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From: sabrang <[email protected]>
Date: Thu, Mar 4, 2010 at 2:58 PM
Subject: Frm Teesta:- The end of impunity (teestasetalvad)


 http://www.indianexpress.com/news/the-end-of-impunity/585869/0

02mar10


The end of impunity

*teestasetalvad <http://www.indianexpress.com/columnist/teestasetalvad/> *

*The struggle of man (or woman) against power is the struggle of memory
against forgetting. — Milan Kundera*

It was not simply the number of lives lost, though the number — perhaps
2,500 — is not insignificant. It was the cold-blooded manner in which they
were taken. It was not simply that 19 of Gujarat’s 25 districts burned while
Neros watched, fiddled and smirked but the sinister similarity in the way
they were set alight. Militias were armed with deadly training, weapons,
technology and equipment; with a lethal brew of deadly intent, inspired by
constructed tales of hate, using the February 28, 2002 edition of a leading
Gujarati daily that urged revenge; all combined with a deadly white chemical
powder that seared to burn and destroy already killed bodies. And, of
course, truckloads of gas cylinders, in short supply for cooking, were used
instead to blast mosques and homes. Mobile phones and motorcycles made
communications easy and movement swift.

Part of the plan was to humiliate, destroy and then kill. Another was to
economically cripple. But at heart the desire was to construct a reality
whereby a whole ten per cent of the population lives (and a few even
prosper) as carefully whipped into shape, second-class citizens. Most
incidents that racked the state, except the famed Best Bakery incident, took
place in the glare of the day, not the stealth of the night. Critical to the
plan to mutilate and humiliate was to subject women and girls to the worst
kind of sexual violence. Tehelka’s “Operation Kalank” records victorious
testimonies of rapists and murderers who claim to have received personal
approbations from the man at the helm. Over 1,200 highway hotels were
destroyed, more than 23,000 homes gutted, 350 large businesses seriously
damaged (and are still unable to recover) and 12,000 street businesses
demolished.

Genocide is about economic crippling as much as death and humiliation. The
Concerned Citizens Tribunal — Crimes Against Humanity 2002 called the
happenings in Gujarat a genocide, because of the systematic singling out of
a group through widely distributed hate writing and demonisation, the
economic destruction, the sexual violence and also because over 270 masjids
and dargahs were razed to the ground. The bandh calls on February 28 and
March 1 by rabid outfits and supported by the party in power enabled mobs
free access to the streets while successfully warding off the ordinary
citizen.

Eight years on, it is this level and extent of complicity that is under
high-level scrutiny. The involvement of high functionaries of the state in
Gujarat did not begin, and has not stopped, with the violence. It has
extended to destruction of evidence that continues until today, the faulty
registration of criminal complaints, the deliberate exclusion of powerful
accused and, worst of all, the utter and complete subversion of the criminal
justice system by appointment of public prosecutors who were not wedded to
fair play, justice and the Constitution — but were and are lapdogs of the
ruling party and its raid affiliates. The proceedings in the Best Bakery
case in the Supreme Court and the judgment of April 12, 2004 strips our
legal system, especially lawyers, of the dignity of their office.

The hasty granting of bail to those involved in the post-Godhra carnage
remains a scandal. While over seven dozen of those accused of the Godhra
train arson have been in jail, without bail for eight years — and today face
trial within the precincts of the Sabarmati jail — powerful men, patronised
by the state’s political hierarchy who are accused of multiple rapes and
murders roam free in “vibrant Gujarat” even as the trials have resumed. The
few that are in jail — ten of the 64 accused in the Gulberg society carnage,
eight of the 64 accused in Naroda Patia massacre, two of the 89 in the
Naroda Gaam killing, eight of the 73 in the Sardroura massacres (all the 84
accused of the massacre at Deepda Darwaza roam free on bail) are those with
no political godfathers. A vast majority have lived in freedom even after
committing unspeakable crimes. All this and more is being investigated under
the orders of our apex court on a petition filed by Zakia Ahsan Jafri and
the Citizens for Justice and Peace. For the first time in our history
criminal conspiracy and mass murder are the charges, the chief minister and
61 others the accused. Will the wealth of evidence be matched by the rigour
of investigation? Will the will to prosecute surmount political
considerations? Will the Indian system throw a spotlight on what surely must
be its darkest hour? As we stood, remembered and prayed in painful memorial,
with lit candles at the Gulbarg Society this Sunday we did so in both faith
and hope.

*The writer is the secretary of |Citizens for Justice and Peace*

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