Dear Narendrabhai
Why do you have to undertake this “Sadbhavna Mission” by observing three days “upvaas”?? No other Chief Minister of the 26 States in India has to do such a “prayaschit” to earn sadbhavna! Have you finally realized after about a decade that all the so called “developmental” publicity cannot earn you the faith, respect and love of the people?
You are quite good at story telling. Do you remember the story of king Midas? Whatever he touched turned into gold. Your supporters say you have the Midas touch of turning Gujarat into Swarnim Gujarat. But do you remember that despite all his power, Midas thirsted for just a glass of water, like you are thirsting for the love and respect of the victims of the 2002 riots? No amount of power or arrogance gave Midas his glass of water nor will you get your sadbhavana with all your developmental publicity!
You say all your critics are liars! Is it a lie that in the months of February and March 2002, over a thousand helpless men, women and children were butchered all over Gujarat with your police watching the mobs looting and killing?? Is it a lie that you were the Chief Minister of Gujarat at that time? If you were so great a Chief Minister as you claim today, why couldn’t you protect these innocent, helpless Muslims?? In fact, why did you fail to protect the innocent 58 passengers of Sabarmati Express who also died in the terrible fire on 27th February, 2002??
You say that you are not guilty of the mass murders of those days! If you are not guilty then tell us who are guilty? Tell us why your police failed to prosecute them because of which Supreme Court had to appoint SIT? Tell us why even after SIT was appointed, all those who were arrested including Mayaben Kodnani and Jaydeep Patel are roaming freely in this State? Tell us why POTA was applied to only Muslim accused? Tell us why the muslim accused were not granted bail and most of them have been convicted and even sentenced to death! Tell us why the accused of the Naroda Patiya or Gulberg massacre have not been convicted till today??
Tell us why the blame of the Haren Pandya murder was falsely put on the muslim boys who had to suffer 8 years in jail till they were acquitted by the high court?
Tell us why Sameer Khan Pathan, Sadiq Jamal, Ishrat Jahan, Sohrabuddin, Kausar, Tulsi Prajapati and several others were murdered in fake encounters and in every FIR it was alleged that they were intending to kill you? Did you ever investigate why every FIR made such an allegation regarding you? If such an allegation was false, did you take any action against the police officers who killed them? Or did you give them promotions??
Are you celebrating the pain of the victims or are you trying to confuse the people by organizing the five-star programme to give an impression that the cases against you have been closed?
Narendrabhai, you may turn Gujarat into a heaven for a handful of rich and powerful. But have you ever peeped into the hell through which we the victims and community as a whole is going through? No, you have not and we know, you have no desire or intention to give us Justice. We therefore dismiss your “Sadbhavana Mission” as just another publicity stunt.
On our part, we declare that we have no ill feeling towards our Hindu brothers and sisters despite our terrible loss and sufferings. We are both the victims of powerful political forces whose strength lies in our division. We alone can create “Sadbhavana” by uniting and defeating the forces of fraud and deception for vote politics. You may be doing all this for your great ambition to become PM of the country, but we have only one small demand- WE WANT JUSTICE.
Your riot victim citizens.
Jan Sangharsh Manch
September 18, 2011
It says ‘Not found’ when you click on the link you’ve given. Can the letter be accessed in some other way?
Well said Mukul. This sadbhavna stunt is just a facade. The inside of Modi is apparent through his instant reactions to events. For example when the SIT Order came, his immediate reaction was to tweet “God is Great”. Why? Because having won against Muslim victims, or at least that is what he thinks, he had to mock them with the equivalent of Allahu Akbar. If he truly had sadbhavna on his mind, he would have taken a little higher road at this perceived win, such as: “I am humbled”, “Let us come together”, “Justice is possible”,… instead of such divisive rhetoric, which he is well known for. Remember his “every action has a reaction”, “ham do hamare paanch”, “Babur ki aulaad”,….! This is a guy who can not change. It is easy to pretend what you are not than to hide what you really are.
Mukul ji we salute your effort and value based approach… keep it up….
We are with you Kaku.
Sir, the link is broken. Unable to view. Plz repost again.
I think this is the letter. i found it here. Incase it is not, please repost the correct link.
http://ibnlive.in.com/news/open-letter-to-narendra-modi-from-riot-victims/185340-53.html
Sir,
Ex- Supreme Court Judge U.C. Banerjee Commission report on the burning of the S-6 Coach of Sabarmati Express has not seen the light of the day. The truth has not come out yet as some Petitions are pending in the High Court of Gujarat even today. There is ban on presenting it before the Parliament. Is the restriction has not vitiated the trial before the lower court ? According to General Clauses Act when there are two commissions and finding differes, the Central Government Commission’s finding would prevail…
Your Supporters for the noble cause are requested to sign the petition posted at url : :http://www.thepetitionsite.com/1/india-and-international-criminal-court/
Hon’ble Chair Person
National Commission for Minorities
New Delhi
Sub:- Complaint regarding deprivation of rights and safeguards of the thousands of Muslim Minority in Gujarat and request to kindly take up this matter under section 9 (i) (d) of National Commission for Minority Act with the appropriate authorities.
