Narendra Modi claims he inaugurated India’s First Yoga University #Fekuexpose


FeKu-Expose

Narendra Modi the Liar, proved beyond Doubt.

and Media never verifies his claims

Narendra Modi, yoga and a new university for Gujarat

Reported by Rohit Bhan, Edited by Janaki Fernandes | Updated: May 24, 2013 10:10 IST

 

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? Ahmedabad, May 23: Gujarat Chief Minister Narendra Modi on Thursday regretted that successive governments at the Centre neglected the importance of yoga, which is gaining prominence in the world. “Yoga was intentionally neglected by Britishers while they were ruling the country as they feared that through yoga India will become powerful in the world,” Modi said inaugurating the Lakulish Yoga University. “But even after Independence, we didn’t come out of the slave mentality and continue to ignore the importance of yoga. And sometimes by equating yoga with communalism, we inflicted a great damage on us,” Modi said. Lakulish Yoga University, established by Life Mission Trust of Gujarat, is claimed to be the first ever such private sector self-financed institution in the country. Modi, while citing Sanskrit ‘shlokas’, stressed the importance of yoga and how it can play a vital and decisive role in the lives of people. “Today, every human being in the world is confused, unhappy and is seeking inner peace. He does not need materialistic wealth but needs peace and only yoga taught by a professional, an exponent or a complete teacher can facilitate this peace,” he said. “People across the globe are curious about yoga and it would have been better if successive governments of our country had included yoga as a path to reach the whole world. Then India would have got a great opportunity to connect with the entire world,” Modi said. “I hope and wish that this Lakulish University, inspired by one of the authority in yoga of our time, Swami Rajrshi Muni, will generate expert yoga teachers which in turn will spread it (yoga) in the world,” Modi added. Addressing the gathering, varsity founder Swami Rjarshi Muni said there would not be just one medium of teaching in the institution. “No matter which language they (students) speak, here we will impart education in their preferred languages. We have yoga teachers from every part of the world,” he said. The university will award degrees for the three-year courses. The state government had earlier enacted a law for creation of a Yoga university in the state.

ALL ABOVE IS A LIE 

There are many Universities of Yoga in India The Bihar Yoga University is an internationally acclaimed school of Yoga founded by Swami Satyananda Saraswati in 1964 to fulfill the instruction given by his Guru, Sri Swami Sivananda of propagating the ancient wisdom of yoga from door to door and from shore to shore. Situated on the banks of the Ganges, the campus of Bihar School of Yoga is known as Ganga Darshan, located at the top of hillock in the town of Munger in the Indian state of Bihar. Bihar School of Yoga imparts traditional yoga teachings to householders and sannyasins alike from across the globe.
S-VYASA is a Yoga University declared deemed to be University under Section 3 of the UGC Act, 1956,, started in 1986, in Bangalore in Karnataka yoga university .

 

Gujarat and The Illusion of Development


By – Shipra Nigam at kafila.org

MAY 23, 2013

This Guest post by SHIPRA NIGAM is a review of a volume of essays edited by Atul Sood Poverty Amidst Prosperity: Essays on the Trajectory of Development in Gujarat (Aakar Books 2013).

gujarat-farmers_507544e

Thousands of farmers protested in March this year in Ahmedabad against the state’sindustrialization policies

This volume of essays is the outcome of a detailed study by a team of contributing research scholars led by Atul Sood. This timely evaluation provides an insight into many crucial questions: What are the constituent elements of Gujarat’s growth story? To what extent can the successful features of Gujarat’s growth story be attributed to the political regime fashioned by Narendra Modi? Is it possible to replicate even this limited success story at the national level – as Modi’s starry eyed upper and middle class following would like to believe? More significantly: what are the implications of Gujarat’s Development Model in terms of its sustainability and its desirability? What happens when we assess this development through a set of comprehensive   measures, judge its implication for the average citizen’s material wellbeing, and see what it means for the political and economic rights of citizens?

The study proceeds through a meticulous examination of existing official data sources on investment, infrastructure, agriculture, manufacturing , employment, poverty , inequality, education and health expenditures and a set of other indicators of development.  These are then used to explain various developmental outcomes in the state in relation to national averages and the performance of other states which have also experienced high growth rates recently, such as Maharashtra, Haryana and Tamilnadu. Atul Sood’s cogently argued and insightful introduction brings together the different strands of the study, weaving the detailed findings into a coherent narrative. The picture that emerges interrogates both the normative implications of the ‘Gujarat development model’, and offers a powerful critique of its actual performance even judged in terms of its own self projections.

Unsurprisingly there is little that is new in Gujarat’s developmental model.  Its market led growth operates within the new-liberal paradigm that has for some decades been touted by the IMF, World Bank and inc as the panacea for all ills in developing countries. It is a frame that has been widely contested, critiqued and discredited for its abysmal failure in bringing in sustainable, equitable and participatory growth within the developing world. In fact, the paradigm has been held responsible for inducing and aggravating the enormous difficulties faced by many of the developing countries.  As the analysis in the book confirms, the ‘Gujarat Development Model’ is nothing more than a fervent adaptation and implementation of this chosen path favoured by the Indian state itself since the mid-1980s.  Hence, along with the imminent candidature of Narendra Modi as BJP’s prime ministerial nominee, the celebration of this developmental model by India Inc assumes omnious significance .

