godhra , the true story by nicole elfi

8/14/2019 GODHRA , The True Story by Nicole Elfi

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GODHRA: THE TRUE STORY

Nicole Elfi

Godhra, a city of the Indian State of Gujarat, was the lead story in all Indian

newspapers on February 27th-28th, 2002. A shattering piece of news: 58 Hindu

pilgrims had been burned alive in a train. 57 die in ghastly attack on train ran the

Times of India s headline; Mob targets Ramsevaks [Devotees of Rama] returning

from Ayodhya ; 58 killed in attack on train with Karsevaks [volunteers] (The Indian

Express ); 1500-strong mob butcher 57 Ramsevaks on Sabarmati Express (The

Asian Age ). But the BBCs announcement had a very different tone:

58 Hindu extremists burned to death or Agence France Press on March 2nd: A train full

of Hindu extremists was burnt.

A deluge of anguished news followed about a Muslim genocide : Mass killings

of Muslims in reprisal riots (NYT , March 5th), The authorities share the

prejudices of the Hindu gangs who have been busy pulping their Muslim neighbours

(The Observer , March 4th). We were told that Narendra Modi, Chief Minister of

Gujarat, intended to eradicate Muslims from the State more than 9% of Gujarats

population, in other words five million people. We read that the police was conniving

in the mass slaughter and did nothing to prevent it. Narendra Modi was compared to

Hitler, or Nero. We shuddered reading the reports describing rapes and various

horrors, supposedly inflicted on Muslims by Hindus.

Today, six years later, with the noises and cries of the wounds having fallen

silent, what emerges from those events? What are the facts?

At 7:43 A.M. on February 27th, 2002, the Sabarmati Express rolled into the

Godhra station, fortunately with a four-hour delay, in broad daylight. This traintransported more than 2,000 people, mainly karsewaks on their way back to

Ahmedabad after participating in the Poorna Ahuti Yagya at Ayodhya, a ritual at the

traditional birthplace of Rama.

As it pulled out of the station, the train was pelted with stones and bricks, and

passengers from several bogeys were forced to bring down their windows to protect


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themselves. Someone pulled the emergency chain: the train came to a halt about

100 metres away from the platform, surrounded by a large crowd of Muslims. The

railway police managed to disperse the crowd, and the train resumed its journey.

Within minutes, the emergency chain was simultaneously pulled again, from

several coaches. It halted at about 700 metres from the station. A crowd of over

1,000 surrounded the train, pelting it with bricks, stones, then burning missiles and

acid bulbs, especially on the S-5, S-6 and S-7 coaches.

The vacuum pipe between coaches S-6 and S-7 was cut, thereby preventing any

further movement of the train. The doors were locked from outside. A fire started in

coach S-7, which the passengers were able to extinguish. But the attack intensified

and coach S-6 caught fire and minutes later, was in flames. Passengers who

managed to get out of the burning compartment were attacked with sharp weapons,and stoned. They received serious injuries, some were killed. Others got out through

the windows and took shelter below the coach.

Fifty eight pilgrims were burned alive, including twenty-seven women and ten

children. The whole attack lasted 20-25 minutes. [1]

What transpired then, in the Indian press? Lets imagine a coach of French

pilgrims coming back from Lourdes, burned alive.

Strangely, instead of clearly, straightforwardly condemning the act, the Indian

English-language press tried to justify it: Pilgrims provoked by chanting pro-Hindu

slogans (they were not slogans but bhajans , or devotional songs, ending with Jai

Sri Ram (Victory to Sri Rama). Its because they were returning from Ayodhya,

where they asked for the reconstruction of a temple at the traditional birth place of

Rama; this offends the feelings of the Muslims. In sum, the victims, roasted alive,

were guilty.

The Anger Numb with shock, the people of Gujarat did not react straightaway. They

remained calm at first. Till that afternoon, when the charred bodies started arriving at

their respective families with no comforting voice sounded, either from the

government, or from the media, no condemnation for this barbaric act, but an

indifferent, deafening silence then these people known for their non-violent nature
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and exceptional patience, burst into a frenzy.

There was a revolt in the whole of Gujarat. For three days, tens of thousands of

enraged Hindus set fire to Muslim shops, houses, vehicles: They came out from all

sides, all parties, all classes, uncontrollable one cannot control a revolution

(except in China maybe). The fatalities: 720 Muslims, 250 Hindus, according to

official figures.

