2002 Gujarat Violence/2006 Revision - Role of Government and Police

Role of Government and Police

Sabarmati Express train was attacked within the premises of Godhra Railway Yard. At the time of attack, 14 policemen were on duty at Godhra Railway Yard. Railway Police Station is about 826 meters away from spot of attack. Three Railway Police Force Constables were the first responders. They fired 4 rounds from their .303 rifles to disperse the crowd. Firefighter Sureshgiri Mohangiri Gosai testified that Godhra Municipal Councilor Haji Bilal incited the mob to stop the fire engine. Thereupon some persons in the mob had thrown stones at the fire engine. He has further stated that while they were trying to extinguish the fire, stones were pelted on the train. The first response team of Godhra Police Mobile Van testified that Godhra Municipal President Mohamad Kalota and municipal councillor Haji Bilal were in the mob and they were inciting the Muslims.

The Gujarat state government was reprimanded immediately for failing to prevent the riots, but then increasingly for actively fomenting and participating in it, which was a far more serious charge. Critiques came repeatedly from the Supreme Court, and the upper house of the Indian parliament unanimously passed a resolution calling for federal intervention in Gujarat; a similar censure motion in the lower house was defeated by about 100 votes.

The United States Department of State in its International Religious Freedom Report 2003 commented on the episode, based on a report by USCIRF:

"India's National Human Rights Commission (NHRC), an official body, found evidence in the killings of premeditation by members of Hindu extremist groups; complicity by Gujarat state government officials; and police inaction in the midst of attacks. The NHRC also noted "widespread reports and allegations of well-organized persons, armed with mobile telephones and addresses, singling out certain homes and properties for death and destruction in certain districts-sometimes within view of police stations and personnel," suggesting the attacks may have been planned in advance."

In April 2002, retired supreme court justices V. R. Krishna Iyer and P. B. Sawant headed a citizen's panel to investigate the riots. Their report includes testimony of the then Gujarat Bharatiya Janata Party (BJP) minister Haren Pandya (since murdered), who testified about an evening meeting convened by Narendra Modi the evening of the Godhra train burning. At this meeting, officials were instructed not to obstruct the Hindu rage following the incident. The report also highlighted a second meeting, held in Lunawada village of Panchmahal district, attended by state ministers Ashok Bhatt, and Prabhatsinh Chauhan, and other BJP and RSS leaders, where "detailed plans were made on the use of kerosene and petrol for arson and other methods of killing."

The Jamiat Ulama-i-Hind claimed in 2002 that some regional Congress workers collaborated with the perpetrators of the violence.

In 2003, A comment by G.T. Nanavati, who leads the official commission investigating the riots, that part of the evidence collected and reviewed till then did not indicate any serious lapse on the part of the government or police in Gujarat was criticised as inappropriate by aid and reconciliation activists and other jurists.

Organizations such as Human Rights Watch criticised the Indian government for failure to address the resulting humanitarian condition of people, the "overwhelming majority of them Muslim," who fled their homes for relief camps in the aftermath of the events; as well as the Gujarat state administration for engaging in a cover-up of the state's role in the massacres. Many of the investigations and prosecution of those accused of violence during the riots have been opened for reinvestigation and prosecution. The large-scale civil unrest has been generally been described as riots or inter-communal clashes.

In response to allegations of state involvement, Gujarat government spokesman, Bharat Pandya, told the BBC that the rioting was a spontaneous Hindu backlash fuelled by widespread anger against Muslims. He said "Hindus are frustrated over the role of Muslims in the on-going violence in Indian-administered Kashmir and other parts of India".

The US Ambassador at Large for International Religious Freedom, John Hanford, expressing concern over religious intolerance in Indian politics, said that while the rioters may have been aided by state and local officials, he did not believe that the BJP-led central government was involved in inciting the riots.

At the same time, about two hundred policemen lost their lives trying to control the violence in Gujarat.

In April 2012, a Special Investigation Team found absolved Modi of any involvement in the Gulberg massacre, arguably the worst episode of the riots.The Special Investigation Team (SIT) report on the riots exonerated Modi of all charges.

In his report, Mr. Raju Ramachandran the amicus curiae for the case, strongly disagreed with a key conclusion of the R.K. Raghavan-led SIT: that IPS officer Sanjiv Bhatt was not present at a late-night meeting of top Gujarat cops held at the Chief Minister's residence in the wake of the 27 February 2002 Godhra carnage. It has been Mr. Bhatt's claim — made in an affidavit before the apex court and in statements to the SIT and the amicus — that he was present at the meeting where Mr. Modi allegedly said Hindus must be allowed to carry out retaliatory violence against Muslims. Raju Ramachandran was of the opinion that Mr Modi could be prosecuted for alleged statements he had made. Mr. Ramachandran said there was no clinching material available in the pre-trial stage to disbelieve Mr. Bhatt, whose claim could be tested only in court. “Hence, it cannot be said, at this stage, that Shri Bhatt should be disbelieved and no further proceedings should be taken against Shri Modi.”