[sacw] SACW #2 | 27 July 02 Nepal / India - Gujarat

[Harsh Kapoor]

South Asia Citizens Wire #2 | 27 July 2002

>From South Asia Citizens Web:
http://www.mnet.fr/aiindex

__________________________

#1. Nepal : Sick of war - Women and children are affected the most.=20
(Aruna Uprety )
#2. India: 'Healing touch for Gujarat' - Interview with M Hasan Jowher
#3. India: Letter to The Chief Election Commissioner (Teesta Seetalvad)

__________________________

#1.

Daily Star (Dhaka)
26 July 2002

Nepal : Sick of war
Western Nepal faces a food emergency and a health emergency. Women=20
and children are affected the most.

Aruna Uprety

The woman had visited the health post with her sick baby. The health=20
worker gave her some tablets and told her to give them to the child=20
after meals. Two days later, the health worker asked her how the baby=20
was doing. "I haven't been able to give her the medicine because you=20
had told me to give it after food," the woman replied. "I have no=20
food at home, and we haven't eaten for days."

The Maoist insurgency in western Nepal is taking its toll on the=20
health of villagers, and the conflict is eroding many of the gains of=20
the past decades in immunisation, maternal and child health. But the=20
crisis goes beyond lack of medicines and vaccines:

there is a danger of widespread malnutrition as the conflict makes=20
food scarce, with repercussions on children and their mothers.

We were in Doti to organise a follow-up training of auxiliary=20
midwives and staff nurses and also run a health clinic. (See "Women=20
are dying in the far-west" by Aruna Uprety, #52). Thirty-five health=20
workers from Accham and Doti were to take part. Only half of that=20
number attended because they just didn't get the message. The phones=20
are down, the postal service doesn't work, the buses don't ply.

And then the poignant question put to us by a nurse from Achham, for=20
which we had no answer: "As a health worker, am I of any use in this=20
situation? Most of my patients don't need medicines, they need food."=20
The mule trains that traditionally transported food to Accham are=20
stopped by both the security forces and the Maoists. "They should=20
leave the locals alone," said one nurse. "We don't know what will=20
happen when the potato and grains are exhausted."

Most health workers say they will abandon their health posts once=20
food supplies run out. They have no choice. This could create a=20
humanitarian crisis in a region where services were poor even at the=20
best of times. Even by Nepal's dismal human development standards,=20
the west is the worst. The far-west has traditionally had the poorest=20
maternal and infant mortality statistics in Nepal. The status of=20
women in society is lower here than elsewhere, and female literacy is=20
only nine percent. So, although no one is healthy here, the burden of=20
disease tends to be heavier for women because of lack of access to=20
health care. All this is now made much worse because of the conflict.

There is an epidemic of gynaecological problems, but either there is=20
no health care, or the hospital is not accessible, or women hesitate=20
to visit male doctors. But today, all these problems have been made=20
far worse by the direct and indirect effects of the conflict. The one=20
with the most serious implications for health is the food shortage,=20
which is reaching crisis proportions. "Helicopters bring in food for=20
government officials and security people, but there is nothing for=20
us," says a midwife from Achham.

Among the women at the health camp is a woman who used to run an=20
eatery last year at Mangalsen. "I closed it," she told us. "The=20
Maoists kept asking for money, and the security people accused us of=20
feeding the Maoists." It is the same story everywhere: as the=20
conflict drags on, ordinary people like her are caught in the middle.=20
Most of the time at the health clinic, we were counsellors and not=20
doctors. Listening to the patients' problems with the lack of food=20
for themselves and their children, all we could suggest were simple=20
remedies and prevention methods.

Travel has become difficult and dangerous. There are checkpoints=20
everywhere. There is no food, so you have to carry your own=20
provisions. But there is no guarantee that your food won't be=20
confiscated at a checkpoint. There are unofficial dawn to dusk=20
curfews in every town, "unofficial" because it they aren't announced=20
anywhere, news of them travels by word of mouth. Curfew violators are=20
taken in, even shot. The lodge-owner in Doti warned us to eat and go=20
to bed by 7PM. Outside there is a deep silence punctuated by a=20
barking dog, and the rustle of leaves. There is "peace" here in=20
far-western Nepal, but it is a deathly peace.

