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Friday, March 11, 2011

Best Bakery Case

Best Bakery Case


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This case was filed to seek redressal for the torching of fourteen persons in the Best Bakery Building in Vadodara, Gujarat, on the night of March 01, 2002. The attack coincided with the India-wide bandh called for by the Sangh Parivar and endorsed by Modi and the Gujarat Government. In 2003, India's high court dismissed a case against 21 people accused of burning 14 Muslims to death at Best Bakery. All 21 of the accused were acquitted due to lack of evidence by the Trial Court, as key eyewitnesses recanted or turned hostile due to coercion, manipulation, and threat of reprisal – reversing their statements, refusing to speak (or were refused the opportunity to speak), or appear in court, or were absent during court processes determining competency and reliability. The National Human Rights Commission contested the acquittal of the named assailants and called for an investigative cell that would inquire into the actions of the state’s high-ranking officials.

The NHRC filed a Special Leave Petition (SLP) in the Supreme Court, appealing to change the venue of the case, on the grounds that a free and fair, and impartial trial was not possible in Gujarat, and that witnesses for the prosecution were being systematically intimidated by those affiliated with the Sangh Parivar. Modi contested the appeal. The NHRC also advocated the need for witness protection. Following the changes in testimony pronounced by Zaheera Sheik, who had experienced the trauma of her family’s murder and who was present for the Best Bakery ordeal, more than one-half (35 out of 60) of the witnesses for the Best Bakery trial shifted their positions and were, as a result, pronounced hostile.

Zaheera Sheik’s shift was hyper-visibilized in the media. Almost all these witnesses who turned hostile during the trial reported that the police had randomly selected them and forced them to sign on panchnamas (inquest reports). Based on evidence that the case could not proceed in Gujarat, on April 12, 2004, the Supreme Court transferred the Best Bakery case to Mumbai, in the state of Maharashtra. On February 09, 2005, the 43rd witness in the Best Bakery case, whose residence is within forty feet of the Best Bakery site, recanted his statements as eyewitness, and was subsequently declared hostile.[52] Following the demands of the NHRC, on February 21, 2005, the Supreme Court granted a three-month extension for its self-appointed high-level committee investigation into allegations and counter allegations of key witnesses and activists seeking to challenge the order of acquittal.[53]

Witnesses and survivors continue to be apprehensive of and endure threats of violence, in the absence of support, and psychological and social care. The Best Bakery case is not unique in how the Sangh Parivar or the Government of Gujarat has threatened witnesses and shaped what evidence may or may not be heard, and what circulates in the public imaginary.[54]

There is a new word, ‘compro’, short for compromised. Compro families have been coerced/agreed to drop charges against perpetrators of the massacre, in lieu of a promise of safe return to their homes and neighborhoods. Without viable options to gain justice through the judiciary, compromised families remain at risk, open to manipulation and intimidation from the dominant community.

Court Cases

Court Cases


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Numerous efforts by various human rights groups to seek justice for the victims of the post-Godhra violence and hold the perpetrators accountable have met with resistance and complete lack of support from the Gujarat Government. A Human Rights Watch report (2004) stated:

Although, the Gujarat government, responding to international outrage, initially boasted of thousands of arrests following the attacks, most of those arrested were acquitted, released on bail with no further action taken, or simply let go.”[50]

Under Narendra Modi's leadership, more than 2,000 of the 4,000 and more cases filed by the victims of the violence were never investigated or else were dismissed, leading the Supreme Court of India to rebuke both the Gujarat judiciary and the Gujarat State Government for its handling of the cases, and transfer several cases out of the state for trial. According to Human Rights Watch, many of the crimes of 2002 have not been reported or the evidence has been doctored to not implicate certain politicians, and the cases that reach Gujarat courts often face a judiciary filled with Sangh members and sympathizers.[51]

Of the cases filed, there are currently two civil suits against Narendra Modi for crimes against humanity and genocide. Some of the cases include: Dawood Case: Among those attacked by Hindu extremists in February-March of 2002 were four British nationals, Mohamed Aswat, Sakil Dawood, Saeed Dawood, and Imran Dawood, and an Indian national Yusef Palagar, as the vehicle they were traveling in was stopped by a well-organized road-block erected in close proximity to the local police station on a main highway leading into Gujarat. Targeted as Muslims, the group were stabbed and burned. Only Imran Dawood survived.

