SACW | 20-21 Nov 2004

sacw aiindex at mnet.fr
Sat Nov 20 21:48:15 CST 2004


INTERRUPTION NOTICE:
[Please note there will be no SACW dispatches 
during the period 22 November - 8 December, 2004 
! ]

o  o o  o

South Asia Citizens Wire  - 20-21 November,  2004
via:  www.sacw.net

[1] India:  BJP: back to the basics (K.N. Panikkar)
[2] India:  Crime and Religion in a Soft State (I.K.Shukla)
+ Swami And Fiends
[3] Gujarat Riots, Getting Away With Murder - 
tracking vhp's gen secy on day 1,2 of riots 
(Stavan Desai)
[4] Gujarat Riots Cases Retrial:
- Zahira's somersault (Dionne Bunsha)
- VHP is funding Zahira's expenses (Bhupen Patel)
- Gujarat Genocide Trials: Appeal For The 
Protection of Witnesses signed by 1265 people
[4] India: National Meeting against Indian Penal 
Code section 377 - (Bangalore, 12-13 Dec, 2004)
[5] Upcoming event on the 20th anniversary of the Bhopal accident :
Film screening: Bhopal: The Search for Justice (November 29, 2004, Vancouver)


--------------


[1]


The Hindu
Nov 20, 2004

BJP: BACK TO THE BASICS

By K.N. Panikkar

The BJP is left with no other alternative but to appeal to the RSS for succour.

THE DEFEAT of the Bharatiya Janata Party and its 
allies in the election to the Maharashtra State 
Assembly confirms the verdict of the people in 
the parliamentary poll. The politics of 
dissension and discord, which the BJP had 
pursued, did not receive the approval of the 
nation. Although no single party was voted to 
power, popular opinion favoured the secular 
forces. Even the parties that had sided with the 
communal forces have been shown the door. That 
this occurred despite the pro-communal blitzkrieg 
of the mainstream media and enormous amount of 
money pumped into the propaganda campaign 
underlines the strength of Indian democracy. But 
for this role of a section of the media, the BJP 
would have suffered a more humiliating defeat.

The defeat has left the Sangh Parivar in 
disarray. The introspection that followed has led 
to two conclusions. First, it lacks a 
sufficiently large social base to carry forward 
its agenda. Secondly, the appeal of its ideology 
is still in a nebulous state, even among its 
followers. The Sangh Parivar is, therefore, in 
the process of identifying new social groups for 
incorporation into its fold. At the same time, it 
realises the necessity of greater ideological 
cohesion to bind its various constituents. The 
journey of L.K. Advani to the Rashtriya 
Swayamsevak Sangh headquarters at Nagpur 
immediately after his nomination as the BJP 
president was in pursuit of this quest.

For the BJP, the access to power it gained in 
1999 was a windfall. It was not expected, not 
even by the optimists in the party. Nor was it 
the result of a popular mandate in its favour. 
Its share of votes was only just above 20 per 
cent and the number of seats was much below the 
halfway mark. Yet, a government was formed under 
its leadership with the support of political 
parties that had nothing in common, ideologically 
or programmatically.

The common minimum programme based on which 22 
parties cobbled together a coalition was, 
therefore, a compromise, which had far too many 
rough edges. The friction among the coalition 
partners was therefore inevitable which, despite 
the best efforts of Atal Bihari Vajpayee, who 
tried to project a liberal face to sustain the 
alliance, developed serious fissures. While the 
BJP was not able to implement the Hindutva 
agenda, despite the constant pressure from other 
sections of the Sangh Parivar, the right-wing 
hidden agenda that the BJP increasingly pursued 
was disconcerting to the coalition partners. By 
the end of the term, therefore, several allies 
deserted the coalition and those who chose to 
remain were mauled by the electorate. The failure 
of the coalition government was partially the 
result of its own internal contradictions. The 
alliance is now at the verge of collapse. The 
lesson the Sangh Parivar drew from the defeat and 
the subsequent developments is that its future 
would depend upon its ability to strike out on 
its own.

The BJP drew its strength mainly from two 
sources. First, from the social and cultural work 
of the organisations sponsored by the RSS. 
Secondly, from its ability to invoke emotive 
issues for political mobilisation. By the end of 
its Government's term, the BJP suffered on both 
counts. The members of the Sangh Parivar felt 
that the Government did not do enough to realise 
the agenda of Hindutva, which included the 
construction of the temple at Ayodhya, the 
enactment of a common civil code, and the 
scrapping of Article 370 of the Constitution.

Therefore many of them became lukewarm in their 
support and did not work hard enough for the 
party. At the same time, the euphoria aroused by 
the mandir agitation had died down and the party 
could not invoke another such issue to appeal to 
the religious sentiments of the Hindus. The 
effort to arouse national pride through the 
`shining India' campaign lacked any emotional 
content.

The commitment of the BJP Government to the 
agenda of Hindutva was never in doubt. Almost all 
leaders of the party, beginning with the Prime 
Minister, had repeatedly expressed their 
commitment to the construction of the temple at 
Ayodhya. They, however, could not implement it 
because the party came to power rather 
prematurely, much before the communal hegemony 
was fully realised. Yet, the BJP did not want to 
give up the advantages accruing from the control 
over state institutions, even if bridled by the 
compulsions of a coalition. The access to state 
power, it was believed, would open up immense 
possibilities for expanding its social base and 
for disseminating its ideology. The defeat in the 
election has left this project incomplete.

