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COMMUNAL RIOTS - 2011 January to December – 2011 Compiled By K. SAMU Human Rights Documentation, Indian Social Institute, Lodi Road, New Delhi (India)

298 Gujarat traders to get fresh riot relief There is good news for medium and small traders who suffered huge losses during the communal riots of 2002. At least 19,373 such traders, including 298 in South Gujarat region, will soon get compensation from the Rs85.75 crore released for the purpose by the Union government a few months back. Sources in the Surat district administration said a survey to verify the affected traders will begin shortly. The maximum compensation payable has been fixed at Rs1 lakh. The state revenue department has asked all district administrations to submit a list of affected traders, after conducting a proper survey and verification of compensation claims. A copy of the government resolution in this regard has been received at the Surat district collectorate too. "Out of the 298 traders affected during the riots in South Gujarat, 281 are from Surat district, 15 from Navsari district and two from Valsad district," an official at the Surat district's revenue department said on the condition of anonymity. "In all, Rs1.66 crore would be paid as compensation to these traders. A survey to verify the traders will start shortly," the official said. He further said that the Central government had paid Rs10,000 as compensation to each affected trader soon after the 2002 riots. "But the traders felt the amount paid was too little," the official said. "To get more aid, they filed an application in the Gujarat high court. The petition is yet to be disposed of but the Union government decided to pay further compensation with the maximum amount payable to one trader being Rs1 lakh." The central government has asked the Gujarat government to do the necessary work required to ensure that the compensation money actually reached the victims. The revenue department of the state government has been entrusted the task of paying the compensation amount to all the 19,373 traders, the official explained. (DNA, 31/01/2011) Malegaon probe unfair: Khurshid Union minority affairs minister Salman Khurshid on Sunday said that the investigation into the 2006 Malegaon blast carried out by the Maharashtra ATS and the CBI were unfair. Maharashtra chief minister Prithviraj Chavan also echoed Mr Khurshid’s sentiments and said that the 2006 Malegaon blast case was a “painful chapter”. Mr Khurshid, Mr Chavan and former BJP president Rajnath Singh were among the dignitaries who attended a seminar organised by a Urdu news channel in Mumbai. Speaking to the media after the seminar, Mr Khurshid said that it was unjust against the nine Muslim boys who were arrested in connection with the 2006 Malegaon blast. “It is very clear that injustice has happened. Hundred per cent foolproof investigations are not possible in any case. In many cases, people are arrested during investigation, brought before court and some of them are set free. But repeatedly targeting certain people is unfair,” the Union minister said. The initial investigations carried out by the Maharashtra ATS concluded that the 2006 Malegaon blast, in which 36 people were killed outside a mosque, was carried out by radical Muslim organisations. Later, the CBI took over the investigation and worked on the same lines. However, in November 2010, Swami Aseemanand, who was arrested in connection with another blast case in Ajmer, confessed that the 2006 Malegaon blast, along with Mecca Masjid blast, Samjhauta Express blast were carried out by his associates. Mr Khurshid said that in the wake of this confession, a review of the investigation carried out by the ATS and CBI was warranted. “Union home minister P. Chidambaram was in touch with Maharashtra chief minister and Union law minister Veerappa Moily to take the case to its logical conclusion,” he said. Earlier, speaking in the same conference, Mr Chavan had said, “The Malegaon case was a painful chapter in the state’s history. The arrested accused will get justice. The case was given to the CBI after the people demanded it. After the incident, a few things have come up which will be considered.” (AA, 21/02/2011) 'Why are we treated as second class citizens?' AHMEDABAD: The Muslim community in Gujarat lives in fear, is denied basic amenities and treated as


second class citizens - these came out in the personal testimonies of 55 people affected by the 2002 post-Godhra riots. They were participating in a public hearing organised by Anhad, Centre for Social Justice, and several other NGOs working for human rights, in the city on Monday. In the jury were Justice R A Mehta, former acting chief justice of Gujarat high court; Annie Raja, general secretary of National Federation of Indian Women; social activist Gagan Sethi; and author Githa Hariharan. Syeda Imam Bilgrami, a member of the National Commission for Minorities, was a special observer. Retired academician and social activist from Vadodara professor J S Bandukwala, who is from Daudi Bohra community, lashed out at Bohra spiritual leader Dr Syedna Mohammed Burhanuddin for getting close to Modi. The Syedna and Modi shared the dais on Saturday at a trade exhibition of the community here. "It is unfortunate that many of us are getting close to Modi," Bandukwala said. There were instances of how Muslim corporators had ignored their community. Rashidaben of Aman Samudaya told the jury how the slums in Bombay Hotel area of Behrampura lived with chemical-laced water. "Badruddin Shaikh who represents this area has done nothing about this basti," she said. There were cases from Ahmedabad, Vadodara, Godhra, Surat, Dahod, Panchmahal and other districts. Latifa Giteli from Godhra, who runs a trust for education, said that her husband who works with BSNL was jailed for 11 months in a fake bombing case and is questioned every time there is trouble in the city. "When the serial blasts happened in Ahmedabad they took him away for three days," she said. Shabnam Hashmi of Anhad said that at a time when the state was projecting a picture of being progressive and safe, a section of people is battling for its basic rights and fighting communal forces even after nine years of post-Godhra riots. Bilgrami told TOI later that Muslims felt out of place not just in Gujarat, but elsewhere in the country. "What I tell them is to create strong institutions for academics and special training and give the society role models who can lead the way to progress. I have high hopes from Gujarat," she said. The jury will present the finding to state government officers on Tuesday. (TOI, 22/02/2011) Govt says Bill on communal violence must for fair play The Government on Thursday said it was “determined” to introduce the communal violence bill in order to bring about a polity in the country which is “fair” and “just” towards all sections of the society. “This is a very serious issue. Our Government is determined to take it (the Bill) forward, because we do not want any State Government not to be accountable to the kind of things that have happened in the past,” HRD Minister Kapil Sibal told mediapersons. The Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, drafted by the National Advisory Council headed by Sonia Gandhi, was put in the public domain on Thursday. Sibal’s remarks came when his attention was drawn to BJP leader Arun Jaitley’s observations about the Bill. In an article put on the BJP website, Jaitley has feared the Bill will intrude into the domain of the state. Sibal said those issues could be discussed at the Standing Committee after the Bill is referred to it for being placed in the House. The HRD Minister said with the Bill, the Government also wants to ensure that in “certain situation we can make Governments and individuals accountable”. Signifying the importance of the Bill, he said there are instances in the country where certain sections of the community have been targeted and nine years have lapsed to decide which court should take up the matter and should be accused. (Pioneer, 27/05/2011) NAC agrees to make 49 amendments to Communal Violence Bill The National Advisory Council today agreed to make as many as 49 amendments to the Prevention of Communal Violence Bill, including the one which created doubts about Centre-state relations while dealing with such violence. Another amendment made in the draft bill relates to the definition of communal and targeted violence which included reference to 'destruction of the secular fabric'. The members agreed that this was "too high a threshold," and therefore it was agreed to delete this phrase, a statement by the NAC said here. The members of Sonia-Gandhi-led Council agreed to delete a clause which refers to Article 355 of the Constitution, as it created a fear that it may interfere with the federal structure of the country. According to clause 20, Chapter III of the draft bill, "The occurrence of organised communal and targeted violence shall constitute 'internal disturbance' within the meaning of Article 355 of the Constitution of India and the Central Government may take such steps in accordance with the duties mentioned thereunder, as the nature and circumstances of the case so requires." There were some concerns about excessive powers to the National Authority and some clauses were deleted. The NAC Working Group will place the full list of amendments to the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011 on the website and later forward the draft bill the Centre for consideration. (Deccan Herald, 23/06/2011)


Justices Verma and Srikrishna red-flag NAC draft anti-communal violence Bill The Congress may dismiss the BJP’s attack on the National Advisory Council’s draft Prevention of Communal and Targeted Violence Bill as “communal propaganda”. But there’s mounting criticism from quarters it may find hard to shrug off — independent jurists with an impeccable record of having intervened in cases of communal discord or violence. Their argument: existing laws need to be better implemented, access to justice needs to be expanded — another law isn’t the answer. Especially one which, just like the one for a Lokpal, sets up panels of eminent people of “good moral character” and expects to equip them with a magic wand. Commenting on the Bill — its amended draft was released this week — former Chief Justice of India Justice J S Verma says: “No law can eradicate communalism in the country...We need to identify lacunae in present laws, if any, and make amendments. We have enough laws, in fact the maximum in the world. The problem is in faithful implementation. It is not the Constitution that has failed us but we who have failed the Constitution.” Gujarat 2002 is the refrain of many in the NAC to justify this Bill. Verma, who as chairman of the National Human Rights Commission, took a proactive role in cases related to the Gujarat massacres, says: “From the unfortunate history of Gujarat in 2002, we must learn how we can help prevent such incidents and help with reparations and with access to justice.” Instead, this Bill, critics say, sets up a whole new bureaucracy at the Centre, a seven-member National Authority for Communal Harmony, Justice and Reparation, parallel state authorities and — in a remarkable parallel with the Lokpal proposal — expects it to “prevent” any communal violence, control an outbreak of violence, monitor the probe, the prosecution and the trial and distribution of relief and reparations. (Chapter IV, Clause 30). The proposed law also defines the victim as member of a religious or linguistic minority or SC/STs — opening the door to a bewildering interpretation of who all are eligible. Four of the seven members have to be from either a linguistic or religious minority or an SC/ST community. The qualifications include “high moral character and impartiality,” and, in the flavour of the season, it bans membership of any political party for at least a year before the appointment. No wonder Justice B N Srikrishna, a former Supreme Court judge and author of the report on the communal riots in Mumbai of 1992-3, finds the principle behind the Bill flawed. “The investigative and prosecuting machinery under the CrPC could itself be used by suitable amendments,” he says. “There’s no need for an elaborate separate Act for that. Large-scale communal riots like in Mumbai or Gujarat do not happen on the spur of the moment. These are the result of elaborate preparations. There should be an effective method of tagging known communal elements and for swooping down on them with preventive arrests in case of intelligence inputs so as to nip the riots in the bud. What is needed is lightning action and not meandering gait. What is needed is pre facto and not post facto activism. The Bill suggests no such quick reactive machinery. Communal riots spread like wildfire and must be treated like fire emergencies. The Bill shows no such thinking. It seems to be long on cure and short on prevention.” On the National Authority, he says: “It’s a toothless tiger. Its role seems more to collect information and advise the government at the Centre and state levels. This is an example of mindless proliferation of laws. That is the rampant disease in our country. We have and make many laws but hardly implement them seriously.” Echoing this is chairman of the National Commission for Minorities (NCM) Wajahat Habibullah. He says the creation of such an Authority would mean a “vast centralized machinery, which is also a criticism of the Jan Lokpal Bill”. He adds: “Instead of empowering the community to safeguard minority interests, the Bill would instead strengthen the government machinery which, in the past, has shown itself to have been the principal offender in failing to so safeguard.” Welcoming a law to control “collective violence,” the NCM has cautioned on safeguarding the rights of states vis-a-vis the Centre and on varying interpretations of how the term “group” is to be defined. Endorsing the Bill is Justice M S Liberhan, who headed the Ayodhya Commission after the demolition of the Babri Masjid. He said there’s a need to be less cynical about new laws and accept that there is a lacuna when it comes to communal or group violence. On the BJP’s criticism there is an anti-majority bias in the draft, Liberhan said: “Only those who are weak and numerically weaker need protection. In case, there are gaps like attacks by a Muslim group on Hindus where they are in a majority, the law can be amended later to accommodate them.” Sources in the NAC rebut the criticism saying the Bill protects all those who are in a “non-dominant” position — not just religious minorities. And that the it does not envisage the National Authority as one “taking away” the functions of the state but merely to “ensure that justice is done.” They also underline the “progressive reparations” suggested in the Bill — Rs 15 lakh for death to victims of group violence. Clearly, this Bill, too, is headed for a fractious political — and legal — debate. (IE, 26/06/2011)