We read all over about a genocide of Muslims. Do we remember a single report

on the Hindus who heroically helped save Muslims in their neighbourhood? Was

even one family of Hindu victims interviewed following the criminal burning of the

Sabarmati Express ? One fourth of the dead in the ensuing riots were Hindus. How to

classify those 250 victims? Who evoked the dead on the Hindu side? According to

reports, Congress Party councillor Taufeeq Khan Pathan and his son Zulfi, notoriousgangsters, were allegedly seen leading Muslim rioters. Another such character,

Congress member of the Godhra Nagarpalika [municipality], Haji Balal, was said to

have had the fire-fighting vehicle sabotaged beforehand. [2] Then,

he stopped the vehicle on its way to the Godhra Station and did not allow it to

proceed any further. A man stood in front of the vehicle, the mob started pelting

stones, The

headlights and the windowpanes of the vehicle got damaged Fearing for his own

and his crew's life, the driver drove the vehicle through the mob, as it was not

possible to move backwards. The mob gave in but 15-20 precious minutes had been

lost. [3]

Lost for a coach full of innocent people in flames.Which newspaper article stated that the most violent events took place following

provocations by leaders of this sort? The Union Home Ministry's Annual Report of 2002-03 stated that 40,000 Hindus were in riot relief camps. What made those40,000 Hindus rush to relief camps? To seek protection from whom? Why was itnecessary if they were the main aggressors?

More than the barbaric event itself, it is the insensitivity of the Indian elite and of the media that infuriated the Gujaratis.

Those accused of terrorism often receive political support, are benevolentlyportrayed by the media, and a host of human rights organisations are always onhand to fight for them. But those victims whose life is cut down for no reason, arethey not human enough to get some rights too? The great majority of those whotook to revolt in Gujarat were neither rich nor particularly intellectual neither right
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nor left: they were middle- and lower-class Gujaratis, simple people, workers, alsotribals. But some from the upper middle class, among them a lot of women, took partin the upheaval.

The media sources

Apart from local journalists usually more objective in their reports, no English

media reporter, thought it worthwhile to look deeper into the events at the Godhra

railway station. Nobody came to question possible survivors of the tragedy. Is a

coach of Hindu pilgrims even worth the trip? They had to wait for the elite to react;

they had to receive directives from the politically correct, before taking their pens.

Worse, they reported deliberate rumours and made up versions as actual news.

We were told, for instance, that when some pilgrims got off the ill-fated coaches

to have tea,

some altercation took place

between them, and a Muslim tea vendor: They argued with the old man on purpose, wrote some newspapers; they refused

to pay for their tea (though Gujarati honesty is well known); they pulled his beard

and beat him up ... They kept shouting Mandir ka nirmaan karo, Babar ki aulad ko

bahar karo (start building the temple and throw out the sons of Babar). Hearing the

chaos, the tea vendors 16-year-old daughter came forward and tried to save her

father from the karsevaks . She kept pleading and begging them to leave him alone.

The karsevaks , according to this version, then seized the girl, took her inside their

compartment and closed the door. The old man kept banging on the door and

pleaded for his daughter. Then two stall vendors jumped into the last bogey, pulled

the chain, and put the bogey on fire.

But would they have been stupid enough to set fire to the coach where their

colleagues young daughter was being held? And why were 2,000 Muslims

assembled there at 7 A.M. with jerry-cans of petrol bought the previous evening?

Rajeev Srinivasan, an American journalist of Indian origin, was e-mailed this

anonymous report a dozen times, supposedly written by Anil Soni, Press Trust of

India reporter. He contacted Anil Soni to check on the veracity of this account. Soni

answered:

Some enemy of mine has done this to make life difficult for me, do you understand,sir? I did not write this at all. I am a PTI correspondent. Yes, that is my phonenumber, but it is not my writing.


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Anil Soni apparently had heard about it from hundreds of people, and was upset

to see a false report circulated in his name.

Inquiries with the Railway Staff and passengers travelling in the Sabarmati

Express showed that: no quarrel whatsoever took place on the platform between a

tea vendor and pilgrims, and no girl was manhandled nor kidnapped.

As the Nanavati Report established later, this fictitious report was in fact

circulated by the Jamiat-Ulma-E-Hind, the very hand responsible for the carnage.[ 4]

It nevertheless went around the world, exhibited as the true story. Arent we

compelled to conclude that the assailants, in India, are those who dictate whats politically correct, and instruct the media?

Arson and CanardsOn the afternoon of February 28th, Gujarati Hindus revolt broke out. 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 subject; it was a planned violence perpetrated by fundamentalist Hindus against Gujarats Muslims, fully backed by the State of

Gujarat. From this day on, the burning of coach S-6 was to be left behind, forgotten.

On February 28th evening, Chief Minister Narendra Modi announced his decision

to deploy the Army, and the next day, March 1st, by 11 A.M. the actual deployment

of troops at sensitive points had begun. Violence abated in most major cities, after

their arrival with orders to shoot on sight. But security forces were largely

outnumbered by the angry flood of people, spreading for the first time like rivers in

spate, to rural areas and villages. Apprehending the seriousness of the situation,

Narendra Modi had made a request for security personnel from neighbouring States

of Maharashtra, Madhya Pradesh, Rajasthan and Punjab. This request was turned

down by each State. Why did no one report this fateful refusal?

