mr sanjiv bhatt writes to sit chairman mr r k raghavan in regards to prosecuting narendra modi - 25...
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No. SRB/SIT/120125/01Sanjiv Rajendra Bhatt IPSCamp: Ahmedabad,Date: January 25, 2012
Shri. R. K. Raghavan IPS (Retd.)Chairman,SIT- Godhra Riot Cases,Gandhinagar.
Sub: Unwarranted dilemma regarding prosecution of Mr. Narendra Modi.
Ref: 1. My letter No. SRB/SIT/110318/01 dated March 18, 2011.2. My letter No. SRB/SIT/110322/01 dated March 22, 2011.3. My letter No. SRB/SIT/110406/01 dated April 06, 2011.4. The Indian Express, Ahmedabad- Late City Edition of Dec. 09, 20115. My letter No. SRB/SIT/111210/01 dated December 10, 20116. Divya Bhaskar Ahmedabad Edition-26th December, 2011.7. My letter No. SRB/SIT/111226/01 dated December 26, 20118. My letter No. SRB/COI/120104/01 dated January 04, 20129. Mr. Suresh Mehtas letter dated January 05, 2012
10. My letter No. SRB/SIT/120106/01 dated January 06, 201211. My letter No. SRB/SIT/120115/01 dated January 15, 201212. The Times of India, Ahmedabad Edition dated January 25, 2012
Respected Sir,
1. This is with reference to a front page news item published in The Times ofIndia, Ahmedabad Edition dated January 25, 2012 under the title:
Prosecute CM or not? SIT seeks legal advice. A copy of the said news
item is annexed herewith for ease of reference.
2. Your attention is drawn to my depositions before the SIT, especially thedetails regarding my interaction with the Chief Minister on February 28,
2002; with respect to the situation that was then developing at Gulbarg
Society, Ahmedabad. As informed to the SIT as well as the LearnedAmicus Curiae Mr Raju Ramachandran, I had personally met the Chief
Minister Mr Narendra Modi twice on February 28, 2002. The first meeting
was in the forenoon, whereas the second meeting was in the early
afternoon of February 28, 2002. Details of both the above referred
meetings have been provided in my deposition before the SIT. As already
stated in my deposition, numerous Situation Reports and Alert Messages
regarding the deteriorating Law and Order situation across the State,
including the developing violent situation and imminent carnage at
Gulbarg Society, were contemporaneously sent to the Office of the Chief
Minister. Additionally, the Chief Minister Mr. Narendra Modi, was also kept
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telephonically informed about the contemporaneously developing situation
at Gulbarg Society. Facts regarding the complete inaction of Police at
various locations were also conveyed to the Chief Minister all throughout
the day. A compilation of some of the Alert Messages already submitted to
the SIT, as well as my deposition before the Honourable Justice Nanavati
and Justice Mehta Commission of Inquiry is annexed herewith for ease of
your reference.
3. I am briefly reiterating some very relevant facts, regarding the abovereferred second meeting, which have been already conveyed by me to the
SIT as well as the Learned Amicus Curiae in SLP (Criminal) 1088 of 2008,
Senior Advocate Mr. Raju Ramachandran. As already stated in my
deposition before the SIT, by the time of the second meeting with the
Chief Minister on February 28, 2002; the carnage at Gulbarg Society had
begun in full view of the Police personnel who were deployed there forbandobust duties. The Chief Minister was accordingly briefed about the
complete police inaction and complicity. The Chief Minister was also
explicitly informed about the imminent threat to the lives of Ex-MP Mr.
Ahesan Jafri and his family members. Surprisingly, on conclusion of the
above referred second meeting, the Chief Minister instructed me to find
out the details regarding the past instances wherein Mr. Ahesan Jafri had
supposedly opened fired on Hindus during earlier communal riots in
Ahmedabad City. Upon exiting from the said meeting with the Chief
Minister, I was informed by my Control Room and other State Intelligence
Bureau sources stationed at Gulbarg Society, that a few minutes ago Mr.Ahesan Jafri had opened fire on the riotous mobs. This made it amply
clear to me that the Chief Minister was already fully aware of the on-going
carnage and was independently getting real-time information updates on
the developments that were taking place at Gulbarg Society. Soon after
returning to my office, I was visited by two staff members from the Chief
Ministers Office who informed me that the Chief Minister had sent them to
collect details regarding past offences registered against Mr. Aehsan Jafri.
