Foreward

Crime Against Humanity 
Volume I An inquiry into the carnage in Gujarat 
List of Incidents and Evidence 
By Concerned Citizens Tribunal -Gujarat 2002

Foreward

What a shock and shame that India’s fair secular name should suffer dastardly dis-grace through the recent government-abetted Gujarat communal rage, compoundedby grisly genocidal carnage and savage arsonous pillage, victimising people of Muslimvintage—and ‘unkindest cut of all’— allegedly executed with the monstrous abet-ment of chief minister Modi, his colleagues and party goons. The gravamen of thispogrom-like operation was that the administration reversed its constitutional role and,by omission and commission, engineered the loot, ravishment and murder which wasmethodically perpetrated through planned process by chauvinist VHP elements, goadedby terrorist appetite. What ensued was a ghastly sight the like of which, since bleed-ing partition days, no Indian eye had seen, no Indian heart had conceived and ofwhich no Indian tongue could adequately tell. Hindutva barbarians came out on thestreets in different parts of Gujarat and, in all flaming fury, targeted innocent andhelpless Muslims who had nothing to do with the antecedent Godhra event. Theywere brutalised by miscreants uninhibited by the police; their women were unblush-ingly molested; and Muslim men, women and children, in a travesty of justice, wereburnt alive. The chief minister, oath-bound to defend law and order, vicariouslyconnived at the inhuman violence and some of his ministers even commanded themacabre acts of horror.

There was none to question the malevolent managers of communal massacre. Thecriminal outrage, there was none in uniform to resist, not even to record informationof the felonies. Nor was there any impartial official to render succour or assure civilisedpeace. When government failed and the local media distorted the truth, the fascisttrend flourished and the barbaric, fanatic, rapist human animals remained unchecked.Awakened by this sinister scenario, people of conscience, all over the country, feltthe gory, catastrophe merited investigation. Thus was set up a committee of enquiryformally headed by me, but actively and functionally managed by a great young lady—Teesta Setalvad. She organised the services of eminent judges whose retirementwould not inhibit them from throwing all their energy to the enquiry process—a signal public service. A great team, valiant paradigm, joined them. They collectedevidence of the gruesome events, lethal incidents, vicious environs and the complic-ity of people in authority who were vicariously guilty of the indescribable offenses.Those who sat on the committee—they were superannuated judges, a militant marvelof an advocate and four other noble public figures—made great sacrifice and ren-dered free service. They were experienced as judges and seasoned social activists, andknew what a judicial enquiry called for—an objective, yet sensitive examination ofthe overall holocaust. They pooled testimonies sought from official and non-officialsources, and pooled all probative material. People came and gave evidence, someofficials showed up to unfold what they knew had happened. The Tribunal toured,restlessly strove to get at the traumatic truth and were guided by the necessity ofhearing both parties. Grievances poured in. Tears and fears were placed before theTribunal. I was there only for a day and, therefore, cannot claim to have participatedsubstantially in the enquiry. But my colleagues have done an anguished job, lookinginto tons of material, sifting and sorting and producing a brave, massive report. Icommend their task to the Indian People. I cannot but condemn the culpable delinquency of those in power in Gandhinagar nor, indeed, is it possible to absolve theCentral rulers in Delhi who failed to act and, perhaps, connived by omission, theharrying operation in Gandhi Country; I mean Gujarat, where the greatest man of ourtime was born, with the noblest example of secular symphony of religions. Yet, actionhas to be taken against heinous culprits since justice shall be done under the IndianConstitution. Be you ever so high, the law is above you.

My message and my mission is the presentation of an exhaustive report, whichdoes credit to those (other than me) who prepared, sedulously and feelingly, findingswhich they were commissioned to do by their conscience and the nation.There are tragic, traumatic conclusions and creative, corrective recommendations.There are measures, punitive and rehabilitative, for victimological constitutional ac-tion. My task is to place the report before the people. Know ye the Truth and theTruth shall make you Free—provided We, the people of India, act promptly andfearlessly.

The melody of communal unity, the beauty of religious amity and the secularity ofIndian humanity—these glorious values are the mission and message to the nation.Let us struggle to sustain this supreme value, lest we, as a people, perish by divisiveideology. The Gujarat episode is an evil event and disastrous portent. Let us battlefor the success of our pluralist culture, secular heritage and social-justice-illumineddemocracy. India must win! The integrity of our fraternity shall never surrender toberserk, blood-thirsty political bestiality.

Justice VR Krishna Iyer 
October 24, 2002