That same day (1st March), at the peak of the turmoil, the National Human Rights

Commission faxed a notice to the Gujarat Government, calling for a report within

three days on the measures being taken to prevent any further escalation of the

situation in the State of Gujarat which is resulting in continued violation of human

rights of the people. [5] But it was silent on what had led to such a situation in the
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Balbir Punj, Rajya Sabha MP and journalist, shocked by this despicable

incident which allegedly occurred in Baroda, decided to investigate it. He got in

touch with the Gujarat government.

The police investigations revealed that no such case, involving someone called

Sayeeda, had been reported either in urban or rural Baroda. Subsequently, the

police sought Roys help to identify the victim and seek access to witnesses who

could lead them to those guilty of this crime. But the police got no cooperation.

Instead, Roy, through her lawyer, replied that the police had no power to issue

summons. [6]

This redefines the term fiction writer.

Another story about a pregnant Muslim woman whose stomach was allegedly ripped open, her foetus taken out and both being burnt, horrified people all over

the world. The first mention of it seems to be in a BBC report around March 6th,

which, though uncorroborated, spread like wildfire, with fresh details (divergent and

varied, but who cares?), so much so that you end up feeling there is no smoke

without fire. The rumour was never confirmed which twisted tongue first

whispered it?

Press articles kept quoting one another, creating

dossiers

out of floatingrumours. None of the authors even deigned to visit the scene of the alleged events;

none except the official inquiry commissions, had the honesty to question fairly, in

parallel, the involved Hindu families regarding the tragedy unfolding in the two

Gujarati communities.

Onlookers get caught

On March 1st, 2002, in a village on the outskirt of Vadodara (Baroda), the Best

Bakery

was set on fire: fourteen persons were burnt alive (nine Muslims and threeHindus). This particular incident made much ink flow, since the prime witness, young

Zaheera Habibullah Sheikh, aged 19, turned against the prosecution in favour of the

accused in the trial court.

Though Zaheera lost several family members in the tragedy, on May 17th, 2003,

in the Vadodara High Court, she testified that the accused persons in the dock were
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been aware that seated in Delhi at the helm of this human rights affair, he would

have been the first target of a number of dubious NGOs with vested political

interests. Strangely, Justice Anand did not even consider it important to send his

own team of independent inquiry before questioning the judgment of another court of

law. [8]

Consequently, just after the fast-track court acquittals, three members of

Zaheeras 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 [9]). Did she have a choice?

Along with her mother and brother, she was taken to Mumbai without their

consent, and brought to Teesta Setalvad, [10 ] 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.

The Gujarat High Court dismissed the appeal, rightly suspecting that the witness

had been pressured to turn hostile, and upheld the acquittals.

But the Supreme Court accepted the retraction and, as demanded by NHRC and

Setalvad, ordered the retrial of the case outside Gujarat. The acquittal of the twenty-

one people was quashed. In 2004, Zaheera managed to flee from her

confinement by the activist, and in November, seized by remorse for having allowedinnocent people to be accused, stated that whatever she had told the Supreme

Court, was done under duress from Teesta Setalvad and her associate Rais Khan;

and whatever she told the NHRC was a lie. Ramzan is on and I want to state the

truth, she said. What I had said in Vadodara Court during the trial was my true

statement. The judgement was correct and had given me all the justice I wanted.
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Authentic inquiry

By contrast, a genuine, on-the-spot investigation was conducted under the aegis

of the New Delhi-based Council for International Affairs and Human Rights. [15 ] Its

findings were made public as early as April 26th, 2002, through a press conference

held in Delhi. Running counter to the politically correct line of an orchestrated

attack, they were largely ignored by the media.

On March 3rd, 2002 the five-member fact-finding team under Justice Tewatias

direction went to Godhra and spent six days visiting three affected areas in

Ahmedabad and some of the relief camps. At all places, team members interacted

with the two communities freely, without intervention of any officials. Five delegations

from both communities presented their facts and views. The team then went to the

Godhra railway station and interviewed officials, survivors and witnesses of theburning of the S-6 coach, as well as the fire brigade staff. They met the Godhra

District Collector, along with other officials.

On April 4th, the team was in Vadodara (Baroda) visiting five relief camps of both

communities, and seven areas which were the scenes of violence in the preceding

month, as well as a number of sensitive areas. To have exposure to the ground

realities they visited some areas still under curfew and also met the Commissioner of

Police and District Collector along with other officials. Thirteen delegations consisting

of 121 citizens met the team and presented their testimonies; they included not only

members of both communities, but ranged from the Association of Hoteliers to a

group of Gujarati tribals (Vanavasis).

Indisputable facts

Let us quote some findings of Justice Tewatias Inquiry Commission, which its

report described as indisputable:

The attack on Sabarmati Express on 27.02.02 was pre-planned and pre-meditated.It was the result of a criminal conspiracy hatched by a hostile foreign power with the

help of local jehadis carried out with the evil objective of pushing the country into

a communal cauldron.
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The plan was to burn the entire train with more than two thousand passengers inthe wee hours of February 27th, 2002.

