Introduction

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

Introduction

The Concerned Citizens Tribunal – Gujarat 2002, was conceived as a response tothe carnage that rocked the state of Gujarat following the Godhra tragedy on Febru-ary 27, 2002. The eight-member Tribunal was constituted in consultation with a largenumber of groups from within Gujarat and the rest of the country. A copy of itsterms of reference and a list of the groups urging that such a People’s Inquiry belaunched is annexed hereto and marked as Annexure 1.

The Tribunal collected 2,094 oral and written testimonies, both individual and col-lective, from victim-survivors and also independent human rights groups, women’s groups,NGOs and academics. The documentation work done by relief camp managers andcommunity leaders, from lists of persons killed or ‘missing’, to the meticulous tabula-tion of economic loss and religious desecration, is unprecedented and immense. TheTribunal has benefited greatly from these and they are being published in a separatevolume of annexures to our report. In addition, over one dozen detailed fact-findingreports and inquiries were placed before the Tribunal and we have benefited greatlyfrom a close scrutiny of these. We have also collected photographs, copies of FIRs,audio-and video-tapes, as evidence. The sheer volume of the evidence on record tookan enormous amount of time and human resources to sift through and evaluate. Yet, asin all human endeavours, there may be deficiencies in the report. For these, we pleadextenuation and understanding as unlike in case of official inquiries, it has been volun-tary commitment from a whole team that has enabled the completion of this report.The Tribunal pays tribute to the victim-survivors, individually and collectively,who deposed before us at great risk to their person in the simple hope that one dayjustice will be done and the guilty be punished. Even as the Tribunal sat in Ahmedabad,there were threats and premises like the circuit house at Shahibaug were denied usdue to the omnipresence of prowling mobs. We acknowledge our great debt to theactivists on the ground who worked day and night to bring the victims and reliableeyewitnesses to us.

After recording evidence, visiting sites, placing on record statements and collectingother relevant material, the Tribunal arrived at some prima facie conclusions. These were forwarded along with our recommendations to both the central and state gov-ernments and their views were awaited. However, the Tribunal regrets that neitherthe state government nor the central government, or individual ministers to whomrequest letters were sent, responded. Though we are entitled to draw adverse conclu-sions from this lack of response, because that they did not respond to the interimfindings, we do not propose to do so.

However, many senior government officials and police officers did agree to meetthe Tribunal, responded to our queries, shared insightful observations and presentedsome valuable evidence to us. One minister also appeared and deposed before us. TheTribunal had assured this witness (minister) and other officials that their anonymitywould be protected. Hence, while their valuable evidence is reflected in the Findingsof the report, they have not been identified. Anonymity was urged especially becauseof the fear of reprisal from political bosses if names became known.

The Tribunal has independently accessed volumes of material that helped us arriveat our final Findings and Recommendations. The Interim findings and Recommendations areannexed as Annexure 6, Volume 1.

In a democracy, the people’s right to information should be paramount. Any gov-ernment wedded to this basic right should have eagerly cooperated in the effort of acitizen’s tribunal to inquire and let the people know what happened in Gujarat, whoengineered the carnage, and who the guilty are.

The Tribunal undertook this huge task as part of the exercise of this fundamentalhuman freedom. The health of any society lies not in denials and half-truths whengrave injustices have occurred, but in courageously admitting to them, righting thosewrongs with justice and then reconciliation. That both the government of Gujaratand the government of India did not participate in the inquiry reveals their utterdisregard for the people’s basic democratic right to know.

Having completed its task, it is with humility that the Tribunal presents this reportto the country and the world. Even as we complete our task, we know and recognisethat our country’s record in the matter of punishment of the guilty in cases of masscrimes, against the minorities, against Dalits, and against the poor has been pathetic.Yet, with hope that is eternal to the human condition, we do present this report in thebelief that, this time, knowing the truth will help us chalk a future that is radicallydifferent.

The sorry state of the rule of law in the country is closely connected to the func-tioning and accountability of our courts, and the criminal justice system is crying outfor radical reform. We hope that with justice to the victim-survivors, these reformswill become a matter of urgent political debate.

The Tribunal would like to express its gratitude to justice GG Loney (retd) whoparticipated in some sittings of the Tribunal. The panel also benefited from the in-sights provided by justice PD Desai (former CJ Mumbai, Kolkata and Himachal PradeshHigh Court) who met us in Ahmedabad, and over lengthy discussions, enhanced ourunderstanding and grasp of the situation.

The setting up and the functioning of the Tribunal was made possible due to theCitizens for Justice and Peace, an association of committed citizens from all walks oflife, from Mumbai and Ahmedabad, who came together to garner support for the fightfor justice, post-carnage. The Tribunal acknowledges its huge debt to this group thatfelt duty and conscience bound to support and make possible such a Citizen’s Inquiry.The committed team from Sabrang Communications and Publishing, Mumbai, ablyhandled the secretariat of the Tribunal. Dr Uma Sheth and Rashmi contributed oftheir time generously. Their responsibilities included coordinating the schedules ofthe Tribunal in Ahmeabad and from it’s districts--its sittings, recording of evidence,translating and transcribing the evidence and handling voluminous material. Thencame the task of deliberations on the evidence by the panel which constituted theTribunal and finalising this report.

During the Tribunal hearings, the India Centre for Human Rights and Law, Mumbai,Prashant, Ahmedabad, and PUCL-Shanti Abhiyan, Vadodara, provided able supportfor the Tribunal’s hearings.

The panel that constituted the Tribunal pays a humble tribute to all the hapless andinnocent victims of the ghastly Gujarat carnage. We dedicate this report to them andto their surviving relatives. And also to each one of those women and men who, atgreat risk to their person, provided succour and helped expose the truth.