VHP will launch stir against prevention of communal and targeted violence bill (7) Nagpur, August 01, 2011: The Vishwa Hindu Parishad would strongly oppose the proposed prevention of communal and targeted violence bill, 2011 and claimed that it would only target the Hindus. Senior VHP leader Pravin Togadia on Monday said that the proposed law, if adopted, would make it constitutionally accepted that only Hindus cause riots and that Muslims, Christians and other minority communities would never be held responsible for riots. He alleged that the proposed bill was a "conspiracy" of UPA chairperson Sonia Gandhi and others to enact an anti-Hindu law. It was primarily because the definition of the term "group", which is the backbone of this draft bill that is made in such a manner that the majority, that is the Hindus, will be at the receiving end, he said. Tagodia said that VHP will launch a massive countrywide agitation to oppose the bill. "We will meet all the MPs, including those of the Congress and caution them about the dangerous pitfalls," he added. The VHP leader said that the bill was finalised by the National Advisory Council, headed by Congress leader Sonia Gandhi and other "anti-Hindu members". If the government tries to pass the bill, it would embarrass the Congress and its president Sonia Gandhi on the lines of Shah Bano episode during the Rajiv Gandhi era, he pointed out. Togadia was here to begin a Hindu Helpline service in the country to unite the Hindus. The Hindu Helpline will extend all necessary helps to Hindu in distress for health, travel, religion, culture and problems with government machinery."This will work as 24-hour system and network for felicitation across the country and extend necessary help to needy Hindus accordingly," he informed. According to him, around 100 fulltime district convenors and 25,000 volunteers are working for the helpline. “While travelling or even otherwise, we wish that there should be someone reliable around to help. Sometimes there may a sudden natural calamity or a personal health problem or an accident. In such emergencies, the helpline will play a role of a reliable friend of Hindus,” he narrated. The Helpline call centre will hear the needy and pass on the immediate message to the volunteer at the location where the caller has a problem within 30 seconds. “The needy will get the help within half an hour,” he further informed. (Hindustan Times 1/8/11) Details of SIT probe on Gujarat riots were leaked: Bhatt (7) IPS officer Sanjeev Bhatt, who has accused Gujarat Chief Minister Narendra Modi of misusing state machinery during 2002 post-Godhra riots, has alleged that SIT probe details on riot cases were leaked to a top law officer of the State government. Mr. Bhatt, in his 19-page supplementary affidavit filed before the Supreme Court last week, alleged that someone from within the Special Investigation Team (SIT) was leaking sensitive and confidential details related to investigations conducted by it to Additional Advocate General Tushar Mehta. Mr. Bhatt, an Inspector General-rank officer, alleged in the affidavit that he had seen e-mails from the SIT probing the riots cases in the personal mail account of Mehta. Mr. Mehta on his part lodged a complaint with the State cyber cell accusing Mr. Bhatt of hacking his e-mails, police said. “A case has been registered against IPS officer Sanjeev Bhatt after a complaint was lodged against him by the Additional Advocate General of Gujarat High Court accusing him of hacking his e-mails,” Joint Commissioner of Police of Sector-I Ajay Tomar said. “An FIR has been registered (under the Information Technology Act-2008) at the Vastrapur police station, and investigations are underway,” another police official said. Incidentally, Mr. Bhatt and Mr. Mehta have been family friends since long. Mr. Mehta alleged that Mr. Bhatt hacked his e-mail and accessed it and passed on the information to others also. “These communications contain my personal, official, and legal correspondences which are not only unauthorisedly seen by Bhatt but shared by him with others for ulterior motive, which, apart from being criminal offences, grossly violates my right of privacy,” Mr. Mehta said in the complaint. “I have reasons to believe that he must have taken hard and soft copies of my emails and he is using the same out of contact for an ulterior motive and with an intention of tarnishing my reputation,” he said. Mr. Bhatt had earlier filed a petition in the Supreme Court a couple of months back accusing Mr. Modi of misusing state machinery against Muslims during the post-Godhra riots. (The Hindu 5/8/11) 'Gujarat Govt didn't act with vengeance against Bhatt' (7) Ahmedabad: A day after the suspension of controversial IPS officer Sanjiv Bhatt, the Director General of Police has denied that the State Government had acted with vengeance against him. Justifying the suspension of Bhatt on disciplinary grounds, Director General of Police Chittaranjan Singh told The Pioneer on Tuesday that the IPS officer had been disobeying the orders for a long time. Bhatt, who has alleged that Chief Minister Narendra Modi had asked the State police force to “allow Hindus to vent their anger” following the killing of 58 kar sewaks in the Sabarmati Express train fire at Godhra, was suspended from service late on Monday night. The DGP said that the State Government has no prejudice


against Bhatt but he was suspended due to indiscipline after inquiries were carried out about his conduct regarding various aspects. Bhatt was posted as the Principal at the State Reserve Police Training College, near Junagadh, about eleven months ago back but he was always found in Ahmedabad on some pretext or other, DGP Chittaranjan Singh told this correspondent. “He first took 18 days' leave for his mother's treatment, but our inquiries found it was only some eye-related problem … some ailment that comes with old age… nothing serious”, Singh told The Pioneer about how Bhatt had misled the government. DGP Chittaranjan Singh also said that Bhatt had moved his official vehicle and manpower from Junagadh to Ahmedabad in violation of service rules. Moreover, Bhatt abstained himself from duty by saying he has to appear before the SIT or the Nanavati Commission, the DGP told The Pioneer about the controversial IPS officer's conduct for the last few months. Reports of inquiries on all these were prepared and submitted to the Home department following which Bhatt was suspended, the DGP told The Pioneer on Tuesday. The suspension letter, delivered at his residence here late on Monday night, cited unauthorized absence from duty, misuse of official vehicle and not appearing before a departmental probe panel as reasons for his suspension. Bhatt spent the day by consulting his lawyers and vowed to take on the government. “I am contemplating legal action against the suspension”, Bhatt told The Pioneer on Tuesday. The suspension order, signed by Additional Chief Secretary Varesh Sinha, cited the All India Service Rules and said that he was being suspended for his various acts of omission and commission and for conduct unbecoming of a senior IPS officer. (The Pioneer 9/8/11) Forbesganj firing: NCM wants relief under draft communal violence Bill (7) New Delhi: The National Commission for Minorities has recommended that victims of the June 3 firing by policemen in Forbesganj, Bihar, that killed four people, be compensation as per the suggestions laid down in the proposed Prevention of Communal and Targeted Violence Bill, even if it is still a draft. The 20-page report of the NCM also recommends that the Bihar government review the compensation given to acquire land from the community — the seed of the dispute that led to the firing — and that the district magistrate be authorised to make additional payments on the basis of the then existing circle rates of land (which were higher than the compensation paid). The police had resorted to firing at Forbesganj in district Araria to disperse a group of farmers protesting against building of a local wall for, incidentally, a factory owned by the son of BJP MLC Ashok Agarwal. Four Muslims had died in the firing soon after Friday prayers, including a pregnant woman and a nine-year-old child. With Forbesganj having an almost entirely Muslim population, the matter had reached the NCM. The land had been acquired 23 years ago and locals were protesting against the factory wall as it cut across a road used by them. An NCM team had visited the spot, including Chairman Wajahat Habibullah and his colleague Syeda Bilgrami Imam. In the report they said though Araria was amongst the backward minority concentration districts identified by the Centre for special help, the money received for school support or for anganwadis had systematically gone to areas of the district where there was zero or negligible minority population. The NCM says it alerted the Minority Ministry on the matter. (Indian Express 10/8/11) Communal tension in Moradabad; curfew imposed in some areas (7) Moradabad, Aug 10: Curfew was imposed on Tuesday late night in some areas of the city following incidents of arson and stone-pelting by agitated mobs, police said here. According to the police, the curfew was imposed in Katghar, Manjhola and Galshaeed areas where several people were also injured in the violence. Special DG Brijlal told PTI, "Members of the two communities who are these days observing Roza and taking part in Shravan mela clashed with each other leading to tension." RAF, police and PAC have been deployed in affected areas and more force is being summoned from neighbouring districts, Brijlal said, adding the situation was tense but under control. The city has been witnessing communal tension since Saturday night when a group of ''kanwarias'' set afire some vehicles and pelted stones at a factory unit where people were offering Ramzan prayer The ''kanwarias'' apparently got angry when their procession route was changed. (One India 10/8/11) ‘Communal Violence Bill attempt to stem freedom of expression’ (7) Manjeshwar, August 10, DHNS: The Communal Violence Bill is an attempt to stem the freedom of expression of Hindu brethren which was bestowed by the Indian Constitution, alleged Hindu Janajagruti Samithi Co-ordinator Mohan Gowda at a protest organised opposing the Bill at Hosangadi. “The Union government has proposed the Communal Violence Bill with the interest of the minority community in mind and to punish the majority of Hindus. Sonia Gandhi is the chairperson of the Draft Committee that has


anti-Hindu members including Teesta Setalvad, Mahesh Mondel, and minority community members such as Asgar Ali,” he said. If the minority community attacks Hindus, the Bill will not come to their rescue. Besides, one needs government approval to take action against the minority community. Union government is empowered to dissolve a State government in case of an incident of communal violence in that state, under 355 of Indian Constitution by announcing it as internal law and order disturbance. Union government will form a national authority with 7 members for protecting the minority community, and members of the minority community will hold key positions and be the majority in it, he added. “District and states commissions will be formed in each state to award justice and compensation in case of communal violence. In case of a rape on a woman from minority community, a compensation of Rs 5 lakh to Rs 15 lakh will be awarded. However, in case of rape on Hindu women, it’s not a crime, instead a mere compensation of Rs 30,000 will be paid as per the Bill,” said Hindu Janajagruti Samithi member Prashant Kumble. “Karnataka has IPC, CRPC and TADA laws that are effective in curbing any incidences of communal violence. There is no need for a separate Bill. It’s an effort by the union government to lure minority community,” he said. Further he added that protests and signature campaign will be held in various districts of the state in this regard and memorandums will be submitted to Indian President Pratibha Patil. (Deccan Herald 11/8/11) Cop who blamed Modi for Godhra suspended (7) Ahmedabad : Gujarat cadre IPS officer Sanjiv Bhatt was suspended from service late on Monday night. Sanjiv Bhatt was suspended on Monday for omission of duty Bhatt has been in the eye of Gujarat Chief Minister Narendra Modi after he filed an affidavit in the Supreme Court stating that he was present at a meeting held in Modi’s house on February 27, 2002. In the meeting, Modi had allegedly hinted to his officers to allow Hindus to vent their anger on the Muslims in the aftermath of the train carnage at Godhra which left 59 passengers burnt to cinders. The suspension order was served under rule 3(1) of the All India Service Rules. The order stated that he was suspended with immediate effect for various acts of omission and commission and for a conduct unbecoming of a senior IPS officer. (Mumbai Mirror 11/8/11) New bill on communal violence under study (7) New Delhi, Aug 9 : The home ministry is studying a new draft bill on communal violence sent by the National Advisory Council (NAC), parliament was informed Tuesday. After stating the need for a fresh law on the subject, the NAC sent a draft bill, Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011, to the home ministry last month, Minister of State for Home Jitendra Singh told the Lok Sabha. He said this followed a number of recommendations received from civil society groups and other stake holders on the earlier 'Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005. The bill provides for declaring certain areas as communal disturbed by state governments, enhanced punishment for offences related to communal violence, speedy investigation and trail of offenders through special courts, and barring discrimination in providing relief and compensation. The bill also provides for special powers to the central government in certain cases, a provision that has triggered objections from some state governments. (New Kerala 9/8/11) 50 held for Uttar Pradesh communal clash (7) Lucknow, Aug 10 : Around 50 people have been arrested in connection with a communal clash in Uttar Pradesh's Moradabad city, involving Kanwariya pilgrims and locals that left 13 people injured, police said Wednesday. The injured included two cops and the curfew that was imposed in the wake of clashes Tuesday has continued in various parts of the city. Violence broke out in Dasarai locality late Tuesday following heated arguments between some Kanwariyas (Lord Shiva's devotees) and local Muslims. According to police, Tuesday's violence is linked to a dispute between the two groups Saturday. "On that day (Saturday), Kanwariyas wanted to take out their procession from an undeclared route, while members of the minority community were strictly against it. The Kanwariyas then resorted to arson and vandalism. We believe Tuesday's communal clash is linked to that incident," said a police officer, who declined to be identified as he was not authorised to speak to the media. Members from both communities Tuesday resorted to firing, stone-pelting and fought pitched battles with the police. A police outpost in Aslatpur area and several vehicles were also set on fire. "Around 50 people from both the sides have been arrested. The curfew is still imposed in various areas," Inspector General of Police (Moradabad range) M.K. Bashal told IANS on phone. "We are continuously keeping a vigil on the troubletorn areas. As of now, no decision has been taken about relaxing the curfew. It will continue throughout