There were no quarrels or fights between the vendors and the Hindu pilgrims onthe platform of Godhra Railway Station.

Firebombs, acid bulbs and highly inflammable liquid(s) were used to set thecoaches on fire that must have been stored [the day before] already for the purpose.

The fire fighting system available in Godhra was weakened and its arrival at theplace of incident wilfully delayed by the mob with the open participation of a

Congress Councillor, Haji Balal.

Fifty-eight passengers of coach S-6 were burnt to death by a Muslim mob and oneof the conspirators was a Congress Councillor, Haji Balal.

Someone used the public address system exhorting the mob to kill kafirs andenemies of Bin Laden.

About the police:

Police was on many occasions overwhelmed by the rioting mobs that weremassive and carried more lethal weapons than the police did.

[They] did not have the training and know-how to manage situations of communalstrife witnessed in the state in recent weeks.

In many places, [they] made a commendable work in protecting life andproperty. Barring a few exceptions, it was not found to be communally motivated.

Army deployment:

Available information shows that the Army was requisitioned and deployed in time.

After Godhra

The involvement of the

tribal

communities or Vanavasis , in the post-Godhrariots added a new dimension to the communal violence, as Justice Tewatias report

reveals:

In rural areas the Vanvasis attacked the Muslim moneylenders, shopkeepers andthe forest contractors. They used their traditional bows and arrows as also their


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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.

About the media:

Gujarati language media was factual and objective. Yet its propensity to highlightthe gory incidents in great detail heightened communal tension.

English language newspapers appeared to have assumed the role of crusadersagainst 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. [16 ]

A few healing voices

It would be unfair not to mention a few voices that rose from among the

journalists themselves, against this enormity. The most eloquent one was Vir

Sanghvis, usually part of the secular establishment, ever ready to portray Muslims

as victims, Hindus as aggressors. Vir Sanghvis crisis of conscience suddenly gave

him intellectual clarity. Some extracts from his article One-way ticket in The

Hindustan Times of Feb. 28th, 2002:

There is something profoundly worrying in the response of what might be called the

secular establishment to the massacre in Godhra.

There is no suggestion that the karsewaks started the violence there has been no

real provocation at all And yet, the sub-text to all secular commentary is the same:

the karsewaks had it coming to them.

Basically, they condemn the crime; but blame the victims

Try and take the incident out of the secular construct that we, in India, have

perfected and see how bizarre such an attitude sounds in other contexts. Did we say

that New York had it coming when the Twin Towers were attacked last year? Then
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too, there was enormous resentment among fundamentalist Muslims about

America's policies, but we didn't even consider whether this resentment was justified

or not.

Instead we took the line that all sensible people must take: any massacre is bad and

deserves to be condemned.

When Graham Staines and his children were burnt alive, did we say that Christian

missionaries had made themselves unpopular by engaging in conversion and so,

they had it coming? No, of course, we didn't.

Why then are these poor karsewaks an exception? Why have we de-humanised

them to the extent that we don't even see the incident as the human tragedy that it

undoubtedly was

I know the arguments well because like most journalists I have used themmyself. And I still argue that they are often valid and necessary.

But there comes a time when this kind of rigidly ' secularist ' construct not only goes

too far; it also becomes counter-productive. When everybody can see that a

trainload of Hindus was massacred by a Muslim mob, you gain nothing by blaming

the murders on the VHP [17 ] or arguing that the dead men and women had it coming

to them.

Not only does this insult the dead (What about the children? Did they also have it

coming?), but it also insults the intelligence of the reader.

There is one question we need to ask ourselves: have we become such prisoners of

our own rhetoric that even a horrific massacre becomes nothing more than occasion

for Sangh Parivar-bashing? [18 ]

S. Gurumurthy in The New Indian Express (March 2nd), Jaya Jaitley, in The

Indian Express (March 7th), Rajeev Srinivasan in Rediff on Net (March 25th), Arvind

Lavakare in Rediff on Net (April 23rd), T. Tomas in Business Standard (April 26th),

Franois Gautier in The Pioneer (April 30th), M.V. Kamath in The Times of India

(May 8th), Balbir Punj in Outlook (May 27th), each one expounded the absurdity of a

situation where the majority of Indians the Hindu community are looked down

upon as second class citizens. A negligible lot taken for granted because it is
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harmless, non-aggressive, and unable to speak and act as one coherent, organized

group.

A farcical interlude

Two and a half years after the events, on Sept. 3rd, 2004, the cabinet of the

Central Government (ruled by the UPA coalition [19 ]) approved the setting up of a

committee constituted by the Railways Minister Lallu Prasad Yadav, and headed by

Justice U. C. Banerjee, former judge of the Supreme Court, to probe the causes of

the conflagration in the Sabarmati Express .

The blaze is an accident, Justice Banerjee coolly concluded in January 2005.

