A last brush stroke on Sanjeev Bhatt’s erratic comportment is given by senior lawyer Ram Jethmalani in a Sunday Guardian article. The man “handed over charge and his official computer, leaving all his emails in an unprotected mode for all to read”... The state government forwarded the material to the SIT for investigations, and thanks to this irresponsible gesture, authorities harvested details of his “hobnobbing with the Opposition Congress party in a thoroughly illegal and almost seditious manner to concoct evidence against the Chief Minister and the state of Gujarat”. To this end Bhatt was in constant touch with top Congress party leaders, from whom he received not only guidance,but “packages” and “materials”, as per his own statement.
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Nicole Elfi is a French author. She has written books on Indian spirituality and on Indian politics and history.
From: Wikiquote (CC BY-SA 4.0)
As for Sanjeev Bhatt’s testimony, the SIT called fax messages produced by him “not genuine”, “forged document, fabricated subsequently by someone with a vested interest.” 25 “This conduct of Shri Sanjiv [sic] Bhatt in arranging, prompting and controlling the witness [a witness produced by him] to corroborate his statement is highly suspicious and undesirable.” 26 And from the location of his mobile phone, his claim of being present at the said meeting at the Chief Minister’s residence proved to be false. “Shri Sanjiv Bhatt is a tainted witness and therefore, cannot be relied upon keeping in view his background in the police department as he was involved in criminal cases of serious nature and departmental inquiries are also in progress against him.” 27 Cases against him included inflicting torture in custody leading to death, abduction, extortion and unprovoked firing, killings and planting narcotics with a view to blackmail. SIT head R.K. Raghavan concluded that Bhatt had lied and brought in tutored witnesses to falsely implicate Modi. 28 The Gujarat Vigilance Commission recommended his suspension twice (on 15-07-2002 and 19-10-2006) for professional misconduct, but each time he managed to evade prosecution.
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They however found a fertile ground in the US, especially with the evangelical lobbies. 14 On 1 st April 2002 Teesta Setalvad created “Citizens for Justice and Peace” (CJP), an NGO “outsourced by the Congress to the job of attacking Modi”, as Madhu Kishwar put it. 15 The activists approached the United States Commission on International Religious Freedom (USCIRF), a U.S. government-funded body, with known roots in the evangelical movement, whose “original intention was to protect Christians around the world ... to review facts and circumstances of violations of religious freedom internationally — and to make policy recommendations to the President, Secretary of State, and the Congress”. 16 Testifying before the USCIRF, Teesta Setalvad alleged that the BJP had conducted: successful pogroms and attacks against the countries religious minorities, ...
In order to quickly gather a crowd of angry Muslims to the Godhra station and attack the train, so that no one would guess who was pouring petrol in the S6 and S7 coaches, rumours that a Ghanchi Muslim girl had been abducted by the Kar Sevaks were spread by the Jamiat-Ulema-E-Hind (JUH), a long-standing ally of the Congress.
On 27 February 2002, when a coach of Hindu pilgrims returning from Ayodhya went up in flames at Godhra railway station, a Congress member of the Godhra municipality, Haji Balal, led a mob and stopped the fire-fighting vehicle on its way to the station. The fire crew reported that “he had been visiting the fire station at night for the past few days on the pretext of watching films on television.” Haji Balal, a few days earlier, had the clutch plates of one of the main fire-fighting vehicles removed; in the second vehicle, the nut connecting the pipe to the water tank was spirited away.
This appears to be a pattern: whenever Muslim riots or bomb attacks target Hindus, it is thought acceptable to accuse the victims, in order to avoid possible revolts. Thus in 1993 in Mumbai, after eleven coordinated bomb blasts in Hindu majority areas, which killed 257 people and injured 713, the then Maharashtra Chief Minister Sharad Pawar quickly cooked up a twelfth explosion ... in a Muslim area! “I have deliberately misled people,” he explained later, to show that both communities had been affected.” 25 And to portray both communities’ potential to behave as “terrorists”. Truth and clarity of mind are the casualties.
However, under pressure from the UPA Government and pestered by the National Human Rights Commission and Citizens for Justice and Peace NGO, on October 21, 2008, the Supreme Court, headed by Chief Justice K.G. Balakrishnan (whose tenure was marked by allegations of misbehaviour) directed that the Prevention of Terrorist Act (POTA) could not be used against the 134 accused in the Godhra train burning incident. The trial would have to be held under the regular provisions of the Indian Penal Code. This amounted to accepting prima facie that the guilty were not terrorists...
It is easy to see why the Nanavati Report was frowned upon by Citizens for Justice and Peace, namely Activist Teesta Setalvad who asked the Supreme Court “to restrain the Gujarat Government from acting upon, circulating and publishing this report.” Fortunately on October 13, 2008, the highest court sharply turned down the petition, thus making the testimonies and inquiries available to all.
Neelkanth Bhatia, among the few survivors, was not. He gathered enough strength to challenge the formation of this committee, and in October 2006, the Gujarat High Court quashed the conclusions of the Banerjee Committee. It declared its formation as a “colourful exercise,” “illegal, unconstitutional, null and void,” and its argument of accidental fire “opposed to the prima facie accepted facts on record.” Moreover, one high-level commission conducted by Justice Nanavati-Shah had been appointed by the Gujarat Government to probe the incident, two months earlier. The Court also did not miss the point that the interim report was released just two days before the elections in Bihar—the State of the Railways minister, well-known for his political ambitions and notorious for his histrionics. Politicians know no common sense or shame. But what about the judiciary?
English language newspapers ... appeared to have assumed the role of crusaders against the State [Gujarat] Government from day one. It coloured the entire operation of news gathering, feature writing and editorials. They distorted and added fiction to prove their respective points of view. The code of ethics prescribed by the Press Council of India was violated ... with impunity. It so enraged the citizens that several concerned citizens in the disturbed areas suggested that peace could return to the state only if some of the TV channels were closed for some weeks.
In rural areas the Vanavasis attacked the Muslim moneylenders, shopkeepers and the forest contractors. They used their traditional bows and arrows as also their implements used to cut trees and grass while attacking Muslims. They moved in groups and used coded signals for communication. Apparently, the accumulated anger of years of exploitation ... had become explosive.
Human Rights Watch Smita Narula’s report (30 April 2002) was titled “ ‘We have no order to save you’—State participation and complicity in anti-Muslim violence.” Issued from US shores, its words were lapped up by the Indian elite and politicians... But where are the facts to corroborate such an allegation, which of course was instantly peddled the world over? Can a “carefully orchestrated attack” happen overnight? And how can someone sitting in the U.S., gauge the “spontaneity” of such an outbreak?
Especially in light of the revelation that “a host of Gujarat riot case victims were misled into signing affidavits giving false information, for which as many as ten of them had received 100,000 rupees from Setalvad’s Citizens for Justice and Peace. A list of names were sent to the CPI(M) relief fund, and demand drafts were handed out at a function in Ahmedabad on August 26, 2007 by CPI(M) politburo member Brinda Karat, Teesta Setalvad and Rais Khan.” 14 On April 13, 2009, the Supreme Court-appointed Special Investigation Team (SIT) charged the activist Teesta Setalvad, with “adding morbidity” to the post-Godhra riots by “cooking up macabre tales of killings”. The SIT report stated that all the affidavits of 22 witnesses were drafted, typed and printed from the same computer, giving sufficient grounds to believe they were “tutored”. When the SIT questioned those who signed the affidavits, it was shocked to learn that these complainants were not even aware of the incidents. 15