the Gujarat carnage was not simply a case of failure or abdication of duty; in far too many cases, the police were accomplices in the carnage.

When Vadodara’s commissioner of police, Shri DD Tuteja was contacted by concerned citizens and traumatised survivors to protest against the overall failure of the police to respond to complaints, he is claimed to have remarked, “Aapka naukar kiska kaam karega?” (“Who’s work would your servant do?”), implying that the police is subservient to the ruling party in power.

To begin with, police failure to quash rumours, deliberately floated to inflame passion and fuel violence, is unpardonable. In addition, from February 27 to April 10, it failed miserably in taking decisive action to control the violence that followed. The daily newspaper Sandesh was used to actively promote fear and insecurity in the minds of the majority while the minority was being targeted. However, the police did precious little to diffuse the situation.

As if this were not bad enough, the police itself committed atrocities against Muslims, especially in Vadodara  (Bahar Colony, Noor Park and other areas) and Ahmedabad (Gomtipur and elsewhere). Even women were beaten and thrashed, often on their breasts and vaginas. In fact, such widespread sexual misbehaviour of the police with Muslim women marks a new low in police misconduct against the minorities.

It is a matter of public knowledge that in the past 3–4 years the VHP and the Bajrang Dal have distributed trishuls on a large scale in Gujarat. Barely disguised as a ‘religious symbol’, trishuls are sharp, three–pronged weapons that can easily cause fatal injury. Yet it took no steps to seize the weapons, stop the training camps or act against its practitioners in any other way.

Police conduct after the Gujarat carnage, with regard to the registration of crimes, conducting of investigations etc., has been marked by a desire to please political bosses and an utter disregard for the law of the land. This is nothing but calculated miscarriage of justice. The police are required to file separate FIRs for each incident. Instead, separate incidents of crime committed by different aggressors at different places at different times have been clubbed together in single omnibus FIRs. Panchnamas have either been made 3–4 weeks after the incidents or not at all. Also, if the charge-sheets filed in the Gulberg (Chamanpura), Naroda Gaon and Patiya massacres are anything to go by, the names of the main accused have been conveniently dropped.

Worse still, in places like Pandharwada, Anjanwa, Mora (Panchmahal district), Randhikpur and Sanjeli, Fatehpur and Dailol (Dahod district) as well as in villages in Bharuch, Sabarkantha, Mehsana and Himmatnagar districts, the Tribunal has evidence of the police bullying victim–survivors into filing FIRs wherein only mobs are mentioned, without naming the assailants and mob leaders whom the victim–survivors had clearly recognised during the incidents of violence. The CPs of Ahmedabad and Vadodara are also culpable for similar police misconduct.
 

Communalisation of the Police Administration
Evidence before the Tribunal clearly indicates that since the assumption of power by the BJP in Gujarat in February 1998, there was a calculated move to sideline Muslim police officers. Muslim officers were given non-executive posts. (they were assigned to crime investigation etc.). The eight Muslim officers, from a total of 141 IPS officers in the state, were kept away from decision–making posts.

The Tribunal notes with shock that, as a result of this discriminatory practice by the Gujarat government, the younger batch of Muslim IPS officers who joined service in ’92–’93 have not known executive policing because they have simply been denied the opportunity to test their executive capabilities.

The Tribunal recorded the testimonies of many police officials who, for obvious reasons, cannot be identified. In every police chowki, the normal practice is to make head constables in–charge of a beat or outpost. Since the BJP assumed power in Gujarat, it has ensured that in the few instances where a head constable might be a Muslim, he would not be in–charge of the beats/outposts under the chowki.

Evidence led before the Tribunal indicates that ministers in the BJP government in Gujarat made public statements to ensure that Muslims in the state’s police force were sidelined. For instance, in 1999, Shri Mahen Trivedi, the minister of state for home, stated publicly at a police function: “We have told you that we don’t want Muslims in controlling posts. Why is he posted there?” (Confidential testimony of police officers before the Tribunal).