Wednesday night," he added. Superintendent of Police (City) Piyush Srivastava told IANS: "A deputy superintendent of police and an inspector are among those injured. Five people, including the inspector, have received bullet injuries." "Around four-five injured have been discharged from hospital," he added. Provincial Armed Constabulary (PAC) and Rapid Action Force (RAF) personnel have been deployed along with the police in parts of Bareilly to avert any untoward incident, Moradabad's District Magistrate Sameer Verma told IANS. (New Kerala 10/8/11) Conference on communal violence Bill organized (7) Bhopal: Finance and Commercial Taxes Minister Raghavji said that India is proud of its history and culture. Raghavji was speaking as chief guest at a symposium on 'Proposed Communal and Targeted Violence Bill and Harmony' organised by Bhopal Branch of Vivekanand Kendra, Kanyakumari here on Saturday. On this occasion, senior fellow of Vivekanand International Foundation, Delhi RMP Singh spoke on provisions in proposed Bill and its anomalies. He also answered the questions of the audience. He said that there has been a tradition of tolerance and communal harmony in India for which it stands out in the world. There should not be any effort that can divide society and disseminate negative message to the people of other communities and classes. In his speech, RMP Singh said that egalitarian society is tradition and capital of India. He said that the majority community has lopsidedly been cited as aggressive and killer in the proposed Bill. Singh stressed on promoting communal harmony and faith among the people of different communities. He spoke in detail on provisions of the proposed Bill and pointed anomalies in it. He underlined the need for seeking public referendum in this respect. Singh said that India has been maintaining its acclaimed image for thousand years only because of its great civilisation. (Pioneer 21/8/11) Curfew lifted from Uttar Pradesh city (7) Lucknow, Aug 21 : Curfew was lifted from Uttar Pradesh's Moradabad city Sunday, over 10 days after it was imposed in parts of the city following a communal clash that left 12 people injured, an official said. "The decision was taken at a meeting held Saturday night," Superintendent of Police (City) Piyush Srivastava said in Moradabad, some 250 km from Lucknow. Curfew was clamped Aug 9 in areas under six police stations -- Katghar, Kotwali, Galshaheed, Mughalpura, Nagphani and Majhola -- after violence broke out in Dasarai locality following heated arguments between some Kanwariyas (Lord Shiva's devotees) and local Muslims. Members from both communities had resorted to firing, stone-pelting and fought pitched battles with the police. A police outpost and several vehicles were set afire. According to police, over 50 people from both the communities have been arrested. (New Kerala 21/8/11) Communal clash leaves one dead, 10 injured (7) Lucknow, Aug 31 : One person was killed and 10 others were injured during a communal clash in Uttar Pradesh's Kaushambhi district Wednesday, police said. Violence erupted after Hindus and Muslims in Kokhraj area had an argument over the playing of a loudspeaker. "Muslims objected to the playing of the loudspeaker by Hindus. After hurling abuses at each other, members of the two communities started clashing with stones and sticks," Additional Superintendent of Police M.P. Verma told IANS on telephone from Kaushambhi, some 250 km from Lucknow. A 42-year-old man Chand Miyan died in the clash, while 10 people from both communities were injured. "The injured have been admitted to hospital, and they are out of danger," he added. No arrests have so far been made in the incident. (New Kerala 1/9/11) 2 die, curfew clamped in Ujjain (7) Ujjain, MP, Sep 3: Two people were killed and more than a dozen --including police personnel-- injured in a late-night clash near a place of worship in this communally-sensitive ancient temple town where curfew was subsequently clamped in all ten police station limits even as authorities said today that the situation was under control. Additional security personnel, including two platoons of the Rapid Action Force, were deployed. Senior administrative officers are monitoring the situation. Last night’s disturbances occurred in the old town area where two groups disputed; a confrontation ensued and stone-pelting began. Though a lathi-charge dispersed the lawbreakers, a larger crowd gathered soon after and police vehicles were stoned. To disperse the mob, tear smoke shells were fired and other measures resorted to. Initially, curfew was clamped in six police station areas. At least a dozen people were taken into custody. (New Kerala 3/9/11)


No jobs on compassionate ground to riots victims' kin (7) AHMEDABAD: The Gujarat high court on Wednesday refused to direct the state government to provide jobs on compassionate grounds to kin of post-Godhra riot victims in state services or PSUs after the state government expressed its inability to do so. Social activist Gagan Sethi had moved the HC in 2008, demanding implementation of the Union government's scheme of 2007 to disburse ex-gratia compensation to riot affected and also provide jobs to kin of riot victims. The bone of contention was the additional relief and rehabilitation package envisaged in the Centre's 2007 scheme that spoke of providing compassionate appointment to children and family members of those killed during the 2002 riots. The Centre promised to give preference to them in recruitment in paramilitary forces, IR battalions, SRP, PSUs and other state and central government departments by giving necessary age relaxation. (Times of India 8/9/11) Communal Violence Bill will infringe rights of state: Orissa (7) New Delhi: Orissa on Saturday strongly opposed the Communal Violence Bill in its present form, contending the Bill is “not practical” and infringes upon the rights of the state. “The draft communal violence bill is not practical and infringes upon the rights of the state,” Chief Minister Naveen Patnaik told reporters emerging out of the National Integration Council meeting here. Addressing the meeting, he expressed concerns over several provisions, especially Section 20, of The Prevention of Communal and Targeted Violence (Access to Justice and Regulations) Bill, 2011. He said it could be exploited by “mischievous groups who can provoke violence and then make demands for imposition of President’s rule”. “I, therefore, strongly oppose introduction of such a Bill which compromises the spirit of cooperative federalism and infringes on states autonomy,” he said at the NIC meeting here, seeking wide ranging consultation with the states to sort out misgivings and arrive at a consensus. He said constitution of two more authorities as per the provisions will lead to “multiplicity of fora” to scrutinise state governments’ actions as already a number of monitoring agencies exist for carrying out such supervisions. Setting up a ‘national authority for communal harmony justice and reparation’ and ‘state authority for communal harmony justice and reparation’ with overlapping jurisdiction may also lead to “confusion” in sensitive situations, he said. Besides, the Centre may “interfere” in the jurisdiction of the state government directly or indirectly through the former proposed body, he observed. (The Hindu 10/9/11) Tripura government opposes communal violence bill (7) New Delhi, Sep 10 : Tripura's Left Front government Saturday opposed the proposed communal violence bill, terming it an "infringement" on the rights of the states. "The proposed bill would be an infringement on the rights of the states and is bound to seriously impair the federal spirit enshrined in the constitution of India. Therefore, the same should not be pursued," Chief Minister Manik Sarkar said at the 15th National Integration Council (NIC) meeting here. "The existing legal framework is adequate to deal with all kinds of law and order situations including the communal disturbances," he said. The bill, drafted by the Sonia Gandhi-headed National Advisory Council, seeks to protect "groups" from communal violence and harm, describing "religious and linguistic minority, in any state in the Union of India, or Scheduled Castes and Scheduled Tribes" as victims. Sarkar, also a member of the Communist Party of India-Marxist (CPI-M) politburo, said that the fundamentalist organisations should be firmly dealt with and should not be allowed to create any communal disturbances in the country. "An appropriate development strategy can play a crucial role in promoting national integration," he said adding that all the national and regional political parties should launch an all out ideological and political campaign to promote national unity and integration. (New Kerala 10/9/11) Provisions of the NAC drafted communal violence bill (7) New Delhi, Sep 10 : The proposed communal violence bill, which was discussed at the National Integration Council (NIC) meeting Saturday, intends to prevent and control targeted violence against the Scheduled Castes, the Scheduled Tribes and religious and linguistic minorities. According to the draft bill prepared by the National Advisory Council (NAC), the legislation is intended to enhance state accountability and correct discriminatory exercise of state powers in the context of identity-based violence. The explanatory note on Prevention of Communal and Targeted violence (Access to Justice and Reparations) Bill, 2011, prepared by NAC, lists its key provisions: Dereliction of duty by public servants: The bill recognizes offences of both omission and commission. Public servants who act or omit to exercise authority vested in them under law and fail to protect or prevent offences or act with malafide


