JSM seeks investigation whether there was a high level conspiracy to carry out the massacre in Ahmedabad

A delegation of Jan Sangharsh Manch consisting of Dr.Mukul Sinha, Shri S.H. Iyer and Shri Shamshad Pathan met Shri R.K. Raghavan, Chairman of the Special Investigation Team (SIT) constituted by the Supreme Court and submitted an application for further investigation into the larger conspiracy under section 120-B of the Indian Penal Code to carry out the massacre at Naroda Patia and Naroda Gam on 28-2-2002 and for further investigation into the role of  top police officers including Shri P.C. Pandey, Shri M.K. Tandon, Shri P.B. Gondia and Shri K.K. Mysorewala. In the said application, the JSM requested for a complete analysis and proper investigation into the telephone call records submitted by Shri Rahul Sharma to SIT.

In the application filed by a victim Shri Dildar Umrav Saiyed and Shri Amrish Patel on behalf of Jan Sangharsh Manch before SIT under section 173(8) of the Code of Criminal Procedure, the JSM contended that the Investigating Officer of Naroda Patia case had not made proper analysis of the phone call records submitted by Shri Rahul Sharma which had led to a very large number of politicians and police officers at high places to escape arrest including the then Home Minister Shri Gordhan Zadaphia, as well as the officers of the Chief Minister’s Office which show several phone contacts of these persons with the accused of Naroda Patiya case during and after 28-2-2002. A chart showing the call details of all such persons was also produced. From this disclosure, further analysis shows that the police officers like Shri K.K. Mysorewala as well as Shri Gordhan Zadaphia were in constant touch with some of the accused including Shri Bipin Panchal, Shri Jaydeep Patel, Dr. Mayaben Kodnani, Shri Ashok Patel etc. on and after 28-2-2002. This piece of evidence along with the extra judicial confession of Shri Babu Bajrangi before the reporter of Tehelka magazine wherein he had confessed that he had informed Shri Zadaphia about the massacre at Naroda Patia on 28-2-2002 itself would point a finger of suspicion requiring further investigation which was not done by the Investigating Officer.

Similarly, the phone contacts between Chief Minister’s Office with Shri Jaydeep Patel on and after 28-2-2002 along with the fact that Shri Jaydeep Patel had brought the dead bodies of the Karsevaks from Godhra to Ahmedabad pursuant to the direction given by the Chief Minister himself would also necessitate further investigation by SIT to see whether they were involved with the massacre. On the analysis of the phone calls made on 28-2-2002, it was revealed that just when the mobs started gathering at Gulberg society, Shri M.K. Tandon and Shri P.B. Gondia, both these officers had moved away from Gulberg society giving free hand to the rioters. It appears that a phone call from Shri R.J. Sawani at   12.09 hours seem to have prompted Shri M.K. Tandon to move away from Gulberg society along with his striking force and therefore further analysis of Shri R..J. Sawani’s phone calls reveal that he was in constant touch with Shri Gordhan Zadaphia and Shri Jaydeep Patel. Whether all these calls were made for the purpose of any illegal act or not, would be revealed only by deeper investigation by SIT.

The JSM had therefore sought investigation from larger perspective to find out whether there was any larger criminal conspiracy hatched at a high level to carry out the massacre at Ahmedabad and other parts of Gujarat consequent to the burning of S-6 coach of Sabarmati Express on 27-2-2002.

Apart from submitting above application, JSM also lodged their complaint against the two Special Public Prosecutors appointed by SIT in Naroda Patiya as well as Naroda Gam case namely Shri Akhilesh Desai and Shri Nigam Shukla and requested the Chairman to change both the Special Public Prosecutors in the interest of justice. The JSM also lodged a complaint on behalf of Shri Dildar Umrav Saiyed, a witness-cum-victim of Naroda Patiya case who had complained about the police not giving him effective protection and intimidation by certain persons accused in Naroda Patiya case.