An Investment Fatigue?

The initial chapters by Ruchika Rani, Santosh Kumar Das, Pankaj Vashist and Gaurav Arya explore various aspects of Gujarat’s  GDP growth, investment flows and infrastructure development. While  Gujarat’s average  GDP growth rates in the past decade are higher than the national average and slightly above those of other high performing states, the gap has been narrowing overtime, which also coincides with an ‘investment fatigue’ that has set in recently. Since Gujarat’s infrastructure is not markedly different from other industrially competitive states, the substantial difference in investment levels is frequently attributed to the ‘investor friendly governance structure’. For instance, the biannual ‘Vibrant Gujarat Global Investors Summit’ is often highlighted as an example of the state’s proactive role in promoting investment. However its success seems to be waning in recent years. Out of the total MOU’s signed under these successive summits, the share of projects implemented and under implementation have continuously declined from about 73 % in 2003 to 13% in 2011. Moreover, the state’s share in investment intentions in terms of IEMs ( Industrial Entrepreneur Memorandum), letters of intent (LOIs )and Direct Investment Licences (DILs) has declined from early 20’s in percentage in  2005 to less than 10 % in 2011.  A slowdown in overall investment climate, saturation of best investment opportunities and a more realistic assessment of the ‘efficiency’ of the state administration – are all posited by Sood as the possible explanations behind this decline in both investment and output growth in the most recent years. So the sustainability of even the much vaunted higher growth rates and investment flows has increasingly become suspect. To put it another way: the investors are also suspicious of the sustainability of returns.

Whose developmental vision is it anyway?

Far more damning is what the book reveals about the growth story itself.  It shows how the state renounces any responsibility of ensuring growth with equity when it relies entirely on the play of the market forces and on private investors to meet its development needs. As Sood points out, In Gujarat this has entailed that the investor is no longer just the source for resources but the one who determines the priorities of  development and this has had serious consequences for the sustainability and distributive justice of the entire growth process. The path of growth, its trajectory, is not defined by the state, or any planning body of economists; it is decided by investors, financial institutions, and corporate firms. The book shows how the economy of Gujrat has been given over to the corporates. They invest in it and they also sing all the praises of the development model.                                  

37% of the total investment in Gujarat in the last two and a half decades has been in infrastructure development. The state’s infrastructure development strategy involves two basic components: 1)promoting private intergrated investment to develop ports, rail, road and power sectors and 2) developing large enclaves for industrial and service sector growth as ‘greenfield sites’ with world class infrastructure.  In all cases this is sought to be done through massive concessions, rebates, subsidies and even direct handing over of financial control over revenues to attract the private sector.  These include initiatives like the Investor Support Systems (ISS), the Public Private partnership (PPP) model, establishment of Special Economic Zones (SEZs) and Special Investment Regions (SIRs) to create ‘world class infrastructure’  and several mega projects (units with minimal investment of 1000 crores in core industrial sectors and 5000 crores in infrastructure projects). The 2009 industrial policy of the Gujarat state locates these initiatives within a larger central government framework to create Delhi-Mumbai Industrial Corridor (DMIC), utilizing its coastal proximity and geographical location within this project.  The DMIC plan itself is full of references to setting up industrial areas and infrastructure in Greenfield sites at Dhar, Pune, Alwar, Surat, Rewari and Muzzafarnagar and is integral to Gujarat’s own infrastructure and development strategy.

So what’s the big problem over here? – the same as with all such green field projects which instead of strengthening infrastructure where it is needed , prefer to establish development  enclaves  neglecting existing human habitations, with serious implications for equity and huge environmental and human costs. For instance, the DMIC plan on groundwater indicates that Gujarat would have to allocate water for industrial uses by diverting water away from irrigation and domestic purposes. Further, the plan envisages migration figures of 94 million workers by 2039. But nowhere in its sweeping grandeur does the plan state how the consequent multiplication of urban demand for scarce water and other resources would be met, how would the water be distributed and who would pay the price ? But the answers are not difficult to guess.

In implementing this development strategy Gujarat has sought private investment across the board. Key sectors – traditionally held to be the preserve of the state – such as ports, roads, rail and power have been handed over to corporate capital. This has meant, inevitably, that the government has abdicated all decision making powers, as well as functional and financial control over such projects. Nowhere else in the country has this abdication of responsibility been so total, nowhere else has the state given over the economy so entirely to the corporates and private investors. For instance, the BOOT (Build Own Operate Transfer) policy initiative for port development involves royalty holidays instead of revenue sharing, permission to investors to adjust royalty against capital costs, freedom to developers to collect charges and tolls, land acquisition for private investors, 30 year window to make profits, special arrangements of forward linkages to private consortiums and SIRs and so on. The policy   restricts  the role of government to minimum and allows complete operational and tariff freedom to the investor. Not surprisingly, Gujarat leads the country in terms of private investment flows in projects implemented and underway for port development. Private initiative is similarly promoted in case of development of roads and railways under the PPP mode. Most of the investment in expanding the communication networks has gone into  improving access of new ports, SEZ’s and SIR’s falling in rural areas, with most connectivity gains from the vantage point of human habitations coming from Central funds (under PGSY). Similarly the upgrading of 630 km of rail tracks from narrow gauge to broad gauge has also meant improved rail connectivity to ports.

