Annexure I: Confidential Report

Annexure I: Confidential Report
On the visit of NHRC Team headed by Chairperson, NHRC to Ahmedabad, Vadodra and Godhra from19-22 March 2002.

Justice J.S. Verma, Chairperson, NHRC, accompanied byShri P.C. Sen, Secretary General, Shri Chaman Lal, Special Rapporteur and Shri Y.S.R. Murthy, P.S. to theChairperson, visited Ahmedabad, Vadodra and Godhra from 19-22 March 2002. The Commission had, by taking suo12motu cognizance of the alarming media reports about the widespread communal violence in Gujarat beginningwith the Godhra incident of 27 February 2002, registered the matter as case No. 1150/6/01-02 and issuednotices on Ist March to the Chief Secretary and DGP, Gujarat to reply within 3 days “indicating the measuresbeing taken and in contemplation to prevent any further escalation of the communal situation in the State”which was causing continued violation of the human rights of a large number of people. A copy of this noticewas also sent to Shri P.G.J. Nampoothiri, Special Representative, NHRC on March 4 requesting him to send areport on the subject involving in that exercise, also other members of the group constituted by theCommission for monitoring the rehabilitation work related to the last year’s earthquake in Gujarat.

The Chief Secretary & DGP, Gujarat on 4^th Marchrequested for grant of further time of 15 days stating that “as most of the State machinery is busy with thelaw and order situation, it would take some time to collect information and compile the report”. TheCommission, vide its proceedings dated 6 March 2002 observed that while preparation of a comprehensive reportmay require some more time, the Government of Gujarat was expected to send “at least, a preliminary reportindicating the action taken so far and that in contemplation together with an assurance from the StateGovernment of strict implementation of the rule of law”. A preliminary report was received on 11 March. TheCommission considered this report and found it rather perfunctory and silent on many vital aspects. In themeantime a fairly comprehensive report giving a broad picture of the situation in Gujarat with mention of somemajor incidents in the city of Ahmedabad was received from the Special Group comprising Shri P.G.J.Nampoothiri, Smt. Annie Prasad, IAS (Retd.) and Shri Gagan Sethi, Director, Jan Vikas. The Commission was alsotaking notice of media reports about continuing communal violence, and alleged inability of the StateGovernment to restore normalcy. The Commission felt that consideration of the matter involving continuedviolation of human rights of a large section of people in Gujarat can not be deferred any further for want ofthe comprehensive report called from the State Government. The Commission, therefore, decided that a team ledby the Chairperson should immediately visit the State for an on-the-spot assessment of the situation.

The NHRC team reached Ahmedabad around 7 p.m. on 19March. That very evening the team received a briefing from Shri P.G.J. Nampoothiri, Special Representiative,NHRC about the chain of events starting with the incident at Godhra on 27 February. On the 20th March the teambegan with a meeting with senior State Government officials including the Chief Secretary, Addl. ChiefSecretary (Home), DGP, Home Secretary, Revenue Secretary and the Police Commissioner, Ahmedabad. A number ofprominent citizens including Shri Amar Sinh Choudhry, former CM, Justice T.U. Mehta, former Chief Justice,Justice P.D. Desai, former Chief Justice, Justice Akbar Divecha, Justice R.A. Mehta called on the Chairpersonand gave him their assessment of the situation highlighting the prevailing sense of insecurity in thecommunity in general and the minority community in particular. In the afternoon, the team had a longinteraction with a group of voluntary agencies, NGOs, Human Rights activists and some prominent citizensincluding Mr. R.K. Sayed, a retired Secretary to Government of India and Justice A.P. Ravani, former ChiefJustice, Rajasthan. It also received a delegation of media persons and some more eminent citizens includingMalika Sarabhai, Batuk Vora and Teesta Setalvad. The team also visited two Relief camps – Shah-e-Alam campholding about 9000 displaced persons of minority community and Saryu Das Temple camp where 471 Hindus movedfrom Prem Darwaza Bhagriwar area have taken shelter. The team also met some victims of Godhra incident andtraders’ delegations from both the communities.

MEETING WITH THE STATE GOVERNMENT OFFICERS

In his opening remarks, the Chief Secretary, Shri G.Subba Rao, referred to the horrendous Godhra incident and subsequent violence in the State indicating theaction taken by the administration in mobilising available resources and requisitioning the Army. He expressedthe resolve of the Government and administration to protect human rights of all sections of people without anydistinction as to caste, creed and religion.

The Chairperson explained the purpose and timing ofhis visit. He indicated that he had not visited the State earlier in order not to divert the State authoritiesfrom the task in which they were engaged. However, the visit could not be further delayed as normalcy had notbeen restored despite the passage of three weeks. The Commission’s concern for the stoppage of violence andrestoration of normalcy in the State and the role of the NHRC as a facilitator to improve the quality ofgovernance was emphasized. It was indicated that, as in the aftermath of Orissa Cyclone and the Gujaratearthquake it was the duty of the NHRC to ensure the prevention of any further violation of human rights andfocus on the need for expeditious rehabilitation of the victims.

Then followed a visual presentation by the Governmentofficers in 3 parts entitled the Godhra incident of 27 February and immediate action taken by theAdministration, ‘unfolding events as reaction to the Godhra incident from 28 February onwards’, and therelief and rehabilitation measures started by the Government. The Team pointed out the following omissions inthe presentation:

i) It does not indicate specifically the details ofthe preventive measures, if any, taken at the sensitive points in Ahmedabad city which witnessed large scaleviolence, arson and looting.

ii) Though it was stated that 273 preventive arrestswere made on 27 February, the date and community-wise break up was not shown to counter the allegations ofdiscrimination.

iii) Although the presentation mentioned some majorincidents of arson and looting, it was silent about the registration of criminal cases against the miscreants.

iv) Details of Police/Army firing and date andcommunity-wise break-up of casualties was not shown.

v) The presentation did not mention the alarming factof the spread of the communal violence to the rural, particularly the tribal areas, though some figures ofevacuation/rescue operations were given.

vi) The presentation made no mention of destructionof Mosques and Dargahs in Ahmedabad and elsewhere which the media has been regularly reporting.

vii) The presentation gave the consolidated figure ofarrests (10,196 till 18 March) without giving community-wise break-up and without showing separately thenumber of persons arrested in cases registered in connection with the incidents of killing, arson and looting.

viii) The presentation was also silent about thenumber of policemen killed or injured on duty or otherwise in connection with the communal incidents which mayreflect their commitment and devotion to duty.