And as in all conflicts everywhere, it is the women and children who=20
are most vulnerable. At last year's clinic in Doti, we were swamped=20
with 2,000 patients. The VDCs had been mobilised to spread the word,=20
and sick women came from surrounding districts, some walking or being=20
carried for 10 hours. Others came all the way from Dailekh district,=20
carrying their own food.

This time, with the VDC network all but non-existent, word of the=20
camp couldn't get around. And even if it did, the difficulties of=20
travel kept most sick women at home. The logistical difficulties in=20
getting to us, and the lack of communications meant that we were able=20
to treat less than 600, all people from nearby villages. It's not=20
that there weren't more sick peoplethey just couldn't get to us. We=20
brought back half our medicine supplies to Kathmandu because we could=20
not dispense them to the sick and needy.

In the government's scheme of things, the security emergency takes=20
precedence over medical emergencies. "We just pray to god that=20
nothing happens to anyone at night when there is a curfew," says one=20
social worker from Kailali, and adds with a hint of sarcasm in her=20
voice: "No emergency is more urgent than the state of emergency."

Aruna Uprety is women's health and reproductive rights activist. This=20
piece is printed by arrangement with the Nepali Times.

_____

#2.

The Times of India
26 July 2002
INTERVIEW

Healing touch for Gujarat
[ FRIDAY, JULY 26, 2002 12:00:00 AM ]
M Hasan Jowher has been a fighter all his life. An Ahmedabad-based=20
management and infotech consultant, he founded SPRAT (Society for=20
Promotion of Rational Thinking) with the specific aim of fighting=20
obscurantism and superstition. The riots that devastated Gujarat=20
shattered him too. Yet, rather than wallow in self-pity, today he is=20
back in combat mode, fighting for the educational, economic and=20
professional empowerment of the riot victims. In an interview to=20
Vidya Subrahmaniam, Jowher looks ahead at possible ways to heal=20
Gujarat:
How do you react to the news of the dissolution of the Gujarat assembly?
That Narendra Modi regards the massacre of Muslims as deserving of an=20
electoral mandate deeply disturbs me. More than the future of=20
political parties, this election will test the electorate's=20
commitment to secularism and the Hindu community's rejection of=20
Modipolitik. Given the state of insecurity, displacement and state of=20
mind among the minorities, holding elections now would effectively=20
disenfranchise a vast populace and militate against true democracy.
Are you satisfied with the rehabilitation work?
I would describe what is happening now as "cheque violence", or the=20
destruction of the last vestige of hope. Compensation is payable for=20
movable possessions, immovable property and loss of productive=20
assets. While ridiculous amounts - sometimes as low as a cheque for=20
Rs 300 - have been paid in the first two categories, we are yet to=20
see loss of productive assets being compensated for. In the Halol=20
camp, one man died on getting a compensation of Rs 4,000 for his=20
destroyed home. Another went insane. This tragedy is best illustrated=20
by the case of a family that bought undergarments with the money paid=20
out as compensation for the loss of a house.
Compensation came as an opportunity to heal the wounds of the=20
victims. But sadly here too prejudices operate, resulting in=20
arbitrary awards. The compensation schemes themselves were faulty.=20
The guidelines applicable to earthquake victims were used as a=20
framework, overlooking the fact that the structure itself may have=20
survived the wrath of the rioters. Thus, a house with everything gone=20
- doors, windows, floors and all household items - save the bare=20
structure will not qualify for compensation. The compensation for=20
permanent handicap and murder hardly provide hand-holding support. As=20
for rape, given our social set-up, most victims may never receive=20
anything at all.
Have the riot victims returned to work?
Breaking the Muslim economy was a distinct agenda of the rioters as=20
is obvious from the effective boycott enforced by the saffron=20
brigade. Muslims employed as drivers, garage mechanics and shop=20
assistants have been chucked out. Others, who formed a part of the=20
manufacturing supply chains, find that these chains have snapped,=20
facilitating the entry of new Hindu competitors.
What is the state of prosecution?
Prosecution is a big farce. High-profile accused, as in Naroda where=20
nearly 100 Muslims perished, are yet to be arrested. Most FIRs have=20
been falsified; they do not name specific individuals, and often lay=20
the blame on the victims themselves. Former chief justice Ravani is=20
on record as saying that he has never before seen the prosecution=20
defending the accused so brazenly.
Do you see no change in the perception of the common people?
Thanks to the systematic hate propaganda against Muslims for over 10=20
years in Gujarat, Hindus readily believe anything against Muslims.=20
The Muslim leadership is equally responsible for its colossal failure=20
to correct this perception in time. Real security of a community=20
emanates from its social positioning. And this is where the Indian=20
Muslim leadership generally failed.
Do you see any glimmer of hope?
Yes, but it will take a very hard, constructive effort. I firmly=20
believe the common Hindu subconscious will eventually militate=20
aga-inst such barbarism. Indian secularism, to my mind, is largely=20
the product of Hindu flexibility. Besides, Gujarati mercantile=20
considerations warrant peace.
What do you believe needs to be done for the return of normalcy?
I wish our secular activists would employ an idiom and metaphors that=20
the common man, fed on a religious diet, understands. Invoking=20
dharma, citing Guru Aurobindo, Swami Vivekananda etc will be more=20
effective than concepts like human rights, democracy and even=20
secularism.
Likewise, progressive Muslims must do their bit to identify and=20
correct Muslim practices that feed such hate campaigns. We must truly=20
empower the community as citizens of India. I would also like=20
representative Muslim leadership to be realistic. If they could=20
openly declare forgiveness for all minor cases of rioting, it might=20
become easier to pursue the major ones.
The state must effectively prosecute major criminals purely as a=20
matter of law, order and justice, in the sole spirit of the=20
Constitution. And the enlightened bureaucracy must ensure this.=20
Finally, one hopes that Gujarat's Hindu clergy is alarmed by the=20
scale and depth of violence. It needs to spread acceptance - not=20
tolerance - of multi-religious identities.