Again in the case of the power sector, huge concessions in terms of tariff and transfer of operational control to private sector through legislative changes has resulted in substantive private investments in power plants and a 34% increase in overall power generation. But this has been achieved largely through an increase in the capacity of private captive power plants for industrial use. The power tariff structure also favors commercial and industrial use over agriculture when compared with national averages. Thus, as Sood points out:

“Road and rail expansion is less focused on increasing access of human settlements  but more about improving and strengthening access to SEZ’s and minor ports… In addition the private investment in infrastructure is dovetailed and integrated with the industrial corridor, which in itself is suspect in terms of gains it will bring to the local people and its implications for groundwater in water scarce regions… Gujarat seems to have internalized the two falsehoods mentioned earlier, to turn to private sector for addressing infrastructure and second to give preference to ‘Greenfield sites’ rather than address the aggregative challenges of infrastructure inadequacy.”

Of Corporate Agriculture, Landgrabs and Capital Intensive Manufacturing

And rife in this story is the speculation in land fuelled by legislative changes brought about ostensibly to promote infrastructural and agricultural development. Sucharita Sen and Chinmoyee Malik’s chapters map the increasing emphasis on corporatization of agriculture which has made agriculture a highly profitable activity with an average growth two-and-a-half times faster than the national average. Improved market access, technological dissemination, infrastructure development and a filip from the growth in other areas, have all contributed to this growth. However its distributive effects largely depend on land ownership and land use patterns and small farmer participation in high growth crops.  It also comes with crop specific and area specific challenges thrown in by a growth driven by privatization and liberalization of agricultural procurement, pricing and marketisation policies. There has been a shift in cropping patterns away from food to non-food and high value crops in terms of acreage, output and value. Data on land allocation and farmer participation reveals that cotton cultivation and high value crops have benefited large farmers disproportionately. If we look at farmer groups by land size, in Gujrat, the number of households of the smallest farmer group has increased, but not the acreage they control, while the largest farmer groups have gained in acreage, indicating worsening inequalities. This is contrary to the trend at the all-India level. The position of STs and SCs has also deteriorated overall except in case of SCs in the highest income size class leading to a rise in intra-caste inequalities within the latter. While incidence of landlessness has reduced overall (though starting from a much higher initial base as compared to national averages), it has increased in tribal areas ( in particular in Panchmalal, Dahod and Dang regions ). These also happen to be the most underdeveloped regions in the state lying largely outside the loop of the recent agricultural growth.

These changes could be indicative of worse times ahead given the recent modifications and amendments in land legislation. The rise in overall profitability of agriculture comes with a shift in land policy from ideas of ‘ Land to the tiller’ (a legacy of the post-independence era uptil the days of the KHAM alliance) to those of ‘land de-regulation and liberalization’ over the past two decades. As has been widely documented, even the earlier phase of land reform policies (land ceilings, surplus distribution etc) had come in Gujarat with measures like a complete ban on tenancy which led to the middle peasantry benefitting at the cost of lower peasantry and dalit farmers. Progressive measures over time, such as the Jinabhai Darji Commision suggestions through a KHAM alliance initiative in the early 1980s, never took off in the state. Now, with rapid upward mobility of the same peasantry in this story of privatization and liberalisation, the stakes in land have risen and legislative changes relating to land use which began under BJP-Janata alliance reflect the changing power dynamics and new ground realities (this includes the lifting of the 8-kms ban on land purchase and allowing non-local, non-farming groups to enter the rural land market). These have been brought in under the pressure of the rich farmer/agro-industrialist lobbies – who wanted speculative gains from land markets in the Narmada Valley Projects’ proposed command area – and the demands of builder lobbies for land for non-agricultural purposes. The policy shifts were consolidated and further strengthened under Modi’s regime by 2005. Legislative measures under his regime also facilitated the transfer of village commons and wastelands for private use, displacing marginalized communities who lost their de facto and de jure rights over pastoral lands. As sociologist M. Levein points out, the idea of Greenfield sites combined with the privatization of land within the SEZs, has together been responsible everywhere for ‘a thinly guised land grab for urbanization by the private sector’. Nowhere has this been more manifest than in the case of Gujarat.

If we turn to the experience of industrialization we have another story of skewed development. As the chapter by Sangeeta Ghosh brings out, manufacturing also witnessed high growth rates in Gujarat. In recent decades, the share of manufacturing within the Gross State Domestic Product (GSDP), has been higher in Gujarat when compared to national averages as well as other high performing states. Yet at the same time, if we look at employment, the picture is the reverse. In Gujarat the share of the manufacturing sector within total employment is below the national average and has been declining rapidly overtime. Growth has been highly capital intensive in nature and concentrated in some sectors, incomes and regions. It favours the more developed regions and has weak backward and forward linkages between the unorganized and the organized sectors. There has been a shift away from the employment generating textile sector to refined petroleum, petrochemicals, chemical, metal and fabricated products marked by very high capital intensities.  This shrinks opportunities for ancillarization and sub-contracting and has also raised serious concerns about its environmental impact. Significantly, this growth trajectory links well with the infrastructure story in several ways. For instance, the need for proximity of well developed ports helps in the case of petroleum and chemical industries given their high import content, and surplus power generation the state fosters comes in handy for  the highly energy intensive metal related industries.