The Sangh Parivar is, therefore, forced to seek 
other strategies. Hence the new slogan 
immediately after the election: from Sansad to 
sadak, from the Parliament to the streets. The 
implication of the proposed change, however, is 
not privileging agitational politics over the 
parliamentary, but greater emphasis on 
`constructive' activities in order to further the 
communal divide. Towards that end, the Sangh 
Parivar has already chalked out a programme to 
promote the Hinduisation of social and cultural 
life, particularly of those who were 
traditionally excluded from the Hindu social 
order.

The Dalits and the Adivasis appear to be the 
targets of particular attention. The Vishwa Hindu 
Parishad has already prepared a blueprint for the 
`emancipation' of the Adivasis through 
constructive activities covering their economic, 
social and cultural life. As a beginning, the 
Ekal Vidyalaya foundation, an outfit under RSS 
control, has initiated steps to set up a chain of 
single teacher schools in the Adivasi villages.

This is part of a larger programme to incorporate 
those who are traditionally outside the Hindu 
social order into political Hinduism. The 
creation of a new religious identity is central 
to this project, which is effected through the 
transformation of daily life practices. A change 
in the pattern of worship is being brought about. 
The places of worship of the Adivasis and Dalits 
are being transformed into Hindu temples, with 
brahminical deities replacing the earlier folk 
and local gods and goddesses. In doing so the 
Sangh Parivar appeals to the sanskritising 
potential of Hinduisation for the Dalits and the 
Adivasis. The aggressive intervention of the 
Sangh Parivar in these areas has two 
implications. First, it is likely to entail the 
loss of the traditional culture of these groups. 
Secondly, conflicts would accrue with the 
Christians who are already doing philanthropical 
work in these areas. The attack on the Christians 
during the last six months is a part of this 
conflict.

The politics of Hindu communalism was mainly 
rooted in cultural nationalism, defined as an 
identity derived from Hinduism, as evolved from 
the time of ancient religious scriptures. 
Initially conceived by V.D. Savarkar and later 
elaborated by M.S. Golwalkar in order to define 
the nation as Hindu, the Sangh Parivar has now 
decided to rearticulate it to regain lost ground. 
This is likely to foreground new symbols for 
religious mobilisation and possible antagonism 
between religious communities. Baba Budan Giri in 
Karnataka where the Vishwa Hindu Parishad has 
already succeeded in undermining an ideal 
syncretic tradition is a good example. It is 
likely that other sites of dispute would emerge 
during the next five years.

The Sangh Parivar is in the process of 
reorienting its course of action and ironing out 
its internal differences. There is a three-way 
division in its social base. The BJP draws its 
support mainly from the urban middle class, the 
VHP has its influence among the merchants, 
traders, and unemployed youth, particularly in 
the rural sector, and the RSS derives its 
strength from the members of the upper castes. 
Although the aspirations and interests of these 
three segments are vastly dissimilar they had 
bestowed faith in the Vajpayee Government to 
represent and safeguard their interests. But once 
in power the BJP was keen to sustain the 
Government, for which ensuring the support of the 
allies was imperative.

The BJP was, therefore, reluctant to pursue fully 
the Hindutva agenda, as the allies had 
reservations. Consequently, the performance of 
the Government, except that of the Ministry of 
Human Resource Development, which had 
relentlessly pursued the RSS agenda, did not live 
up to the expectations of its supporters. The 
Sangh Parivar, therefore, faced a crisis of 
confidence, leading to mutual distrust and 
recrimination.

The defeat in the election deepened the crisis, 
so much so that the tension within the Sangh 
Parivar has come to the fore, with its 
constituents at loggerheads with each other. The 
RSS being the ideological mentor and relatively 
more disciplined is the only force that can hold 
them together. Therefore the journey of Mr. 
Advani to Nagpur, as the BJP is left with no 
other alternative but to appeal to the RSS for 
succour. Hindu communalism is thus poised to go 
back to the basics laid down by the RSS. And the 
basics are cultural nationalism and the politics 
of Hindutva. Given the past experience, it is 
reasonable to anticipate that their 
re-articulation will impact adversely on peaceful 
social relations.




______


[2]

[20 Nov 2004]

CRIME AND RELIGION IN A SOFT STATE
I.K.Shukla

The arrest of Jayendra Saraswati, the Kanchi 
Shankaracharya, has revved the saffronazis’ 
collective temperature, as if it were a lucky 
break in their gloomy desperation which nearly 
drowned them sequent to reversal of their 
electoral fortunes. And, again, it is to their 
electoral restoration that the HinduTaliban are 
shamelessly and daringly seeking to bend this 
godsend. Jayendra Swami’s misfortune has been 
morphed into Hindutwa’s good luck. Somebody’s 
misfortune will always pave Hindutwa’s way to 
heist the vote bank. This is the only way it 
could make and secure its upstart ascent to 
power. Babri Mosque, Bombay pogroms, UP mayhems, 
and Gujarat genocide are some of the bloodiest 
stations of its chariot of fire. Out of power, 
Hindu theo-terrorists will be perforce more 
violent, more volatile, more vulgar.