_____

#3.
July 26, 02
To,
The Chief Election Commissioner,
Nirvachan Sadan,
Sardar Patel Chowk,
New Delhi
FAX- 011-3711023

Dear Mr. Lyngdoh,

As a senior journalist, human rights activist and close watcher of=20
Gujarat, it is with deep pain and concern that I address this=20
memorandum to you. Last Friday, on July 19, 02 the chief minister of=20
Gujarat, Shri Narendra Modi dissolved the state assembly, resigned=20
his post in a bid to push for early elections in that state.

To state that this action is cynical in the extreme is to state the=20
obvious.Mr Modi and his cabinet, have in past month abused sorely=20
their constitutional responsibilities of protecting the dignity,=20
lives and properties of his citizenry. He ruled over a violent,=20
state-wide, premeditated pogrom against a section of the citizenry=20
using the tragic Godhra mass arson as an excuse to justify the sheer=20
scale and brutality of the violence. I spent no less that six weeks=20
in total in that hapless state touring not just the metros but far=20
flung villages to document in detail the happenings. Genocide Gujarat=20
2002 is the outcome. I annexe a copy of this report for you (Annexure=20
1).

In the months that have followed, too, no normalcy or peace has=20
actually returned. The July 12, 02 Jagannath yatra that took place=20
under strict security, where only minority areas were searched and=20
cleansed and no behavioral constraints put on those who had been=20
found to be offenders, show that the state functioning under the=20
current political dispensation has and continues to be partisan and=20
therefore, unconstitutional. In my subsequent survey (Status of=20
Refugees Survey done for the Citizens for Justice and Peace and=20
Communalism Combat writ petition in the Ahmedabad High Court=F3Annexure=20
2), the clearcut situation for refugees who have returned home has=20
been documented: servility or exodus into newly formed ghettos is=20
what a large section of our population faces in Gujarat.

The condition and registration of refugee relief camps in Gujarat was=20
ensured only after six camps went before the Ahmedabad High Court in=20
a petition demanding adequate water, food grain and medical=20
facilities. Subsequently, a PIL filed by CJP and CC in the Ahmedebad=20
High Court evinced an assurance from the state in court (June 4, 02)=20
that their would be no closure of relief camps in the state. Despite=20
this assurance to the Court, the Collector, as representative of the=20
State Government and administration went around

2

coercing camps into closure even threatening managers with criminal=20
action if they failed to close.

