Earlier, Mukul Sinha, lawyer for Sadik’s brother Shabbir, in his argument read an FIR and other primary documents related to the case. But the hearing was adjourned due to paucity of time.

Earlier petitioner Shabbir had moved a plea seeking speedy hearing of thepetition seeking CBI probe in the case. The petition raised doubts against DG Vanzara, who is lodged in Sabarmati jail, in connection with the Sohrabuddin encounter, and PP Pandey, then joint commissioner of police of DCB.

Sadik was killed in an encounter with cops of the crime branch on January 13, 2003 in Naroda area. The cops claimed that Jamal was on a mission to kill Narendra Modi, LK Advani and other BJP leaders.

Shabbir submitted in the petition that the story was concocted by DG Vanzara and PP Pandey. He further submitted that Sadik was actually in the custody of Pandey and Vanzara at Bungalow No.15 which was the DCB office in Shahibaug from January 3 to 13, 2003.

Source: DNA

NANAVATI COMMISSION DIRECTS OFFICERS OF CHIEF MINISTER’S OFFICE TO FILE AFFIDAVIT STATING THEIR TELEPHONIC TALKS BUT DECLINES TO ISSUE SUMMONS TO CHIEF MINISTER

After about two years of Jan Sangharsh Manch making application requesting the Commission to issue summons to seven persons including the Chief Minister Shri Narendra Modi for the purpose if enquiring into the role and conduct of the Chief Minister and/or any other minister in his council of ministers, police officers and political and non-political organizations in the Godhra and Post-Godhra incidents which took place between 27-2-2002 and 31-5-2002, the Enquiry Commission headed by Mr. Justice G.T. Nanavati passed order on 18-9-2009 as under:

1. The Secretary to the Commission is directed to write to Shri Omprakash Singh, who was the then PA to the Chief Minister to submit an affidavit to the Commission stating therein (a) whether the mobile number 9825000836 was registered in his name or otherwise belonged to him, (b) whether he had any telephonic talk with Shri Ashok Bhatt or Shri Gordhan Zadafia on 27-2-2002 and (c) if he had a talk with either of them, what was the nature of that talk.
2. The Secretary is directed to write to Shri Tanmay Mehta, who was the then PA to the Chief Minister to submit an affidavit to the Commission stating therein (a) whether the mobile number 9825000837 was registered in his name or otherwise belonged to him, (b) whether he had any telephonic talk with Shri Jaydeep Patel on 28-2-2002 and 1-3-2002 and (c) if he had a talk with him, what was the nature of that talk.
3. The Secretary is directed to write to Shri Sanjay Bhavsar, who was then the PA to the Chief Minister to submit an affidavit to this Commission stating therein (a) whether the mobile number 9825037432 was registered in his name or otherwise belonged to him, (b) whether he had any telephonic talk with Shri Jaydeep Patel on 27-2-2002, 28-2-2002 and 1-3-2002 and (c) if he had a talk with him, what was the nature of that talk.

The above order was passed by the Commission while declining to issue summons to the Chief Minister Shri Narendra Modi as well as to Shri Ashok Bhatt, the then Health Minister, Shri Gordhan Zadafia, the then Home Minister, Shri R.J. Sawani, the then D.C.P, Zone V of Ahmedabad.

The Jan Sangharsh Manch has decided to challenge the order of the Commission before the High court of Gujarat to the extent where the commission had declined to issue summons to the Chief Minister. The JSM is of the view that after the government itself had amended the terms of reference for enquiring into the role and conduct of the Chief Minister and/or any other minister in his council of ministers, police officers and political and non-political organizations in the Godhra and Post-Godhra incidents which took place between 27-2-2002 and 31-5-2002, it was absolutely necessary to summon the chief Minister and other ministers and examine them, otherwise the entire amended terms of reference would get nullified.

Ahmedabad Dr. Mukul Sinha

Date : 19-9-2009 Advocate for JSM

Press Release

17th April, Ahmedabad

The “Radio-active Nuclear deal” takes toll of the Right and the Left

While the NSM welcomed the wisdom of the Indian Voters to keep out the NDA combination out of the central power, NSM was of the opinion that the Big business of India has now got an unbridled access to the corridors of power under the proposed Government headed by Manmonhan Singh minus the “left forces”.