Where does this propensity to outlawry and 
belligerence come from?  It flows from the 
construct of Hindu Rashtra that posits 
exclusivist extremism, communal fascism, and 
ethnic cleansing. All this geared to maintaining 
Hindutwa hegemony of mono-theocracy by “purging” 
all the “others” who concretize and symbolize the 
Indian identity of multiculturalism and pluralism 
integral to the national culture and history. In 
brief, it is a tribal bid to maintain the status 
quo and keep the national wealth within a very 
limited class of traditionally privileged, 
parasitic, and predatory elite, the upper caste 
of Hindus.

This agenda impels defiance of and contempt for 
the Constitution and the rule of law. Hindutwa 
has openly proclaimed itself above both without 
ever mincing words. And it is quite consistent 
with its paradigmatic logic and ideological 
avowal of Hindu supremacy at the cost of 
minorities who are slated either for brutal 
subjugation or total liquidation. In both cases 
the instrumentality of horrific terror and 
violence as a policy and practical imperative 
remains paramount and inevitable.

This would explain the Hindutwa deficit of moral, 
modern, and democratic values and its pronounced 
antipathy to egalitarian social concerns that 
should engage a political party which ought to be 
seeking to improve the life of millions in the 
present. Hindutwa forswears any such commitment. 
Neither the alleviation of the miserable plight 
of the masses constitutes its prime concern, nor 
do the state interventions appeal to it that 
would improve, on a permanent basis, their day to 
day life of misery and privations. All of this 
mundane muddle can be assigned as maya to gods 
and goddesses (of whom there are millions) or, 
still better, karma. That leaves Hindutwa free to 
be drugged with and agitate for an imaginary past 
to restore which it would spill blood and steal 
the national till. Demographically then the 
national pie can be expropriated solely for the 
antediluvian tribe and its hangers on.

Jayendra Swami fits well into this picture. You 
scratch my back, I do yours. His “mediation” 
efforts with respect to the Babri Masjid 
stalemate should be seen in this light. It was a 
smart move, both to ignore and override the remit 
of the judiciary, including the Apex Court, and 
also to hoodwink or bamboozle the Muslims into 
accepting him as an “honest broker”, like the US 
in the case of Palestine. Without his known 
partisan commitment pledged to restore Hindu 
glory he could not have been allowed by the 
saffros to lend his “good offices”. If he could 
help the BJP and VHP thus to save face and be 
obliged to him, closeness to them (power centre) 
would certainly prove advantageous to him in the 
future in ways more than one. Calculations on the 
part of both Jayendra Swami and Hindutwa honchos 
were remarkably self-serving and pragmatically 
reciprocal.

That is another reason why the RSS clan is so 
aggressively and clamorously driving one more 
gangster chariot of still another ugly yatra 
through the land.  This is a bold plan to 
mobilize the lumpens as “saviors” of Hindu 
Dharma. (One was Dara Singh, in Orissa, who 
torched alive Graham Staines and his two sons in 
the cause of Hindutwa). Plainly, however, it is 
subversive of the law and it must be treated as 
such. Any mollycoddling will boomerang on the 
polity and the UPA. Any indulgence for and 
compromise with crime and corruption by the UPA 
would only embolden the anti-socials, threaten 
social order, and wreck it wholesale. Congress 
has done itself no credit, but earned opprobrium 
by withdrawing the Hubli case against Uma Bharati.

Without the long pussyfooting accorded the 
Hindutwa hegemons India would not have been 
tarred and torn by the  likes of Thackeray, Modi, 
Singhal, Togadia, Sudarshan, Joshi, etc. By any 
yardstick of juridical and moral norms they 
should long have been in the slammer and 
pre-empted from sowing discord between the 
communities and spouting vitriol against them to 
disrupt peace and harmony in the nation. Allowing 
them freedom to behave as they did was to license 
hooliganism and legitimate and endorse Hindu 
terrorism. If Congress-led UPA has not learnt 
from the past experience, it will only aggravate 
the malaise by treating it with kid gloves 
instead of with the iron heels that good 
governance and stability demand.

Another commonalty between the Hindutva bandwagon 
and Jayendra Swami was the upstart nature of 
their ambitious bid for power and legitimacy. 
Kanchi Math may not have been a pariah like the 
BJP brigade, but its disputed status since its 
inception, besides the original four 
Jyotishpeethas – Puri, Sringeri, Dwaraka, 
Badrinath, has long detracted from its claims of 
authenticity and parity with them.  Jayendra 
Swami’s ambitious bid, piquantly, seems to have 
been to upstage them and thus assert equality 
with them (if not also political superiority over 
them). If he could pull it off by unraveling the 
Ayodhya tangle, he would have made his place in 
the history of Kanchi Math, if not that of India.

What he forgot in his less than spiritual leap is 
that Hinduism has no place or role for a Hindu 
pope. (Nor, any organization political or 
religious, was ever allowed to be Hindu Vatican). 
His whole vocational absorption requires him to 
be a man of scholarship (dedicated to the goddess 
of learning, Saraswati, thus a Saraswat) and 
absolute piety, that is, total detachment from 
politics and material pursuits. But his lukewarm 
and nominal attachment to studies and penance, he 
seems to have replaced with a craving for power 
or proximity to power (with a lush life style) 
that lends an aura of importance, however 
fleeting or jejune. Though in the 
post-Independence India, he is not the only one 
guilty of this deviance and derogation.