There was no possibility of inflammable liquid being used, said he, and the fire

originated

in the coach itself, without external input.

The Cabinet ministers werefully satisfied.

Now among the few survivors, Neelkanth Bhatia, was not one. 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?

The Nanavati Report

The first part of Justice Nanavati-Shah Inquiry Commission report was released in

September 2008, after four years of thorough investigations. [20 ] It lifted the cloak of

blame that had been wrapped around the Gujarati people all those years. It also

cleared the most blackened Chief Minister of Gujarat, Narendra Modi.

There is absolutely no evidence to show that either the Chief Minister and/or any

other Minister(s) in his Council of Ministers or Police officers had played any role in


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the Godhra incident or that there was any lapse on their part in the matter of

providing protection, relief and rehabilitation to the victims of communal riots or in the

matter of not complying with the recommendations and directions given by National

Human Rights Commission. There is no evidence regarding involvement of any

definite religious or political organization in the conspiracy. Some individuals who

had participated in the conspiracy appear to be involved in the heinous act of setting

coach S/6 on fire.

The policemen who were assigned the duty of travelling in the Sabarmati Express

train from Dahod to Ahmedabad had not done so and for this negligent act of theirs

an inquiry was held by the Government and they have been dismissed from service.

On the basis of the facts and circumstances proved by the evidence the Commission

comes to the conclusion that burning of coach S/6 was a pre-planned act. In other words there was a conspiracy to burn coach S/6 of the Sabarmati Express train

coming from Ayodhya and to cause harm to the Karsevaks travelling in that coach.

All the acts like procuring petrol, circulating false rumour, stopping the train and

entering in coach S/6 were in pursuance of the object of the conspiracy. The

conspiracy hatched by these persons further appears to be a part of a larger

conspiracy to create terror and destabilise the Administration. [21 ]

According to Justice Nanavati, Maulvi Hussain Umarji from Godhra was the brain

behind the events. Two of the main accused, Salim Panwala et Farukh Bhana, are

absconding, very likely having fled to Pakistan. The report named a few others, with

various degrees of involvement in the events, but they are unlikely to be troubled in

view of their political connections.

Heartstrings for whom?

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 13th, 2008, the highest court sharply turned down

the petition, thus making the testimonies and inquiries available to all (the Nanavati

Report is available on the Internet).
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However, under pressure from the UPA Government and pestered by the

National Human Rights Commission and Citizens for Justice and Peace NGO, on

October 21st, 2008, the Supreme Court directed that the Prevention of Terrorist Act

(POTA) could not be used against the 134 accused in the Godhra train burning

incident, whose trial was to be held under the provisions of the Indian Penal Code.

This amounted to accepting prima facie that the guilty were not terrorists: we are

allowed to call them militants, gunmen but not terrorists. This ruling will have

nationwide impact, as other State governments may have to drop charges under

POTA against those accused of indulging in terrorist activities. The recent terrorist

attacks on Mumbai (on November 26th) demonstrate the danger of such a

withdrawal.

Pattern for Harmony

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. [22 ] And to portray both communities potential to behave as

terrorists! Truth and clarity of mind are the casualties.

We remember the great art historian A.K. Coomaraswamys words in 1909:

It is unfortunate that libels upon nations and religions cannot be punished as can

libels upon individuals. [23 ]

Gujarat had greatly suffered throughout all those years. Through a devastating

Bhuj region earthquake in January 2001, in which more than 20,000 people died; thepilgrims burned alive at Godhra in Feb. 2002 and just six months later another

terrorist attack in the Akshardham temple in Gandhinagar, where thirty-three

peaceful worshippers were brutally gunned down (with seventy injured). Amidst

those tragedies the people of Gujarat seemed to have no doubt whatsoever

regarding the sincerity of their Chief Minister, whose administration happens to be


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among the least corrupt in the whole of India. State elections were held twice since

those events: in December 2002 and December 2007. How is it that Narendra Modi

won landslide victories on both occasions despite extremely hostile and sustained

media campaigns, seeking to demonise him as a blood-thirsty ruler?

Official India has chosen to forget a millennium of Islamic intolerance and

brutality. Millions of butchered Indians have no right to be remembered, not even in

history textbooks, where invaders are sometimes turned into heroes. Sadly, this

ostrich-like attitude leaves the wounds open and condemns us to relive the past

rather than heal it.

January 2009

Nicole Elfi

Nicole Elfi left France thirty-four years ago for India, drawn to Sri Aurobindo and the Mother. Sheparticipated in publication of works related to them and in research on Indian culture, authoringtwo books in French; the second one, Aux Sources de lInde was published June 2008. Contactemail:

Notes & references

[1] See Commission of Inquiry Report of Justice G.T. Nanavati & Justice Akshay H. Mehta( Justice Nanavati Report for short further below): p. 71-84: 97-125; p.86: 128; p.89-90: 130;p.170: 223; p.172: 226-27; p.174-175: 229; the integral text is available on the website of theGujarat Government:http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf See also Godhra the Missing Rage , by S.K. Modi (New Delhi: Ocean Books, 2004).