This was immediately followed by a similar telephonic request from
Cabinet Minister Mr. Ashok Bhatt who was stationed at Ahmedabad City
Control Room by the Chief Minister, earlier that day.
4. As explicitly conveyed to the SIT and the Learned Amicus Curiae, theabove described conduct of the Chief Minister made it unambiguously and
absolutely clear that the Chief Minister Narendra Modi was not interested
in discharging his constitutionally mandated legal obligation of directing
the Police Force to act with all firmness in order to protect the life and
property of helpless citizens. Instead, during the currency of the gory
carnage, he sought to condone and justify the Police inaction by having
the clairvoyant foresight to collect information which could be ultimatelyused to build up a case that the on-going carnage at Gulbarg Society was
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triggered by the act of unprovoked firing on the riotous mobs by Mr.Ahesan Jafri. The shamelessly devious conduct of the Chief Minister, amember of his Cabinet and his Office Staff was grossly indicative of thefact that the Chief Minister himself was complicit in the wantondestruction of life and property of helpless citizens at Gulbarg Society,Ahmedabad. These acts of commission and omission on the part of theChief Minister Mr. Narendra Modi, on February 28, 2002, amounted tofacilitation and abetment of the gruesome carnage at Gulbarg Society.As a retired officer of the Indian Police Service, you would be fully awarethat such acts of criminal commission and omission by a High-Constitutional Functionary like the Chief Minister would clearly amount toacts of Abetment as defined in Section 107 of the Indian Penal Code1860; and accordingly, would be liable to be charged and punished, interalia, under sections 109, 112, 115, 117, 118 and 119 of the Indian PenalCode 1860.I t is highly disturbing that despite the availability of substantial directevidence, as well as overwhelming circumstantial evidence; the SIT isapparently making last ditch attempts to save the Chief Minister and otherinfluential persons by taking recourse to so-called legal advice. I n fact, assubmitted to you earlier, any attempt by the SIT under your stewardship,at suppression and/or disappearance of vital evidence with a view toscreen the high and mighty offenders, including Mr. Narendra Modi, fromlegal punishment would ultimately result in complete miscarriage ofjustice. This would not only undermine the faith of the victims in ourCriminaj-Justice System as the high and mighty persons responsible forfacilitating and orchestrating a hate-driven pogrom would go unpunished;but we as a Nation would also collectively miss a momentous opportunityto break free from the unholy and diabolical tradition of citing oneunpunished carnage to justify another and thereby set an example thatwould deter all public functionaries from abdicating their constitutionalobligations for narrow sectarian gains and short-term electoral benefits.
With best wishes and the last flicker of hope,Yours sincerely,
(Sanjiv Bhatt)Copy with compliments:
1. Mr. Raju Ramachandran, Senior Advocate and Learned Amicus Curiae.2. Mrs. Jakia Nasim Ahesan Jafri, Surat.3. Ms. Teesta Setalvad, Citizens for Justice and Peace, Mumbai.