On April 30, 2004, the widows and relatives of the murdered British Muslims filed a Civil Suit in district court in Gujarat against Chief Minister Modi and the state government for crimes against humanity and genocide.

Gujarat: Continuing Violence

Gujarat: Continuing Violence

Relief and Rehabilitation


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Following the events of February 27-March 02, 2002, the Government of Gujarat was grossly and willfully negligent in providing necessary political support, security, relief, resettlement and rehabilitation measures to the victims. Initially, the compensation announced for the primarily Muslim victims was half of the amount declared for the Hindu victims of the Godhra train tragedy. Chief Minister Modi described those who died in S-6 as victims of “terrorist activities.” In response to the Sabrarmati Express fire, the Modi Government announced a compensation package of 200,000 rupees for each victim.

Modi described those who died in the anti-Muslim carnage following Godhra as victims of “communal violence.” The compensation package for these victims was 100,000 rupees. The inequity in the allocated compensatory amounts, based on religious affiliation for all intents and purposes, violated "provisions of the Constitution contained in Articles 14 and 15, dealing respectively with equality before the law and equal protection of the laws within the territory of India, and the prohibition of discrimination on grounds of religion, race, caste, sex or place of birth."[45] The compensation packages were later lowered to a single sum of 100,000 rupees for all victims after intense public protests dissenting the decisions of the Government of Gujarat.

However, most victims and survivors have had enormous difficulty in claiming even this amount of compensation, with some being paid as little as 500 to a few thousand rupees.[46] Relief camps were assembled, marshaled mostly by citizens groups, and not by state relief agencies. At a public function on September 09, 2002, Chief Minister Narendra Modi stated: "Do we go and run relief camps? Should we open child producing centers?… those who are multiplying population at a rapid rate will need to learn a lesson."[47]

The Gujarat Government, acting under the orders of Narendra Modi, ordered that all relief camps be shut down as of October 30, 2002, leaving the 200,000 internally displaced vulnerable and without resettlement and rehabilitation. Relief camps set up to house the thousands of displaced Muslims were run largely by Muslim and other citizens groups. The camps received little support or aid from the state, and were constantly harassed and threatened with closure even as the victims residing there had been displaced and had nowhere to go. Moreover, it was reported that: "the few camps in Ahmedabad which are hosting [displaced] Hindus are visited more frequently by government authorities and receive more regular rations."[48]

After the closure of the camps, many survivors fled Gujarat to stay with family in neighboring states rather than return to their villages to face further violence, a process that has led to progressive ghettoization of the Muslim community in cities like Ahmedabad and Baroda. Others, only after agreeing to abandon their cases, returned fearfully to broken homes and often to neighbors who had committed or supported atrocities against them. Economic boycotts of Muslim shops and employees continue to the present day, compounding the trauma and constraining the right to life and livelihood.

In addition to the emotional and psychological trauma of the loss of life and the violations of family, dignity, and body, everyday struggles also continue to strain daily life. Muslim youth are discriminated against and denied access to good schools, and teenage boys in particular are vulnerable to police-led search operations and POTA detentions. Testimonies of displacement of Muslims are accompanied by stories of Hindu businesses or individuals who take over spaces and jobs vacated by their former neighbors.

Freedom of mobility, especially for women of the Muslim community, has been greatly reduced as the failures of justice have produced a sense of impunity, sanctioning further acts of violence. Hindus who befriend or support Muslims are targeted and ostracized. False cases have been registered against them, and Hindu women married to Muslim men have been singled out for brutal torture and death.[49]

The Sangh Parivar: Narendra Modi’s Inspiration

The Sangh Parivar: Narendra Modi’s Inspiration

Narendra Modi was nominated (and not elected) to his first public post in 2001, after the resignation of Keshubhai Patel, the Chief Minister of Gujarat. Modi was not part of electoral politics and participated in his first election in 2002, after becoming the Chief Minister. He held the position of general secretary of the Gujarat BJP unit, and was appointed chief minister based on his reputation and success as an organizer.