Officially, there are now only 13, 482 refugees in the state (all of=20
them in Ahmedabad city) to whom food grains are grudgingly being=20
provided by the district collector. An additional 6,500 more persons=20
continue to live in other camps in Ahmedabad though they have ceased=20
to exist in official records after camps were coerced into closing=20
down. (CJP-CC survey for the PIL). This despite the pendency of the=20
writ petition and the government assurance that there would be no=20
closure of camps. Another 2,000-odd persons are in camps located=20
elsewhere in the state but which have ceased to exist for the=20
government. These camps =F1 Nandasan (419 persons), Dasaj (400=20
persons), Lunva (100 persons), Shivali (400), Gunja (near Visnagar-50=20
persons), Unjha (250 persons) and Lunavada (460 persons) =F1 were=20
summarily closed down between mid-May and early July and the=20
government assumes no responsibility for the relief or rehabilitation=20
needs of these people. Three dozen other camps located at Mandali,=20
Godhra, Halol, Kalol and Anand actually closed down after the state's=20
coercion's compelled them to.

As a result, nearly 25,000 of the over 66,000 (official figure)=20
people who had sought refuge within Ahmedabad city and a majority of=20
the 21,000-odd (official figures) refugees from the rest of the state=20
of Gujarat have been coerced into leaving the camps, their dignity=20
compromised and with no guarantee of security. In over 70 per cent=20
cases, basic rehabilitation costs have also been denied, with cheques=20
of meagre amounts being disbursed.

Furthermore, a statewide status of refugee survey conducted by CC=20
shows how the return of displaced persons to many districts has been=20
dictated by a raw choice: servility or exodus. In Mehsana district,=20
home to prominent cabinet colleagues of Modi, two of whom have been=20
named as perpetrators by eye-witnesses, the villages of Unjha, Raisan=20
are out of bounds for refugees as are Paliyar in Gandhinagar=20
district; refugees form Por in Gandhinagar have returned only to face=20
an economic boycott from the Patel-dominated village. Moghri,=20
Karamsad and Odh in Anand, Prantij in Himmatnagar, Chanasma in Patan,=20
Randhikpur in Panchmahals have been purged of Muslim residents. In=20
many other villages displaces persons belonging to the minority face=20
similar conditions of boycott. Under such circumstances, with no=20
comprehensive official data on rehabilitation efforts, with 1 crore=20
Gujarati voters yet to receive voter identification, what guarantee=20
that the electoral rolls under a blatantly partisan government will=20
be fairly updated reflecting the brutal reality of the situation?

The over two dozen affidavits filed by the petitioners, 24 camp=20
managers and refuge seekers for the hearing of the writ that came up=20
before Justices Sinha and Panchal of the Gujarat High Court on June=20
26, are revealing. Asgarkhan Babukhan Pathan, aged 30 years, a=20
labourer, formerly resident of Darbarnagar, Navapura, Vatwa,=20
Ahmedabad, residing at the Jahangirnagar Relief Camp, camp no. 9,=20
Vatwa has in an affidavit has sworn that: =ECAt present about 600=20
people are still taking shelter in the same place where
3

the camp existed till June 1, 2002 under the open sky=D6 No relief is=20
being given to the camp organizers as the collectorate has already=20
closed down the camp. All 600 of us are now depending upon private=20
parties for food=D6 I have not yet received any compensation amount=20
including the amount of Rs. 1,250 for loss of utensils, which the=20
state government is required to give as per the GR. I have received=20
no compensation for the loss of my home, a loss that amounts to Rs=20
50,000.=EE

Javed Munnabhai Sheikh, the administrator of the Patrewali Masjid=20
relief camp, Saraspur, Ahmedabad says before the High Court :=ECThere=20
are 358 families, ie, 1728 inmates in the relief camp of which I was=20
a manager. The liaison officer from the collectorate was regularly=20
verifying our records and the number of inmates. The district=20
collector had mounted the pressure on me to close the camp. One=20
method used was checking the number of inmates very often during odd=20
hours. On all previous occasions, the district collector had counted=20
the inmates and their number had tallied with the official figure=D6In=20
fact, more than Rs 60,000 is yet not given by the district collector=20
to the camp organizer for provisions. A cheque dated May 3, 02 was=20
handed over to me on June 18, 2002. It was due to this constant=20
harassment that the camp organizers had sent a letter on June 14,=20
2002 to the deputy collector for closure of the camp which was=20
readily accepted by the office of the district collector. The inmates=20
have not reduced despite the closure; the state government refuses to=20
take over the camp and the lack of provisions from the government=20
makes it difficult to continue.=EE