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Prosecute CM or not?SIT seeks legal advice~hniedabad: he Specialln-vestigation Team (SIT), appointed by Supreme Court toprobe thepost-Godhrariots ofGyiarat,hass o w t egalopin-ion on whether to prosecutefive persons, induding chiefministerNarendraModi,giventheevidencetheyhave.Theof-ficials havewritten to SIT'S1e
gal adv iw i closuresouaht . i reoort
i galadviserinthisconnection. t theirI Besides Modi. the list in- gi. EUf cormrator ~i;in"Pan- cokolicitvin the 2002 cornmu-i c l u ~ormer&or general chal and &lice insr&tor K G nalhots.SITsources saidthisi o~-mceFC~eW>-~~da.-: ditional DGP MK Tandon. in- "We have now'spector general of police,.PBGondiya and deputy superin-tendent of police KKMysore-wala. Zakia Jafit, key witnessin the Gulbarg Society mas-sacre of 2802, had fled a com-
plaintbeforetheSITagainst62persons ncludingModi,otlierpoliticians, op IAS andIFSof-ficersfornegpgence.SIThas m r d e d the statemenb of all the 62 accused.Based on this, five ef the 62were amsted, including for-mer state W t e r MayabenKodnani, formerVHP leaders
opinion on whetherthe pri&facie evidences collectedagainstModiandthe fouroth-ers are p ~ u t a b l e , "aid anSIT officer. Modi has been ac-cused of provoking the 2002communalriotswhilethecopshave been accused of negli-gence. SIThas lsoaskedtheirlegal adviser on whether thecops' negligence should betreatedascriminal nnatnre.TheSITislikelytofileaclo-sure report for the remaining48accused.ThismeansthattheSIThasnotbeenable to collect
on& tbe legal adviser replies to the queries, the SITmemberswi l lfllea finalreportontheirfindings.Duringthe41-vestigation, Jafti had filed anapplication seeking to dropcharges againstthreeIPS offi-cers - Satish Verma, KuldipSharma md Rahul Sharma.One of the accused, formerWarat minister and speakerof stateassembly;AshokBhatt,diedin2011.b HC reservesorderonpleato summanMsdl,~P
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FAX MESSAGE(PR I~ ITY :RASH) -
To: CPM a b a dInfo: PSto CM Gandhinagar
PSt6MOS(Home)OandhinagafHome Secandhinagar
kD.G.P. int61ligpc8,G.S., hinagarrm: %- No. [E2/2-CUR#AlERTIlOOPL002 Oak 27.2.2002TEXT:
aPursuant to the W n g held by ttie Hon'Me M iMinister it has becamedear that the StabGa\Pemmentwkhes togo atoeadwfth thedecisionof ringingthedead bodies of Kar SevakstoAhmedabad by raaB underP d i scort (.)
/ The dead bodies w511 be brcwght to Sola Civil Hospital in your jurisdictionbefotvrb>akr#l6utfor (.) Lacalcadresof BJP/BajrangDal are beingrnmsivdy mobilized fw the VHP/B.JP smppxtd -rat W h .)Wmread reSributiory t m fwwd violenoe k in your jurisdicltion (.)
f Dy. cimUiir98-& (Security)For. Addl. D.G.P., lnt,G.S., iwlhinagar
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3, '> ~ ' .{ i ' 1 - \ , t q t ' 8 ' 1 1" .;. \.,2!! t,, 1; 1-I?)-.."- < .. ,..! I:: < , I ,> . L, : 7 ; , , ,y ( :qJ r t ::;.,;,, 4, !. " : , ' , I . !, 0:< * -..
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- FAX MESSAGE(PRIORITY: CRASH)FS to CM Sar8G:iinapariPS, to MOS (Home)H ~ m eec Gandiiinaga:Police GandhinagarCP Ahmedabad
FROM Addl. D.G.P. Intelligence,G.S., GandhinagarDate: 28.2.2002
TextAs infonned t e l e p h ~ s r i ~ d l yo the Hon'ble CM Ex-MP EhsanZafri and his family members residing at Gulmarg Society, Charnanpura,Megkaninagar have been surrounded and are being attacked by a Hindu Mob in thepresance of Police Bandobust (.) The lives of Fhsan 7afri and other family members 1are in imminent danger (.)CP Ahmedabad is requested Po take immediate effective action
and provide a situation report to SCR under intimation to this office at the earliest (.)&//q ,L
(Sanjiv Bhatt)Dy.Commissioner (Communal),. ,-.,. F o r Add!. D.G.P., fnt., G.S., Gandhinapar
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8/3/2019 Mr Sanjiv Bhatt writes to SIT Chairman Mr R K Raghavan in regards to prosecuting Narendra Modi - 25 Jan 2012
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8/3/2019 Mr Sanjiv Bhatt writes to SIT Chairman Mr R K Raghavan in regards to prosecuting Narendra Modi - 25 Jan 2012
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8/3/2019 Mr Sanjiv Bhatt writes to SIT Chairman Mr R K Raghavan in regards to prosecuting Narendra Modi - 25 Jan 2012
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8/3/2019 Mr Sanjiv Bhatt writes to SIT Chairman Mr R K Raghavan in regards to prosecuting Narendra Modi - 25 Jan 2012
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8/3/2019 Mr Sanjiv Bhatt writes to SIT Chairman Mr R K Raghavan in regards to prosecuting Narendra Modi - 25 Jan 2012
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