So the story of corporatization of agriculture and the growth of selective capital intensive manufacturing completes the loop of Gujarat’s recent growth experience. Along with the tale of ports, roads, rail and power, this turns out to be a fable ‘of the private investor, by the private investor and for the private investor’. What about the average citizen then? And where do the workers, the underclass, the poor, the tribals and other minority groups figure in this haven for investors?

On Jobless Growth, Widening Inequalities and Social Exclusion

As it turns out, their story is integral to understanding the missing pieces of this puzzle.  To begin with, the chapter by Ruchika Rani and Kalaiyarasan map the stagnant and socially discriminatory employment conditions that persist in this period of high output growth.  There has been a significant mismatch between sources of income and employment leading to low employment elasticities of output and ‘jobless growth’. Employment growth in manufacturing and services turned negative in the last 5 years. Whatever growth in employment occurred in the last decade was largely in the category of casual- and self-employment indicative of rising informalisation. There were sharp regional differences in employment outcomes with rural Gujarat experiencing negative growth rates in the last five years.  Employment was also unevenly spread across social groups and minorities. Upper caste hindus and a small proportion of SCs had a proportionately large share in regular employment within manufacturing and services, with most of the rise for SCs in services being in casual employment. Meanwhile OBC’s, Muslims , other minorities experienced a shift towards traditional sectors when growth was located in modern capitalist structure, indicating a stagnation and even a worsening of their employment conditions. The share of STs in Industrial employment had risen in the earlier decade, but it declined rapidly in the last five years. This decline was absorbed by the agricultural sector at a time when growth was shifting to the Industrial sector, indicating possibly ‘distress migration’ to agriculture.

Where measures of income, poverty and inequality are concerned, despite its spectacular growth, Gujarat’s performance has been average as compared to national averages and it lags behind competing states like Tamilnadu, Maharashtra and Haryana on different counts. Certain features stand out in the chapter by Nidhi Mittal who maps the changes in average per capita consumption expenditure, and calculates the Gini coefficient and headcount ratios for Gujarat. First, the earlier decade 1993 to 2004-05 compared better than the last five years of the decade ending 2010, and these were the years when Narendra Modi’s  ‘growth and development’ agenda was unleashed fully. Second, urban inequality has risen much more at a time when most of the rise in growth rates and per capita expenditure is located in urban areas.  This implies opposing trends in terms of rise in consumption levels and rise in inequalities of income in areas of high growth, questioning the dynamics of the recent growth process itself.

This assumes further significance given the increasing gap in average consumption levels between Hindus and Muslims over 2005-10 in urban areas. Also while urban poverty levels for Muslims stagnated, those for Hindus declined by around 4 percentage points. Again, while per capita expenditure grew by 2.5 % p.a in the last five years, the increase for STs was a mere 0.14%, with an exponential widening of gap in growth rates of per capita income levels between STs and the rest. In urban areas poverty has increased for both SCs and STs while rural poverty has declined.  However the extent of poverty for STs in rural areas is still two-and-a-half times higher as compared to others . While overall poverty for SCs as a group has declined and they seemed to have gained more than STs, intra group inequalities within SCs have again risen substantially.

Privatising Health and Education the Gujarat Way

Change in the quality of life is always indicative of the nature of economic development. Nowhere is this reflected more clearly than in the case of improvements in health and education, as brought out in the chapters by Sourindra Ghosh and Sandeep Sharma. As Sood points out , these estimates are significant in their ability to  capture the influence of a wide array of factors such as quality of food and water, the quality of housing and clothing, ability to earn livelihoods, household decision making, social and health outcomes in any population group. Not surprisingly, in keeping with the larger development vision, the roots of Gujarat’s experience lie in an unswerving faith on the private sector even in these areas where today even ardent advocates of free markets would tread with care.  Accordingly, the share of expenditure in development, health and education in total NSDP has been falling continuously over the past decades. This is also reflected in lower access to and utilization of government services and a move towards private service providers with rising per capita health and education expenditures.

In terms of aggregate health parameters – such as Infant Mortality Rates (IMRs), male and female life expectancy, vaccination and antenatal care –  Gujarat has experienced very average performances vis-a-vis national estimates. In most cases it compares unfavorably with other high growth states such as Tamilnadu, Haryana, Maharashtra over the past decade despite leading them in terms of growth in per capita GDP. What is worrying is that it lags behind even national averages in IMRs and under-five mortality, as well as in the mortality rates for women and people in rural areas. This obviously affects poorer sections disproportionately and social disparity in health has had a more regressive impact on health indicators for the marginalized, in particular the STs.

Again where education is concerned, average figures do not tell the full story. The figures for average literacy levels in Gujarat are higher than the national average.  But its ranking in terms of literacy levels has deteriorated between 1999-00 and 20007-08, and fewer children in the age group of  6-14 attend school in Gujarat than the numbers suggested by the national average.  For the same age groups – i.e  for above primary and secondary school education –  the access of women, SCs, STs, Muslims and other minorities is again lower than the national averages, and markedly behind those of comparable states. While Gujarat has experienced higher rates of decline in share of state expenditure on education than national averages, the proportion of people dependent on government aided and government and local bodies run institutions is higher or the same, much more so in rural areas, indicating that the far costlier private-sector-run institutions were unable to substitute the educational needs of people at large. This brings out a clear mismatch in government’s policy to rely on and encourage unaided private sector in education and the people’s capacity to afford the same.