Narendra Modi

Photo: BBC

Modi has been affiliated with the Rashtriya Swayamsevak Sangh (RSS)[38] as a pracharak[39] since 1972, drawing inspiration from the Sangh Parivar’s agenda for a Hindu state in India. The history of the Sangh Parivar is interwoven with complex politics.

In response to British colonization, the Sangh's agenda was to build a strong Hindu nation through physical and military training and construction of a fundamental Hindu identity that asserts higher-caste cultural values. It was a political strategy for free-India where upper-caste and -class Hindus could accumulate and maintain social and cultural power and privilege over religious minorities (especially Muslims and Christians) and lower caste and adivasi people.

This political strategy and ideology of the Sangh was formulated in the early decades of the 1900s, motivated by Nazi and fascistic ideologies, and German and Italian programs for ethnic cleansing toward nation building.[40] The ideological and paramilitary training in Germany and Italy in the 1920s and 1930s inspired early Hindu nationalist leaders such as Vinayak Damodar Sarvarkar and Balkrishna Shivram Moonje. Madhav Sadashiv Golwalkar, one of the early ideologues of the RSS, expressed his admiration for Nazi agendas very clearly in 1938:

"To keep up the purity of the nation and its culture, Germany shocked the world by her purging the country of the Semitic races -- the Jews. National pride at its highest has been manifested here."

He continued:

"The non-Hindu people in Hindustan must either adopt the Hindu culture and language, must learn to respect and revere Hindu religion, must entertain no idea but the glorification of the Hindu nation… in one word, they must cease to be foreigners or may stay in the country wholly subordinated to the Hindu nation claiming nothing, deserving no privileges, far less any preferential treatment, not even citizen's rights."[41]

Modi, as the Chief Minister of Gujarat, incorporated the teachings of the Sangh in his governance of Gujarat. According to a Times of India article, entitled: "In Modi’s Gujarat, Hitler is a textbook hero," tenth grade school texts: “present[s] a frighteningly uncritical picture of Fascism and Nazism. The strong national pride that both these phenomena generated, the efficiency in the bureaucracy and the administration and other ‘achievements’ are detailed, but the exterminations of Jews and atrocities against trade unionists, migrant laborers, and any section of people who did not fit into Mussolini or Hitler's definition of rightful citizen do not find mention.”[42]

Another strategy deployed by Hindu nationalists in Gujarat is to acquire popular support for Hindutva through social, developmental, charitable and cultural work. Sangh members often show up in various villages building schools, constructing wells, and organizing religious functions. They are also usually among the first to arrive at the site of a natural disaster, offering relief and rehabilitation aid.

The Sangh utilizes such opportunities to mobilize local communities, including women, adivasis and dalits, for its cadres, involving them in Sangh campaigns against religious minorities.[43] The participation of Sangh-affiliated, women, of Hinduized, adivasi and dalit communities in the assault on Muslims in Gujarat in 2002 exemplifies this pattern.[44]

Events

Events


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Hindu nationalists called for a bandh (general strike), to take place on the following day. Despite the fact that bandhs are frequently associated with violence, and have thus been made illegal, the Government of Gujarat, led by Narendra Modi, endorsed the strike. Unlike chief ministers of other states, such as Jharkhand, Bihar,15 and Maharashtra,16 Narendra Modi, took no precautionary measures against the imminent violence, such as preemptive detentions, which are legal and effective in India. Nor did he send an appeal to the Prime Minister to ask the news media to exercise restraint while covering the violence, and issuing strict ‘no riot’ instructions to the police force. To the contrary, as the violence ensued, Modi "justified this massacre by calling it a natural reaction to the Godhra violence."[17] Modi then ordered that Star News and other liberal media that were actively reporting the violence against the Muslim community in detail, leave Gujarat for “airing provocative coverage.”[18]

In the three days following the fire in the Sabarmati Express, the Sangh Parivar, with the knowledge of Modi and his cabinet,[19] led a campaign of targeted anti-Muslim violence across Gujarat, in which 16 of 24 districts were affected.[20] Some of the worst violence occurred in rural areas hundreds of miles from the train incident at Godhra. Had the violence been a“spontaneous reaction” as Narendra Modi and several other Gujarat officials claimed, it should have been concentrated only in the areas immediately around Godhra.