What is breath-taking is the effrontery of the 
Hindutwa brigade to take on the state, and make a 
sub judice criminal case a political ball to be 
played on the streets by mobs of frenzied or 
hired riff raffs available to VedicTaliban. It is 
not only their seditious drive that needs to be 
scotched ruthlessly and rapidly, but it also 
warrants their trial for contempt of court. They 
are openly calling for exemption of sadhus from 
law courts, and total immunity from prosecution 
for Shankaracharyas. So, the Hindutwa brigade 
seems to have set itself up above both the courts 
and the Constitution. Crimes committed by these 
“religious” persons are no crimes, it avers, and 
deserve no punishment, asserts the saffron cabal. 
This charter of immunity would license their 
crimes as unpunishable. It also absolves 
preemptively the members and leaders of RSS 
family for their crimes in Ayodhya, Gujarat, and 
from venal scams like the one unearthed by 
Tehelka.com.

Why is this cleric’s arrest being called by the 
saffros an attack on Hindus, boggles the mind. It 
is just like Modi claiming that charging him with 
crimes was tantamount to accusing five crore 
Gujaratis. Did he mean all five crore Gujaratis 
were rapists, arsonists, assassins, and robbers, 
in league with him and active in the killing 
field?  Would Gujaratis agree,  if only to 
enhance the glory of Hindutwa?

Advani has declaimed that religion cannot be 
separated from politics. What he means is 
blazingly clear: religion alone will play 
politics; religion (Hindutwa) would dominate 
political discourse; any crime committed by and 
any corruption indulged in by religio-politicos 
would be out of the ambit of law. He willfully 
forgets what Europe suffered for centuries with 
church colluding and identifying with the state. 
Or, he very cynically wants a repetition of the 
same in India. He and his dinosaur ilk must be 
made to realize that for his ignoble and long 
obsolete vision of religion and state 
collaborating against the people and desecrating 
the polity, he must be suffering from a time 
warp. He must be living in a bloody, brutal, past 
- better forgotten for its inhumanity, barbarism, 
and bottomless avarice. Church and state, like 
bandits, robbed the citizens by heavy exactions 
and by confiscating their properties. In the case 
of Gujarat genocide this robbery was a communal 
enterprise.

Advanis must have forgotten that not so long ago 
when in the US several church functionaries were 
caught in sex scandals, no political party raised 
any ruckus about it, nor the so-called followers 
of the church, neither the clerics nor the laity, 
demanding that the guilty be above law, left 
alone, and let go without arrest, arraignment, 
and punishment by the courts. They knew that 
would be ultra vires of the nation’s Constitution 
and detrimental to the rule of law. They did not 
side with the guilty. The HinduTaliban want 
criminals unshackled by the laws of the land just 
like its own rank and file and superimpose 
themselves as a  suprastate on the nation.

That it could find in this sleazy episode a 
pretext and a tool for its own ends betrays 
Hindutwa’s bankruptcy and utter decrepitude. That 
functionaries of other religions have joined 
forces with these scabrous anti-nationals and 
proven subversives does them no credit. Have they 
too something shady in their affairs to hide? 
This question will be uppermost in the minds of 
people all over. It is better that they cleansed 
their stables in time, rather than seek expedient 
but immoral  immunity.

It is time they all saw reason as the instrument 
of progress and human enrichment,  and not duck 
under superstitions and purvey ignorance that 
only demeans humanity for the benefit of a few 
and perpetuates inequalities and injustices as 
some despotic god’s will.

It would be salutary for the Congress to 
remember, from its own past experience and from 
remembrance of things distant but pertinent to 
the present, that the soft state pandering to 
religious extremists and theo-terrorists 
contributes mightily to social anarchy and 
irreversible disintegration as it writes its own 
suicidal note.  It is allowed no time to write 
its own epitaph. Buckling to bullies and brigands 
is called cowardice and brings neither security 
nor honor.
Let the anti-socials learn a lesson or two, let 
the state vigorously assert itself.


o o o o

[see also]


Swami And Fiends
http://www.outlookindia.com/full.asp?sid=1&fodname=20041129&fname=Cover+Story+%28F%29

______



[4]


Frontline
Volume 21 - Issue 24, Nov. 20 - Dec 03, 2004

ZAHIRA'S SOMERSAULT

Dionne Bunsha

The shocking turnaround by the star witness in 
the Best Bakery case has raised concerns about 
the effectiveness of the re-trial.
http://www.flonnet.com/fl2124/stories/20041203003304000.htm