Economics of Growth and the Political Culture of authoritarianism

So what does the Gujarat Model have to offer to the people of Gujarat and the country at large ? To begin with, Gujarat’s success story is crucially linked to its history, its people’s entrepreneurial skills, its farmers, its globally recognized and gifted artisans and the legacy of a social reform and cooperative movement which wove together many of these strengths within its social fabric. This history along with a favorable geographical location provided a strong base for the recent growth experience in terms of human capital, social infrastructure and natural advantages. On its own terms, it remains questionable if even this limited success achieved could be replicated or extended as a ‘growth model’, and whether the policy assumption ‘one size fits all’ can offer solutions to problems of the rest of India, with its regional specificities, and the diversity of the historical growth trajectories which exist elsewhere. This is something Modi’s urban middle-class following seems blissfully unaware of in its mooting for the ‘new messiah’ of development on the horizon.  Especially at a time when even the future trajectory of this story itself is in serious doubt, given that most recent estimates suggest a petering out of existing growth rates and the setting in of an investment inertia.

More significantly, as Sood points out, even this limited success story is questionable in terms of its desirability for Gujarat’s own development trajectory. The painstaking analysis in the book reveals how the regime of governance unleashed in the last decade has at its heart an unabashed dependence on the private sector, and state support and policies prioritizing growth in infrastructure and investment aimed at strengthening the requirements and profitability of the private investor. The developmental model has meant neglect of human habitations and needs of ordinary citizens in improving access through rail, ports, road for Industry, SIRs, SEZ’s; promotion of selective and capital intensive manufacturing  growth; jobless growth and falling share of wages in total income; corporatization of agriculture, neglect of small farmer and privatization of village commons; legislative changes in land-use norms reinforcing speculation in land; neglect of public policy and expenditure and a misplaced dependence on private initiative to even address inadequacies in social infrastructure. All of which is manifest in deeply exclusionary social and economic outcomes as reflected in extensive environmental degradation, widening regional disparities, neglect of the rural sector and increased marginalization of workers, women, STs, Muslims and minorities in social and economic outcomes within the state. The book then offers us a damning indictment of this path to development.

As Atul Sood concludes, the roots of these uneven outcomes lie in the ‘ neoliberal framework’ within which  this  development  trajectory itself is located, which ‘inherently negates the possibility of a level playing field.’    However, while the social and economic manifestations brought out in this study are the classic hallmarks of the ‘market led’ path to development , they have been renewed in the last decade in Gujarat with a zeal stamped all over by Narendra Modi’s authoritarian style of governance itself. In crucial ways it  represents a fundamental shift away from Gujarat’s own history of Gandhian humanism, liberal welfare programmes and democratic social engineering of the KHAM ( an experimental alliance between Kshatriyas, Harijans, Adivasis and Muslims in the 1980s) days.

It might be illustrative to conclude with a reference to the mention of industrial unrest in Sood’s introduction over here. Where workers are concerned, the state witnessed not merely jobless growth but also the lowest share of wage income in total income, one of the highest use of contract workers in organized manufacturing and rising trends of casualisation of workforce.  Not surprisingly, Gujarat topped the list as the  ‘worst state’ for labour unrest in the Economic Survey 2011, witnessing the maximum incidences of strikes, lockouts and other forms of unrest on various financial and disciplinary grounds (wage and allowances, bonus, personnel, discipline and violence) at a time when these were actually declining in the rest of the country. At the same time, investors and industrialists from  all over, be it Maruti or Tata, are vying with each other to shift their production  plants and activities to designated sites within Gujarat. Under such circumstances, an investment boom and Industry’s soaring confidence in Modi government’s ability to control any undue disturbance by establishing the ‘rule of law’ is indicative of the crucial link between the ‘Gujarat Development Model’ and, what some might see, as the totalitarian roots of Modi’s governance regime.

Parita Mukta has traced the genesis of this rule of law in Gujarat right from the times of resistance to development projects like Narmada Valley Project. She brings out how this acquired a distinct flavour with the invocation of the river goddess to reinforce the visions of grandeur and prosperity for the rich farmers and industrialists of the state in the preachings of RSS idealogues (“Worshipping Inequalities-Pro-Narmada Dam Movement” Economic and Political Weekly October 13, 1990)

During Narendra Modi’s regime, it has all come together as never before in a self fulfilling prophecy of an effective, pro- corporate, investor-friendly governance build on consolidating a ‘political culture of authoritarianism’, a ‘brash pride to demonstrate, brute force’, and a belief in  ‘worshipping inequalities’. This package is marketed to us via powerful media and advertising giants like APCO worldwide which counts dictators and global Investment firms as its clients. See for example Aditya Nigam on Spin Doctors and the Modi Make-over, and Binoy Prabhakar on how an American Lobbying Company markets Modi.

Gujarat’s development experience thus suggests the deep authoritarianism that made specific aspects of the recent growth experience possible is not so delinked from its fascist manifestations in spectacular forms of violence against religious minorities, scheduled castes and tribes and lower castes that the state has witnessed in its recent past.