(ix) Particulars of visits to relief camps of VIPs /political leaders / senior officers were also not indicated, nor were the facilities provided in these campsmentioned in detail.

The team drew the attention of the Chief Secretary tothe media reports of the date (20 Feb.) about the application of POTO to the cases registered against theaccused persons of the Godhara incident without indicating that a similar move is contemplated against thecriminals of violence in other parts of the State. The Chief Secretary was asked to examine this question inthe light of likelihood of allegations of discrimination between offenders.

The Addl. Chief Secretary (Home) Shri Ashok Narayanmentioned the move of the VHP to take out the Asthi-kalash Yatra to various States of Godhra victims and theiradvice to the CM to prevail upon the VHP to exclude Gujarat from this programme to which he stated that the CMwas receptive. The Chairperson asked the Chief Secretary to advise the Government to use its influence overthe VHP to stop this programme altogether in all parts of the country in view of its dangerous implications tocommunal harmony.

DGP, Gujarat, Shri K. Chakravarthi, described thecommunal riots as unprecedented in terms of scale and intensity and as a reaction to Godhara incident andnarrated the difficulties of the Department arising from shortage of manpower, lack of equipment and totalabsence of “specific prior information” about Godhra incident. He explained that available resourcesincluding even the recruits in the training were utilised and officers were recalled from leave.

Shri P.C. Pande, Commissioner, Ahmedabad was asked toexplain his widely publicised statement in an interview given to Rediff.com to the effect that the policemenhave their own feelings and cannot be expected to remain uninfluenced by the mood of the community. He said,all he had told the reporter was that the police force being drawn from the same society cannot remain totallyinsulated and immune to the external influences. On being complimented by the Chairperson for having stated inthe interview that his head hangs in shame, he clarified that he had said this in reply to the question put bythe correspondent as to how he felt that this time the well-to-do people coming in expensive cars wereinvolved in looting in the posh areas of Ahemdabad which meant he was ashamed to belong to that very society.Shri Pande tried to explain the inability of his police force to control the violence because of the enormityof the challenge and unanticipated emergence of new trouble spots different from those of the past and theshortage of manpower and equipment.

At the conclusion of the meeting, the Chairpersonobserved that it was evident that normalcy had not till then been restored and that there was a prevailingsense of insecurity, felt even by a sitting and retired High Court Judges. He stressed on the officersexercising their statutory powers uninfluenced by any extraneous consideration. He reminded the officers thatdemocracy is not majoritarian rule but should be ‘inclusive’ in character representing the interests ofall sections of the society. He concluded by adding that the tragic events which had occurred should never beallowed to recur.

The team met many prominent citizens – individuallyas well as in groups – and thereafter had a long meeting with NGOs/Human Rights activists numbering 72. Asummary of what was said by the above is:

Gujarat has, over the years, become prone to frequentoutbreaks of communal riots. It had serious communal riots in 1969, 1985, 1992 and 1996. However, the presentriots are different from all earlier riots in terms of intensity of violence and degree of brutality. Newareas and not only the usual trouble spots identified on the basis of past experience were affected by themenace this time. While the riots in the past involved both the communities in group clashes resulting evenfrom minor incidents, the incidents following the Godhra incident are characterised by assaults by huge Hindumobs on the members of the minority community. The size of the marauding crowds involved in the majorincidents was found to be between five to fifteen thousand and the scale of violence and brutality of methodsof killing and looting indicated long planning and indoctrination.

The Vishwa Hindu Parishad (VHP) gave a call for “Bandh”on the 28th, Feb. pursuant to the Godhra incident of burning alive of Karsewaks which was supported by theState BJP. The police did not take effective steps to make proper security arrangements in several areas knownfor their communal sensitivity. Many felt that the police should have learnt from the past experience thatBandhs supported by the ruling party are never peaceful and should have therefore made full preparations.Whereas the VHP leaders could mobilise their supporters for the ‘Bandh’, the police did not take anyeffective measures to control the unlawful crowds, while they were building up. The police, by and large,chose to act as silent spectators allowing the crowds to swell in size and become uncontrollable.

While in the previous riots also political elementsdid play a major part and the police and administration failed to control violence, they were not accused ofdirect involvement in the carnage. The failure of police and administration in the current riots is attributednot to their professional incompetence but to their attitude of apathy and callousness in general and theaccusation of connivance and complicity was made in some cases.

A number of persons holding responsible positions inpublic life alleged involvement of some Ministers and MLAs in these riots. They mentioned that Shri GordhanZadafia, Home Minister and Shri Ashok Bhatt, Health Minister were monitoring the progress of riots from theCity Police control room. Shri I.K. Jadeja, Urban Development Minister was accused of controlling things atPolice Bhawan, Gandhi Nagar. Someone stated that he had seen the Home Minister moving about in the riotaffected areas openly displaying the “V” signal. Smt. Maya Ben Kudnani, MLA and former Dy. Mayor,Ahmedabad and Dr. Jai Deep Patel, VHP leader were named by a number of victim families of Naroda Patia whoappeared before the team at Shah-e-Alam Relief Camp. Shri Usman Bhai, MLA alleged that the Home MinisterGordhan Zadafia was directly monitoring the progress of attacks on Muslim localities from the room of ShriAshok Raina, Home Secretary.