[2] One of the main vehicles was out of order, as its clutch-plates had been taken out a few daysearlier. On their arrival on 27.02.02 in their office, firemen found that the other fire engine hadbeen tampered with. (Justice Tewatia Report and Justice Nanavati Report: p.88-89: 131.)

[3] Ibid.

[4] Justice Nanavati Report, p.39-41: 50-52, p.48-49: 67-68.

[5] To which Gujarat Chief Secretary sent a request to grant further time of 15 days, as the State
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machinery is busy with the law & order situation, it would take some time to collect the informationand compile the report. Indeed.

[6] See Balbir Punj in Outlook , May 27th and July 8th; also in The New Indian Express , March8th, 2002.

[7] See Vadodara Sessions Court, Best Bakery Case, Justice H.U. Mahidas Judgement, June27th, 2003.

[8] Columnist Arvind Lavakare in Blindfolded in Best Bakery (9.9.2003), commented: TheGujarat government quickly appointed three public pleaders for the purpose of suing [JusticeAnand] for contempt of court; these pleaders, in turn, filed an application before the Vadodara

judge asking him to move the state's high court to punish the contemnor who, they said, hadinsulted the honour and dignity of the judge, besides undermining the entire judiciary. ButJustice Anand went to the Supreme Court even before an appeal against the Vadodara verdictcould be thought out by the Gujarat government. His NHRC petitioned the apex court to order are-trial of the 21 'not guilty' Best Bakery accused. And the re-trial demanded is one that should beout of Gujarat state! Though article 20(2) of the Constitution of India prohibits trial for the sameoffence twice (M. N. Buch, The Indian Express , Mumbai, August 13th, 2003).

[9] Section 191 of the Indian Penal Code, 1860, says, Whoever, being legally bound by an oathor by an express provision of law to state the truth or being bound by law to make a declarationupon any subject, makes any statement which is false, and which he either knows to or believesto be false or does not believe to be true, is said to give false evidence. Section 193 lays downthat punishment for the offence of giving false evidence is imprisonment which may extend toseven years and shall also be liable to fine.

[10 ] Social activist and Secretary of the NGO Citizens for Justice and Peace , and co-editor of

Communalism Combat , a CPI-CPI(M) affiliated magazine.

[11 ] Zaheera isnt the only one to seek police protection from activist Teesta Setalvad. Rais Khan,who worked closely with her, now feels under threat and recently asked for it too.

[12 ] As it happens, a host of Gujarat riot case victims were misled into signing affidavits givingfalse information at the behest of Setalvads Citizens for Justice and Peace , which wasinstrumental in organising payment of Rs. 1 lakh each to ten witnesses in various post-Godhrariot. Among the recipients, four are Best Bakery case witnesses. A list of names were sent to theCPI(Marxist) relief fund, and demand drafts were handed out at a function in Ahmedabad onAugust 26th, 2007 by CPI(M) politburo member Brinda Karat, Teesta Setalvad and Rais Khan.Incidentally, those who were both victims and eyewitnesses received 100,000 rupees, someothers 50,000 rupees, while the victims got a mere 5,000 rupees each. This has raised eyebrowsover the selection of beneficiaries and the purpose of paying a disproportionately large sum to theeyewitnesses before the trial. See Navin Upadhyay, Daily Pioneer , Dec. 20th, 2008 : www.dailypioneer.com/144856/Godhra-riot-witnesses-got-Rs-1-lakh-each.html

[13 ] South Asia researcher for Human Rights Watch and author of the report.
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[14 ] This New York-based Human Rights Watch, still watches the Indian shores closely, as itappears, but not to protect innocent lives. On Dec. 3rd, 2008, just a week after the ghastly Nov.26th terrorist attacks in Mumbai, HRW issued a statement to the Government of India, offeringgratuitous advice on how to manage its affairs and demanding that investigators should respectthe human rights of captured terrorist Ajmal Amir Kasab (also called Butcher of Mumbai ). Acommentator in The Jerusalem Post pointed out, The HRWs website lists 38 reports attackingcounter-terrorism efforts around the globe but only three on the brutal impact of terrorism oncivilians. See also Kanchan Guptas excellent article, Mumbais Butcher and human rights, inThe Pioneer , Dec. 17th, 2008.www.dailypioneer.com/144038/Mumbais-Butcher-and-human-rights.html

[15 ] Council for International Affairs and Human Rights (governing body for the term 2001-2003),New Delhi. Facts Speak for Themselves: Godhra and After, A Field Study by Justice D. S.Tewatia, Dr. J.C. Batra, Dr. Krishan Singh Arya, Shri Jawahar Lal Kaul, Prof. B. K. Kuthiala.Available online at www.geocities.com/hsitah9/facts_speak_for_themselves.htm .