Mohammed Raza Ahmed Saiyed, aged 39 years, a labourer and presently=20
an organiser of Jahangir Relief Camp, Registered Camp No. 9 at=20
Saiyedwadi, Vatva, Ahmedabad:
=ECThe camp had commenced on February 28, 2002 onwards, at which time=20
the total number of inmates in the camp were 1738; these reduced to=20
1678 by May 31, 02. The inmates are from the Vatwa area whose homes=20
have been completely destroyed and they are too scared and afraid of=20
returning to their respective homes. No compensation amount for=20
repairs of the house has been given. Further, Rs. 7/- per person per=20
day is yet to be given to the victims. The total outstanding amount=20
is approx Rs. 7,07,128.50 towards the camp organizers. Since June 4,=20
02, due to immense pressure and arm-twisting method of the district=20
collectorate, the camp organisers were compelled to write a letter to=20
the district collector to close down the camp and all victims have=20
been asked to leave the camps. The office of the district collector=20
had threatened the camp organizer, i.e., myself of implicating him in=20
some criminal offence if the relief camp was not closed down merely=20
because while checking the camp some inmates were not present=D6.I, the=20
camp organiser was also told by the collectorate that the outstanding=20
quota of food grains for the previous three weeks would be given if I=20
handed the closure letter. Due to all this pressure, I was compelled=20
to write a letter to the state government asking for closure of the=20
camp. On writing such letter, the food stock was supplied and the=20
camp has been declared closed=D6 Lastly, since the camp has been=20
declared to be closed down, even the municipal corporation does not=20
care for maintaining cleanliness and even water supply has been=20
stopped. All the victims are residing under the open sky and facing=20
prospects of monsoon with trepidation.=EE
4

Meanwhile the status of criminal investigations by the state into the=20
brutal massacres also leaves much to be desired.

Naroda Pattiya Massacre

In late May (Asian Age, May 27), Operation Crackdown launched by the=20
crime branch of the Ahmedabad police, in which the police have tried=20
to arrest some of those directly named in FIRs related to the=20
multiple crimes committed at Naroda gaon and Naroda Pattiya.=20
Operation Crackdown also involved arrestts of those involved in the=20
Gulberg Society massacres.
In Naroda village case the total number of arrests has gone up to=20
seven. The total number of accused, however are 27. Police had=20
arrested two persons on Sunday and two others were arrested earlier.=20
Although names of Naroda legislator Maya Kodnani, VHP general=20
secretary Jaideep Patel and other top leaders figure in the FIR of=20
Naroda Patiya carnage, they have not been arrested till date. On the=20
contrary, crime branch officials say that "their names are not=20
mentioned at all."
Among the names of those arrested, The Times of India, May 28=20
reported that =ECBabubhai Rajabhai Patel alias Babu Bajrangi, Parminder=20
Singh Rajput and Kishan Khubhchand Kooranai were arrested early this=20
morning from Naroda and Saijapur localities and were produced before=20
a court which remanded them to 10 days police custody, according to=20
Joint Commissioner of Police (Crime Branch) P P Pandey quoted in the=20
publication. He said it was a matter of investigation whether they=20
were activists of Bajrang Dal, VHP or BJP or not. "So far we have no=20
evidence to suggests this," he added. "We have arrested them because=20
their names were in the FIR in the case relating to the killing of 86=20
people by a mob on February 28 at Naroda Patia locality of=20
Ahmedabad," Pandey said.
On May 16, The Indian Express quoting a PTI report reported how a=20
single woman witnesses' courage=F3Jannatbi Kallubhai Sheikh--, had led=20
to the arrest of Ratilal rathod alias Bhavani Singh, accused of=20
raping five women at Naroda Pattiya on February 28. Rathod is a=20
driver with the Ahmedabad Municipal Transport Service (AMTS) Jannatbi=20
had filed a detailed complaint listing the name of the accused in the=20
offences.
One of the most troublesome and worrying trends to have emerged from=20
the Gujarat Carnage is the largescale direct involvement of elected=20
representatives in the incidents of violence. This was first recorded=20
through testimonies of victims and survivors. Thereafter, in scores=20
of FIRs lodged by victims and survivors, the names of MLAs figure.=20
The Hindustan Times (May 26) and The Hindu of May 27) report how =EC 1=20
BJP MLA; 1 Cong MLA 1; 4 BJP corporators; VHP Gujarat chief figure in=20
the FIRs: BJP MLA Mayaben Kodnani in Naroda Patia massacre; toll 60;=20
Cong MLA Faruqbhai Sheikh in Kalupur riots; BJP MLA B. Khatri,=20
Corporator Kokabhai in Kalupur riots; BJP Corporators Ashok Saheb and=20
Vallabh Patel in Naroda Patia riots; BJP Corporator Nitin Patel in=20
Naranpura violence; BJP Kheda district general secretary Rajesh in=20
Kheda rioting; VHP state chief Jaideep Patel, Bajrang Dal leader=20
Praduman Patel in Naroda Patia riots.=EE
As disturbing were extensive media reports that expose how the state=20
government, the BJP party and the VHP were pressurising innocent=20
Hindu young meb from Ahmedabad to 'volunteer their names and get=20
arrested' so that the political bigwigs and masterminds go scot free.=20
The Hindustan Times reported on May 3 that. =EC It appears the Vishwa=20
Hindu Parishad (VHP) has been paying
5
poor Hindu boys to own up to being the rioters in the recent violence=20
and surrender to the police. The VHP has also been accused of doing=20
this to help the state government appear to be taking action in the=20
riots cases.
Significantly, last week the state submitted to the Supreme Court=20
that it had arrested almost 40,000 people so far in connection with=20
the riots.
But this has failed to provide consolation or relief to riot victims.=20
People in areas like Kalupur and Gomtipur, which have witnessed more=20
communal violence than most, say the VHP is conducting an enormous=20
volunteering exercise, where poor Hindu boys are being lured with=20
cash to surrender themselves in place of the real culprits. This,=20
they add, will help the state government have satisfactory statistics=20
in their reports.