Representatives of many NGOs and some prominentcitizens narrated a number of cases where they contacted the police and requested them to rescue the membersof the minority community under attack from the marauding mobs but their pleas evoked no response. Shri AmarSinh Chaudhary, former Chief Minister, Gujarat, narrated to the team his futile efforts in seeking police helpfor Shri Ahsan Jaffrey, former MP. He claimed to have personally contacted the Police Commissioner, P.C. Pande,at 10.30 AM on 28 February and apprised him of the imminent danger to the life of Shri Jaffrey. The PoliceCommissioner assured him that police assistance will be despatched rapidly. He reminded him again afterreceiving another frantic call from Ahsan Jaffrey that no police reinforcement had reached his place and thatthe few policemen present were ineffective and unwilling to control the violent mob. Shri Chaudhary said thathe also spoke to the CM Narendra Modi in the afternoon and found him well informed about the presence of aviolent crowd outside Shri Jaffrey’s house . He also spoke to the Chief Secretary and Home Secretary between12.30 and 2 PM. Shri Jaffrey was burnt alive along with his family and 39 others (total killed -50).

The team heard several allegations of connivance ofpolice in incidents of arson and looting by the marauding crowds. It was alleged that the crowds involved inthe destruction of slums opposite Ambika Mill No.1 near Khokra over bridge, Gomtipur, Ahmedabad had thesupport of the administration (275 hutments housing approximately 1800 persons with 90 % Muslims and the otherDalits were totally destroyed). These hutments have been in existence for over 30 years and the Gujarat HighCourt had ordered status quo in 1999 when the authorities sought to demolish them. It is alleged that one PSIModi from Gomtipur police station had come to the site in police jeep (GJ1-AR-5342). He parked his jeep nearthe gate of Ambika Mill, spoke to the mob in the presence of Shri Mohan Bundela, Shri Israil Bhai Ansari andsome other activists of Jan Sangarsh Manch. The mob took out 4 to 5 bottles of diesel from the jeep of ShriModi, which were subsequently used in torching the hutments. Another specific allegation of connivance ofpolice was narrated by some victims at the Shah-e-Alam camp. They charged a senior police Inspector K.K.Mysorewala with misdirecting some helpless Muslims including some young girls into the arms of a murderousmob. (These cases were brought to the notice of the Chief Secretary by the Chairperson for immediate action).

Many representatives of the NGOs/activists accusedthe police of outright discriminatory approach in the matter of arrest. It was alleged by many that though itwas the minority community which was under attack at all the places after the Godhra incident, the bulk of thearrests made by the police were from minority community. Since the official presentation made before the teamdid not give community-wise break-up of arrests which is an important parameter of police action in thehandling of communal riots, the allegations made by people holding responsible position and enjoying highreputation for their integrity cannot be rejected outright.

It was alleged by many that the police allowed thecrowds to swell and turn violent by ignoring the calls for help from the victims of mob attack. Admitting thatthe police presence on such spots was very thin, it was asserted that their sense of duty demanded that theyshould have used firepower to rescue the persons under attack from mob fury. It was said by many that thepolice either did not use the weapons or merely fired a couple of rounds in the air without producing anydeterrence.

It was alleged that the mobs were led by VHP, BajrangDal and BJP activists some of whom carried mobile phones to contact others and coordinate operations. The mobswere equipped with items like gas cylinders, kerosene oil, petrol bombs for burning people and torching peopleand houses, shops and business establishments. They were seen carrying lists with full details of Muslimhouses and establishments which were to be targeted. Hotel businesses on the N.H-8 had suffered most. About 90percent of the commercial establishments including small shops, godowns and factories were wiped out onnational highway No.8.

One of the NGO representatives referred to the Govt.claim to have controlled the riots in 72 hours. She said that all it means is that the VHP elements supportedby the police were given freedom of loot and plunder for 72 hours to finish the Muslim population. It isbelieved by many that deployment of Army to control violence was deliberately delayed.

Describing the prevailing sense of insecurity andfear in the minds of the members of the minority community, a number of representatives of the NGOs/activistsincluding A.P. Ravani, former Chief Justice, Rajasthan, referred to the cases of Justice A Divecha, retd.Judge of Gujarat High Court who was forced to leave his house which was later burnt and Justice Qadri, asitting High Court Judge who had to leave his bunglow in Law Garden area and move to the Judges colony as noone assured safety and security to him and his family.

Even the police officials belonging to the minoritycommunity were targets of threats from the marauding mobs. A number of gazetted police officers belonging tothe minority community were advised by their superiors to remain confined in their homes during the period ofviolence. The incident involving IGP, Saiyed who was in uniform with name tag and was menacingly accosted by amob in the presence of some policemen was mentioned by a number of speakers.

A number of NGOs/activists stated that the violenceand destruction witnessed in Ahmedabad and elsewhere was not entirely a spontaneous reaction of the majoritycommunity to the Godhra massacre. The suggestion made by many was that the continued disturbed situation inGujarat appeared to be the result of at least tacit support by acts and omissions of the State Governmentwithout which this situation could not prevail. They stated, inter alia, that leaders of mobs were in constanttouch with others on mobile phones, that every wing of the State Government was used to ascertain full orpartial ownership of assets by the minority community.

A distressing and alarming feature of these riotspointed out is that for the first time rural and tribal areas were also affected by communal virus. It isestimated that more than 1200 villages, particularly in districts of Panch Mahal, Mehsana, Sabarkantha,Bharuch, Bhavnagar and Vadodra witnessed mob attacks on minority communities leading to large scale exodus.The migration of Muslims from rural areas is attributed by many to a sustained drive launched by the VHP andBajrang Dal during the last 8-9 years to mobilise the tribal population in revolt against the Bohra Muslimcommunity which it is alleged is controlling businesses in rural areas.

Over 100 mosques and dargahs were desecrated anddamaged in Ahmedabad and about 500 in other parts of Gujarat. (Two members of the team saw the site of Dargahof Sufi poet Wali Gujarati, revered by both the communities, near the underground bridge at Shahibag, whichhad been razed to the ground.) Allegedly, the Govt., instead of protecting the site for reconstruction of theDargah, has got the old historic Dargah ground flattened and now one sees an asphalt road with vehicles movingover it.

The President of Ahmedabad Sunni Muslim Waqf Boardstated that 33 mosques including 7 identified as heritage sites by the ASI have been damaged. He expressed theconcern of his community for the protection of the remaining mosques particularly the ‘Jali masjid’ whichis considered a treasured monument. (The Chairperson directed the officials present in the meeting to takeimmediate steps in this regard.)