The results of the 15th Lok Sabha General election quite obviously reflect the decimation of those forces which had opposed the nuclear deal. The unflinching opposition of the left parties  to the deal, though correct from the point of view of foreign policy, had jeopardized a multi-trillion dollar commercial deal that would not only bail out the American economy but would also make the Indian counterparts super rich,  had in fact sealed the fate of the left parties. The unclear opposition of the BJP to the nuclear deal had also sealed their fate! The parting of company between the UPA and the left brought the Trinumul Congress to the side of the congress and rest is history.

The regional parties supported by the regional money bags have also lost some ground and though the Congress has fared better, neither the total vote share nor the total seat share of the two national parties put together have gone up very drastically.In 2004, BJP and Congress had 283 (145 + 138) seats together whereas in 2009, they have got 321(116 + 205) seats. The extra 38 seats gained by the two parties account for only 7% of the total seats. The change is therefore insignificant and 200 seats or so has remained in the kitty of the regional forces, though with faces changing; like BJD, JD(U), Trinumul etc replacing CPM, RJD, LJP etc. The regional parties will continue to call the shots till the economic development of the regions improves.

Lastly, the Congress has totally failed to make any dent in the states where BJP holds the sway, like, Gujarat, Chattisgarh, Karnataka, Madhya Pradesh, Jharkhand etc. Rajasthan was essentially an exception as it was preceded by the state election very recently. It should be noticed that out of the  67 seats gained by Congress, only 29 seats can come from BJP that they lost this time; therefore the other 38 seats Congress has gained is from their own UPA allies and the left parties! So much for their anti-communal struggle!

Finally, the contest of Mallika Sarabhai in the Gandhinagar constituency with the help of left and democratic forces was marred to a large extent by the communal politics of BJP and the casteist policy of Congress which tried to garner the Patel votes. Money power ofcourse played the decisive role. Be that as it may, the struggle for an alternative politics will continue with renewed vigor.

Mukul Sinha

Chairman

Dated: 16.3.2009

Press Release

Unity of the Left and Democratic force:

The only alternative for the oppressed people of Gujarat.

The 15th loksabha election to be held in April/May 2009 appears to be turning into a fight between the “national parties” like INC and BJP on one hand and the regional parties on the other hand. This apparent conflict reflects the contradiction between the big bourgeoisie who want to control the centre and wield their power across the country and the newly emerging regional business inetersts.

Unlike the east coast States, where the regional political parties wield power, the politics in the States in the western India, like Maharashtra and Gujarat is dominated by the “national parties” like INC or BJP. In this conflict between the regional business and big industrial houses, where do the working people, poor farmers, adivasis and the minorities go? In the States where the regional parties have roots, the marginalized classes ordinarily end up supporting the regional parties hoping to get some mileage out of the contradiction between the State and the Centre. In this process, the regional party also gets strengthened.

The situation however becomes very difficult for the marginalized classes where the State politics is dominated by either INC or BJP. In absence of any alternative political force, the marginal classes drift listlessly responding to emotive propagandas of the ruling classes. Gujarat is typically one such State where the working people could be completely divided in communal lines and made to hate and kill each other. The result is there for all to see. Gujarat has become a State where the entire administration  and law bend backwards to accommodate the rich at the cost of the poor.

Under these circumstances, the working people, poor farmers, adivasis and minorities and even small business have to chart out their own path and create their own political basis to defend their interest. The big business will never allow any regional party from another State to get their roots in the soil of Gujarat.  The only political forces that can undertake this task in this era of Globalization are the left and democratic forces.

On 17th March, 2009 therefore, several organizations like New Socialist Movement, Lok Sangharsh Morchawould be holding a joint rally to declare their intention to forge a long term unity to represent the interests of the marginalized classes.

Ambrish Rai

President, LSM

Mukul Sinha                                                                                                                

Chairman, NSM                                                                                                  

THE LEFT AND DEMOCRATIC FORCES DECLARE THEIR RESOLVE

TO

UNITE ALL THE EXPLOITED AND OPPRESSED CLASSES!

EXPOSE THE CONSPIRACY OF THE RULING CLASSES!

SMASH THE SYSTEM OF OPRESSION!!

                  The Last two decades have been the most treacherous and confusing period for the exploited and oppressed classes of Gujarat. They have been listlessly tossing around in the waves of propaganda carried out by the ruling classes and their representative political parties.