Moreover, subsequent investigations[21] found that only Muslim-owned businesses were destroyed, including hotels with Hindu names, or with Muslim dormant partners, where public registry listed the owner as Hindu. Inventories of Muslim businesses, including hotels with Muslim partners, and Muslim residences were made available to the mobs by BJP, Vishwa Hindu Parishad (VHP), and Bajrang Dal leaders and cadres, and the Gujarat State Police,[22] as were voter registration lists/electoral rolls that aided in the targeting of Muslims in mixed, or dominant Hindu neighborhoods. In Gujarat, with its history of communal violence, the events of February 28 through March 02 emerge as distinctive based on the scale and scope of sexualized and gendered violence, and the complicity of the state government in enabling the massacre and allowing it to continue.[23] There is strong evidence that the anti-Muslim violence following the fire on Sabarmati Express was planned. Witnesses described how Sangh Parivar mobs were armed with liquid gas cylinders, tridents, knives, and sticks. People from rural areas were trucked into neighboring villages and towns to participate in the violence, sporting the uniform of the Sangh -- saffron scarves and khaki shorts.

Mob leaders used cell phones to coordinate the movement of thousands of armed men through densely populated areas. Many of the mobs descended upon Muslim neighborhoods, homes, and businesses, hacking and burning people and property. Women and girls were beaten, thrown into wells, targeted for rape, gang rape, and collective rape, sexually mutilated and burnt. Mobs participated in the severing of women’s breasts, the tearing open of women’s vaginas and wombs, forcing the abortion of fetuses and their display on trishuls.[24] The elderly and children, even unborn children, were not spared.[25]

Police participation and complicity with the Sangh Parivar-led violence has been clearly and carefully documented. Much of the violence took place within sight of the local police stations. Witnesses testified that police officers often refused to come to the aid of Muslims, or took active part in the violence, to the point of shooting and striking at Muslims as they ran from the mobs. Rakesh Sharma's documentary on the Gujarat violence, Final Solution, shows footage of police officers shooting tear gas into Muslim sections of town as rioters waited to enter. Frantic calls for help to police and state government offices often resulted in little aid, or a betrayal: "We have no orders to save you."[26] Even politicians were not impervious to this onslaught; Ehsan Jafri, a prominent Muslim and a former member of the Indian Parliament, made more than twenty phone calls seeking help for his family and those who had gathered at his home for protection; his pleas remained unanswered, and he and many others were tortured, brutally killed, and burned on the street.

The Gujarat Police routinely did not register First Information Reports and refused to take action against the mobs.[27] In a survey conducted between March 05 to March 13, 2002, 2,797 Muslim families who were impacted were interviewed from within 17 relief camps in Ahmedabad, and some from villages near Ahmedabad and Sabarkantha. Of the 1,783 families that responded to a specific set of questions about actions taken by the police, 9.8 percent reported that the police had fired on them, 14.2 percent said that the police had acted against the victims, 31.1 percent reported police inaction, and only 2.9 percent reported that the police had been supportive.

The Citizen’s Initiative report documents some of the responses given by the police: “We don’t have orders to protect you”- To a group of women who were asking help to protect girls being raped on the roof of near by building with the State Reserve Police standing close by; “They have been given twenty four hours to kill you” -- to people who asked them for help; “If you want to live in Hindustan, learn to protect yourself” -- response given to some people who dialed 100 for help; “Why didn’t you also die? They should have killed you also” -- to a person who went to lodge a complaint about his kin being killed.”[28]

The violence continued for over thirty-six hours as the Indian national army remained on standby. Modi claimed that the army had been called for on the evening of February 28 and arrived on March 01. Even as approximately 600 troops reached Ahmedabad and other areas on March 01, they were not mobilized. The state government failed to utilize the armed forces and assist them with adequate transportation support, or provide them with information regarding the locations of outbreaks of violence.[29] While large-scale attacks ended on March 02, the violence continued into the following weeks, erupting into episodes.