[16 ] From Justice Tewatia Report.

[17 ] The Vishva Hindu Parishad (VHP) is a pro-Hindu organization.

[18 ] The Sangh Parivar is a network of pro-Hindu organizations deriving from the Rashtriya SevakSangh (RSS).

[19 ] The UPA is a coalition of political parties, the main one being the Congress presided over bySonia Gandhi; Manmohan Singh is the Prime Minister. As many as 10 Cabinet ministers (at thehelm of Indias affairs till today ) as well as 93 Lok Sabha MPs face criminal charges rangingfrom rape, extortion and murder (Association of Democratic Reforms, New Delhi, in The New Indian Express , Dec. 6th, 2006).

[20 ] Among its specific tasks, the Nanavati Commission was required by the Government toconsider: Role and conduct of the then Chief Minister and/or any other Minister(s) in his councilof Ministers, Police Officers, other individuals and organizations in both the events referred to inclauses (a) and (b); (e) Role and conduct (i) in dealing with any political or non-politicalorganization which may be found to have been involved in any of the events referred tohereinabove; (ii) in the matter of providing protection, relief and rehabilitation to the victims of communal riots (iii) in the matter of recommendations and directions given by National HumanRights Commission from time to time. By that notification the Government also included withinthe scope of inquiry the incidents of violence that had taken place till 31-5-2002.

[21 ] Nanavati Commission Report, p.174-75: 229; p.175: 229; p.176: 230.

[22 ] New Indian Express , August 13th, 2006.

[23 ] Ananda K. Coomaraswamy in Essays in National Idealism , p.143 (Munshiram ManoharlalPublishers, 1981).
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Extracts of Justice Nanavati-Shah Inquiry Commission report

(18 September 2008)

223. Ajay Bariya in his statements recorded by the police on 4.7.2002 and J.M.F.C.

Godhra on 9.7.2002 has stated that on 27-2-2002, he had gone to Godhra railway

station at about 7.00 a.m. After referring to the incident of Mohmad Latika, he has

stated that after the chain was pulled and the train had stopped, he had gone out of

the station. Shaukat Lalu had met him there and told him to run along with them. So

he had gone with them to the backside of Aman Guest House. Shaukat and others

had then gone inside the room of Razak Kurkur and come out with Kerbas. He was

asked to put one Kerba in the rickshaw which was standing nearby. Petrol like smell

was coming from it. Thereafter others had also come there with Kerbas and they were

all kept in the tempy. All of them had then got into that vehicle which after passing

through Bhamaiya nala and Ali Masjid had stood near the railway track near 'A' cabin.

Each one of them was asked by Shaukat Lalu to carry one Kerba with him. At that

time he had come to know that the train was to be set on fire. They had run towards

the train through the foot track. He himself was reluctant go with those persons but

Shaukat Lalu had compelled him to go along with them. He has then described in his

statement how the coaches were attacked and coach S/6 was set on fire. According

to him, Shaukat Lalu and Mohmad Latika had forcibly opened the sliding door of S/6

leading to coach S/7 and entered coach S/6 through that door. Hasan Lalu had

thrown a burning rag which had led to the fire in S/6.

224. It is rightly pointed out by the Jan Sangharsh Manch that there was no prior

information with the police and the authorities at Gandhinagar regarding the return

journey of the Karsevaks from Ayodhya as can be gathered from the evidence of


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regarding abduction of a Ghanchi Muslim girl. That was done in order to collect large

number of persons near the train and induce them to attack it, so that they get

sufficient time to go near the train with petrol. It was also an (172) attempt to showthat what happened was done by an angry mob because of the earlier incidents

which had taken place at the station. The mob consisting of the general public would

not have set coach S/6 on fire on the basis of the false rumour as their attempt in that

case would have been to stop the train, search for the abducted girl and rescue her.

226. Ranjitsinh Jodhabhai Patel and Prabhatsinh Gulabsinh Patel serving at

Kalabhai's petrol pump were present at the petrol pump on 26.2.2002 at about 10.00

p.m. Both of them have stated that at about that time Rajak Kurkur and Salim

Panwala had come there and told Prabhatsinh to give them about 140 litres of petrol.

Petrol was filled in the carboys which were brought in a tempy rickshaw. Prabhatsinh

has further stated that Jabir Binyamin, Shaukat Lalu and Salim Jarda had come in the

tempy. Both these witnesses have explained in their statements why they had earlier

told the police that they had not given loose petrol to any one in a carboy on

26.2.2002.

227. On the basis of the facts and circumstances proved by the evidence the

Commission comes to the conclusion that burning of coach S/6 was a pre-planned

act. In other words there was a conspiracy to burn coach S/6 of the Sabarmati

Express train coming from Ayodhya and to cause harm to the Karsevaks travelling in

that coach.