              In their competition to establish which one is the better representative of the ruling classes, BJP and Congress have been luring and conning the oppressed and exploited classes with various deceptive and misleading slogans in order to create their respective vote banks. The last decade has been perhaps the worst period of night mare for the exploited classes. Divided into communal lines, they have been totally disarmed, allowing a free run for the exploiting classes!

              Two sharply conflicting propagandas had been carried to mislead the people of Gujarat. Firstly, the highly political propaganda that started with the Godhra incident on 27thFeb. 2002 painting the Muslim community as “terrorist supporters” resulting in the genocidal attack on the minorities “to teach them a lesson”. This tactics was adopted to establish that BJP was the only party that could protect the majority community! The second propaganda  is that “massive” investments that have allegedly started pouring into Gujarat due to the “Global investors summit” that has led to the economic development of Gujarat in leaps and bounds since 2005!

              The Judgment of the Gujarat High Court holding that there was no terrorist conspiracy in the Godhra incident and that POTA was wrongly applied to the case, establishes the lie that Government of Gujarat had adopted to communally divide the people. The involvement of Mayaben Kodnanai, the present Minister as well as Jaideep Patel in the Naroda Gam and Naroda Patiya killing also proves that the State machinery was fully involved in the post Godhra killings.

              So far as the so called economic development of Gujarat is concerned, the pathetic conditions of lacs of Diamond workers who have lost their jobs in the past one year, the hundreds of suicide cases both amongst hapless farmers and urban poor, the non-payment of even minimum wages to millions of workers, prove only one point- the so called development claimed by the present Government is destroying the millions of poor people in Gujarat. May be Tata would be happy since he was not only given the land but also 30,000 crores of loan to make Nano! May be Anil and Mukesh Ambani and Adanis would be happy as they have got their SEZs, where  they can make billions without paying any tax or follow any labor law. They also grab the land at the cheapest rates, May be some foreign investors may also be happy since in Gujarat they can exploit the cheap labor and grab hectares of land from poor peasants, adivasis etc.  In this era of Globalization, the present BJP Government has become a direct agent for the rich and the Congress is equally their partner.

              When the entire Government machinery, the ruling and the opposition parties have all surrendered to the interest of the big capitalists of both India and abroad, it will be the duty of the left and democratic forces to form an alternative political force to advance the cause of the workers, adivasis, farmers and small business. All anti-globalization, secular forces must therefore come together to uphold the interest of the vast majority of the population who are suffering from the total betrayal by the existing parties.

              Today, in this vast rally of workers, adivasis, minorities, farmers and other affected classes, we declare our resolve to forge out a new alliance of the suffering people, by the suffering people and for the suffering people! This alliance is not just for any electoral purpose but for a sustained struggle of the oppressed.

Jointly released by New Socialist Movement, Lok Sangharsh Morcha, CPI, SUCI, Movement for Secular Democracy, Bharatiya Muslim Mahila Andolan, ……

Press Release

The Trials and Tribulations of the Past Seven Years

          Seven Years back, on 27th February,around 8.30am in the morning, Mohamad Hussein Kalota , the then President of the Godhra Municipality was preparing to go to Gandhinagar to  discuss with the Government about some problems of his Municipality. He received a telephone call from Godhra Police to go to the Godhra Station as there was some communal problem. Kalota and his councilor Haji Bilal rushed to the Station and met the Godhra DSP Raju Bharghav. S6 coach of Sabarmati Express was on fire and Haji Bilal did everything to get water from a nearby well to douse the fire as the fire brigade tankers had run out of water. But Bharghav told them to go away as the passengers were getting agitated in seeing two Muslims there….

           Seven years later, we find Kalota and Haji Bilal still behind the bars with 78 more Muslims who are amongst the 116 persons arrested by Police under POTA for carrying out a “Preplanned Terrorist act” that was allegedly hatched by the accused to kill 59 karsevaks! Till now, 13 accused have been discharged, 19 released on bail and 4 are dead.

           Seven years later, we now have the Division Bench of High Court confirm the decision of the Central Review Committee holding that there was no preplanned Terrorist Conspiracy involved in the burning of the S6 coach and POTA could not have been invoked by the Police. The Supreme Court has refused to grant any stay order against this Judgment of Gujarat High Court.