Police-parivar nexus
All vital and sensitive postings in the Gujarat police were systematically politicised and saffronised by the BJP immediately after coming to power.
Here are some examples of the police–parivar nexus:
1. Police Inspector VB Raval, (PCB, Ahmedabad City) Crime Branch: He participated in the demolition of the Babri Masjid as a kar sevak and proudly displays a photograph thereof as a trophy. This deed of his is said to have fetched him such a plum post.
2. Shri RD Makadia, DCP Zone IV: Very close to VHP leader Shri Praveen Togadia; works as his agent.
3. Shri Savani, DCP Zone V: A close ally of Shri Togadia.
4. Shri RB Jebalia, DCP Zone VI: Hails from Amreli district, as does Shri Togadia. He is said to be under a personal obligation to Shri Togadia, though he may not be outright communal.
5. Shri PB Gondia (IPS), DCP Zone III: His father is an ex–MLA (Congress.) He was offered a BJP ticket from Panchmahal dist. during the last Assembly elections. He was ready to contest but his father persuaded him not to.
6. Shri Parghi (IPS), DCP Zone I: Brother–in–law of Shri Gondia. He was seen moving in his official vehicle along with Shri Haren Pandya during the riots.
7. Shri DJ Patel, DCP Zone II: Also very close to Shri Togadia.
Himmatnagar (Sabarkantha)
8. Shri ND Solanki, SP Himmatnagar: His father is an active office–bearer in the VHP.

Politicians of all hues resort to punitive transfers, which only reinforces the oft reiterated demand for an independent police force in the country. In Gujarat, such transfers take place at the behest of the Sangh Parivar.

After the carnage, several police officers suffered for their upright behaviour in controlling violence and preventing further loss of life. From the evidence placed before the Tribunal these are:

  • Shri Vivek Srivastava, SP, Kutch: The young officer arrested a Home Guard commandant after he assaulted a Muslim woman. The commandant is a known VHP worker. Shri Srivastava was shunted to the post of SP (Prohibition).
  • Shri Praveen Gondia, DCP Zone IV, Ahmedabad City: Shri Gondia registered FIRs against prominent BJP and VHP leaders for their role in the rioting. He was transferred to Civil Defence.
  • Shri Himanshu Bhatt, SP, Banaskantha: He suspended a sub–inspector who had allowed a Hindu mob to plunder a village in the district. The PSI is close to several BJP and VHP leaders. Shri Bhatt was transferred to the Intelligence Bureau.     
  • Shri Rahul Sharma, SP, Bhavnagar: The riots erupted when he had only been in charge for 25 days. Shri Sharma fired on a mob that was trying to set a madrassa (school) on fire, and put all its leaders behind bars. By his firm act, 400 young lives were saved. A local BJP leader wanted the culprits released but Shri Sharma refused to oblige. The officer is now DCP (Control Room).
  • Shri Ajit Srivastava, PI, Khanpur police station, surveillance branch, Ahmedabad city: On February 28, this officer saved the lives of 35 Muslim women who were trapped inside some hutments with a mob surrounding them within his jurisdiction. He risked his life and limb by jumping into the fire that had already started and fortunately saved them. Later that day, around 8 p.m., while he was in the Madhopur police station area, Shri Srivastava risked his left for the second time the same day to rescue 134 Muslims surrounded by an over 20,000–strong mob. In the process, he prevented what could very likely have been two more incidents of ghastly massacre in Ahmedabad city.
  • Shri Vinod Mall, SP Surendranagar: For having efficiently controlled violence and foiled attempts at provocation in his district, he was given a promotion posting in Ahmedabad which effectively deprived him of direct charge of a district.
  • The Gujarat government under the BJP has used the IB (Intelligence Bureau) to promote the sangh parivar’s political agenda of targeting the minority community. In the past, police stations maintained details of places of residence and business of members from the minority community, to ensure them protection whenever necessary. The present government grossly misused the IB machinery to find out who lived where, making their cadre’s job of loot and arson easy.

The present government had attempted to use the police to put together a selective census of Christians and Muslims but was compelled to withdraw after a nation–wide protest. The Gujarat police, under instructions from the government, instituted a ‘Cell to Monitor Inter–Community Marriages’, a step that is in gross violation of the Indian Constitution.

Some lists of politically convenient appointments to the police department were placed before the Tribunal. (See Box) This needs further investigation and, if true, the situation must be redressed. This is imperative if a clean and politically untarnished police force is to be put in place to ensure justice and peace.

Apart from the police, the BJP has filled several posts within the state’s Home Guards with members of the VHP. The head of the Home Guards in Mehsana district is also a senior VHP functionary. (Significantly, the public prosecutor in Mehsana district, Dilip Trivedi, is also the VHP’s district chief. Moreover, the district magistrate/collector, Amrut Patel is a close relative of Shri Narayan Laloo Patel, a BJP minister and one of the prime accused for leading attacks in the district).