Organised attempts for effecting a social andeconomic boycott of the minority community was another distressing feature of the current riots stressed bymany. Pamphlets and handbills were widely circulated exhorting Hindus to boycott Muslims in matters ofemployment and business activities. Shri R.K. Sayed, a retired Secretary to the Govt. of India and formeradvisor to the Governor of J&K said in anguish that the husband of his maid servant, Rayeesa Banu, hasbeen told not to report for work at a motor garage whose Hindu owner has been threatened not to employ anyMuslim workers. He further said that the authorities of Don Bosco school have also received threats not toallow students from the Muslim community to attend.

Godhra incident was condemned strongly and withoutany reservations by all. However, a few persons attributed irresponsible behaviour of Karsevaks as theimmediate provocation for the incident. Everybody who referred to this incident emphasized the need forimmediate apprehension and prosecution of the culprits and awarding of the harshest possible punishment tothem. Some members of the minority community said these persons deserve unusually severe punishment for havingcaused barbarous reprisals on the community by their ghastly criminal act.

A total lack of faith in the State police toinvestigate the riot cases was voiced by many. The popular perception was that these cases will not beinvestigated fairly and the culprits will go scot-free. Many stated that the FIRs are either not beingrecorded or not recorded honestly by mentioning the accused persons named by the complainants. There was ageneral demand for investigation of these cases by an outside independent agency like CBI. This suggestion wasvoiced also in respect of the investigation into Godhra incident which is suspected to be pre-planned andwidely believed to be the origin of the communal disturbances.

A number of persons criticized the Govt. decision tomodify its order regarding postponement of class X and XII examinations. They said the Govt. is forcing thetraumatised students throughout the State, except in Ahmedabad and Vadodara, to take the Board examinations attheir own risk just to show that normalcy has been restored. (On request from several persons for immediateintervention, the Chairperson advised the Chief Secretary to convey to the Chief Minister the Commission’sdesire for reconsideration of the matter keeping the welfare of the students in mind.)

Delegation of Media persons and Activists

A delegation of prominent media persons includingMallika Sarabhai, Teesta Setalvad and Batuk Vora met the team and apprised it of the attempts of the Govt. tobar some TV channels for a few hours on the crucial day of carnage while allowing the Gujarati print media,which grossly violated the code of ethics laid down by the Press Council of India by its inflammatoryreporting of incidents, to operate freely. The delegation informed the team about physical attacks on severalmedia persons, particularly of the electronic-media, and damage caused to their cameras. A specific instanceof the burning of the branch office of Gujarat Today Daily run by a Muslim trust was cited.

Visit to relief camps

The team visited two relief camps, one each of theminority and majority community.

Shah-e-Alam Relief Camp

The camp holding about 9000 refugees is being run byShah-e-Alam Relief Committee. The office bearers of the Committee apprised the team of the atrocities atNaroda Patia and Naroda village which had borne the brunt of communal riots in Ahmedabad. The Committee wasinformed that a 5000 strong mob armed with swords, daggers, lathies and petrol bombs attacked Naroda Patiaaround 9 AM on 28th February. After damaging a masjid and razing one of its minarets to the ground, the crowdhoisted a saffron flag and burnt a heap of religious books including Holi Quran. When the terrorized residentswent to the nearby SRP camp for shelter they were pushed back by the jawans. They went to the nearby policestation where PSI K.K. Mysorewala turned down their request for a safe passage. Ultimately these people weresurrounded by the mob. Men and women were segregated; young girls were stripped, gang raped, lynched andthrown into the burning fire. No man was spared. A young woman, Quasar, in advance-stage of pregnancy, pleadedfor her life. Her abdomen was slit open, the foetus was taken out and thrown into the fire. They picked up thewoman and threw her into the same fire. The survivors of Naroda Patia were brought to the relief camp by theShah-e-Alam Committee members. In village Naroda, the entire Muslim locality was wiped out. A few survivorswere rescued by the Addl. Police Commissioner, Tandon, who was praised by many victims.

The team went round the Relief Camp and spoke to anumber of families. Each had a horrible tale of suffering to narrate. Ameena Bibi narrated the incidents ofarson and rape from 9 AM to 9 PM in Naroda Patia. She said that MLA, Smt. Maya Ben Kudnani, was moving aboutin the area and encouraging the rioters. Jannat Bibi stated that she was raped and her nephew and his son wereburnt alive. Bilkis, sole survivor of her family, stated that her mother-in-law, her husband and his brotherwere burnt alive. Mariam Bibi lost her disabled son and Noor Jahan her husband. Sharifa Bibi, wife of IqbalSheikh, stated that her 18 year old son was burnt alive before her eyes. She stated that she was a witness tothe murderous attack on the pregnant woman, Quasar. Mehjabeen, wife of Iqbal Hussain, stated that MLA, Smt.Maya Ben Kudnani, and VHP leader Dr. Jaydev Patel were openly leading the miscreants in acts of arson, killingand looting. Naimuddin said that his mother, sister, niece, brother-in-law and two nephews were burnt alive bythe mob, some of whose members came from Gangotri Society and Gopinath Society. He produced before the teamhis wife who suffered a head injury and had her right arm chopped off.

11 year old Raja, s/o Munna, gave a graphic accountof the incidents at Naroda Patia from 8 AM onwards on 28th February. He lost his mother and sister and hisfather is lying in a state of trauma.

Nanhoo Miyan accused PSI K.K. Mysorewala of directingthe fleeing Muslim-men and women-into the arms of the marauding crowd and ensuring that no one escaped unhurt.Abdul Majid said that his daughter was raped by one Bhawani Singh and she died after 8 days in the hospital.Reshma said that she took 6 days to trace her children who got separated from her in the attack. She said shehad saved 8 children from the marauding mob. She confirmed the incident-involving the pregnant women, Quasar.

The office bearers of the Camp Committee praised theCollector, Ahmedabad, for being sympathetic and responsive to their needs and calls adding with a sense ofhurt that no senior officer of the Government or political leader from the ruling party has visited the camp.