o  o  o

Mid Day
November 20, 2004
VHP IS FUNDING ZAHIRA'S EXPENSES
   By: Bhupen Patel
   
The Sangh Parivar has a firm grip on Zahira Shaikh and her family.
A Vadodara-based organisation, Janadhikar Samiti, 
has been providing financial and legal assistance 
to the star witness in the Best Bakery case and 
her family in their 'fight' against social 
activist Teesta Setalvad.
But the samiti is not as non-political as the 
English translation of its name - People's Rights 
Group - sounds. It has powerful connections with 
the Parivar.
The samiti counts among its own Ajay Joshi, 
president of the Vadodara unit of VHP, and Anil 
Desai, a sitting BJP corporator from Vadodara. 
Joshi and Desai were in fact on the panel of 
lawyers who appeared for the 21 accused in the 
case in a Vadodara court.
The group's name came to light yesterday when 
Zahira's brother Nafitullah told the special 
court in Mazagaon conducting the Best Bakery 
retrial that the samiti had been helping the 
family.
Joshi confirmed his links with the group. "I am a 
supporter of the samiti. Whenever they call me 
for meetings I make it a point to attend," he 
told this paper. Desai was unavailable for 
comment.
Tushar Vyas, founder-president and convenor of 
the samiti, admitted the group was "helping 
Zahira and her family in every possible way."
The samiti had given them free legal aid, had 
arranged for Zahira Shaikh's press conference on 
November 3 (in which she accused Setalvad of 
pressuring and threatening her to speak against 
innocents) in a three-star hotel Surya Palace in 
Vadodara and was even taking care of the family's 
accommodation expenses in Mumbai, he said.
According to Vyas, Nafitullah and others in the 
family had met him nearly a year ago. "They 
complained they were being pressured and 
manhandled by Teesta Setalvad. Since we allot 
free legal aid, we extended support to Zahira and 
her family, as we would do for any needy person," 
he said.
"The samiti arranged the Surya Mahal press 
conference, asked advocate Atul Mistry to look 
after the family's legal needs and is bearing 
their accommodation expenses in Mumbai," he noted.
Vyas said the Samiti was formed a year-and-a-half 
ago and had its office in an apartment in 
Mangalmurti Kothi, Chara Rasta, Vadodara.
The group had among its members retired 
government district sessions court judge V S 
Moghe, retired dean and faculty of Law Commission 
professor H C Dholakia, retired science professor 
A M Parikh, two chartered accountants and one 
dentist, he added.
The Samiti had organised many seminars, Vyas 
said, and mentioned two that reaffirmed its links 
with the Parivar.
In April 2004, he said, it had held a seminar on 
'Threat to the judiciary from pseudo-secularism' 
at the Town Hall in Gandhinagar. The other 
seminar, on 'The Supreme Court verdict on the 
riot case retrial,' was held in July 2004.
Asked who was financing the Samiti, Vyas replied: 
"We get donations from common individuals. There 
are doctors, lawyers and several others helping 
us, but no politicians."
What Nafitullah said about the Samiti

* He met 'Tushar uncle' of Janadhikar Samiti a 
year-and-a-half ago after the Vadodara court 
acquitted the 21 accused in the Best Bakery case
* The Samiti helps the needy and gave him clothes 
the first time he got in touch with its members
* He later met the Samiti members again in October 2004, after he fled Mumbai
* They arranged for accommodation for the family
* The Samiti arranged Zahira's press conference 
in Vadodara,  provided the family with lawyers 
and is bearing all their expenses.

o o o o


19 November  2004

To:  President of the Republic of India, to the 
Prime Minister, to the Minister for Home, and to 
the National Human Rights Commission

GUJARAT GENOCIDE TRIALS: APPEAL FOR THE PROTECTION OF WITNESSES
[...]
Initiated by Mukul Dube and Harsh Kapoor
----------
The above appeal has been endorsed and signed via 
the Internet by 1,265 people from India and 
elsewhere. Some 11 people signed twice, and one 
instance in each case has been replaced with the 
word "duplicate". In addition, 2 signatures were 
blanks which have been marked "void". The list of 
signatories along with the petition has now been 
sent to the President of India, to the PM, Home 
minister etc. People are invited to continue to 
sign on. A second lot of signatures will be sent 
to the authorities before the end of 2004. The 
petition is available on the Internet at:

       www.PetitionOnline.com/gapw/petition.html 


______


[5]


Indian Express
November 21, 2004

GUJARAT RIOTS, GETTING AWAY WITH MURDER
an express investigation, part one / tracking vhp's gen secy on day 1,2
3 yrs later, cellphones start talking: who called whom when Gujarat was burning
Two CDs with more than 5 lakh entries have been 
lying with the Gujarat police and are now with 
the Nanavati-Shah riots panel. These have records 
of all cellphone calls made in Ahmedabad over the 
first five days of the riots which saw the worst 
massacres. Staff Reporter Stavan Desai spends 
several weeks unmasking the story hidden between 
and behind these numbers. The first of an 
exclusive series
	 	 		 

AHMEDABAD, NOV 20 : Vishwa Hindu Parishad's 
general secretary in Gujarat is a pathologist 
called Jaideep Patel. He was booked for rioting 
and arson in the Naroda Patiya massacre, the 
worst post-Godhra riot incident in which 83 were 
killed, many of them burnt alive. The police 
closed the case saying there was not enough 
evidence.
Two compact discs could change that.

For, they contain records of all cellphone calls 
made in Ahmedabad from February 25, 2002, two 
days before the horrific Sabarmati Express attack 
to March 4-five days that saw the worst communal 
violence in recent history.

This staggering amount of data-there are more 
than 5 lakh entries-was investigated over several 
weeks by this newspaper.

They show that Patel was in touch with the key 
riot accused, top police officers, including the 
Police Commissioner, top government officials, 
and even the Chief Minister's Office while Naroda 
burned.