Gulberg Society, Chamanpura (Ahsan Jaffri case)

On the day of the incident itself PI Erda of the local, Meghaninagar=20
police station filed an FIR; a second FIR was filed the next day and=20
19 persons were first arrested after which another 3 were arrested=20
(see page 27 of Genocide=F3Gujarat 2002). Thereafter in late May a=20
chargesheet has been filed which is not yet public. Then, the=20
Operation Crackdown led by the crime branch of the Ahmedabad police=20
in late May arrested nine more persons, in addition to the earlier=20
arrests made in the weeks following the incident. (The Asian Age, May=20
27). Three main accused are still free.

Sardarpura massacre, Mehsana

Thirty-four persons, mostly women and children, were burnt alive in a=20
small room in Sardarpur village. In all, there are 46 accused and=20
they have been released on bail through four different applications=20
filed before the additional sessions judge, Mehsana, D. R. Shah. Four=20
applications have been filed for cancellation of bail of the accused=20
by advocate Hashim Qureshi appearing for the victims' families. The=20
public prosecutor in the district court, Dilip Trivedi, is also a=20
general secretary of the Vishwa Hindu Parishad, Mehsana district. (He=20
gave an extremely provocative statement on February 28 to the Sandesh=20
daily)=F3see CC, June-July 02.

The four applications for rejection of bail are on the grounds that=20
even after being released on bail, the accused attacked a mosque in=20
the same Sardarpur area. (FIR no. 110/2002 dated May 13 is launched=20
with the Vijapur police station.). The PP did not take any objection=20
to cancellation of bail. The High Court has issued notices in all=20
these four matters filed under section 439(2) of CrPC. Chargesheets=20
have been filed.

Deepla Darwaja, Visnagar, Mehsana district

Twenty-four persons were attacked and subsequently burnt to death.=20
Thereafter, with a view to destroy the evidence, the culprits=20
collected their remains and dumped it in a lake situated in a Patel=20
community area.
Two cancellation of bail applications have been filed by advocate=20
Hashim Qureshi against the 43 accused released on bail. Shockingly,=20
the same PP (Mr. Trivedi) who never objects to bail applications by=20
the VHP and the BJP had in this case, registered his 'no objection'=20
to bail being given to the accused.
These applications have made several pleas, the main ones being that=20
the police conduct in non-registration of names of accused,=20
deliberate non-recording of panchnama and subsequent failure to help=20
locate the victims' bodies all ensured that easy bail was obtained.=20
Prima facie there

6

appears to be biased police conduct, a patent example of culpable=20
negligence. Therefore, a special criminal application has also been=20
made challenging the same.