The team visited a relief camp operating fromSaryudas Temple where 106 Hindu families comprising 471 members have been living since 28 Feb. Smt. KailashBen and two other inmates spoke to the team. They stated that these families had moved out from their housesin Prem Darwaja Bagrivan situated in the heart of a Muslim locality. They said that they were attacked by agroup of Muslims and have lost all their properties. In reply to a specific question asked by the team theysaid that none of their family members had been killed or injured in the incident. They accused the SRP of notproviding any help to them. The inmates had no further complaint to make either orally or in writing.

Meeting of the Chief Minister with the Chairperson

Shri Narendra Modi, CM, Gujarat, called on theChairperson at Raj Bhawan Annexe at 9 AM on 21 March and had a discussion lasting over an hour during which heassured the Chairperson of the needful being done by the Administration to restore normalcy in the State whilepromising to send the comprehensive report to the NHRC within the next few days. The CM also invited theChairperson to visit the State again after a month to see for himself the restoration of normalcy. Herequested the Commission to issue suitable directions/appeal to the Insurance Companies for an expeditioussettlement of property claims of the sufferers of the riots. The CM also assured the Chairperson that nostudent will be allowed to suffer on account of the examination policy decision.

Delegation of Traders

A delegation of Beopar Mandal (Hindu) from machineryarea met the team and apprised it about the burning and looting of 17 shops on 28-29 February by the membersof Muslim community. They expressed their sense of insecurity and requested the posting of an SRP picket whichwas there since 1985 but was removed some 8 months back by the Municipal Corporation to establish a water-piao.(The Chairperson asked Shri Kumara Swamy, IGP, Human Rights Cell to get the request examined and makenecessary arrangements for the security of these people).

Some Karsevaks meet the team

Two victims of Godhra incident met the team at RajBhawan Annexe on 20 March. 11 year old Gayatri, d/o Harshad Bhai, is the sole survivor of her family. She saidthat her mother, father and two sisters died in the fire in compartment S/6 of Sabarmati Express. She couldmanage to jump out to the safe side from the burning coach. She said that the train was attacked by a crowd,which was 1500-2000 strong. She added that the crowd was shouting ‘Get the girls out’. Smt. Urmila Trivediwho accompanied Gayatri said that she was travelling in coach S/5 and was injured in stone pelting.

Sunil Kumar Jamna Prasad Tiwari and his brotherAmarjeet met the team at Govt. Guest House on 21 March, 2002 morning. They said that their father Jamna Prasad(67) and mother Surti Ben (54) were among the Godhra victims. Only one of them is employed in a private TVrepair shop. They have two unmarried sisters to look after. They requested for assistance and employment.

Smt. Veena Ben Rajut, a VHP activist appeared beforethe team at Govt. Guest House on 21st March morning. She said that the Godhra tragedy could have claimed manymore lives if the train was not running late by six hours. She said that about 2800 karsevaks were travellingin this train. She claimed to have saved 18 people by pulling them out from the burning coach. She said thatthe Muslim community wants to make Gujarat into a Kashmir. She said that the women were particularly targetedby the mobs. She said 3-4 women among Karsevaks are still missing. On being asked to furnish their names, shesaid that they belonged to Bihar and as such she did not know their names.

The NHRC team reached Vadodara by road from Ahmedabadaround 3 p.m. on 21.3.02. After a two hour long meeting with the district officials, it held an interactionwith some eminent citizens representing various sections of civil society and thereafter received 17delegations – 7 Muslims and 10 Hindus ranging in strength from 2 to 20. The team, thus, met a total of 176citizens. The meeting with officers started with a presentation by DM, Bhagyesh Jha. He claimed to haveeffectively controlled the reaction of Godhra incident in his district by mounting a vigil at the communallysensitive areas of Dabhoi, Padra and Karajan. On his own initiative, he could arrange a flag-march by thetraining unit of EME stationed at Vadodara on 1st March, in addition to the deployment of Forest Guards inrural areas.

The DM said that for the first time in the history ofcommunal riots in his district, rural tribal areas were affected by the communal violence. Army had to bediverted to tribal areas on 5th March. 2517 persons belonging to minority community were rescued and evacuatedfrom 22 villages to safer places. The SP, Keshav Kumar, described the particularly difficult job of shifting100 persons from Kawant. The DM and SP confirmed that these villages now have no member of minority community.They did not sound confident about the safety of the property – houses, agriculture land and standing cropsleft behind by the evacuees. All these persons, they informed, have been moved to the Relief camps at Godhraand Dahod. They tried to explain the attack by tribals on members of minority community (largely Bohra Muslimtraders) on the ground of economic exploitation of tribals by the traders. Rural economy is largely controlledby the Bohra community which they said, has earned the wrath of the tribal population.

I.G.P (Zone) Vadodara, Deepak Swaroop who was alsopresent, confirmed that all the districts in his range namely Bharuch, Narmada, Panchmahal and Dahod have beenaffected by unrest in the tribal villages resulting in the exodus of Muslim population.

The DM informed that 8 lives have been lost (Hindu–6 and Muslims –2) till 20 March in the district. While the Muslim casualties (2) were at the hands ofriotous mobs, 2 Hindus were killed by the rioters and 4 died in police firing.

Shri Tuteja, Police Commissioner, Vadodara, briefedthe team about the situation in Vadodara city. He stated that almost the entire city was affected and curfewwas imposed well in time. The Commissioner read out date-wise account of major events from 27 Feb. to 20March. The city police swung into action from 1020 hrs. on 27 Feb. after receiving a message from the StateControl Board about the attack on Karsewaks at Godhra Rly. Station. All the P.Is and SRP personnel werealerted and patrolling was intensified. All the P.Is were briefed properly for dealing with the Gujarat Bandhon 28 February and a company of RAF was also requisitioned. 95 preventive arrests were made during 27-28 Feb.night. The Police Commissioner accepted the observation of the team about the stabbing incident at the Rly.Station Vadodara on arrival of Sabarmati Exp. from Godhra in which one person was killed and two injured. Hesaid he had excluded this incident from his presentation on ‘technical reasons’ as the incident had takenplace in the jurisdiction of Railway police. Two deaths of stabbing were reported in early hours of 28February – one was a truck-driver and the other auto-rickshaw driver. Curfew was imposed in areas of 6 PSsfrom 8 AM on 28 Feb. It was extended to six more PS at 5.30p.m. onwards.