Subsequent forensic investigations have established that Coach S-6 of the Sabarmati Express could not have been set on fire from the outside on February 27, 2002, and that the fire that destroyed compartment S-6 started from within the train compartment. The interim report of the Justice U. C. Banerjee Commission, released on January 17, 2005, has concluded that the fire in Coach S-6 of the Sabarmati Express on February 27, prior to the mass killings which ensued on February 28, was “accidental,” and not a “terrorist” attack on Hindu pilgrims as claimed by Narendra Modi and other Hindutva leaders in their attempt to justify the violence that followed.30 Narendra Modi declared in August 2002, that: "It wasn't merely a communal riot, it was like a mass agitation," and later in an August interview with Rediff: “What happened in Godhra supports our contention how innocents are being killed ruthlessly. Gujarat has helped India convince the world community how terrorism is damaging us.”[31] Hindu nationalists continue to maintain, with no factual basis, that Godhra was an act of (Muslim) terrorism.

Haren Pandya, the then Home Minister of Gujarat, testified before a Citizen’s Tribunal about a meeting which took place on the evening of February 27, 2002, where Chief Minister Modi asked his officials “not to come in the way of what will occur in the next few days."[32] As a directive from his position as Chief Minister, such action constitutes an endorsement of violence and the state’s complicity in the events that followed. Pandya was forced to resign from government after he testified. On March 26, 2003, Haren Pandya was assassinated in his hometown of Ahmedabad. The death was investigated by the Central Bureau of Investigation, with controversial findings.[33]

Various investigations (listed in earlier footnotes) have inquired into the precise nature of the genocidal violence used by Hindutva mobs[34] to target Muslim communities in Gujarat. Fact-finding teams have concluded that, based on the reach and impact, the implementation of violence that occurred, including across the districts of Ahmedabad, Dahod, Gandhinagar, Kheda, Mehesana, Panchmahal and Sabarkantha, between February 28 and March 02, must have been premeditated and could not have erupted spontaneously. These investigations have asserted that Narendra Modi, as the head of state of Gujarat, not only failed to take preventative measures against those who were planning the violence with his knowledge, but undertook a series of measures that either tacitly or explicitly condoned the violence.

The horrific breakdown of governance in Gujarat and the Sangh Parivar's infiltration into the state and judiciary have made justice and the hope of reparation, as well as security and healing, impossible. The situation was exacerbated by the endorsement of Modi by then BJP government at the center, and post-election in May 2004, in the absence of intervention on the part of the Congress-led alliance. Three years have passed. Narendra Modi remains the Chief Minister, and many of the perpetrators of the violence walk free. The Government of Gujarat continues to harass and discriminate against its Muslim, Christian, and Sikh minority populations, adivasi,[35] dalit,[36] and other marginalized groups, as well as secular activists and intellectuals, with new policies and prejudiced application of existing laws such as the Prevention of Terrorism Act (POTA).

The Bureau of Democracy, Human Rights, and Labor of the United States Department of State released a report on International Religious Freedom in 2002, pointing to the culpability of the Government of Gujarat in the violence, its violations of human rights and religious freedoms, and the targeting of other minority groups, such as Christians, following the event.[37]

Background

Background


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On February 27, 2002, the Sabarmati Express, a train bound for Ahmedabad,[6] was carrying kar sevaks (pilgrims, religious workers) from Ayodhya to Gujarat.[7] The kar sevaks traveled to aid in the construction of the Ram temple at Ayodhya. In 1992, a mob of Hindu militants demolished the Babri Masjid (mosque) in Ayodhya, built in the 16th century, instigating rioting that spread to other parts of the country, and resulted in the death of more than 2,000 people, again mostly Muslims.[8]

They declared that they would build a temple to Ram at the site, in supposed retribution for the Muslim invasion of certain spaces in what is today, centuries later, the nation-state of India.[9] The train stopped at Godhra, a town in Panchmahal district in Gujarat with a history of communal[10] tension. During the stop, a fire broke out in Coach S-6 of the Sabarmati Express, which resulted in the death of 59 people. Gujarat Chief Minister Narendra Modi and other leaders belonging to the network of Hindu nationalist organizations collectively known as the Sangh Parivar (or ‘Sangh’)[11] alleged that the Godhra tragedy had been a pre-planned Muslim conspiracy to attack Hindus, subvert the state, and damage the economy. In addition, Modi "further sought to stoke religious passions of the majority Hindu community by taking the decision to bring the charred remains of the victims of the tragedy to Ahmedabad in a public ceremony intended to arouse passions.”[12] Hindutva[13] groups also alleged that Hindu women had been violated in the attack.[14]