Shipra Nigam is a Consultant Economist with Research and Information Systems (RIS) for Developing Countries

#RIP- Brave Peace Fighter who risked his life to save innocent muslims ,Someshwar Pandya, Sardarpura


Someshwar Pandya who risked his life to save poor and innocent Muslims from the murderous mobs of Patels at Sardarpura on 1.3.2002 passed away this morning. He also suffered a physical attack when he went to testify, to tell the Truth…

Pandya lost an eye and suffered grievous injury at the hands of people determined to prevent him from deposing before the Nanavati Commission.

Besna is on Friday May 24

http://www.rediff.com/news/2003/aug/06spec.htm

Down, but not Out!
Someshwar Pandya still wants to tell
the truth!

Last updated on: August 06, 2003 23:46 IST
Justice A S Anand, former Chief Justice of India [ Images ] and National Human Rights Commission Chairman, does not need to look far to justify his request to the Supreme Court to transfer the hearing of communal riots cases out of Gujarat.

The Supreme Court may want to consider Someshwar Pandya’s case.

Pandya lost an eye and suffered grievous injury at the hands of people determined to prevent him from deposing before the Nanavati Commission. It is a case where the communal violence that pitted Hindus against Muslims in Gujarat last year is now turning into a caste conflict, where liberal Hindus are being targeted for standing up against communal forces.

Someshwar Pandya is bed-ridden these days. The 65 year old was brutally attacked by hoodlums who wanted to defeat him in his purpose. But that is not easy. Someshwar Pandya may be down, but he is not out.He still wants to testify before the Nanavati Commission about the communal riots in Sardarpur, a small town near Mehsana, north Gujarat. The violence claimed 38 Muslim lives.

And there are many who do not want him to testify.A year ago, thugs attacked Pandya savagely. He survived, but lost an eye and suffered multiple fractures.

Pandya’s story began on March 1, 2002, a day when Sardarpur saw its worst communal riots. A huge mob surrounded a Muslim area and set it afire, killing 38 people. Pandya saw what happened. Sardarpur is among the four worst riot cases in Gujarat. The other three are the Naroda-Patiya killings, near Ahmedabad [ Images ], that claimed 89 lives; the Gulberg Society killings that claimed 42 lives in Ahmedabad, including that of former MP Ehsan Jafri; and the Best Bakery case in Vadodara that claimed 14 lives.

According to political analyst Achyut Yagnik, “Of all these cases, the process of justice is most weak in the Sardarpur case because the accused and victims are clearly divided on political and caste lines. That makes it difficult for the Muslim victims.” The investigation into the Sardarpur killings has been shabby. A K Sharma, the Superintendent of Police during the investigation, is considered close to Gujarat Chief Minister Narendra Modi [ Images]. During the Gujarat assembly election last December, the Election Commission shifted Sharma to another area.

Thirty-two people have been accused of the killing. The prime accused hail from Gujarat’s dominant Patel caste. The accused are currently out on bail. The fear is that the accused and/or their supporters will prevent witnesses from taking the stand before the Nanavati Commission.

Pandya is a leader of the Dalit community and a member of the Congress party. His neighbour Laxmanbhai recalls that the men who attacked Pandya did so without fear of being caught. The assailants attacked Pandya when he was sitting in the marketplace, reading a newspaper. He sustained more than 10 fractures and lost an eye.

His son Pravin, an unemployed labourer, told rediff.com, “My father helped the Muslims file a case against the Patels. He was punished for helping them. Goons from the neighbouring town attacked him.” Ashok Shrimali, a relative of Pandya and a social worker, alleged, “It’s jungle raj here. The police is not playing a neutral role. Thanks to the hawkers in the bazaar his (Pandya’s) life was saved.”

The Nanavati Commission of Inquiry, consisting of Justices G T Nanavati and K G Shah, has not yet held an inquiry into the Sardarpur case, but will start hearings soon. Besides the post-Godhra situation, there were other factors for the antipathy to Muslims in Sardarpur. The village, which over the years has traditionally supported the Congress, boasts a large population of Muslims with cultivable land, something not common in Gujarat. In much of Gujarat, the most fertile land is held by the Patidar caste (most of who bear the surname Patel) while the Dalits and Muslims work as labourers on the farms.

Moreover, most of the Dalits in Sardarpur are reasonably educated and began to challenge the Patel hegemony after  1981. Before 1980, Dalits were not allowed to conduct marriage processions while Dalit women in the village bazaar had to cover their heads. Pandya and other Dalits, with support from Muslims and the Congress party, defied such diktats, something that did not go down well with the Patels.

The caste cleavage acquired political affiliations with the Dalits and Muslims backing the Congress while the Patels veered towards the Bharatiya Janata Party [ Images ].

There is also an element of greed. In Sardarpur, most Muslims live in the heart of the town, in Darbargadh.  The real estate value of this area has shot up over the years, with many others eyeing it.

On March 1, 2002, when mobs attacked the Muslims, they encircled the entire area to prevent anyone from escaping the violence. A few Muslims sneaked into neighbouring Indira Garibnagar, where mostly Dalits live. The Dalits sheltered the Muslims.After the riots, when many Muslims fled Darbargadh and lived in camps, land sharks began to pressurize the Muslim residents not to return.

“A BJP leader visits Darbargadh often and tells the Muslims to sell their land,” claims Ashok Shrimali.Another villager said many Muslims have not been allowed to return to their farmland.