Hon’ble Sir
The following petition has been sent by me on 21/9/2011 to Chief Justices of India and Gujarat.
Kindly take up this matter under section 9 (i) (d) of National Commission for Minority Act, with appropriate authorities including with National Human Rights Commission and Gujarat State Human Rights Commission for intervention in judicial proceedings (related to Gujarat riots 2002) so that cases under category (1) & (2) of the following petition to Hon’ble Chief Justice of India and Hon’ble Chief Justice of Gujarat, may get justice without further delay and also justice is done to thousands of Muslim victims of Gujarat riots 2002 (including refugees)
Your Honor’s truly
Hem Raj Jain
***********************
Hon’ble Chief Justice of India
Hon’ble Chief Justice of Gujarat
Sub:- Petition
Ref:- Indian Higher Judiciary has not risen to occasion in matters related to Gujarat riots 2002
Hon’ble Sir
The ultimate fate of cases pertaining to victims (including refugees) of Gujarat riots 2002 has huge implications for the law & order problems, criminal jurisprudence and for the secured lives and livelihood of citizens / residents of the entire country. Hence the petitioner prays for commensurate attention of Your Honor.
Kindly refer to my earlier email pursuant to which I have come from Bangaluru to Surat on 20/9/2011 and then will go to Ahmedabad where I will be trying to get two Writ Petitions (PIL) filed in High Court Ahmedabad, by the victims of Gujarat riots 2002 (which can be initiated suo-motto also by Higher Judiciary), regarding matters related to following categories (1) & (2).
I submit most humbly and with full faith in judiciary and judicial system that the said has become necessary because Indian Higher Judiciary (Hon’ble Supreme Court and Hon’ble Gujarat High Court) has not risen to occasion in matters related to Gujarat riots 2002. To make the matters difficult, the other members of Judicial Community (Advocates associated with the endeavor for getting justice for the victims of Gujarat riots 2002) have also not assisted the judiciary in a legally expected & proper way, which is evident from the following:-
The entire matter of justice for the victims of Gujarat riots 2002 can broadly be divided in following three categories based on the fundamental distinction that in category (1) & (2), no evidence is needed form the victims of these riots and Higher Judiciary of its own should have imparted justice long back, based upon government records only.
Whereas evidence is needed from the victims for the category (3) only, where Higher (subordinate) Judiciary is dependent on the evidences from the victims in various cases pending in courts and where I have no complaint against Higher Judiciary:-
Category (1)- Events from 28/2/2002 to mainly 3/3/2002, concerning Gujarat Government :-
(i)- People in large numbers came on streets all over riot affected Gujarat due to call for State-wise Bandh (illegal, as in view of emotionally charged atmosphere due to Godhra incidence there was no permission from authorities of Gujarat for this State-wise Bandh) given by Vishwa Hindu Parishad (VHP) and supported by its traditional allies / associates like BJP, RSS, Bajrang Dal, Shiv Sena etc (since the days of Ayodhya Mandir / Masjid dispute related agitations since late 1980s, which culminated in Godhra train bogey fire tragedy of 27/2/2002 too and which was the reason given by VHP & associates for this Bandh). And the fall-out of this Bandh in which these thousands of Bandh observing people under the office bearers of VHP, BJP, RSS, Bajarang Dal, Shiv Sena etc. indulged in heinous crimes including crimes of murder, rape, assault, arson, loot, criminal trespass etc.
(ii)- Police of Gujarat (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates of areas were under legal obligation to arrest / get arrested these office bearers of VHP, BJP, RSS, Bajarang Dal, Shiv Sena etc. not only for carrying out illegal Bundh but, under section 34 and 120-B IPC, also for their complicity in / responsibility of heinous crimes of rioters, including crimes of murder, rape, assault, arson, loot, criminal trespass etc.