The CDs, obtained by the Crime Branch of the 
Gujarat police way back in April, are now sitting 
with the Nanavati Shah Commission. They have been 
obtained by The Sunday Express and are a treasure 
trove of information that investigators could 
build on in their search for justice for the riot 
victims.

These are not transcripts of conversations.

These show:

* How the riot accused were in regular touch with 
politicians, police officers and government 
officials. All at a time when the city and the 
state was burning, when the Narendra Modi 
government looked the other way and the 
Opposition Congress went to sleep.

* Using cellphone tower locations, the data also 
gives information on the physical location of the 
caller and the person at the other end.

In the first of a series of reports detailing the 
records of the key characters of the Gujarat 
riots, The Sunday Express looks at the movements 
and calls of VHP leader Jaideep Patel.

Records show that Patel, who lives in Naroda, was 
there when the massacre began, then left for 
Bapunagar which also witnessed killings and 
returned to Naroda. And that he was in touch with 
other riot accused, Babu Bajrangi, Ashok Govind 
Patel, Bipin Patel and local BJP MLA Maya Kodnani.


February 27, 2002

Sabarmati Express attacked at 8.05 am, bandh 
called by VHP in the evening, BJP backs the bandh

Patel is in touch with senior police officials, 
his VHP colleagues in Delhi, state Home Minister, 
BJP chief

 
Recalling the calling
 
* When asked to explain his cell records, Jaideep 
Patel said: ''I don't remember who all I spoke 
to, it's been a long time since Godhra. But I 
brought the bodies to Ahmedabad, I might have 
spoken to cops as some Godhra victims could have 
been from Naroda. I might have spoken to people 
in the govt, I do not know. After all, I am a 
leader of the Hindus, several people speak to me 
everyday. It can't be said that because I spoke 
to certain persons, something happened 
somewhere.''
* Why was Minister Gordhan Zadaphia in touch with Jaideep Patel?
Zadaphia: ''When the inquiry commission will 
ask...I will reply. If I'm speaking to different 
persons who I think can help me restore normalcy, 
there is nothing wrong.''
* Why did the Chief Minister's Office contact Jaideep Patel?
PS Tanmay Mehta, who made the call: ''I do not know anything about this.''
* Did the Crime Branch study the cellphone 
records before closing the case against Patel?
Joint Commissioner of Police (Crime) P P Pandey: 
''There are certain aspects about it yet to be 
looked into. As the Police Commissioner is on 
leave, I cannot comment.''
* Will the review panel, set up at the behest of 
the Supreme Court, look into these records while 
scrutinising the 2,100 closed riot cases?
DGP A K Bhargav who heads the panel: ''These 
cellphone records have little value, they do not 
prove anything. Yes, these can be used to trace 
the movements of an accused.''	 * 11.09 am: 
Patel leaves the city for Godhra.

* 12.48 pm: Patel is in Godhra and one of the 
first persons he speaks to is then Ahmedabad DCP 
(Zone V) R J Savani who calls him at 1.05 pm.

* 2.29 pm: Patel receives a call from a Delhi 
number and speaks for 215 seconds. This number is 
registered in the name of Bharatiya Sanskriti 
Pratishthan, Sector-6, R K Puram, New Delhi, the 
VHP headquarters.

* 3.30 pm: Patel calls state BJP President 
Rajendrasinh Rana and speaks for 267 seconds. At 
4 pm the VHP called for a Gujarat Bandh the next 
day, on February 28, 2002, and the BJP quickly 
declares its support.

* 5.00 pm: Patel receives a call from Bharatiya 
Sanskriti Prathisthan, Delhi and speaks for 357 
seconds.

* 5.07 pm: Patel again receives a call from this Delhi institution.

* 5.14 pm: DCP Savani calls Patel and speaks for 117 seconds.

* 5.17 pm: DCP Savani again calls Patel.

* 8.03 pm: Then state MoS (Home) Gordhan Zadafia 
calls Patel and speaks for 159 seconds.

* 8.39 pm: Patel calls Zadafia.

* 9.13 pm: Patel calls Zadafia again, this time for just 3 seconds.

* 9.16 pm: DCP Savani calls Patel and speaks for 138 seconds.

* 9.20 pm: Patel again calls Zadafia and speaks for 186 seconds.

* After 11.58 pm: Patel leaves for Ahmedabad with 
the bodies of the 58 persons who were killed in 
the S6 coach of Sabarmati Express.


FEBRUARY 28, 2002

Ahmedabad erupted; worst massacre in Naroda 
Patiya; curfew imposed in all 30 police station 
areas

Patel is in touch with Naroda corporator minutes before massacre begins


* 2.34 am: Patel enters Ahmedabad with the 58 
bodies of Godhra victims, heads for Sola Civil 
Hospital.

* 9.17 am: Patel calls then state Health Minister 
Ashok Bhatt and after 10 minutes, leaves for 
Naroda.

* 10.11 am: Patel reaches Naroda and at 10.52 
calls one Ashok Govind Patel of Naroda and speaks 
to him for 80 seconds.

(Ashok Govind Patel, who has been in constant 
contact with Jaideep Patel, is a BJP corporator 
from Naroda and an accused in the killing of 
eight persons in Naroda on February 28, 2002 and 
also in the case in which Jaideep Patel was named 
as an accused and which was later closed by the 
Crime Branch.)