Gomtipur police atrocities case, Ahmedabad

This case pertains to the death of six persons in reprisal killings=20
by the police on April 21, after a police constable was killed at=20
Dani Limda. Significantly, there were no disturbances in the area on=20
that day, no members of the majority community reside anywhere around=20
where the victims were targeted or shot dead.
Hanifabibi Bashir Ahmed Sheikh (42) a woman residing at Modi Chawl:=20
She was killed because police constable Prakash hit her on the head.=20
The VS Hospital post-mortem report shows cause of death as shock as a=20
result of firearm injury. There is no FIR registered. Nor=20
compensation has been given till this date.
Kalubhai Sheikh (20), male, residing at Jhoolta Minara, Ahmedi=20
Society: Just in front of the society, the police fired from the=20
police chowki. He suffered a head injury and died on the spot. The=20
post-mortem report from VS Hospital identified the cause of death as=20
due to shock as a result of firearm injury.
Naziabibi and Mehmood Husein Sheikh (daughter and father) aged 18 and=20
42 respectively residing at Patel Chawl, Kamdar Medan: While cooking=20
in her kitchen, Naziabi was hit by a police bullet, and she died on=20
the spot due to head injury. Her post-mortem was done at the VS=20
Hospital. Her father, Mehboob Hussein Sheikh was shot at in the same=20
incident, outside the house.
Abrar Ahmed Hanif Qureshi (22),male, residing at Patel Chawl, Kamdar=20
Medan: Though the main gate of the chawl was closed, police aimed=20
from a hole in the gate. Neck injury, died on the spot. Post-mortem=20
at VS Hospital.
Mehboob bhai Sultan bhai Sheikh, (22), male, residing at Maniarwada,=20
Gomtipur: The police entered the chawl from a private house. Deceased=20
was on the roof of his house when one police constable along with=20
several police personnel beat him mercilessly. Then the constable,=20
using a private firearm concealed in his socks, shot him from point=20
blank range. Four different applications have been filed before the=20
Gujarat High Court on behalf of the victims and supported by the=20
Islamic Relief Committee, praying for the special investigation by=20
the crime branch and inquiry against the culprits/police constables=20
and for compensation. The grounds: The police authority totally=20
failed in discharging their duty as per the provisions of the Police=20
Manual, particularly Clause 45, 53, 55, 60 and 61 of part 3 of Volume=20
2. Therefore, this is a fit case for inquiry through proper channels,=20
by proper office, as per the hierarchy of the police department.
In a case of Darmishta behn, the Gujarat High Court has led down the=20
law on payment of compensation. The court ruled that when great loss=20
and injustice is caused to a person who has loss his beloved, and his=20
life has become miserable by way of an atrocity by the police=20
officer, then he is not in position to meet with any orthodox=20
litigation and proceeding. Therefore, interim compensation can be=20
awarded under Article 226.

7

Dr Bhavnagari Case, Ahmedabad

On February 28, when many areas of Ahmedabad and the state of Gujarat=20
were being attacked, a large mob of 5-7,000 had targeted the Paldi=20
area of Ahmedabad where. Dr
Bhavnagari, a respected doctor and his son lived in the Delite=20
Apartments in Paldi that was also severely attacked and damaged by=20
the mobs. Dr Bhavnagari owns a licensed gun and is also an ace=20
shooter, being a member of the National Rifle Shooters' Association.=20
When the mob advanced close and threatened the doctor and his family,=20
he used his gun and fired. Two persons were injured and later one=20
fell victim to the bullets.

The police arrested Dr Bhavnagari despite there being a strong case=20
under section 66 onwards of the Indian Penal Code that permits a=20
person firing in self-defence when his life is endangered. The police=20
also filed an FIR against both the Dr Bhavnagari and his son on the=20
ground that both had fired. The son surrendered to the police in late=20
March.