The atmosphere in Sardarpur is so communally charged that no Hindu lawyer was willing to take up the Muslims’ case, compelling the community to get a Muslim lawyer from another state. This lawyer has been given little support from the local police in marshalling his evidence.After the March 1, 2002, killings, Pandya went to the Vijapur police station nearby to file the First Information Report about the killing of 38 Muslims. Some people tried to stop him from doing so. “Uncle has said he will tell the Commission what he saw on March 1,” says Pandya’s relative Ashok Shrimali.Pandya was unavailable for comment as he is traveling for medical treatment.

 

http://www.dnaindia.com/india/1611465/report-2002-gujarat-riots-he-saved-100-lives-in-sardarpura

2002 Gujarat riots: He saved 100 lives in Sardarpura

Saturday, Nov 12, 2011, 15:40 IST | Place: Sardarpura | Agency: DNA

Someshwar Pandya, 78, who was deputy sarpanch of Sardarpura at the time of the 2002 riots, played a major role in saving at least 100 lives.

“I sat at the main market of the village everyday. Even when the mob burnt shops of Muslim traders a day after the Godhra carnage, I watched from afar,” relates Someshwar Pandya, 78, who was deputy sarpanch of Sardarpura at the time of the 2002 riots. Pandya, who now walks with a stick, played a major role in saving at least 100 lives. “I was not physically strong to save anybody by fighting with the angry mob. I was nearly 69 at that time. The mob was so angry that it was impossible to stop it or try to make the people understand right from wrong. If I had tried to stop anybody, I might have become their prey,” said Pandya recalling the black day of Sardarpura’s history.

Apart from the Shaikh community, other Muslim communities like Pathans, Memans and Mansuris also lived in the village. However, after the Shaikh Vas was destroyed on March 1, 2002, Memans and Mansuris left Sardarpura. Pathans are still living in the village. “There were around 150 families of Memans and Mansuris, but now they have left the village. Pandya saved lives of many people of these communities,” said Munsafkhan Pathan, witness of the riots in Sardarpura.

While the mob was moving around in the village, most of the members of those communities took refuge in Harijan Vas. Pandya, who belongs to a scheduled caste, was present there. “While the people gathered around the Vas, I was present there. Seeing me at the place, the mob dispersed fearing that I would become a witness to their actions.”

However, Pandya had to pay the price of his left eye, as he was also attacked later by the mob. “They attacked me and I lost eyesight in one eye because of injury.”But like many of the villagers of his age in Sardarpura, Pandya wants to forget everything and start afresh with communal harmony.  He said, “Now I don’t want to remember all those wounds, which are healing with time.”

http://teestasetalvad.blogspot.in/2012/03/insaf-ki-dagar-par-on-path-of-justice.html

Wednesday, March 7, 2012

Insaf Ki Dagar Par (On the Path of Justice)

by Dr Bindu Desai

 

Insaf Ki Dagar Par (On the Path of Justice)

Recalling the pogrom in Gujarat, February 2012

 

February 27th marked the tenth anniversary of the horrific events that followed the terrible fire in a train compartment near Godhra. The fire resulted in the tragic death of 59 ‘kar sevaks’, more than 100 were injured. They were returning from Ayodhya as part of a campaign to build a temple dedicated to Ram on the site where previously a Masjid had existed. In the next few days and weeks Gujarat witnessed carnage where thousands of individuals, mainly Muslim, were murdered, raped, looted, displaced, their homes ransacked, livelihood destroyed.

 

A number of organizations planned a Memorial for February 27th in Ahmedabad, Mumbai, Lucknow, Malegaon, Aligarh, Calicut, Delhi and Ayodhya-Faizabad. Teesta Setalvad asked me if I would attend the one at the Gulberg Society in Ahmedabad, where 68 people were murdered, their bodies allowed to smoulder for days. 28 are still listed as ‘missing’. I felt it a privilege to be part of such a memorial service. So come February 27th morning I left for Ahmedabad by the Shatabdi Express. Approaching the road on which Gulberg Society is located I could see the building from afar. I got down at a gate which was guarded by two policemen; they directed me to the main gate where some 30 policemen, a few with automatic weapons guns, stood by. A thought flashed through me: if only they had been there a decade ago and done their duty Gulberg Society would be peopled and full of life.

 

The society is L shaped. At the short arm of the L is a small bungalow. The long arm has a central path with many cottages on either side and two high rises of 3 stories. The central path was filled with people; many had come from villages affected by the pogrom. Their presence made the place appear less sinister. There were children whose energy was a refreshing balm to the somber reality of empty buildings, shattered windows and walls with burn marks.

Teesta was busy arranging events; I waved to her and embraced her. “Kem Che Deekra” I asked? She guided me to tables where I could leave my travel bag. I was keen to change into a sari, as I had worn a pair of slacks and a kurta for the train journey. I had a sari with me and had earlier inquired if I could change into it at the site. A Sayra Sandhi led me to the only room that afforded a bit of privacy. The police made way for us; one even carried my overnight case to the verandah. So helpful today when 10 years ago several of their colleagues had led the 20,000 strong mob into Gulberg and watched idly while acts of infamy were carried out, ah, police obey orders do they not? Sayra was dressed in a Gujrati style sari. As I introduced myself and told her I was a friend of Teesta’s, she said matter of factly:”Teestaben works very hard for us. My son died here”. Later I learnt that her brother-in-law, her sister-in-law, her niece were among those murdered.