228. The confessions of Jabir Binyamin Behra, Shaukat alias Bhano son of Faruk

Abdul Sattar and Salim alias Salman son of Yusuf Sattar Jarda have also been

placed before the Commission for its consideration. Jabir Behra had made a

confession before the Chief Judicial Magistrate, Panchmahal District under section

164 of Cr.P.C. The confessions of Shaukat and Salim were recorded under the

provisions of Prevention of Terrorism Act, 2002. It was contended by the Jan (173)

Sanghars Manch that the Commission should not consider the confessions of the


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accused as the findings that may be recorded by this Commission are likely to cause

prejudice to the accused in the trial which is pending before the Sessions Court. This

objection was raised at an earlier stage of inquiry and it was rejected by passing anorder. . The inquiry before by the Commission is a fact finding inquiry and therefore,

the Commission can look into and consider any piece of evidence for finding out the

correct facts provided it is satisfied about its correctness. (174)

229. Jabir Behra in his confession dated 5.2.2003 has stated that he had gone with

Salim Panwala to the petrol pump of Kalabhai for bringing petrol. Though the carboys

filled with petrol were kept in the guest house of Rajak Kurkur, Salim Panwala had

then gone to the Station to inquire whether the train was on time or was running late.

Returning there from he had informed them that the train was running late by about 4

hours. Therefore, he had gone to home. He had again gone back to Aman Guest

House at about 6.00 o'clock in the morning of 27th. Along with Salim Panwala,

Shaukat Lalu and others he had gone in the tempy along with carboys to a place near

'A' cabin. He has further stated that Mohmed Latika had cut the vestibule between

coach S/6 and S/7 and entered the coach through that opening and he had also

followed him. Both of them had then together by force opened the door of coach S/6.

They had gone inside with two carboys. Shaukat Lalu had followed them and opened

the door of coach on A cabin side. Through that door Imran Sheri, Rafik Batuk and

Shaukat Lalu had come inside the coach with more carboys. Those carboys were

thrown in the coach and immediately thereafter there was a fire in the coach. Shaukat

Lalu has also in his confession dated 19.8.2003 given these details. Salim Jarda in

his confession dated 20.06.2004 has also stated that he had accompanied Salim

Panwala, Siraj Bala, Jabir and Shaukat Lalu while going to the petrol pump of

Kalabhai at about 9.30 p.m. for procuring petrol. He has also referred to the messagesent by the Maulvi Saheb. Since he was reluctant to take any further part in such a

bad act Rajak Kurkur had not allowed him to go. He was forced to stay in one room of

the Guest House. He has then stated that next day morning he, along with Jabir

Behra, Irfan, Shaukat Lalu and others had put the petrol filled carboys in the tempy


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and gone near A cabin. Rajak Kurkur and Salim Panwala had also followed them. He

had thereafter not taken any part in the attack on the train and had remained standing

at some distance.

All these three persons have retracted their (175) confessions but that by itself is not

a good ground for throwing them out of consideration. When considered along with

other facts proved by the evidence details given by this accused regarding the

manner in which coach S/6 was burnt appear to be true. These confessions disclose

that Rajak Kurkur and Salim Panwala were the two main persons who had organized

execution of the plan and that what was being done was according to what was

planned earlier and the directions of Maulvi Umarji. All the acts like procuring petrol,

circulating false rumour, stopping the train and entering in coach S/6 were in

pursuance of the object of the conspiracy. The conspiracy hatched by these persons

further appears to be a part of a larger conspiracy to create terror and destabilise the

Administration.

229. The Commission is required to consider the role and conduct of the then Chief

Minister and/or any other Minister(s) in his Council of Ministers, Police Officers other

individuals and organizations in the Godhra incident (i) in dealing with any political or

non-political organization which may be found to have been involved in the Godhra

incident and also (ii) in the matter of providing protection, relief and rehabilitation to

the victims of communal riots and (iii) in the matter of recommendations and

directions given by National Human Rights Commission from time to time. There is

absolutely no evidence to show that either the Chief Minister and/or any other

Minister(s) in his Council of Ministers or Police offices had played any role in the

Godhra incident or that there was any lapse on their part in the matter of providing

protection, relief and rehabilitation to the victims of communal riots or in the matter of

not complying with the recommendations and directions given by National Human

Rights Commission. There is no evidence regarding involvement of any definite

religious (176) or political organization in the conspiracy. Some individuals who had


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participated in the conspiracy appear to be involved in the heinous act of setting

coach S/6 on fire.

230. The policemen who were assigned the duty of travelling in the Sabarmati

Express train from Dahod to Ahmedabad had not done so and for this negligent act of

their an inquiry was held by the Government and they have been dismissed from

service.

Ahmedabad. (G.T. Nanavati) (Akshay H. Mehta)

September 18, 2008 Chairman Member

See the integral text on the website of the Gujarat Government :http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf
http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf%20http://home.gujarat.gov.in/homedepartment/downloads/godharaincident.pdf%20

godhra , the true story by nicole elfi

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