The Police Commissioner claimed police effectivenessin rescuing 102 Muslim children studying in the Islamic Centre in Panigate PS. In response to a query from theteam, he admitted that the Islamic Study Centre was burnt – a fact which finds no mention in his writtenpresentation submitted to the Commission.

During the night intervening 1-2 March, Best bakerywas set on fire in the Hanuman Tekri area on Dabhoi Road in the outskirts of the city. A 300 strong mob armedwith swords, stones and kerosene attacked and looted the bakery. After stabbing the families and workersstaying in the Bakery, the building was set on fire. 9 Muslims and 3 Hindus were killed and 6 Muslims wereinjured in this incident. 18 accused have been identified in the FIR but no arrests could be made till then.

The presentation made by the Police Commissioner,Vadodara, gave the following information:

A total of 37 persons ( 24 Hindu, 12 Muslims and 1other) had died in disturbances in Vadodara till 21 March (morning). 17 of them were killed in arson, 13 instabbing incidents, 6 in police firing and 1 in pvt. firing. The police firing resulted in killing of 3 Hindusand 3 Muslims. A total of 125 persons – 45 Hindu & 80 Muslims have been injured in disturbances till 21March. 16 police personnel are also reported to have been injured.

The details of arrests furnished by the PoliceCommissioner have been found incomplete and confusing. However, what is clear is that only 4 persons – 3Hindu and 1 Muslim have been arrested under Arms Act and 2 (one Hindu and one Muslim) under Explosive Act. Therest of the arrests are under Section 151 Cr. PC, Section 135 Bombay Police Act and for Curfew violations. Thepresentation made by the police shows that 132 vehicles including 6 luxury buses and 11 trucks were burnt andproperty worth over Rs. 10 crore was looted/damaged. A total of 380 offences have been registered, 72 casesdetected and 3746 arrests have been made.

The Police Commissioner stated that 8 Mosques, 7Dargahs and one Temple have been damaged in the disturbances.

The death toll in Distt. Vadodara till 20 March comesto 46 including 37 in the city, one at Rly. Stn. and 8 in rural area. The community-wise details are: Hindu30, Muslims 15 and other 1. <

Following points emerged from the interaction:

1. Many members of the majority community stated thatthe riots were a reaction to the incident at Godhra. They added that there had been a feeling of resentmentover the increasing visits of people from Pakistan who are using Ahmedabad, Vadodara and Godhra for subversiveactivities. They feel that the Godhra attack on karsewaks was pre-planned and there is involvement of aforeign hand in it. Local Muslims and Hindus have no problem in living together peacefully. It is only thevisitors from the neighbouring country receiving huge amount of foreign money who are working to createdisaster in India.

2. Media played a negative role by repeated displayof pictures of Godhra incident which inflamed passions and infuriated the people.

3. Expressing a feeling of disappointment, it wasstated by some persons that not many people/parties came forward to condemn the Godhra incident. It isbelieved that a strong condemnation of the attack on Karsewaks at Godhra regardless of ideological differencescould have cooled tempers and prevented unprecedented retaliation.

4. The trouble in rural areas is rooted in theeconomic and other forms of exploitation of tribals by traders belonging to minority community. However, oneperson mentioned that it is a part of the political strategy of the ruling party in the State to mobilisegrievances of the tribals in their ultimate aim of driving the Muslims out.

5. These riots are different from the past riots inthe sense that new areas, not the traditional sensitive spots, were affected and Hindus turned offensive forthe first time.

6. Most of the speakers praised the Administrationfor effectively handling the communal situation in the first phase of violence but found the same Admn. weakand also partisan after 15 March when the Ram Dhun procession in response to developments at Ayodhya was takenout. The incident of Machhipeeth was mentioned in this connection.

The delegations of voluntary agencies and variousCitizen Committees made the following submissions before the NHRC team:

i) Representatives of the Chamber of Commerce andForum of Industries (18) said that the intensity of violence in the aftermath of Godhra incident would havebeen much less had the burning alive of Karsewaks at Godhra on 27 February been condemned promptly by allparties regardless of their ideological differences. They blamed the ‘pseudo-secularists’ for the communalviolence. They praised the District Administration and the police for doing well despite being undertremendous strain.

ii) The representatives of the Qureshi Jamat Khanapraised the Collector for rescuing 400-500 Muslims. However, they expressed their anguish over the burning ofthe Islamic Study Centre.

iii) Representatives of Machhipeeth Musafirkhana (10)described the events of March 15 at Machhipeeth arising from the ‘Ramdhun’ call given by the VHP andBajrang Dal after the ‘Shilladan’ at Ayodhya. At about 2.30 p.m. a crowd of about 500 after the spiritualAarti in the temple at Ahmedawadi marched towards Machhipeeth. The police did not intervene in spite of anorder under Section 144 Cr.PC being in force. In the presence of 6-7 policemen who were accompanying the mob,the crowd went on raising slogans “Bandiao, go away to Pakistan”, “Babar ki Aulado Hindustan chod do”.The rally reached Machhipeeth Naka around 3.10 p.m. after burning a number of Muslim shops including BootHouse and Tower Shoes en-route . On reaching Machhipeeth some of the rally members rushed to residential laneswith trishuls and swords and started pelting stones. Some took off their pants and danced around in the lanes.By the time police reinforcement came in 4 Jeeps, both sides – the attackers and local residents – wereengaged in stone-pelting. The police started firing directly from stenguns and service-revolvers. The policefiring lasting for about 25 minutes was directed at the residents of Machhipeeth. They also lobbed sometear-gas-shells. After about 15 minutes of police firing, the army personnel reached and the situation wasbrought under control and the rally left the scene. The police conducted combing operation, abused theresidents and arrested 13 persons including a boy of 12 years and a 60 year old TB patient. All these peoplewere beaten up and taken to Police Station.

