Consequently, just after the fast-track court acquittals, three members of Zaheera’s community “barged into her home” around midnight, and told her s… - Nicole Elfi

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Consequently, just after the fast-track court acquittals, three members of Zaheera’s community “barged into her home” around midnight, and told her she would have to change her statement “in the interests of the community.” This meant that Zaheera had to declare that she had lied to the court (which is a criminal offence). Did she have a choice? Along with her mother and brother, she was taken to Mumbai “without their consent,” and brought to Teesta Setalvad, 11 an activist of the much- vaunted “human rights.” The activist took them under her wing for several months, accommodated them in a rented apartment while providing assistance for a living. In the meantime she prepared affidavits (in English which Zaheera does not read) for the girl to sign before the National Human Rights Commission (NHRC), in which she “confessed” to having lied to the Vadodara trial court, “trembling with fear and threatened” by BJP MLA Madhu Shrivastav (who had nothing to do with her area and whom she did not even know). And Zaheera now designated as guilty, the twenty-one people she had considered innocent. All media were ready with their cameras, mikes and pens to splash the news.

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About Nicole Elfi

Nicole Elfi is a French author. She has written books on Indian spirituality and on Indian politics and history.

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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?

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...

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A few journalists then booked their tickets for Gujarat. As far as we can see, they had a framework in place: the outbreak would be dealt with independently of the Godhra carnage, as a different, unrelated issue; it was a planned violence perpetrated by “fundamentalist” Hindus against Gujarat’s Muslims, fully backed by the State of Gujarat. From this day on, the burning of coach S-6 was to be left behind, forgotten.

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