           Seven Years back if the Chief Minister and his Police had not falsely invoked POTA in the Godhra incident and had not instigated the ordinary people of Gujarat by describing the Godhra incident as a preplanned terrorist attack of one community against the other, the genocide that followed from 28th would have never happened.

          Now that the truth of Godhra is finally emerging, time has come to appeal for a peace and amity between the two communities who are inseparable in this country. But peace and amity will be meaningful only if the guilty are brought to justice. Those who are responsible for subjecting the victims of the violence and also the people of Gujarat through such trials and tribulations and shaming the State must not go unpunished. To begin with therefore, the authorities and the Police officers who maliciously imposed POTA must be punished under section 58 of the POTA which reads as under:

“58. Punishment and compensation for malicious action.-(1) Any police officer who exercises powers corruptly or maliciously, knowing that there are no reasonable grounds for proceeding under this Act, shall be punishable with imprisonment which may extend to two years, or with fine, or with both.”

Shri Noel Pamar and his supervising Officers who imposed POTA therefore must be tried under section 58 of POTA and in the meantime, the extension granted to the service of Shri Noel Parmar should be terminated.

         Seven Years later, the fresh reinvestigation by SIT is also throwing up several names who were allegedly involved with the violence that followed. Though SIT is yet to unravel the main conspiracy and the conspirators that had carried out the organized killings from 28th onwards, BJP MLAs, Corporators, VHP leaders, Police officers are getting arrested in the cases of Naroda Patiya, Gulberg, Naroda Gam etc. Once again some truth is emerging regarding the State sponsored violence that killed nearly a thousand people and over 200 went “missing”. After seven years, the figure of the people dead would go up since now there would a presumption of the those missing to be dead as they went missing due to the violence.

         From the above two developments in the past seven years, namely     (1) the false imposition of POTA in the Godhra case and (2) the involvement of the ruling party members and Police officers in the violence, a serious question would arise regarding the appointment of the Nanavati Commission. After seven years and expending of crores of tax payers money, has this commission brought out the truth? Till now, in the Part-I report, Godhra has been described as a preplanned terrorist conspiracy and the Chief Minister has been given a clean chit in Paragraph 229!Both these conclusions directly contradict the Gujarat High Court Judgment and the SITs findings! As the Commission has thus lost its efficacy, we demand its immediate scrapping.

        At the end of the seventh year therefore, we do see some light at the end of the tunnel. The appointment of SIT by the Supreme Court has given rise to hopes amongst all and the Chairman Shri Raghavan has an onerous task ahead of him. Truth and Justice can bring peace and SIT has to unravel the actual conspiracy that resulted in the mass killing. Faster this truth comes out the quicker we can get out of this suffocating tunnel that started with Godhra. We appeal to Shri Raghavan to take appropriate permission of the Apex Court to induct upright officers like Rahul Sharma in the SIT who had furnished the mobile phone call data that has resulted in the identification of the culprits. This would speed up the investigations and end the agony!

Mukul Sinha

Chairman, JSM

JANSANGHARSH MANCH

104, Maharanapratap Centre, Near Ellisbridge Post Office, Ahmedabad- 380006. Phone: 6577280; 2139726.

Dated:12th Feb, 2009

NO TERRORIST CONSPIRACY IN THE GODHRA CASE

GUJARAT  HIGH COURT UPHOLDS THE OPINION OF THE POTA REVIEW COMMITTEE

              In a historical judgment, the Division Bench of Gujarat High Court upheld the decision of the POTA review Committee that had earlier held that was no element of terrorist conspiracy in the Godhra train burning case.

              The Division  of the High Court consisting of Justice Bhagwati Prasad and Justice Bankim Mehta held that the POTA review committee had not committed any jurisdictional error in arriving at its decision which was based on legal evidence.

              The judgment of the High Court comes as a great relief for the minority community which has been deeply hurt by the allegation of the Government led by Narendra Modi alleging that the Muslims of Godhra had planned and conspired to kill the karsevaks.

              Jan Sangharsh Manch had presented volumes of evidence before the Nanavati Commission to establish that the Conspiracy theory of Police was totally false. Unfortunately however, the Nanvati Commission had opined that the Godhra train burning was the result of e Muslim Conspiracy by relying on the evidence furnished by the police. The High Court Judgment would now wholly negate the findings of the Nanavati Commission on the rain burning issue and put to an end the controversy on this issue.

Mukul Sinha

On behalf Jan Sangharsh Manch