and prejudice shall be guilty of dereliction of duty with penal consequences. Defining communal and targeted violence: The provisions of this Bill will apply only when it is first established that the offence was ‘targeted’ in nature. Offences under the Indian Penal Code shall be considered offences under this bill when they meet the definition of ‘targeted’. Breach of command responsibility: The bill seeks to ensure that the power of holding command over the actions of others is indeed upheld as a sacred duty, and that there is culpability for those who are ‘effectively in-charge’. The chain of command responsibility may extend to any level where effective decisions to act or not act are taken. Sanction for prosecution of public servants: The bill proposes that if there is no response to a request for sanction for prosecution within 30 days from the date of the application to the concerned government, sanction to prosecute will be deemed granted. In relation to certain offences under the Indian Penal Code, 1860, when committed by a public servant, the requirement of obtaining sanction is being dispensed with. Monitoring and accountability: Monitoring and grievance redressal shall be the responsibility of the National Authority for Communal Harmony, Justice and Reparation (NACHJR) and corresponding State Authorities for Communal Harmony, Justice and Reparations (SACHJR). The monitoring mechanism of national and state authorities will also provide the ‘paper trail’ to ensure robust accountability of public officials in a court of law. Composition of the NACHJR: The bill proposes that NACHJR will have seven members of which four must belong either to a linguistic minority or religious minority in any state or to the SCs or STs. No more than two members of the NACHJR may be retired public servants. Offences of communal and targeted violence: The Indian Penal Code (IPC) contains most offences committed during episodes of communal and targeted violence. These have been appended in a schedule to the bill and shall be considered offences when they meet the threshold of being ‘knowingly directed against any person by virtue of membership of a group’. The brutal forms of sexual assault (beyond the limited IPC definition of rape) and torture have been included in the bill. Additionally, it defines hate propaganda. Victims' Rights: This bill seeks to strengthen the rights of the victim in the criminal justice system, through certain provisions in their struggle for justice. Relief and Reparation including compensation: All affected persons, whether or not they belong to non-dominant groups in a state have been given justiciable rights to immediate relief, and comprehensive reparations, including compensation if they suffer any harm as a result of any offence of communal and targeted violence recorded under this Bill. No compensation for death shall be less than Rs.15 lakh. No compensation for rape shall be less than Rs.5 lakh. The federal principle: Advisories and recommendations of NAJCHR are not binding on state governments. All powers and duties of investigation, prosecution, and trial remain with the state governments. (New Kerala 10/9/11) Communal violence bill: Manmohan Singh praises NIC, Chidambaram (7) New Delhi: The minority communities often feel they are being unfairly targeted in the “aftermath of unfortunate incidents”, Prime Minister Manmohan Singh said on Saturday, inaugurating the National Integration Council meet, which is todebate the communal violence bill. “It is a matter of great satisfaction that in recent years, relations among various communities have by and large remained harmonious,” the prime minister observed. “Members of this council have played an active role in ensuring that people respond with maturity to developments that may otherwise flare up communal tempers. Nevertheless, we need to maintain a continuous vigil in this regard.” Prime Minister Manmohan Singh came to the rescue of his colleague home minister P Chidambaram at the National Integration Council (NIC) meet today by elaborately listing out the steps taken by him to bolster the intelligence and investigating apparatus. Mentioning various steps taken up by the Ministry of Home Affairs, Singh said, “The intelligence sharing mechanism under the multi-agency has been bolstered and the National Intelligence Grid is being implemented so that intelligence from various sources can be accessed and analysed to identify actionable points.” Singh, however, did not mention the NCTC, making it evident that there are no takers yet for Chidambaram’s favourite project of creating an overarching body to counter terrorism at all levels and it still has a long way to go as other cabinet colleagues are not ready to go with the idea in its original form. On Friday, Chidambaram had said that the process was on to set up the NCTC soon. In his speech at the NIC, he did not delve in to the subject of terrorism and rather focussed on broad parameters of solving communal violence. Chidambaram said: “The biggest challenge is the use of violence as an instrument of protest or an instrument of change. Insurgency, militancy and terrorism threaten to unravel the idea of India.” He also said the country still faces the old evils like communalism, casteism and parochialism. And that it was natural to focus on violent attacks of terrorist groups but attention must be given to the violence unleashed by ideologically-driven Left wing extremists. (DNA 10/9/11)


How they reacted to SC verdict (7) The victim survivors and Citizens for Justice and Peace (CJP) welcome the judgment passed by the Supreme Court. Teesta setalvad of the CJP said, "While the prayers in petition was for the registration of an FIR against chief minister Narendra Modi and 61 others and transfer of the investigations to CBI, the order of the court goes far beyond this and in fact directs the SIT to chargesheet all the accused on the basis of our complaint and submit all reports of the SC-driven investigation including the SIT reports, Amicus Curiae Raju Ramachandran's reports to the magistrate's court hearing the Gulbarg case trial. She said that the order also shows that the complainants have been given full locus to be heard "and make our case whether the SIT decides to drop some of the accused or if the magistrate decides to file a closure report. The victim survivors and CJP hope that the SIT will now undertake its job professionally." Father Cedric Prakash: "The Supreme Court today directed the trial court in Gujarat to accept the final reports of the SIT and of the Amicus Curae and also to continue with the process of law. This verdict might be interpreted as a setback and disappointment for the victims of the Gujarat carnage of 2002 and for those fighting for justice," said Father Cedric Prakash, director of Prashant - A Centre for Human Rights, Justice and Peace. He also said that the verdict in no way gives a clean chit to Modi, nor does it close the judicial process on this matter. Besides, the SC still has nine other cases to deal with on the carnage of 2002. While some are also claiming 'victory,' the fact is that the struggle for justice will continue relentlessly, with full faith in the judicial system and a hope that truth will ultimately triumph. Gujarat Pradesh Congress Committee president Arjun Modhwadia termed the verdict of the SC, for which the BJP is rejoicing, as a 'slap' in the face of chief minister Narendra Modi. "The verdict does not mention that the SIT has failed to get any clinching evidence against Modi. The verdict has actually gone against Modi and his officials. He said that the SC has directed the magistrate that before coming to any conclusion or filing any closure notice over the complaint of CJP and Zakia Jafri, the complainants have to be heard. Modhwadia claimed that the SC verdict was a victory for the complainant at a time when no agency in the state refused to take the complaint. "The SC verdict has exposed those who are running a campaign to malign Gujarat. The SC while giving a clean chit to Modi has accepted the findings of SIT which has also found no evidence against the CM," said BJP state president R C Faldu. Faldu said that the verdict has not only given a clean chit to Modi, but it is a statement that the state government is committed to ensuring justice to the victims. He claimed that those who are conspiring against the state have been exposed in the SC judgment. He stated that the SC has not only denied the request for a CBI inquiry, but has also upheld the verdict of the SIT. (Times of India 13/9/11) SC hands off, Modi hand-wringing in BJP (7) New Delhi, Sept. 12: The Supreme Court today left it to a Gujarat sessions court to decide whether chief minister Narendra Modi should be prosecuted in a riot case dealing with the deaths of 69 people in 2002. Although the court did not make any observations on the merits of the case, the BJP claimed victory and set in motion manoeuvres that appeared to have been driven by an assumption that Modi may now dust off his prime ministerial aspirations. If Modi does throw his hat into the ring, the BJP, which has several leaders eyeing the top post, is certain to go through a churning. ( ) The apex court also decided not to monitor the case, which relates to the killing of former Congress MP Ehsan Jafri and 68 others in Gulbarg Society, any further. However, the three-judge bench made the rare gesture of incorporating in its order the rights of the complainant, Jafri’s widow Zakia, saying the case against Modi cannot be closed without hearing her. Lawyers and rights activists said the apex court’s refusal to decide the matter was not a clean chit to Modi as his supporters were claiming. “This is the due legal process. The case against Modi is initiating, not ending,” said lawyer Mukul Sinha. Some lawyers pointed out that the Supreme Court did not either hand over the case to a court outside Gujarat or direct that an FIR be lodged. Neither did it ask for a further probe by the CBI. However, others said such decisions are incumbent upon how the trial court conducts itself while considering the evidence. Soon after the verdict, Modi tweeted “God is great” while Zakia told reporters she was “extremely disappointed”. Later, however, she and Citizens for Justice and Peace, the NGO that has been supporting her, welcomed the verdict. The top court had earlier asked a special investigation team (SIT) to “look into” a complaint by Zakia that Modi had conspired and abetted the massacre in connivance with ministers, bureaucrats and senior police officers. Today’s judgment came after the SIT, which had questioned Modi for nine hours in March, apparently said the evidence against him was not conclusive enough to send the case up for trial. The amicus curiae (a lawyer acting as “friend of the court”) too is believed to have said the charges need to be probed further before a decision can be taken. The court, without going into the contents of the SIT’s or amicus curiae’s reports,


sent all the material to the sessions court. That court must now decide whether to try Modi and the others, or close the case, or order a further probe. However, the apex court said that if the SIT advised the case should be closed, the sessions court must issue a notice to Zakia, give her a copy of the SIT report and hear her before making up its mind. These are standard rights that complainants enjoy under the criminal procedure code, but court orders do not generally mention them. In its brief order, the court referred to Zakia as one of the “hapless victims of the abominable and woeful events which took place… after the abhorrent Godhra incident….” A release from Citizens for Justice and Peace said the court order had gone “far beyond” its plea for a CBI probe and FIR against Modi. It interpreted the order as a direction to the SIT “to chargesheet all accused on the basis of our complaint”. In 2006, Zakia had sought to lodge an FIR against Modi and 62 others, including 11 state ministers. None of the 63 figures in any of the FIRs or chargesheets pending in the trial court. (Telegraph 13/9/11) Three killed in Rajasthan town clash (7) Jaipur: Three persons were killed and more than 25, including police personnel, injured when two communities clashed in the Rajasthan town of Gopalgarh in Bharatpur district on Wednesday. It was not clear whether the deaths were due to exchange of fire between the two communities or the police firing which followed. Six police station areas — Gopalgarh, Kaman, Nagar, Pahari, Jurera and Sikri — have been brought under curfew while prohibitory orders are in force in the whole of Bharatpur district. Reports reaching here said the violent mob set fire to shops and houses and indulged in large-scale vandalism damaging properties belonging to the rival group. Superintendent of Police Hinglaz Dhan said the situation is tense but under control. Reinforcements have been sent to the area from the neighbouring districts and Jaipur. The SP and Collector are camping in the area. Chief Minister Ashok Gehlot, who was away in the districts in connection with the launch of the “Janani Shishu Surksha Yojna” during the day, called a meeting to assess the situation soon after his return to the capital in the evening. The meeting was attended by Home Minister Shanti Dhariwal, Chief Secretary S. Ahmed, Additional Chief Secretary (Home) P.K. Deb and senior police officials. Gopalgarh, a small town not far from the Uttar Pradesh border, has been simmering for two days with one community disputing allocation of land for a burial site to the other on the plea that it was common land and once a community lake. The authorities had initiated a dialogue between the two communities and their representatives had almost reached an agreement to settle the issue amicably. However, the situation seemingly got out of control around noon. (The Hindu 15/9/11) Indefinite curfew continues in Gopalgarh ; 2 more bodies recovered (7) Bharatpur/Jaipur, Sep 15 : Two more bodies were recovered from violence-hit Gopalgarh town today even as indefinite curfew imposed in the town and neighbouring areas at Kaman region of this district yesterday after communal violence continued today without relaxation. Additional Chief Secretary(Home) P K Deb said in the state capital here this evening that two more bodies were recovered today taking the toll in the violence-firing to six so far. Mr Deb said the autopsy of only two deceased were conducted so far of which one person was found killed of police bullets. Meanwhile, the situation was now peaceful but tense and no untoward incident was reported from anywhere overnight. Although there was no relaxation in curfew, but women were allowed to come out of their houses to fetch water from well and buy essential items like milk and vegetables. The state government has announced a relief of Rs five lakh to the next of kin to deceased, while Rs two lakh would be paid to seriously injured. The probe into the entire episode had been entrusted to senior IAS VS Singh. Chief Minister Ashok Gehlot reviewed the situation at a high level meeting at the CMO at the State Secretariat here this afternoon. Curfew was clamped in Gopalgarh and areas under neighbouring seven police stations following incidents of firing, arson, looting and clashes between people of two communities yesterday. A tiff over conversion of village-pond land into graveyard, had taken an ugly turn when groups of two communities looted and set afire some shops and other properties and indulged in stone throwing and cross firing. Police also opened fire and later clamped curfew to control the situation. Nine of the 16 injured were admitted in SMS Hospital of Jaipur. The Chief Minister visited the hospital today to meet them. (New Kerala 16/9/11) Narendra Modi should resign on moral grounds: Congress (7) Ahmedabad: The Congress Sunday took a dig at fasting Gujarat Chief Minister Narendra Modi for his remark that there was no police complaint against him for the 2002 riots, and said he should resign on moral grounds. Congress leader Shankarsinh Vaghela, who is on a parallel fast to protest the Modi