(iv) At 7.30 p.m., on instigation from MunicipalCouncillor and Bajrang Dal Chief, Neeraj Jain and Ajay Dave, Bajrang Dal activists attacked the mosque fromthe top of the building in the adjacent lane when a number of Muslims were offering evening Namaz. Mr. R.N.Rathore, a Police Officer, fired some 20 rounds under the directions of Neeraj Jain. Thereafter in combingoperation, the police arrested 12 persons including a stage singer and an Advocate. All the persons arrestedfrom Machhipeeth were booked under section 307 IPC. The Leader of the Delegation mentioned that the 12 yearold boy arrested in this case was actually a riot victim who had come to the relief camp from Tarsali area.They also told the team that many Muslims of Machhipeeth have been relieved from their jobs by Hinduemployers.

(v) The delegation stated that the police arereluctant to record FIRs on their complaints. The names of the accused mentioned by them are not beingrecorded. The police knows the persons in some cases who are involved in looting of shops. The police ispersuading them to throw away the looted property on the streets which is being seized as unclaimed propertywithout initiating any action against the looters. However, even this delegation stated that the performanceof the administration has been satisfactory and many lives were saved.

(vi) The delegation of Bajrang Dal stated thatdisturbances were a reaction to the Godhra incident. They referred to strong resentment among Hindus over thenews of slaughtering of 300 cows at Bharuch on the last Id day.

(vii) Praveen Rawal of Hindu Suraksha Dal said thatthe large concentration of refugees near Wasna Road, Diwalipura area, was causing tension and the camps shouldtherefore be shifted from there.

(viii) It was mentioned by most of the delegationsthat the media had over-played the incident of 27 February at Godhra and thus played a negative role byinflamming passions.

(ix) Shri Kirit Bhatt, President, PUCL, Gujarat,informed the team about the plight of Prof. J.S. Bandukwala, a respected citizen of Vadodara and an activemember of PUCL who has been a consistent critic of both Hindu and Muslim fundamentalism. A mob of around 20people attacked his house at 10 a.m. on 28 February. One car in his compound was completely burnt and theother was damaged. Prof. Bandukwala and his daughter were saved by their Hindu neighbours who gave themprotection. However, he had to leave his house under police escort after his house was attacked again thefollowing day and his Hindu neighbours went into hiding for 3-4 days fearing an attack on them.

(x) Shri Kirit Bhatt informed the team that situationin Vadodara had become tense on 27 February afternoon after the incident of stabbing in the presence of policeat the Railway Stn. when the Sabarmati Express arrived from Godhra. One Muslim was killed and two wereinjured. Shri Bhatt blamed the local political leaders for using the electronic local media in the mostdespicable manner. He requested the Commission to see the video-cassette of the speeches made on Local TVChannel (JTV, Deep and VNM) by Ajay Dave, Nalin Bhatt, Deepak Kharchikar, Neeraj Jain, Bhartiben, JitendraSukhadia and others. Shri Kirit Bhatt stated that from the 15th of March, the second round of violence eruptedwhen the VHP gave a call for Ramdhun procession in response to the Shilladan at Ayodhya. The Muslimestablishments which survived the fury of first round were systematically attacked in the second round.

The team arrived at Godhra around 10 AM on 22ndMarch. The District Magistrate, Ms. Jayanthi S. Ravi, briefed the team about the current situation. The teamthereafter visited the site near the railway station where the coaches S-5 and S-6 of Sabarmati Express whichwere the target of attack on 27th Feb. stand parked. The team inspected both the coaches and observed that incoach S-6 everything except the steel frame was completely gutted. The team then went to the railway stationand spoke to Shri Jai Singh Katija, Station Superintendent, and some eye witnesses of the incident of 27thFeb. Shri Shafi Ghulam Rasool, a tea stall owner, said that around 8 AM on 27th Feb. when the SabarmatiExpress arrived, he had seen the slogan-shouting passengers who alighted from the train. He heard about theiraltercation with tea vendor, Siddiqui Bokkar, only after the train left. Shri Bhairon Singh, tea vendor,stated that the karsevaks had quarreled with Siddiqui. Constable Karan Singh Yadav of RPF said that he hadseen 2-3 passengers in a scuffle with the tea vendor. ASI, GRP, Chatter Singh Chauhan, said that the karsevakswere trying to force the tea vendor to raise the slogan ‘Jai Shri Ram’. He also stated that one of thekarsevaks had pulled the beard of a Muslim tea vendor and asked him to utter the words ‘Jai Shri Ram’.They also beat the vendor. After the train started and before it could leave the platform, the chain waspulled. As the train halted, it was attacked with stones from the left side. The GRP staff rushed to thetrain, chased away the crowd and the train was made to leave. However, there was second chain pulling and thetrain stopped at a distance of about one kilometer from the railway station near ‘A’ cabin. It was at thisspot that coaches S/5 and S/6 were heavily stoned by a mob, which later burnt coach S/6. SI M.J. Jhalla, PSO ,GRP said that he had learnt about the incident at 8 AM and before he reached the spot at 8.15 AM, the coachhad already been burnt. His estimate of the crowd was 500 to 700. He said that on his orders the RPF had fired4 rounds to disperse the mob. Shri Jai Singh Katija, Station Supdt. said that he had come after the incidentand learnt about the altercation between the karsevaks and Muslim tea vendor over the raising of ‘Shri RamBolo’ slogan and subsequent attack on the train. He said that the train had arrived at 7.43 AM and left at7.48 AM. The first chain pulling was at 7.50 AM. The train again left at 7.55 AM and came to halt at 7.58 AMwith the second chain pulling. He said he alerted the civil authorities, the RPF and GRP rushed to the spot.After the district police came, situation was brought under control by resorting to firing, which resulted inkilling of 2 attackers. The police firing was effective in chasing away the attackers and preventing anyfurther loss of life.