* 11.05 am: Patel receives call from a cellphone 
which was allegedly being used by the prime 
accused in the Naroda-Patiya massacre, Babu 
Bajrangi.

The phone is registered in the name of one 
Priyanka Mahendra Pandya, B/3 Pragat Ghanshyam 
Society, Ranip. Records reveal that the phone had 
been carried to Godhra the previous day and was 
located in Naroda area from morning of February 
28, 2002 till 8.28 pm.

When contacted by The Sunday Express, Mahendra 
Pandya, father of Priyanka Pandya, said: ''I have 
been using this cell number for more than year. 
Three years ago, it was with Babubhai (Babu 
Bajrangi).''

According to the police FIR, the attack on 
Naroda-Patiya started at 11 am and went on till 8 
pm.

* 11.12 am: Patel again receives a call from Naroda corporator Ashok Patel.

* 11.21 am: Jaideep Patel leaves for Bapunagar 
area. This was one area in the city which 
witnessed unprecedented violence and the maximum 
number of deaths in private firing was reported 
from this area. This was under the control of DCP 
R J Savani.

* 11.32 am: Reaches Bapunagar and calls Minister Zadaphia.

* 11.37 am: Key accused in the Naroda-Patiya 
massacre, Bipin Panchal alias Bipin Auto, calls 
Patel and speaks for 62 seconds.

* 11.40 am: Patel calls then DCP (Zone IV) P B 
Gondia, under whose jurisdiction Naroda-Patiya 
and Gulbarg Society fall-38 persons, including 
ex-Congress MP Ehsan Jafri, were killed in 
Gulbarg-and speaks for 85 seconds.

* 11.52 am: Patel again calls DCP Gondia and this time speaks for 106 seconds.

* 11.55 am: Patel calls Ashok Patel and speaks for 63 seconds.

* 12.01 am: Ashok Patel calls back.

* 12.07 pm: Patel calls Ashok Patel and speaks for 71 seconds.

* 12.10 pm: Patel calls then Naroda BJP MLA Maya 
Kodnani and speaks for 79 seconds.

* 12.20 pm: Patel calls DCP Gondia and speaks for 42 seconds.

* 12.25 pm: Patel returns to Naroda.

* 12.39 pm: Patel returns to Bapunagar area.

* 12.57 pm: Patel receives call from the cellphone being used by Babu Bajrangi.

* 1 pm: Bipin Panchal calls Patel and speaks for 86 seconds.

* 1.17 pm: Bajrangi calls again.

* 1.19 pm: Bipin Panchal calls.

* 1.23 pm: Bipin Panchal calls again.

* 1.43 pm: Bipin Panchal calls again and speaks for 72 seconds.

* 3.25 pm: Patel receives a call from the Chief 
Minister's Office and speaks for 141 seconds.

* 7.20 pm: Patel receives call from a cellphone 
registered in the name of Sanjay Bhavsar of 
General Administration Department, Government of 
Gujarat, and speaks for 102 seconds.

* 7.24 pm: Bhavsar calls again.

* 7.28 pm: Patel calls Bhavsar.

* 7.31 pm: For the first time in the day, Patel 
calls then Police Commissioner P C Pande and 
speaks for 47 seconds.

* 8.29 pm: Patel returns to Naroda area.

* 9.11 pm: Tanmay Mehta, Personal Assistant to 
the Chief Minister, calls Patel. The conversation 
lasts 209 seconds.

* 11.32 pm: State BJP President Rajendrasinh Rana 
calls Patel and speaks for 13 seconds.

By midnight, senior police officers, including 
Joint Commissioner of Police M K Tandon had 
reached Naroda-Patiya. The massacre was over, the 
survivors were being moved to hospitals and 
relief camps hastily set up by the Muslim 
community at Shah Alam and Dariya Khan Gummat. 
Another massacre had taken place in Gulbarg 
Society. Defence Minister George Fernandes 
arrived in town, the death toll was 125 and 
counting.



______


[6]  [National Meeting against Indian Penal Code section 377]


Dear friend(s)

Sec 377 of the Indian Penal Code (IPC), 
criminalizes 'carnal intercourse against the 
order of nature' (many Indian Judges consider all 
sexual acts other than penile-vaginal sex as 
unnatural) and is used by the police widely to 
threaten/blackmail/extort money from kothis, 
doubledeckers, homosexual/bisexual men and 
hijras. Sexuality minorities from the poor 
backgrounds and male/transgender sex-workers are 
worst affected by IPC 377, as they have to use 
public spaces a lot of time. There are judicial 
decisions that have criminalized sexual 
activities like fellatio (oral stimulation of 
penis), cunnilingus (oral stimulation of vagina) 
and anal sex. The punishment for these 'criminal 
activities' can be  anything between ten years to 
life imprisonment.

Though both sexuality minorities and 
heterosexuals engage in anal and oral sex, only 
sexuality minorities are perceived to be engaging 
in these 'deviant' sexual practices by the 
moralistic police and society. In Indian 
democracy, where every citizen is promised equal 
rights and non-discrimination, IPC 377  obstructs 
sexuality rights and right to 
life/liberty/privacy of every individual and the 
attainment of human rights of marginalized 
sexuality minorities.