regime's “corruption and wastefulness”, said the chief minister was correct in saying that there was no first information report (FIR) against him. “He is right. It is very difficult to lodge FIR against anybody... I am worried that FIRs were not lodged,” Vaghela told a news channel. He said Modi should resign on “moral grounds”. “He should take moral responsibility that people have been killed and it was responsibility of police (to protect them),” Vaghela said. The Congress leader alleged that police were told after the riots not to “do anything” as “reaction had taken place (to Godhra train incident).” He said whether they were Hindus or Muslims, people killed in the riots were Gujaratis. “Where was law and order...Ehsan Jafri was half-an-hour on phone,” Vaghela said, referring to former party MP who was killed in the riots in Gulberg Society here. Veghela said police did not come to Jafri's rescue. The Congress leader said the Supreme Court “had not given clean chit” to Modi in the Gulberg Society case. “The magistrate will decide..It is propaganda by the BJP,” he added. (DNA 18/9/11) Mallika Sarabhai detained on 2nd day of Narendra Modi's fast (7) Ahmedabad: Questions about the 2002 riots returned to haunt Narendra Modi on the second day of his fast with the Gujarat Chief Minister hedging on whether he accepted moral responsibility for the postGodhra violence that claimed the lives of many Muslims. One of the key allies of NDA, JD(U) which is not in tune with Modi and decided not to join his fast, today came out openly against him, saying a person who has "failed to follow Rajdharma" with the six crore people of his state won't be able to do justice with 125 crore people of the country. At least 25 persons, including activist Mallika Sarabhai, were detained as 2002 Gujarat riot victims were today barred in Naroda area from protesting against Modi's fast for communal harmony. A combative Modi retorted "What is this thing?" when a reporter asked him whether he accepted moral responsibility for the violence that took place in Gujarat in 2002 after the Sabarmati train carnage. "You people like to stretch such a lie that you like." Asked in what way he would regret the killings that took place in the state then, he only said, "I have talked about it elaborately in my letter today. I had made a statement then also, but you people forgot it when it is truth. You (the media) are always looking for gossip and if you like a lie, you stretch it to any extent." In an open letter to the countrymen on the eve of his fast, Modi had stated in what was being interpreted as the first sign of regret for 2022 riots that "as a Chief Minister of the state, pain of anybody in the state is my pain. (Delivering) Justice to everyone is the duty of the state." To a question, Modi denied that he was celebrating the Supreme Court order on the Ehsan Jafri murder case and instead said he was merely fasting. "Who is celebrating? I am only fasting. Is this celebration? And what verdict are you talking about. Has there been a single FIR against Modi in any police station. Has Modi been named in any case on the Gujarat violence?," he instead questioned. On whether he wanted to play a bigger role in national politics, Modi said "Every chief minister is playing a role in national politics. I am already working for my country and doing it a service." Asked specifically on whether he intended to play a bigger role within the BJP, Modi humbly said, "I am small party worker. I am working for Gujarat, I am working for my party and for my country." About his refernece to "genuine mistakes" during the last 10 years and whether this was his way of expressing regret for the 2002 riots, Modi side-stepped a direct response saying no individual can claim to be perfect. He said while constructive criticism is always welcome in a democracy, allegations without any basis being repeated again and again served no purpose. At least 25 persons, including post Godhra riot victims of Naroda Patiya area, Mukul Sinha of NGO Jan Sangharsh Manch (JSM) and Sarabhai were detained when they tried to protest against Modi's Sadbhavana fast in Naroda area, police said today. Naroda Patiya had witnessed the worst ever riots incident in 2002, when more than 90 people were killed. "Police tried to prohibit riot victims meeting at Naroda Patiya by denying permission today," JSM convener Sinha told reporters before being detained by the police. Police has cordoned off the Naroda Patiya area to stop the riot victims from attending the meeting, Sinha said adding, "The real face of Modi's Sadbhavana is now exposed." A large number of people tried to enter Modi's fast venue-the Gujarat University Convention hall here-and police resorted to baton-charge to control them. The large crowd turnout prompted BJP leader Shahnawaz Hussain, among the several BJP leaders who descended at the venue, to say that Muslims in Gujarat have accepted Modi's governance. "The perception of BJP and Modi being anti-minority is not correct. The fact is that Muslims in Gujarat are progressing," he said. (The Financial Express 18/9/11) Narendra Modi bribed my lawyers to derail PIL on 2002 riots: Mallika Sarabhai (7) Ahmedabad: Noted danseuse Mallika Sarabhai today accused Gujarat Chief Minister Narendra Modi of using public funds to "bribe her lawyers" in an attempt to derail proceedings of the PIL filed in the


Supreme Court by her on the post-Godhra 2002 riots case. Sarabhai had filed a PIL in April 2002 in which she contended that the state administration and Modi were 'complicit' in the 2002 riots in the state. "Chief Minister Narendra Modi had called the then State Intelligence Bureau (SIB) chief R B Sreekumar and another IPS officer Sanjiv Bhatt, who was his deputy in SIB at that time, and asked them to pay my lawyers Rs 10 lakh to derail the proceedings of PIL filed in the Supreme Court by me," she alleged. Sarabhai provided to the media, copy of an affidavit filed by Sreekumar recently before the G T Nanavati and Akshay Mehta Commission probing the riots here. "Police officer Sanjiv Bhatt had also in his deposition in May to the Nanavati Commission said that he was given instructions by Shri Narendra Modi to use secret services' money to bribe the lawyers who were involved in my case to delay what the Chief Minister felt was a very dangerous PIL for the health of the government," she claimed. "I then went to the (Nanavati) Commission and asked them if I could cross examine Sanjiv Bhatt and who was then Sanjiv Bhatt's boss and whether Mr Sreekumar was also involved," Sarabhai said. "The Commission turned me down and I then wrote to them saying that Sreekumar should be asked to file an affidavit about this. The Commission gave me the permission and I requested Sreekumar, on behalf of the Commission to file an affidavit, which he filed on Friday," she said. What has been revealed in Sreekumar's affidavit is not only shocking but is a criminal activity and is a definite attempt by Modi to derail the process of the Supreme Court. It is also a contempt of Court, Sarabhai alleged. "The day after Mr Sreekumar took-over as the chief of IB and a couple of days after I filed my PIL in the Supreme Court, Sanjiv Bhatt and Sreekumar were called to the Chief Minister's office," Sarabhai said, sharing contents of the affidavit filed by Sreekumar. "As soon as they entered the Chief Minister's office according to Mr Sreekumar's affidavit Modi asked him 'do you know about Mallika's case?' and Sreekumar said 'no I don't'," she said, quoting the affidavit. "So the Chief Minister said 'the PIL she has filed is extremely dangerous for the government and I have sanctioned Rs 10 lakh that can derail this, Sanjiv Bhatt knows about it, please give him Rs 10 lakh from your secret fund'," she added. "To which Sreekumar said that there was no money in the secret fund. So the Chief Minister told him, 'I will see that the Chief Secretary arranges this money and Sanjiv has all the information about it'," Sarabhai said. "Mr Sreekumar states that he went to the then DGP K Chakravarthi and asked for written orders. Mr Chakravarthi called him back later and said, 'written orders are not necessary, the money has been arranged, sign a receipt to put it down in your register that this transaction has happened'," she said. "And Sreekumar says that it is there in his register," the danseuse said. "He (Sreekumar) asked Sanjiv Bhatt what was going to happen and Bhatt told him that my lawyers Krishnakant Vakhariya and Co and my advocate on record in Delhi were going to be bribed by the Chief Minister of the state to derail thePIL in the Supreme Court," Sarabhai said. The whole operation was carried out by then MLA Amit Shah, she alleged. "Sanjiv Bhatt went and gave the money to Amit Shah who in turn, I believe and am told by my sources, gave it to Tushar Mehta in Krishnakant Vakhariya's office, while Krishnakant Vakhariya claims that he knows nothing about this but hi junior Tushar Mehta," Sarabhai said. "It is believed and my resources have proof of this that this money was then either shared between Mr Mehta and my lawyers on record in Delhi Aggarwal & Associates or given entirely to Mr Mehta or to Aggarwal and Associates," she said. "So that all the strategy planning that we did was immediately reported to the Chief Minister, who could then brief the government's advocate, who were fighting the case against me in the Supreme Court," she said. Sarabhai alleged that Modi was not only using public funds to bribe, but also indulged in a criminal activity of bribing anyone to officially derail something that is under court's process. "This is contempt of court, because this was an investigation going on in the Supreme Court," she said. The Gujarat government's reaction to Sarabhai's allegations was not immediately available. (The Financial Express 18/9/11) On day 2 of fast, Modi faces ire of riot victims (7) AHMEDABAD: At least 25 persons, including activist Mallika Sarabhai, were detained as 2002 Gujarat riot victims were today barred from protesting against Chief Minister Narendra Modi on the second day of his fast for communal harmony. Post-Godhra riot victims of Naroda Patiya area, Mukul Sinha of NGO Jan Sangharsh Manch (JSM) and Sarabhai were among 25 people detained when they tried to protest against Modi's Sadbhavana fast in Naroda area, police said. Naroda Patiya, about 8 kms from the fast site at Gujarat University Convention hall, had witnessed the worst ever riots incident in 2002, when more than 90 people were killed. "Police tried to prohibit riot victims meeting at Naroda Patiya by denying permission today," JSM convener Sinha told reporters before being detained by the police. He said that JSM and riot victims of Naroda Patiya would go ahead with their protest despite not getting permission from police. Police have cordoned off the Naroda Patiya area to stop the riot victims from attending the


meeting, Sinha claimed, adding, "The real face of Modi's Sadbhavana is now exposed." A large number of people, meanwhile gatherd at the venue of Modi's fast for peace, unity and harmony under 'Sadhbhavna Mission'. At one point of time, police resorted to baton-charge to control the large crowds which tried to enter the Gujarat University Convention hall here. The large turnout prompted BJP leader Shahnawaz Hussain, who was among the several BJP leaders who descended at the venue, to say that Muslims in Gujarat have accepted Modi's governance. While BJP leaders exulted, the riot victims in an open letter to the Chief Minister today said that, "No amount of power or arrogance gave Midas his glass of water nor will you get your 'sadbhavana' with all your developmental publicity." "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?," they asked and dismissed the fast as a publicity stunt. Hussain, however, said Muslims in Gujarat are progressing with the rest of the state and they have shown their acceptance of the government by coming out in huge numbers to support Modi's three-day fast. "The perception of BJP and Modi being (anti-minority) is not correct. The fact is that Muslims in Gujarat are progressing. People have come here; spoke about their view and acceptance of the government. People of minority community in large numbers at the fast in not a fabrication," Hussain told reporters on sidelines of the fast here. "If Gujarat has initiated talk on brotherhood and harmony, why are others getting agitated. I am surprised," he said. The counter fast of Gujarat Congress leaders Shankersinh Vaghela and Arjun Modhvadia against Chief Minister Narendra Modi's 'Sadbhavana Mission' also entered the second day on Sunday. "This fast by Modi is an exercise of image makeover for him to enter national politics but he is not going to succeed in it," Vaghela said. The Congress leaders are observing their fast on the footpath in front of Sabarmati Ashram. "We have taken the common man and party workers along with us in this fast. It is unlike the five-star fast of the Gujarat Chief Minister where several crores of public money has been spent on the arrangements draining the state exchequer," Vaghela said. "They have spent several crores on the fast using the state machinery to organise it... we are sitting here to expose the black side of BJP government before the people of Gujarat," he said. The two Congress leaders spent the night on a cot, covered by a mosquito net, placed on the footpath. An air- conditioned van, equipped with modern amenities and a toilet, has also been stationed at the venue. As BJP leaders flocked to the state to express support for Modi, party spokesperson Prakash Javadekar described the 61-year-old chief minister as a national figure. "He is a national figure. Let us not forget, he is a successful Chief Minister. At the same time, he is the demand of people from all over the country," he said. "I think he is on the national seat.... (He is) dedicated to work on a mission to develop Gujarat, because that is the mandate today.... If he gets a different mandate, he will prove himself then too," he added. Among the BJP leaders who arrived here to extend support to Modi's fast were Karnataka Chief Minister Sadanand Gowda, senior leader Ananth Kumar, party's Delhi chief Jitendra Gupta, Jammu and Kashmir BJP in-charge Jagdish Mukhi, party's Bihar president CP Thakur, BJP Mahila Morcha president Meenakshi Lekhi, besides Vijay Goel, Ashwin Chaubey, Ajit Khatri and Arun Singh. As soon as Mukul Sinha of Jan Sangharsh Manch (JSM) and riot victims reached the Nurani Mosque, they were detained and taken to the Police headquarters in Shahibaug area. Social activist Mallika Sarabhai, who reached the venue later, was also detained. They were detained for protesting without police permission, police said. "Around a hundred of us have been detained by the police at Shahibaugh, on what charges I am not aware of," Sarabhai said. (NIE 19/9/11) Court convicts 24 people for Kandhamal riots (7) Phulbani (Orissa): A fast-track court in Orissa's Kandhamal district on Friday sentenced 24 people to three years of rigorous imprisonment besides slapping a fine of Rs 1,000 each in connection with the 2008 communal riots. Pronouncing the judgement, judge S K Das also acquitted six other persons due to lack of evidence. The convicts were charged with house burning, rioting and unlawful assembly in Kurminga village under G Udayagiri police station in September 2008. In another case, the court acquitted four persons of charges of setting afire a police out-post at Pasara under Tikabali police station in the district in August 2008. The tribal-dominated district had witnessed communal violence in the aftermath of the killing of senior VHP leader Swami Laxmananda Saraswati on August 23, 2008. (Zee News 1/10/11)