(iii)- But vice-president of vishwa hindu parishad (vhp) Acharya Giriraj Kishore could address press during riots [as is reported by entire media including by a prominent national news paper ‘The Times of India’ too as given below and which is still available on internet]. And office bearers of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc. could get away with it during these 2002 riots without getting arrested and prosecuted for these heinous crimes including crimes of murder, rape, assault, arson, loot, criminal trespass etc. :-
“[Violence result of natural outburst: VHP
TNN | Mar 1, 2002, 12.03AM IST
Ahmedabad: vice-president of vishwa hindu parishad (vhp) acharya giriraj kishore said that incidents occurred during 'gujarat bandh' on thursday was "natural outburst" over godhra massacre and result of "extreme anguish within people of gujarat." "but i appeal to vhp workers to maintain peace so that it would help in building ram temple at ayodhya," said acharya while addressing newsmen on thursday. commenting on the violent nature of 'gujarat bandh', he said that instead hindus exercised tolerance and contained themselves while reacting to godhra massacre. acharya was here at sola civil hospital on thursday to pay his last respects to the kar sevaks, who died in the tragic train incident at godhra on Wednesday]”.
(iv)- Higher judiciary does not need any evidence from the victims of Gujarat riots 2002 (A)- for prosecuting at-least these perpetrators (the office bearers of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc.) who committed these heinous crimes by their ‘acts of commission’ and (B)- for prosecuting public servants (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates – who by their ‘acts of omission’ allowed these rioters to commit these heinous crimes with impunity.
(v)- By this time Higher Judiciary ought to have ensured the sanction for the prosecution of these public servants (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates. But Higher Judiciary has not risen to occasion in this matter and things needs to be amended without any further delay.
(vi)- Here it is needless to say that once Higher Judiciary ensures the sanction for prosecution of said public servants and prosecution of all these criminal (who by their acts of omission and commission respectively, are responsible for these heinous crimes and are influential & powerful persons) then the entire out-come of the category (3) too would be immensely impacted in the interest of justice.
Category (2)- Events from 28/2/2002 to mainly 3/3/2002, concerning Central Government :-
(i)- The matter whether the police force needed for the dispersal of assembly under section 129 CrPC, was provided to Executive Magistrates by Gujarat Government adequately or not – even when it was possible hence deliction of duty – is already subjudice in Zakia case transferred by Hon’ble Supreme Court to trial court and in other cases. Hence it needs no comment. But here what is important is to go into provisions of section 130 and 131 of CrPC, which are related to use of armed forces to disperse such assembly / rioters and power of certain armed force officers to disperse this assembly / rioters, respectively.
(ii)- As per section 130 CrPc when such assembly cannot be dispersed by police force, then the Executive Magistrate is to get it dispersed by the armed forces. So when rioters could not be dispersed during 2002 riots by police force then concerned Executive Magistrates were legally expected to call armed forces to disperse the rioters. No body else (including Ministers or Chief Minister) is legally expected to call the armed forces. It is only Executive Magistrate who has to call the army in such scenario and while in office, he is under legal obligation to keep himself informed that from which nearest pace (and not from Delhi) he will get military for this purpose of dispersing such assembly / rioters. The calling of army by Chief Minister or by any other authority and that too from distant Delhi is against section 130 CrPC. The then Central Home Minister was legally expected to move the competent authority for the dismissal of the then Governor of Gujarat who tolerated such a colossal breakdown of rule of law where Executive Magistrates of various districts were not calling Army from nearest places to curb the rioting in Gujarat .
(iii)- But what is more legally objectionable is the act of omission of the then Prime Minister and Defense Ministers and their secretaries in Central Government which caused these heinous crimes of rioters. at such large scale. As per section 131 CrPC once military is in the area where rioting is going on then prior permission of / requisitioning by Executive Magistrate is not required. Army officers at site are legally expected to curb the rioting with the use of force, whatever force reasonably required, and by keeping Executive Magistrate informed to the extent possible.
(iv)- In a nutshell, once army is deputed in the rioting area then it is not the State Government but the Central Government (under whom Army is), which is primarily responsible for mobilizing adequate armed forces for effectively curbing the riots. Hence for this acts of omission, the Army officer in rioting areas (and their senior officers in command and control), the then Defense Minister, the then Home Minister and the then Prime Minister and their Secretaries of that time deserve to be prosecuted. The Higher Judiciary by this time ought to have ensured the sanction for this prosecution from competent authority, therefore things needs to be amended without any further delay.
Your Honor’s truly
Hem Raj Jain
(Petitioner)
Presently at – Surat (Gujarat)
Address: A-3, Mahavirdham, Shri Mahavirji (Raj)
Mo:- 08946917290
If NDA is no wrong, nothing is wrong in 2GScam. Truth still stranger than fiction has acquired the status of precedent in Gujarat. The truth of Ex- Supreme Court Justice U.C. Banerjee Commission Report ( popularly termed as ‘Godhra Kaand ‘ by the Government of Gujarat ) is loomed into the dark and has not seen the light of the day during NDA regime and no body knows when it will be tabled before the Parliament of India.