Though the police had met one of the survivors of the bullets on=20
March 3, they recorded his statement only on March 14. In his=20
statement, the young man had stated that both father and son had=20
fired in which two persons died. Applications for anticipatory bail=20
filed for both father and son by advocate Haroon Momin were rejected=20
in the City Civil and Sessions Court, Ahmedabad. The bail=20
applications were then pending before the Gujarat High Court. In its=20
report the police stated: =ECIf he had not fired, he could have died. A=20
mob of 1,500-2,000 had attacked the building; shops were burning,=20
they had deadly weapons and it was only when sections of this mob=20
climbed the staircase of Delite Apartments that Dr Bhavnagari and his=20
son fired.=EE

When this report was filed in the Sessions Court, Chetan Shah,=20
advocate for the VHP (he is appearing in all their cases) asked to be=20
joined as party. Magistrate Purani turned down the application saying=20
that he had no locus standi. The matter for deliberation on the=20
police report under section 159 was pending. Meanwhile, 90 days had=20
passed since Dr Bhavnagari's arrest. Under section 167(2) of the CrPC=20
if no chargesheet has been filed within three months, a person has to=20
be released. Both appeals for bail came up before the HC. Granting=20
bail, the judge, Justice Behram J Sethna passed unwarranted=20
strictures against two police officers =F3 additional commissioner of=20
police Satish Sharma and PI NH Joshi =F1 for filing it's report under=20
section 159.

He says, =ECTherefore prima facie I am of the considered opinion that=20
by submitting the aforesaid report, both of them have committed=20
contempt of court for which even contempt proceedings could have been=20
initiated against them; however on the request made by learned=20
additional public prosecutor, Abhichandani and on the assurance given=20
by PI Joshi that that in future this will not be repeated I have not=20
thought it fit to initiate such proceedings. However I am fully=20
convinced that the attempt made by both the police officers Shri=20
Satish Sharma, additional CP Sector I and PI NH Joshi in 'trying to=20
interfere with the administration of justice by submitting the report=20
dated June 24, 02 and June 26, 02 is a serious misconduct for which=20
both the police officers should be dealt with strictly
8

by way of departmental proceedings by the state govt. When the last=20
day for filing
chargesheet was June 30, 02 they submitted such report at the last=20
minute and allowed the main accused to get the bail.=EE

All these factors reveal more than ever before that normalcy and=20
peace have far from returned to the hapless state of Gujarat. Gujarat=20
and it's people have been held victim to the brutal manipulation of=20
religion for political ends and there is little to show that the=20
guilty will be punished and the perpetrators who occupy high=20
government office will be brought to book. Apart from the entire=20
constitutional fraework, sections 153a and 153b of the Indian penal=20
Code (123a and 123b of the Representation of People's Act) have been=20
breached more than once by those that hold government office in=20
Gujarat.

Gujarat moreover poses a challenge to the whole Indian Constitutional=20
Framework as at every juncture, since 1998, state machinery has been=20
used to subvert the basic Constitutional parameters of parity in=20
citizenship and non-discrimination in state functioning. The same day=20
that the assembly was dissolved and the chief minister resigned, a=20
spate of transfers of police officers all over the state showed that=20
upright officers were being taken away from active functioning and=20
sidelined into administrative posts (please refer to Police=F3Criminals=20
in Uniform, Genocide Gujarat 2002). Under the circumstances, polls at=20
this juncture would be far from free or fair.

More than once, statutory bodies like the National Human Rights=20
Commission (NHRC), the Courts and Parliament have been derided by=20
those who hold power in Gujarat. After watching over the violence,=20
decent rehabilitation with dignity has not occurred; hundreds of=20
thousands of persons are facing economic and social boycott. The=20
indecent haste in violating court orders and closing down relief=20
camps amounts to a denial of the right of citizens to a dignified=20
rehabilitation. In short, a section of the Gujarat citizenry has=20
already been reduced to less than second class status.

I urge, as an individual citizen committed to justice and opposed=20
strongly to the virus of partisan governance that has seeped into the=20
functioning of organs of the state that the EC defers polls in the=20
state until justice and reconciliation have been genuinely affected.=20
I urge also that the EC makes its own visit to the State of Gujarat=20
visits, the victims of those affected and groups working with them. I=20
urge that this visit is guided independently and time freely given to=20
all groups to present their cases before the Election Commission.

In anticipation
Yours sincerely,

Teesta Setalvad
Co-Editor Communalism Combat

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