Probe ordered into communal clashes in Uttarakhand (26)


DEHRA DUN, October 4, 2011: Uttarakhand Chief Minister B.C. Khanduri on Monday ordered a highlevel inquiry into the communal clashes that broke out at Rudrapur in Udham Singh Nagar district. The death toll reached four with two more persons succumbing to their injuries in the past 24 hours. The situation was reported tense but under control. Curfew was imposed on Sunday to quell violence in the area where mobs torched six shops and scores of vehicles. The Chief Minister, who air-dashed to the area, ordered a high-level probe by Ajay Singh Nabiyal, Divisional Commisioner, Pauri (Garhwal), into the incidents in Bhadaipura mohalla. Mr. Nabiyal will give a report by October 11. Earlier in the day, Mr. Khanduri visited the violence-hit areas and ordered the officials to give a detailed report within a week at a high level review meeting at Kashipur. The meeting was attended by Kumaon Commissioner Kunal Sharma and DIG, Kumaon, Amit Sinha. The Chief Minister has announced an ex gratia of Rs. 1 lakh to the next of kin of those killed. “Innocent people were killed through an act of cowardice and the law enforcement agencies will soon track down the mischief-mongers and bring them to justice,” Mr. Khanduri said adding that no one would be allowed to disturb the communal harmony. Inspector General of Police R. S. Meena said effective steps helped in normalising the situation and people's confidence restored through flag marches. He appreciated the efforts put in by District Magistrate B.V. R. Purushottam and Senior Superintendent of Police G.S. Martolia for meeting community elders and seeking support. Curfew would continue for some time as a precautionary measure, Mr. Meena said. Harbhajan Singh Cheema, Uttarakhand State president of the Akali Dal (Badal) deploring the act, wanted the people of this rich agriculture and industrial belt to forget the damage done — “Please forget the losses and get back to work with increased vigour, love and compassion so that the revenue generation goes up at all levels.” (The Hindu 4/10/11) Rahul visits victims of Gopalgarh violence (7) Amid the continuing blame game over the recent violence in Gopalgarh, Congress general secretary Rahul Gandhi made a surprise visit to the eastern Rajasthan town on Sunday and met the riot-affected people as well as the families of some of the deceased. Union Minister of State for Home Jitendra Singh accompanied Mr. Gandhi during the visit that lasted barely two hours. Mr. Gandhi saw the places where a violent clash between Gujjars and Meo Muslims had occurred on September 14 and went to the Jama Masjid where the police had allegedly resorted to indiscriminate firing. Ten persons were killed in the violence and two dozen injured. The unexpected visit of the two leaders to Bharatpur district without any prior information caught the State Government and the Pradesh Congress Committee off guard. The Special Protection Group personnel accompanying Mr. Gandhi too had a tough time as he went to three villages without caring for the security cover. Stopping short of making any direct observations, Mr. Gandhi told the villagers that all matters among them should be “resolved amicably”. Interacting with the next of kin of the deceased, the Congress leader said he was deeply aggrieved by the deaths and sought details of the clash and firing incident to ascertain the cause of the trouble. Maulana Rashid of Dar-ulUloom Mohammediya madrasa at Meel Kheda told The Hindu that Mr. Gandhi visited Pathrali, Maliki and Piprauli villages. He went to the house of Ruqmuddin at Maliki and interacted with his family members. He was told that the 26-year-old man was hit in his head by a sharp-edged weapon. Mr. Gandhi travelled to Piprauli village riding pillion on a motorcycle, with the SPG men following him on other motorbikes. He spoke to the family of deceased Mohammed Iqbal, whose father Chander Khan has lodged an FIR against the then Bharatpur Collector and Superintendent of Police with the charge of murder. Villagers from the surrounding areas gathered in large numbers at Piprauli on hearing about the Congress leader's visit and narrated the sequence of events that led to the death of 10 persons. “We told Mr. Gandhi that all of them were the victims of police brutality and the post-mortem had confirmed [the death of] three persons in firing,” said Maulana Rashid. Mohammed Arshad of the Meel Kheda madrasa and other village elders took the two leaders to the mosque, where they spent about 10 minutes and looked around for traces of bloodshed and ransacking. Mr. Gandhi was quoted as saying that he could understand the “extent of damage” caused at the mosque. He asked the locals to maintain peace and communal harmony. Regarding Mr. Gandhi's unannounced visit, the Pradesh Congress Committee in Jaipur said this was the characteristic style of the Congress general secretary. “Mr. Gandhi has done this before at [other] places. His visit will help strengthen people's confidence and speed up the [return of] normality,” PCC president Chandrabhan told reporters here. The Rajasthan Muslim Forum – which has demanded the resignation of Chief Minister Ashok Gehlot for his “inept handling” of the clash – said Mr. Gandhi's trip should translate into “strong political action”. “Now that Mr. Gandhi has witnessed the [scale of] carnage,


he should take urgent action to restore the faith of minority communities in the Congress regime,” said Forum convenor Qari Moinuddin. (The Hindu 10/10/11) 25 killed, 300 injured as clashes erupt in Egypt (7) Cairo At least 25 people, including three soldiers, were killed in deadly clashes between Christians, Muslims and security forces in the Egyptian capital, the worst unrest since the uprising that toppled the Mubarak regime. The violence erupted after Coptic Christians protesting against an attack on a church in Aswan clashed with security forces outside the state TV building, but violence soon spread to Tahrir Square, epicentre of the demonstrations that forced Mubarak out in February. Reports of protesters being crushed by military vehicles further heightening tensions, BBC said. About 1,000 Christian protesters on Sunday night tried to stage a sit-in outside the television building in downtown Cairo. The protesters said they were attacked by thugs with sticks and the violence then spiraled out of control after a speeding military vehicle jumped up onto a sidewalk and rammed into some of the Christians. Most of the 24 killed were Coptic Christians, though at least three soldiers were among the dead. Nearly 300 others were injured and dozens were arrested. The latest clashes on Monday broke out outside the Coptic Hospital where many victims were taken the night before. Screams of grieving women rang out from inside the hospital and hundreds of men outside held wooden crosses. Empty coffins were lined up outside the hospital. Prime Minister Essam Sharaf held an emergency meeting to contain the crisis as the military rulers ordered a swift probe.“These events have taken us back several steps,” Sharaf said. He put the blame on foreign meddling for the troubles, claiming it was part of a “dirty conspiracy”. European leaders expressed alarm at sectarian clashes and urged post-revolution authorities to uphold religious freedom. “I am very concerned, very alarmed,” British Foreign Secretary William Hague said as he arrived in Luxembourg for talks with his 26 European Union counterparts, where the events in Cairo suddenly took centre stage. Italian Foreign Minister Franco Frattini said EU foreign ministers had agreed at the talks “to condemn the violence against Christian Copts in Egypt” in a statement. “There must be an end to this violence against Christian communities,” he added. (Mumbai Mirror (11/10/11) SIT wants Supreme Court amicus curiae as witness (7) AHMEDABAD: The Supreme Court (SC) appointed Special investigation Team (SIT) probing the 2002 riots is ready to make the amicus curiae in Zakia Jafri's case, Raju Ramchandran, a witness in the postGodhra Gulbarg massacre. Sources said that an SIT official has written to Ramchandran saying if they accept his findings in the case, then he would have to become a witness in the case. The SC had on September 12 referred Jafri's complaint back to a local court in Ahmedabad and said it would not monitor the case. The apex court also asked the trial court in Gujarat to decide on the case on the basis of the SIT's report, along with the report of the amicus curiae. SIT officials told TOI that Ramchandran has made some shocking revelations in his report, submitted to the SC on July 25. The court had asked Ramchandran to independently inquire into Zakia's complaint after he had pointed out loopholes in SIT's investigation. The court had later passed on the report to the SIT. Sources said that in his report, Ramchandran has charged chief minister Narendra Modi with making inflammatory speeches after the Godhra train-burning incident on February 27, 2002. He has also said there is some credence in the call data that IPS officer Rahul Sharma has collected of February 28, 2002. Sharma had collected the data on a CD which includes call records of police officers, politicians and riot accused. Ramchandran has also said that senior IPS officers M K Tandon and P B Gondia should have been arrested for their negligence in the Gulbarg massacre in which 68 people, including former Congress MP Ehsan Jafri, were killed. Tandon, who has retired, was joint commissioner of police in 2002. Gondia was deputy police commissioner in Ahmedabad during the riots and is deputy inspector general of police in the CID (crime) at present. Ramchandran has added in the report that he can't deny suspended IPS officer Sanjiv Bhatt's claim that he was present at controversial meeting at the chief minister's bungalow on February 27, 2002. Bhatt claims Modi had told cops to go slow on Hindu rioters in the meeting. Sources added that that the SIT is waiting for Ramchandran's reply before submitting its report in a local court. When contacted Ramchandran said he had not received any communication from the SIT. The BJP had called the SC order on September 12 a 'clean chit' for Modi, who himself tweeted 'God is great' within minutes. Modi had immediately announced his his Sadabhavana fast which was held from September 17 to19. (Times of India 20/10/11) Godhra commission has cost govt 6.3 crore (7)


