Date: 11 February 2014




http://ish.re/7E50

<http://thecitizen.in/city/opinion/#opinion3>

*How Clean Is the "Clean Chit" to Modi*

To pave the way for BJP leader Lal Krishna Advani's national prime
ministerial ambitions, the trail of blood which followed his Rath Yatra in
1989 and his signal contribution to the movement to violently pull down the
Babri Masjid in 1992 were sought to be substantially erased from public
memory by a systematic campaign of his re-invention as a moderate
statesman. A similar exercise is feverishly under way to whitewash the
hawkish and violent past of the BJP's new prime ministerial hopeful
Narendra Modi. Except for his core Hindu nationalist constituency, he is
being reinvented as the messiah of market growth.

But the erasure of Mr Modi's role in the brutal communal massacre of 2002
in Gujarat is even harder to accomplish. This is partly because until his
meteoric rise on the national stage, he was proud rather than apologetic
about the carnage which was accomplished during his stewardship. He led a
'gaurav yatra' or 'procession of pride' in the aftermath of the carnage
which swept him to power. In his speeches then and over many years, he
often taunted the Muslim people for their large families, and alleged their
role in violence, terror and sympathy in Pakistan. He alluded to his own
'chhapan chhaati' or chest of 58 inches, suggesting his exceptional manly
courage in taming the 'enemy within'. He resolutely refused to express
regret for the carnage, until again when propelled on the national stage,
when he awkwardly said that if the car he was riding in (but not driving)
ran over even a puppy, he would feel anguished.

Given his own discourse until recently of barely suppressed triumphalism
surrounding the carnage of 2002, his transition to secular statesmanship
required an exceptionally wilful flight of fancy among those who support
him. Leaders of industry like Ratan Tata, the Ambani brothers and Sunil
Mittal applaud his leadership for market growth, rejecting the idea that
his national ambitions are disqualified by his alleged role in one of the
most brutal communal massacres after Independence. They counsel that we
should focus on the 'big picture' of growth, as though the violent
suppression of minorities is a minor blemish. Many European ambassadors are
lining up at his door in the hope of participating in Gujarat's growth
story. All of them need a fig-leaf to cover the nakedness of their choices.

This fig-leaf came with the closure report filed by the Supreme Court
appointed SIT (Special Investigation Team) which absolved Narendra Modi of
any role in the carnage, concluding there was no 'prosecutable evidence'
against the Chief Minister. These findings were endorsed by the
'clean-chit' given the lower court which heard Zakia Jafri's petition of
April 15, 2013 alleging a high-level conspiracy to manipulate the Godhra
tragedy to organise and fuel the carnage which followed. The first name
among the 59 accused in Zakia Jafri's petition was of Chief Minister
Narendra Modi. Zakia's lawyer Mihir Desai argued in the court that the
political head of the State, the Home Ministry and the administration were
in full knowledge of and allowed the 'build-up of aggressive and communal
sentiments, violent mobilisation, including carrying of arms, and a general
outpouring against the minority community...' Relying on documents collected
by the SIT itself, Zakia's petition attempted to establish that there was a
conspiracy at the senior-most levels of the state administration not just
to generate hatred against Muslims, but also to target Muslim people and
their property and religious places and 'aid and abet this process by acts
and omissions of persons liable under law to act otherwise.'

How much does the SIT's closure report and the lower court's 'clean chit'
for Mr Modi really free him from any taint of the Gujarat carnage? At best,
these suggest that there is not irrefutable evidence that the Chief
Minister actually directed the slaughter of Muslims be allowed to continue,
giving free rein to enraged 'Hindus' to violently vent their rage. The SIT
chose not to give credence to the statements of one serving and one retired
police officer. But Manoj Mitta in his carefully researched new book 'The
Fiction of Fact-Finding: Modi and Godhra', demonstrates that the SIT
treated its influential first accused with kid gloves, never registering an
FIR against him, nor pinning him down on a number of questions such as his
public statement on 27 Feb 2012 that the train burning in Godhra was a
'pre-planned inhuman collective violent act of terrorism', a claim which
has not been borne out in the courts, and which fuelled public anger in the
acts of mass revenge against Muslims which followed. It likewise did not
question him about his claim that he first heard about the Gulbarg
apartments massacre in which Ehsan Jafri lost his life at 8 in the evening
of 28 Feb 2002, many hours after the slaughter, even though he was closely
monitoring the events at the Circuit House Annexe just a few kilometres
away from the Gulbarg apartments.

Senior advocate Raju Ramachandran, amicus curie appointed by the Supreme
Court to investigate allegations of Narendra Modi's complicity in the
Gujarat riots, also disagreed with the conclusions of the SIT. His opinion
reported to the Supreme Court is that 'the offences which can be made out
against Shri Modi, at this prima facie stage' include 'promoting enmity
between different groups on grounds of religion and acts prejudicial to
(the) maintenance of harmony.' He believes also that there were grounds not
to dismiss the version of suspended police officer Sanjiv Bhatt out of hand
by the SIT, that on February 27, 2002, hours after 58 passengers were set
on fire in a train near the Godhra station, Mr Modi held a meeting at his
residence with senior police officers and told them that Hindus should be
allowed to 'vent their anger.' He states: 'I disagree with the conclusion
of the SIT that Shri Bhatt should be disbelieved at this stage itself. On
the other hand, I am of the view that Shri Bhatt needs to be put through
the test of cross-examination, as do the others who deny his presence'.

Mr Ramachandran also points to evidence that two senior ministers were
placed in police control rooms on February 28, as the riots raged in
Ahmedabad and across the state. The SIT did not find evidence that they
interfered with the police's independent functioning, but 'There is the
possibility that the very presence of these two ministers had a dampening
effect on the senior police officials.' He concludes, 'While there is no
direct material to show how and when the message of the Chief Minister was
conveyed to the two ministers, the very presence of political personalities
unconnected with the Home Portfolio at the Police Control Rooms is
circumstantial evidence of the Chief Minister directing, requesting or
allowing them to be present.'

Chief Minister Modi's appointment of MLA Maya Kodnani as his Minister for
Women and Child Welfare after she was charged with leading the mob which
brutally killed more than a 100 people, including women and children, in
Naroda Patiya, further suggests his active complicity and endorsement of
the carnage. Maya Kodnani was subsequently convicted and punished with
imprisonment for life for the mass hate crimes.

However, the guilt of Mr Modi in the carnage of 2002 should not hinge in
the end on proving beyond doubt that he directed police officers to allow
Hindus to 'vent their anger', or that his Ministers were obeying his
commands by interfering in independent police functioning or leading
murderous mobs. The fact that the carnage continued for not just days but
weeks should be evidence of the criminal complicity of senior state
authorities in the carnage, coupled with his intemperate statements and the
parading of bodies of people killed in the train which further inflamed
public anger. Similar guilt should be attached to those who allowed other
communal carnages to continue, whether on the streets of Delhi in 1984 and
Mumbai in 1992-93 or the killing fields of Nellie in 1983 and Bhagalpur in
1989.

The 'clean chit' given to Mr Modi is at best a technical clearance in the
absence of cast-iron evidence that he actively and explicitly directed the
carnage, although even this absolving of his direct guilt is disputed by
experts. But there can be no doubt of his grave culpability for inflaming
sectarian passions by holding Muslims guilty for an offence without
evidence, and for the openly partisan actions of his government which
facilitated the continuance of the murderous carnage for many dark days in
2002.


-- 
Peace Is Doable

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