HIGH COURT ISSUES NOTICE IN MOTERA VIOLENCE CASE
In the case of the attack in Motera village by disciples (Sadhaks) of Asaram Bapu’s Ashram, the Gujarat High Court has issued notices to the state Home Secretary, Director General of Police and District Superintendent of Police to file their reply by August 22, 2008. Earlier, a Public Interest Litigation (PIL) filed by Jan Sangharsh Manch demanded the constitution of a Special Investigation Team to investigate the case. The division bench of the Gujarat High Court comprising acting Chief Justice Shri M.S. Shah and Justice J.C. Upadhyay issued the notices earlier this week.
In its petition, Jan Sangharsh Manch had challenged
1) The complete inaction of the police department to prevent and control violent attacks in Motera by the inmates of the AAsaram Bapu Ashram. The residents of Veljibhaino Kuvo and particularly, the residents of Ramakakani Chali, Jogmaya Nagar, Rabarivas of Village Motera were targeted in the attack.
(2) Refusal of the police to register any offence against the attackers and refusal to record any complaint of the victims. In fact, there was a complete refusal to investigate any of the grave offence committed by the disciples of AAsaram Bapu.
(3) Refusal by the authorities to take preventive action against the inmates of AAsaram Bapu’s Ashram at Motera to prevent recurrence of violent attacks.
Appearing on behalf of Jan Sangharsh Manch, advocates Mukul Sinha and S.H. Iyer said that the mysterious death of two children at Ashram Bapu’s Ashram at Motera on July 5, 2008 snowballed into a large scale protest and ultimately led to the call for “Gujarat Bandh” on July 18,2008.
An extravagant celebration was held at the Ashram of AAsaram Bapu on the occasion of Gurupurnima. Shri AAsaram Bapu addressed the gathering of thousands of disciples, followers and a large contingent of the media. Around 11.00 a.m. several trucks carrying over a thousand disciples armed with huge lathis, pipes, knives and sticks entered nearby localities, beat up the residents and ransacked their houses. They specifically targeted the area known as Veljibhai no Kuvo housing over ten thousand people. Even women and young children were not spared. Several media personnel, including Gopi Gagar, reporter of Aaj Tak, Kuldip Kaler, reporter of Divya Bhaskar, and the journalists and cameramen of Times Now and TV 9, were severely beaten and their equipment was destroyed.
In a specific incident, a group of around 200 armed Sadhaks broke the boundary wall of Ramakaka ni Chali. The Sadhaks climbed over rooftops, destroyed the asbestos roof, and wrecked the houses. A postman, Ranchodbhai, who had locked his house from inside to protect himself was pulled out by Sadhaks who broke through the roof and thrown from the top of the staircase.
In another incident, the Sadhaks snatched away an infant girl barely 18 months old from her mother, took her to the roof-top and hung her upside down. The Sadhaks abused the residents and said, “As you have alleged that AAsaram Bapu has sacrificed two children, we shall now sacrifice this child also after finding out whether it is a girl or a boy”. Fortunately, Mamtaben, a young woman, rushed to the roof and pulled the little girl away from the Sadhaks.
In yet another incident, a young woman, Kusumben, was molested and beaten by the Sadhaks. She was rushed in an emergency hospital van to Sheth Pukhraj Raichand General Hospital at Ramnagar, Sabarmati.
The Sadhaks had once again attacked them in the afternoon around 4.00 p.m. During both attacks, no policemen came to the rescue of the residents despite frequent SOS calls made to the police control room as well as the Adalaj Police Station. During the eveining attack, several police officers came from Adalaj police station to help the injured Sadhaks who were tasken to the hospital in the police jeep. However, they refused to record the complaints of the residents against the Sadhaks. The next day, the police visited the locality again but did not record any statement of the victiims.
Jan Sangharsh Manch contends that the police have abdicated their duty and thereby ,acted contrary to the constitutional mandate of protecting the life and liberty of the citizens under Article 21 of the Constitution of India.
Jan Sangharsh Manch has demanded that a Special Investigation Team (SIT) should be constituted to investigate the violent attacks by the Sadhaks of Asaram Bapu’s Ashram on residents of Veljibhaino Kuvo and Ramakakani Chali, and related offences including the attack on media personnel. The victimized residents should be compensated for their losses and damages to property.
Ahmedabad
Date : 14-8-2008
S.H. Iyer
Advocate