AHMEDABAD: The state government has till date spent Rs 6.32 crore on the Godhra commission that was set up more than nine years ago to probe the 2002 violence. The expenses include the fees paid to 20-odd lawyers, who have been appointed as government pleaders. Out of the total spending, an amount of Rs 4.53 crore has gone towards salary of the two judges and the staff members of the commission. Besides, an amount of Rs 1.5 crore has been diverted to meet miscellaneous requirements of the probe panel. This information has been revealed by the commission's secretary C G Patel in response to a query put forth by an RTI activist, Vinod Pandya. The reply states that more than Rs 28 lakh has been paid towards fees of lawyers from 2002. However, payment made to those seven lawyers who have represented the state government after 2004 does not find any mention in this statement. Commenting on the expenses incurred on the inquiry, Pandya said, "Justice is never imparted through setting up of such commissions, and this is nothing but wastage of time and public money. It is evident from this huge spending how government pleases retired judges and officials by appointing inquiry panels." Among 20 lawyers appointed by the government, nearly half of the amount has been paid to advocate Arvind Pandya, who was removed after he was shown accusing the commission in a sting operation. However, there is no account of payment to seven lawyers appointed after 2004. This commission was set up as one-member Justice K G Shah Commission by the Narendra Modi government to inquire into the riots in March 3, 2003. Justice G T Nanavati was made chairperson of the panel after few days. A year later, the scope of its inquiry was widened as a probe into the role of ministers was also conducted. Since its inception, the probe panel has got extensions on 16 occasions, the last one being on June 20 till December 31 this year. It has probed 4,145 cases till date and has come up with a report in September 2008 on the incident of fire in coach no S-6 of Sabarmati Express near Godhra with the conclusion that it was a pre-planned conspiracy. Justice Nanavati was appointed in an inquiry commission to probe the 1984 anti-Sikh riots in 2000. He submitted his report within five years. Justice Liberhan commission took 17 years and Rs 8 crore to come up with a report on the Babri Masjid demolition. Justice B N Srikrishna commission took three years to complete inquiry into post-Babri Bombay riots. (Times of India 2/11/11) First whiff of justice for Gujarat riot victims (7) MEHSANA, November 10, 2011: A special court here on Wednesday sentenced 31 persons to life imprisonment and fined them Rs.50,000 each for burning 33 Muslims alive at Sardarpura in Mehsana district during the 2002 communal riots in Gujarat. Special court judge S.C. Srivastava, who is the Principal District and Sessions Judge of Mehsana, however, acquitted 42 other accused, 11 of them for lack of evidence and the remaining 31 got the benefit of the doubt. The 31 accused have been asked to submit a solvency bond of Rs.25,000 each and not to leave the country without the court's permission. Legal experts said the verdict created history as it was the first case in which a large number of people were convicted for mob violence. It broke the record of the Bhagalpur riots case, in which 14 persons were convicted. The court did not accept the prosecution's charge of criminal conspiracy under Section 120 (B) of the Indian Penal Code, which could have attracted the capital punishment, against any of the accused and concluded that the incident took place on the spur of the moment, on the night of March 1, 2002, two days after the February 27 Godhra train carnage. Of the 76 accused in the Sardarpura massacre, two died during trial. One male was found juvenile, and the case against him is going on in the juvenile court. The case was prosecuted by a Special Investigation Team, headed by a former director of the CBI. The Supreme Court, which received complaints that the Gujarat police were shielding the rioters, asked the SIT to probe nine incidents of mass violence and get the High Court to set up special courts to try the cases. The 31 convicted have been charged with murder, attempt to murder, rioting and other offences under the IPC, while the charges of criminal conspiracy against them were dropped by the court. Among the IPC Sections applied included 302 (murder) read with other Sections , attracting punishment from one month to 10 years of imprisonment, all to run concurrently. Among the 31 convicts were 30 from the Patel community and one ‘Prajapati,' one of the “other backward communities.” They included the then sarpanch of the Sardarpura village, Katrabhai Tribhuvandas Patel, and a former sarpanch Kanubhai Joitaram Patel. After the Godhra incident, in which 59 Hindu passengers, mostly Karsevaks, were burnt to death, riots broke out across the State. According to the relatives of the victims of the Sardarpura violence, a mob of over 500 people surrounded a lane named Sheikh Vaas, where the Muslims of the village lived, on the night of March 1, 2002. Fearing the worst, 70 residents took shelter in the only ‘pucca' house in the locality, owned by a person called Ibrahim Sheikh. The mob attacked the house and set it afire. It later threw in an exposed electric wire. While 33 people, including 20 women and 11 minors, were charred to death, the rest were rescued by the police some three hours later. (The Hindu 10/11/11)


RSS to launch campaign against Communal Violence Prevention Bill (7) Sangareddy: The Rashtriya Swayamsevak Sangh (RSS) will campaign against the proposed Communal Violence Prevention Bill. The Bill is expected to be introduced in the coming session of Parliament. As part of that the campaign, letters will be addressed to Lok Sabha members by people of their respective constituencies. Addressing a media conference here on Thursday, RSS Vibhag pracharak N. Shiva Kumar, Dharma Jagaran in-charge P. Suveer, VHP district president Ramdas and Dattatreya Chowhan said that the Bill would harm the interests of the nation and the majority Hindu community would suffer if the bill was passed. “The campaign is being held from November 5 to 20 to create awareness among the people and also to impress upon Members of Parliament the need to oppose the Bill keeping in view the national interests instead of bowing to vote bank politics. People will write to their elected members about this,” they said. (The Hindu 11/11/11) Six Hindu Vahini activists arrested for string of attacks (7) Hyderabad, November 13, 2011: Police on Sunday arrested six activists of Hindu Vahini holding them responsible for the string of attacks at different places in city five days ago. The accused had planned the attacks targeting members of a particular community believing that the latter resorted to cow slaughtering during the recently held Bakrid, the investigators said in a press release. The arrested, S. Sadanand, 27, electrician, Shakthi Vinod, 24, car driver, K. Unni Krishna, 23, junior artiste, Pabha Bhargav, 21, degree student, S.V. Santosh, 22, fashion technology student, and P. Kalyan, 26, job seeker, were remanded in judicial custody. They assembled at Baghlingampally park on the night of November 8 and set out for the attacks on two-wheelers from Tilaknagar crossroads carrying knives and iron rods. They first stabbed Md. Omer Farooqi at Harraspenta graveyard in Nimboliadda with a knife while he was riding a bike along with his friend. Irshad Hussain became the second victim when they attacked him with a rod at Narayanaguda. The accused targeted Syed Meraj and Syed Mustaq Ali near Baghlingampally after intercepting the Tata Ace vehicle they were travelling in. A little after midnight, they Azam Pasha and Idris Ansari at Balamrai and sped away on the bike. Three hours later, they attacked one more person, Aziz at Centre Point hotel in Bowenpally. Sadanand was arrested in communal attack case in Moula Ali in April, 2010. Police stepped up security at all communally sensitive places in the city following the spree of assaults by ‘unidentified persons’. Demonstrations held by some parties the next day demanding arrest of the accused mounted pressure on the police in clueless case. However, description of the accused given by the victims helped them narrow down on suspects and finally the accused were caught by the Commissioner’s Task Force sleuths on Sunday. (The Hindu 13/11/11) Kandhamal riots: ex-MP appears before commission (7) CUTTACK, November 16, 2011: Former MP R. K. Naik on Tuesday appeared before the Justice Basudev Panigrahi Commission of enquiry which is probing into the Kandhamal riots of 2008. Although, the Congress leader had not made an affidavit before the enquiry panel, the Commission had summoned him as per Section 8-B of Commission of Enquiry to appear before it in the interest of justice as there were allegations against him for inciting communal riots in the area. At least two affidavits were filed before the Commission alleging that the former MP, who is a Christian, was involved in deep-rooted conspiracy to spread hatred among people of different religions. In view of the serious allegations against the MP, the Commission felt it was necessary to summon the political leader to make his stand clear over the allegations levelled against him. Responding to the summons, Naik on Monday had made an affidavit denying his role in the riots three years ago and his cross examination was scheduled on the day. Naik, during cross examination vehemently denied that he was a Christian and claimed that he is a dalit Hindu and had never converted his religion. But he disclosed before the Commission that his wife is a Christian and their marriage was solemnised way back in 1960 in a Church at Sambalpur under Christian tradition. Naik, in the cross examination also said in affirmative that his two daughters have been married to Christians while his only son has married to a girl of Russian native. He also denied having any role in the Kandhamal riots of 2008. “For most part between 2004 and 08, I stayed in New Delhi and I have no role in the riots”, he told the Commission when he was cross examined. Along with Naik another prominent Christian personality Isac Behera, against whom also similar allegations were levelled, was also summoned by the Commission. Although, Behera has filed affidavit, his cross examination scheduled on the day could not commence due to paucity of time. (The Hindu 16/11/11)


‘Communal conflict in India has shown a surge in recent months' (7) NEW DELHI, November 17, 2011 : On July 6 this year a large number of men and a few minor boys were arrested and put behind bars in Moradabad district of Uttar Pradesh after their protest against alleged disrespect to the Holy Quran by the local police turned violent. However, Subhashini Ali, vice-president of the All India Democratic Women's Association, said on Wednesday that leave alone action against the persons involved, even people within the State do not know of the incident. Speaking at a convention against communal conflict here at the Constitution Club, Ms. Ali used the Moradabad incident to highlight the cases of police atrocities against minorities in the country. “Four minors were shot at, one of them succumbed to the injury on October 19….and despite proof, the Government has not done anything to secure the release of the minors who have neither been put in juvenile detention nor are being tried in juvenile courts,” she said. Victims of police atrocity from Bharatpur in Rajasthan, Arria in Bihar and Moradabad gave a chilling account of how they were prosecuted and their kin killed and yet no action was taken against those responsible. Families recounted how they lost young children, earning hands and even an unborn child in one case and how they continue to struggle for justice, which so far seems elusive. AIDWA members alleged that in recent months communal conflict and violence in several States has shown a surge and in each incident, unfortunately, members of the minority community have had to bear the brunt of the violence and destruction. “From Forbesganj and Gopalganj in Bihar, Bharatpur in Rajasthan, Rudrapur in Uttarakhand to Moradabad in UP, it was a tale of police and administrative onesided action; firing by police, followed by attack on the minority community, followed by harassment and arrest of the innocent,” AIDWA office-bearers pointed out. Citing examples of inaction against the perpetrators of violence, AIDWA referred to the cases of Mustafa, who succumbed to police firing in Forbesganj, Zakir of Gopalganj who was shot at and killed by the police in the mosque and of Moradabad where Kamil is in custody for no reason. Brinda Karat, CPI(M) Polit Bureau member and AIDWA patron, used the Gujarat example to pin the government for failing to protect the witnesses. She accused the Narendra Modi government of bringing in “fascist power” in the State. She said witnesses are being intimidated and killed. “In 2006, the Law Commission prepared a report, about the draft Bill on witness protection. It has two parts, witness identity protection and witness protection; till date the UPA Government has not been able to move it,” she said. Ms. Karat also accused the Centre of maintaining a tacit silence and dilly-dallying over framing of a concrete witness protection act. Referring to suspended IPS officer Sanjiv Bhatt, who implicated Narendra Modi in the 2002 riots, Ms. Karat claimed people in Gujarat lived in an environment of fear as “those who dared to question were silenced and persecuted.” Shweta Bhatt, wife of suspended IPS officer Sanjeev Bhatt who was also present at the occasion and was felicitated by AIDWA, expressed solidarity with the victims and urged them to continue fighting. “Problems do not end by talking about them, we need to fight them. Everyone has strength inside them and like I have been fighting, everyone should fight too,” she told the victims. (The Hindu 17/11/11) ‘Table Communal Violence Bill early' (7) Mumbai, November 19, 2011: The United Progressive Alliance government has not delivered on its promise of bringing in legislation against communal violence. After initial talks, the Centre has fallen silent on the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill which needs speedy tabling, a panel comprising drafters of the legislation said at a meeting here on Friday. “Not just the leadership, but the executive too have failed to give equal justice under the existing law and this failure has gone unchecked,” National Advisory Council (NAC) member Harsh Mander said. On the argument about biased approaches toward the accused along communal lines, Mr. Mander cited the instance of the recently released accused of the Malegaon 2006 blast case. In this case and several others before it, “as long as the accused were Muslims, flimsy allegations, rumours were enough to keep them in jail. But when the accused is from the Hindu faith you need the highest standard of investigation and proof,” he said. Another NAC member Farah Naqvi said: “Today the ball is firmly in the government's court. For four months the government has been silent. We waited for a democratic dialogue to take place to address the concerns. If the UPA is sincere, they should do it now.” Former Judge Hosed Suresh questioned the delay to bring in the law. “Are we to go on a fast? People know what happened in this country. We have enough laws, but what happened with them? We need a new law to care for those who have been targeted. The government should not hesitate to table the Bill in the Parliament.” “We are still debating this [bill] when it should have been a law by now.” Mr. Suresh said fears that the law would not be able to stand Constitutional scrutiny were needless. “We have defined women and scheduled castes and tribes in the Constitution. I find no justification that it will not stand Constitutional scrutiny,” he said.