Over the last 5 years more than 8,000 VHP workers have been inducted into the state Home Guards, with many district chiefs being VHP office–bearers. The Home Guard’s position is a critical one for the maintenance of law and order in rural areas. Through massive infiltration over the past four years, the BJP and its rabid wings have virtually taken control of the Home Guards machinery.

The intense insecurity felt by Muslims in Gujarat is borne out by the fact that even Muslim policemen are/were afraid to put name tags on their uniforms and had sought special permission to be on duty without their name tags. Special IG, Shri AI Saiyed, with over 25 years of service, was asked to help a group on his way to Karai in Gandhinagar district. When Shri Saiyed tried to help the hapless people, he was himself attacked when the mob saw his name.

The height of the ‘fear and favour’ policy of the current political dispensation is borne out by CM Modi’s treatment of senior officials. On September 18, the Gujarat state intelligence bureau chief and his two deputies were summarily transferred on punishment postings because Star News gained access to police tapes on Shri Modi’s shocking anti–Muslim remarks made at Bahucharaji near Mehsana on September 9.

The Tribunal is of the view that a significant section of the Gujarat police is guilty of gross dereliction of duty and of flouting the Indian Constitution and Indian criminal law. Therefore, all the individual policemen named by the Tribunal in the list of accused must be promptly prosecuted.

Legal Remedies
Sections 107–110 and sections 143–152 of the Criminal Procedure Code (CrPC) give adequate preventive and punitive powers and deem it the duty of district magistrates and police chiefs to prevent breach of peace and ensure the rule of law. And the All India Service Rules (1969) provides for the punishment of errant IAS and IPS officials.

Apart from violating Indian penal and constitutional law, dereliction of duty is a clear violation of the ‘All India Services (Discipline and Appeal) Rules, 1969, Part III – Penalties and Disciplinary Authorities’. Under these rules, there already exist provisions for the dismissal from service of IAS and IPS officials guilty of “any act or omission which renders him liable to any penalty specified in rule 6.”

Communalisation of bureaucracy
The Tribunal has received substantial evidence of the deep communal-isation of the state bureaucracy. Collectors and deputy collectors are appointed on the basis of political expediency. Again, in these posts they do not perform their constitutional duty. They have in fact been subverting basic rights guaranteed through the Indian Constitution and to which they are sworn, whether in the matter of relief and rehabilitation or compensation claims or law and order.

The Tribunal, for instance, received specific complaints about three deputy collectors from Naroda, Rakhial and Ahmedabad city who have not only served more than their four–year term but are patronised by BJP MLA Sushri Maya Kotdani who is directly indicted in killings and massacres and Naroda Gaon and Naroda Patiya. Their names are Shri Manoj Macwana (deputy collector, Rakhial), Shri Manoj Patariya (deputy collector, Naroda) and Shri Gaurav Prajapati (deputy collector, Ahmedabad). Besides this, many DMs/collectors have been indicted in specific cases as in Bharuch and Ahmedabad city and their names have been included in the List of Accused with a strong recommendation from this Tribunal that they be swiftly prosecuted and punished.        

Archived from Communalism Combat, November-December 2002  Year 9  No. 81-82, State Complicity, Police Misbehaviour                                         

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Accused, Policemen and Bureaucrats as Recounted by Witnesses, Concerned Citizens Tribunal, Gujarat 2002 https://sabrangindia.in/accused-policemen-and-bureaucrats-recounted-witnesses-concerned-citizens-tribunal-gujarat/ Sat, 30 Nov 2002 18:30:00 +0000 http://localhost/sabrangv4/2002/11/30/accused-policemen-and-bureaucrats-recounted-witnesses-concerned-citizens-tribunal-gujarat/ Archived from Communalism Combat, November-December 2002 Year 9  No. 81-82, The Accused, Policemen & Bureaucrats

The post Accused, Policemen and Bureaucrats as Recounted by Witnesses, Concerned Citizens Tribunal, Gujarat 2002 appeared first on SabrangIndia.

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Archived from Communalism Combat, November-December 2002 Year 9  No. 81-82, The Accused, Policemen & Bureaucrats

The post Accused, Policemen and Bureaucrats as Recounted by Witnesses, Concerned Citizens Tribunal, Gujarat 2002 appeared first on SabrangIndia.

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