Various groups, organisations and individuals 
working for the rights of sexuality minorities, 
sex-workers, human rights have been raising their 
voices against IPC 377 in different parts of 
India for a few years now. There have been legal 
interventions, public protests and innumerable 
discussions around IPC 377. Needless to say the 
process has not been a smooth one and has faced 
opposition and  antagonism from the state to the 
public due to the largely queerphobic attitude of 
our society, its systems and their keepers.  The 
latest blow to this process has come from Delhi 
High Court, when the court dismissed a petition 
on IPC 377 (requesting the court to read it down 
to exclude consensual sexual acts between adults 
in private) filed by Lawyers Collective on behalf 
of Naz Foundation (India) Trust. Same court has 
dismissed the petition to review their judgement.

We feel there is a need to coordinate all our 
efforts all over India in order to build public 
opinion, only which can eventually yield pressure 
on the system to repeal this anti-human rights 
law. The process will also help in changing 
societal attitudes towards sexuality minorities.

In this regard, we are organising a national 
meeting to discuss future strategies for 
coordinated efforts against 377 in Bangalore on 
the 12th and 13th of December, 2004.

We invite everyone to be present in this meeting 
and lend your support, ideas and suggestions so 
that we can all together design a nation-wide 
plan to abolish IPC 377.

Friends, please confirm your participation at the 
earliest so that we can organise your  stay and 
take care of other logistical details for the 
meeting.  As we have limited funds, we regret 
that we will not be able to provide travel, stay 
and food expenses for everyone. However, we will 
be able to provide second class train fare and 
accomodation to a limited number of participants. 
The stay and food should cost around Rs. 400-500 
per  person.  Please, once again, confirm your 
participation at the earliest.

Please circulate this invitation widely.


In Solidarity,

SANGAMA along with Alternative Law Forum 
(Bangalore), Bharosa (Lucknow), FIRM 
(Trivandrum),  Lawyers Collective,  Naz 
Foundation (India) Trust, Parma/Vikalp (Baroda), 
PUCL-Karnataka, Sahodaran (Chennai), Saksham 
(Rajamundry, AP), Sangram (Sangli), SIAAP 
(Tamilnadu), Snegyitham (Trichy), SWAM (Chennai), 
WINS (Tirupati)

Contact Persons: Mamu and Manohar
Phone:  09880223470 (Mamu), 09880223460 (Manohar), 080 22868680/121 (SANGAMA)
Email: advocacy at sangama.org
Address: SANGAMA, Flat 13, Royal Park Apartments, 
34 Park Road, Tasker Town, Bangalore - 560051.

______


[7]

Dear friends:

On Dec. 2, it will be twenty years when a gas 
leak in a Union Carbide plant in Bhopal killed 
thousand of people over night, and left hundreds 
of thousands permanently maimed. The effects 
continue to mar the lives of people till today.

We invite you to join us to remember the tragedy 
and to know what has happened since,  Come and 
wtch a latest NFB movie on the subject. Come and 
listen to Dr. David Sazuki and other people on 
the panel.

The admission is free, but limited to the 
capacity in the theatre. So be there on time.

The following link will take you to a variety of 
material on the background, including the many 
lies Dow Chemical has been mouthing.

	www.bhopal.net/res.html

See you there on November 29, 7 p.m.

hari sharma
for SANSAD



On the ocassion of the 20th Anniversary of the 
worst Industrial Disaster of the world: BHOPAL

SANSAD
is pleased to join

Amnesty International and Greenpeace

to co-sponsor
the Vancouver premiere of

Bhopal: The Search for Justice
(a 52-minute documentary produced in 2004)
directed by Peter Raymont and Lindalee Tracey

Presented by

The National Film Board of Canada
&
White Pine Pictures

Monday, November 29, 2004, 7:00 p.m.
UBC Robson Square Theatre
Room C-300, 800 Robson Street, Vancouver. [Canada]

A panel discussion to follow:

Panelists:
Dr. David Sazuki
Dr. Hari Sharma, SANSAD
Lindaleee Tracy, of the Film-makers team
Mr. Don Wright, Amnesty International
A representative of the Greenpeace

On December 2, 1984, the release of poisonous 
methylisocyanate gas from the Union Carbide plant 
in Bhopal, India killed tens of thousands of 
people and maimed hundreds of thousands more. It 
was, and remains, the world's worst industrial 
disaster. Twenty years later, amid charges of 
corruption, graft and greed, little compensation 
has been paid to the victims and their families. 
Bhopal is a sad, disgraceful testament to the 
absence of environmental and human justice.

This powerful new documentary explores and 
analyzes the prospect for environmental and human 
justice in Bhopal. At stake is more than fair 
compensation for the many affected and afflicted 
- "Bhopal" has become a rallying cry and a test 
case for international environmental law and 
human rights.

For further information:
Amnesty International: 604-294-5160
SANSAD: 604-420-2972

______






_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

Buzz on the perils of fundamentalist politics, on 
matters of peace and democratisation in South 
Asia. SACW is an independent & non-profit 
citizens wire service run since 1998 by South 
Asia Citizens Web: www.sacw.net/
SACW archive is available at:  bridget.jatol.com/pipermail/sacw_insaf.net/

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South Asia Counter Information Project :  snipurl.com/sacip
South Asians Against Nukes: www.s-asians-against-nukes.org
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necessarily reflect the views of SACW compilers.




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