The DM briefed the team about the action taken by theDistrict Administration to arrange medical aid for the injured, and move the train at 12.40 PM after detachingthe coaches S/5 and S/6. The tragedy had taken 58 lives – 26 women, 12 children and 20 men – all burntalive. She described the arrangements made by the District Administration for the despatch of bodies after thepost mortem examinations were conducted the same day.

Anticipating violent reaction to the ghastlyincident, the DM imposed curfew in Godhra city at 10.55 AM on the same day. Curfew was imposed in Kalol city,Vejalpur, Derol and Halol, Lunawada and Gohoghamba cities on the 28th February. Curfew was imposed inSantrampur city on 1st March and at Mora, Rampur (Kasanpur) Natapur and Morva Hadaf on the 2nd March. Army wascalled on 1st March and its 3 columns were deployed at Godhra, Lunawada and Halol where effective flag-marcheswere held. 8 miscreants were injured in army fire on 3 March and one on 4 March. Army had to resort to firingto clear access to some villages blocked by the miscreants from where members of minority community had to berescued. Army columns were used effectively in intensive patrolling and were helpful in rescuing members ofthe minority community.

The DM informed that a total of 7569 persons wererescued – 1065 from Godhra and the rest from 27 villages and taken to safer places. The SP and the DMconfirmed that no Muslim population has been left behind in these 27 villages. They could not give a definitereply about the safety of their houses, agricultural land and the standing crops left behind by these persons.

Special police protection has been provided at thefollowing places with estimated number of the Muslim population given against each:

8169 persons are accommodated in 7 relief campsincluding the Iqbal Primary School camp at Godhra. These camps are being run by the minority community itselfwith supply of food-grains and milk by the administration.

The DM stated that 81 riot causalities have beenreported from the district – 77 Muslims and 4 Hindus. 9 persons have died in army/police firing. Pandarwada(23 killed), Kalol (14), Limidya (13) and Anjanvav (11) are the worst affected villages.

Casualties in firing are: Army – 1 (Hindu) GRP 2(Muslim), police 6 (3Hindus and 3 Muslims).

As per preliminary estimates, 2595 houses, 801 shopsand commercial establishments and 223 vehicles have been damaged in the riots.

A total of 144 offences have been registered oncharges of murder (17), attempt to murder (3), robbery/docoity (45), arson (54) and rioting (25).

A total of 405 persons (320 Hindus and 85 Muslims)have been arrested during the period from 27th Feb to 20 March 2002. They include 11 prominent public leaders,4 of minority community and 7 of majority community.

Shri P.P. Agja, Spl IGP, CID Crime, could not answersatisfactorily the team’s queries about investigation of the crime case registered in connection with thetrain burning at Godhra on 27 February. He informed that two cases have been registered under relevantsections of the IPC, Indian Railways Act and POTO on 27 February. Both are being investigated by Shri K.C.Bava, SDPO, Western Railway, Ahmedabad, and are being supervised by him. It shows that the investigation ofthis important case, has not been formally transferred to the State CID.

A total of 12 Dargahs and 23 mosques have beendestroyed in the district during communal violence. Cases have been registered for each incident and a totalof 76 persons of Hindu community have been arrested.

Visit to Relief Camp at Godhra

The team visited the Iqbal Primary School Relief Campwhich is holding 3040 persons. It is the only relief camp at Godhra. The team met some victims of violence andheard pathetic accounts of their suffering and misery.

Noorunisa, a ten-year old girl from villagePandarwada stated that her uncle was killed in the riots. Bilkis, about 25 years, of Mora village in Morva (H.Taluka) said that she was raped by a group of persons at village Randikapura in Limkheida Taluka of DistrictDahod. The DM informed that her complaint was recorded by the Executive Magistrate in which she has named 12persons. The FIR was also registered and transferred to Limkheida police station for further action. In theFIR she had mentioned only 3 names. Additional names mentioned before the Executive Magistrate are beingintimated to SP, Dahod.

Maqsooda, a young woman bearing marks of injurycaused by sword on her head, has been rescued from village Anjanva. She said that she was thrown into a wellalong with her two children who are no more. She said that a total of 12 persons were thrown into the well.Only three of them could be rescued. The rest nine died. This was confirmed by the D.M.

Delegations

The team heard 6 delegations of Hindus and 2 ofMuslims. Shri KP Seth, representing Federation of Panchmahal Industries stated that the Hindus have been thetarget of attacks by Muslims since Independence and their patience is wearing out and it is, therefore,natural for them to take the offensive.

Mr. Sharad Shah, Educationist said that thedisturbances are caused only by ‘Goondas’ belonging to both the communities.

Shri Kishore Lal Bhayani. Ex-President, Nagar PalikaSindhi Society pointed out the need for strengthening police presence at railway station, old bus stand andtwo other places. He stated that frequent reports of cow-slaughter by Muslims is causing provocation toHindus.

Son of Sanji Bhai Damor, 7 time MP (Lok Sabha) fromDahod said that the VHP and Bajrang Dal activists had incited tribals to attack Muslims and that propertyworth crores has been destroyed in these attacks.

Ahmed Bhai Kalota, District President, Janta Dal,said that the present policies of Govt. cannot bring about peace. He criticized the Govt. for arrestinginnocent persons including the President of Godhra Municipal Corporation in the Godhra incident case. He alsocriticized selective application of POTO. He said that about 100 Muslims have been burnt in village Pandarwada.

Jainuddin of Bohra community condemned Godhraincident and held both the communities equally responsible for communal violence. He appealed for speedyrehabilitation of the displaced persons and restoration of communal harmony.

As the number of persons desirous of meeting the teamof the Commission in each city was vast, they were encouraged to express their views, whenever possible, ingroups and to submit their views in writing. The Commission regrets that it was impossible, within theconstraints of the time available and the circumstances prevailing on the ground, to meet individually withall of those who sought to interact with the team. However, all such persons were also requested to submittheir views and concerns to the Commission in writing, for the study and consideration of the Commission. Alarge number of written representations were thus submitted to the team, both during its stay in Gujarat andsubsequently. All of these are being carefully examined.

Sd/-