Mr. Mander said when the Constitution was framed, the “expectation” was that “the State and the police would stand by the victims, be fair and defend the Constitution and the citizens without any partisanship, prejudice, discussion or hatred.” This vision was far removed from the reality. Official complicity in a crime was a crime “of a different nature,” Mr. Mander said. The Bill made officials “criminally accountable” for dereliction of duty. “While our criminal justice system was structured around the rights of the accused, while the State's responsibility was to protect the victims. But what happens when the State is on the side of the accused? Then there is systematic subversion of justice,” Mr. Mander said, pointing to a large number of cases in the Mumbai riots and Gujarat being summarily closed. Ms. Naqvi said the Bill encompassed forms of brutal sexual assault on the bodies of women, which had no definition in the existing Indian Penal Code laws related to women. “This law creates new sexual offences. The kind not recognised in the existing laws. If a woman's body has been mutilated [in the private parts] she cannot prove it's rape. This law defines sexual assault for the first time. We want the government to put these definitions in the current laws,” Ms. Naqvi said. She sought to dispel the notions that communal violence was a thing of the past. “Paramakudi, Moradabad, Gopalpur, Rudrapur; how many more victims, SITs [Special Investigation Teams], CBI [Central Bureau of Investigation] enquiries, Supreme Court interventions are needed?” she asked. (The Hindu 19/11/11) Teesta doctored evidence: Ex-aide to SC (7) NEW DELHI: Social activist Teesta Setalvad's former aide Rais Khan Pathan has filed an affidavit in the Supreme Court alleging manipulation of evidence, which were in the form of statements of witnesses, by her in five sensitive post-Godhra riot cases. Rais Khan had filed an affidavit before the trial court in Naroda Gam case making similar allegations and the Gujarat High Court had directed registration of a complaint case on that basis. However, the Supreme Court in July stayed proceedings against Setalvad and issued notice to her ex-aide, who opened a front against her after she disassociated him from her organization Citizens for Justice and Peace (CJP). Rais Khan, in an affidavit filed in response to the apex court notice, narrated his long association with Setalvad and CJP and said though he was getting salary from CJP, he was given an identity card of a press reporter purportedly working for the magazine 'Communal Combat' edited and published by her. Alleging that he was employed to convince witnesses to give statements in riot cases, Rais Khan said, "On the basis of hundreds of such false and fabricated affidavits prepared by CJP, the Supreme Court considered to transfer riot cases outside Gujarat." The Supreme Court had transferred the trials in two riot-related cases - Best Bakery and Bilkis Bano rape outside Gujarat to Mumbai on the allegation that fair trial was not possible in a surcharged atmosphere where witnesses faced threats from the influential accused persons. Rais Khan went on to give certain details to allege "wrongdoings by Setalvad" in alleged collusion with advocate Sohel Tirmiji in five sensitive riot cases - Naroda Gam, Sardarpura, Gulbarg Society, Best Bakery and Pandarwada. These were among the nine sensitive cases which were probed by a Special Investigation Team headed by former CBI director R K Raghvan under monitoring of the apex court. Rais Khan said he was sacked by Setalvad in January 2008 but he started receiving threats from persons close to her only after he wrote to the SIT and Ahmedabad police commissioner in September 2010 intending to clarify his position after some witnesses blamed him for fabricating their affidavits. "Even R B Sreekumar, former additional DGP who works with Setalvad and CJP, spoke to me on November 4, 2010 at length and offered to help in compromising with Setalvad," he claimed. Quoting a portion of the conversation which he had recorded and submitted to the apex court, Rais Khan said Sreekumar told him: "I am not a member of CJP, I request you whatever you do, it should not benefit stupid VHP. All our efforts will go waste. If I can be of any help, please tell me. From your statement, value of evidence will be reduced and (Narendra) Modi will take benefit of it." (Times of India 1/12/11) Bill to stop communal flare-ups will benefit everybody: Janardhana Poojary (7) Mangalore: In an attempt to silence the critics of Prevention of Communal and Targeted Violence Bill, Congress leader B Janardhana Poojary said it was inclusive and would benefit everybody. At a press conference, Poojary said: “It strengthens the federal character of India and emphasises the constitutional rights of movement from one state to another and enjoyment of all benefits of being a citizen of India. No individual, organisation or group can be deprived of constitutional rights based on regionalism, caste or community considerations.” “It’s wrong to say that it is targeted against Hindus. There is no particular mention of any religion. The word ‘minority’ as mentioned in this bill has a vast connotation. It includes not just religious minorities but also linguistic and regional minorities,” he said. “But Sangh Parivar activists


are misinterpreting it as a draconian bill and harmful for the majority community in the country. They may be having their own political agenda by opposing it. But the bill has defined the term ‘minority’ in an inclusive manner,” he said. The bill mentions the state as a unit of the Federation of India where regionalism is growing at an alarming rate. There are interstate disputes of all kinds and there are chauvinistic groups harassing people moving. If this bill is promulgated into an act of parliament, there would not be harassment of Kannadigas in Maharashtra. Their hotels and educational institutions will not be ravaged. There would not be fights between Biharis and Bengalis over jobs. Whoever unleashes violence will be charged under the act, he said. It is not just Muslims and Christians that make up the minorities in India. It also includes Buddhists, Sikhs, Jains and Parsis. In linguistic minorities, even upper class Hindus feature. “In the case of regional minorities, anybody living in another state becomes a minority. So where is the fear of the majority being suppressed,” he asked. (DNA 5/12/11) Kandhamal tribunal seeks SIT to review cases (7) New Delhi, December 11, 2011: The Kandhamal violence of 2008 “meets all the elements of crimes against humanity,” said the report of the Justice A.P. Shah-headed National People's Tribunal on Kandhamal, which was released here on Saturday. The report recommends the constitution of a Special Investigation Team (SIT) to re-examine the First Information Reports already registered, to file fresh FIRs where necessary and to recommend remedial measures where trials had been vitiated because of intimidation of witnesses and lack of evidence. The tribunal has asked for an enquiry covering the acts of all public officials, including Odisha Chief Minister Naveen Patnaik, and sought legal action against those guilty of dereliction of duty, collusion and complicity in crimes. The report, “Waiting for Justice”, is a detailed compilation of the circumstances leading to the violence and the personal accounts of the victims and their relatives recorded in hearings held here. It assesses the overall impact of the violence on women and children and evaluates the processes of justice, accountability and reparations. The report says: “The attacks were widespread and were executed with substantial planning and preparation … Christians who refused to convert to Hinduism were brutally killed or injured [and] human rights defenders have been deliberately targeted for their role in assisting the victim-survivors.” The tribunal sought identification of unreported cases of sexual and gender-based violence and inclusion of the offence of sexual assault in FIRs; appointment of Special Public Prosecutors and a special panel of lawyers to represent the victims at the appellate stage; setting up legal cells to assist victims in their cases and protection of witnesses during and after the trial processes. The tribunal also asked for the maintenance of “minimum international standards of health, hygiene and privacy, especially for women and children, at the relief camps”. Finally, it called for the formulation of a “policy/programme to urgently address the issue of institutional bias against the Christian community through a combination of perspective-building and stringent action intended at upholding the rule of law.” (The Hindu 11/12/11) Pass communal violence prevention Bill: All India Christian Council (7) Pune: The All India Christian Council (AICC), an apex human rights and freedom of faith forum, has urged the Centre to pass the Prevention of Communal and Targeted Violence (Access to Justice and Reparation) Bill 2011. Speaking at a press conference organised in the city on Friday, AICC secretary general, John Dayal said, “This bill should be presented in the Parliament and debated so that it can be passed soon.” Commonly called the CV Prevention Bill, it was drafted earlier this year by the National Advisory Council and is now with the Union government. The bill is strongly supported by religious minorities and many members of civil society as an effective means to curb communal violence that has plagued the country since independence, and bring justice to the victims.According to the information provided by the government, more than 6,000 incidents of communal violence were reported in India in the past ten years. (DNA 11/12/11) 13 arrested for Bharatpur violence (7) JAIPUR, December 12, 2011: The CBI on Sunday arrested 13 people in connection with communal riots in Bharatpur that left 10 people dead in September. “Those arrested are civilians from both Mev and Gujjar communities,” according to a CBI spokesperson. They will be produced in a CBI court on Monday. Ashok Gehlot government had received flak for the violence which erupted in Gopalgarh town of Bharatpur district in September following a land-related dispute between Gujjars and Muslim Mevs, prompting it to recommend a CBI probe. (The Hindu 12/12/11)


Gopalgarh violence: CBI custody for 13 arrested (7) JAIPUR, December 13, 2011: A CBI special court here on Monday remanded 13 persons arrested in connection with the September 14 violence at Gopalgarh to the agency's custody for two days. The violence and police firing at the Jama Masjid in the town in Bharatpur district had left 10 persons dead and scores injured. The 13 accused were arrested in Bharatpur on Sunday – three months after the violence – on charges ranging from disturbing peace, rioting and ransacking to inciting violence and damaging government property. The policemen and villagers who allegedly sprayed the mosque with bullets and lynched and burnt alive those praying inside are yet to be arrested. Additional Chief Metropolitan Magistrate (CBI) M. K. Singhal sent the accused into CBI custody after the court was told that crucial evidence had to be collected from them for identifying the main culprits and solving the case, which had been handed over to the investigating agency by the Rajasthan Government. The arrested persons belong to both the Gujjar and Meo communities, whose long-pending dispute over a piece of land near the mosque took a serious turn on September 14 and led to a violent confrontation. The entire staff of the Gopalgarh police station has since been sent to the Police Lines. The CBI made the first arrests in the case on Sunday evening after calling the accused to the Circuit House at Bharatpur, where they were grilled for several hours. Local police provided logistical support to the agency during the arrests. While the police had registered as many as 20 first information reports in connection with the violence, including those against the elected representatives, the CBI registered five cases under relevant sections of the Indian Penal Code on October 11. The father of one of the victims also lodged a case against the then Collector Krishna Kunal and Superintendent of Police Hinglaj Dan, who are currently under suspension. The public prosecutor representing the CBI said in court that a Special Investigation Team formed by the agency to investigate the incident had so far examined more than 150 witnesses. Experts from the Central Forensic Science Laboratory have also visited the scene of the crime and collected evidence. The Congress-led Government in the State has received flak for “mishandling” the incident with serious political repercussions, even as it has taken a slew of measures to placate the Meo Muslims. In addition to the financial assistance and jobs given by the State Government, the All-India Congress Committee also distributed assistance to the victims' next of kin recently. Streams of representatives of various political parties and human rights groups have visited the nondescript town in eastern Rajasthan during the past three months. The leaders who went to Gopalgarh include Congress general secretary Rahul Gandhi, Union Ministers Mukul Wasnik and Jitendra Singh, Chief Minister Ashok Gehlot and BJP MP Shahnawaz Hussain. A judicial inquiry into the firing incident, ordered by the State Government immediately after the violence, is also in progress. Former Rajasthan High Court Judge Sunil Kumar Garg heads the Commission of Inquiry. (The Hindu 13/12/11)

Reports on riots