The presence of loss was everywhere; neither the bright shining sun nor the exuberant bougainvillea could overcome this feeling. I sat in the shade and tried to absorb the reality of the place. No photograph captures the enduring sadness; the sheer inability to accept that in such a solid, pleasant airy place on a bustling road of a great city, scores of people could be burnt alive. My mind refused to accept that this could happen, and yet it did. Highly inflammable chemicals were used, the killing preplanned with precision. I looked up at shattered windows, empty doorways and overgrown grass.

There being numerous events recalling the carnage making for a long day, the organizers had provided everything one would need for the long day: Cold water jugs every 30 to 50 feet, bottles of water, endless cups of tea. The families of some survivors had cooked fresh snacks and sweets for those who had come to share their sorrow. Later in the evening 4 rounds of “dhoop” were carried through the grounds to ward off mosquitoes and insects. There were quite a lot of persons from the media, press and TV.

 

A statement was issued by Retired Mumbai High Court Judge Hosbet Suresh who had been one of 8 distinguished jurists, academics and activists forming the Concerned Citizen’s Tribunal that had investigated the Gujarat carnage in 2002. Teesta introduced me to the Justice. Clad in a Khadi kurta-pyjama one could not help being impressed by his down to earth-ness and transparent simplicity. He had spent 2 weeks in Gujarat for the Tribunal and felt that there could be no moving on till the wheels of Justice brought those responsible for these crimes to answer for their horrific deeds.

I was pleasantly surprised to meet Valjibhai Patel, a respected Dalit leader who I had met 2 decades ago. He told me that generally in a conflagration against Muslims he was able to save lives, here he said he was not able to, the police themselves had encouraged the mobs. He recounted the courage and bravery of a Dalit Someshwar Pandya who had managed to save 100 of 133 in Sardarpura and who was later beaten by BJP goons and lost an eye. Valjibhai was critical of the media which he characterized as irresponsible, at times publishing outright untruths. Taking action against the media is a tortuous process requiring a Police Inspector to agree that lies have been published, he explained. A Police Inspector, who agreed and moved the Government to take action, was transferred, the replacement said there was no case worth pursuing and the matter was dropped. Valjibhai looked fit and full of zest to continue his lifelong pursuit of justice and fairness for those marginalized and oppressed.

 

I met Trupti Shah and Rohit Prajapati, activists from Vadodara who had been involved in seeking justice for the many victims of this pogrom in their home city. Mallika Sarabhai came to affirm her solidarity with the victims. I went around the society and was shaken by what I saw. On a wall hung photographs of those killed, to name a few: Azar Dara Modi, whose family was at the site today, and who would have been 24 this year and upon whom the film Parzania is based; Ehsan Jafri, a former MP who was murdered most brutally whose widow, son and daughter were there; photos of Sayra’s family Mohammedhusen Salimbhai Sandhi, Jahangirbhai Noormohammed Sandhi. What tore at one’s heart was their faces, full of hope for what life might hold for them, hardest to bear with were those of children and babies….There were blanks for those missing or those whose family did not possess a photo of their loved one.

The building where Ehsan Jafri lived was visited by many to pay homage to the scores who perished in it. They had come seeking shelter and thinking his previous high office, as he was a former Member of Parliament, might offer protection. Nearby a toran fluttered with rectangular strips of paper on which people had written what they wished for, most wished for justice.

 

Close relatives addressed those present, among them Dara and Rupa Modi. It was difficult to hold back tears as individuals recounted how neighbours had turned against them. The afternoon sun gradually sank below the horizon. Suresh Mehta, former BJP Chief Minister came , saying it was his duty to come. A decade ago emotions had been allowed to rule, what had happened was wrong , he went on. I was honoured to meet R B Sreekumar, former Director General of Police(DGP) and at the time of the massacres Additional(Addl) DGP Intelligence Branch(IB). He has testified in detail, over 1000 pages he told me, of how the Modi government colluded in and encouraged the long reign of terror unleashed upon the Muslims of Gujarat. To meet Sreekumar was to meet a genuine hero. A man of dignity, forthright and taking his duties seriously, he invited the ire of the Chief Minister (CM) of Gujarat Narendra Modi. Sreekumar was transferred from Addl DGP IB to Police Reform, where as our police are so conscientious there was not much for him to do! Deprived of his pension on retirement he took the Gujarat Government to court and won his pension and his promotion to DGP. Sreekumar, very simply said his loyalty was to the Government of India and to the office of the Chief Minister, not to the person who happened to be CM. He felt those IAS and IPS officers who surround Modi nowadays are so afraid of him that they indulge in ‘anticipatory sycophancy’! How glad one is that Sreekumar is as upright as he is, how much better India would be if there were countless officials like him. His wife Rajlakshmi who sat next to him was unassuming and when I asked how she managed when they had no pension for 2 years, she smiled and said ‘I have to support Sreekumar; Teesta helped us with getting good lawyers to fight our case’.

 

Dusk saw the arrangements being made for Shubha Mudgal’s concert. I thought I should have a small snack as I expected to be at Gulberg till late at night and went to see where they were being distributed. I could not find the table and decided I would do without it. After a few minutes I saw a gentleman approach the empty chair near me with a plate of snacks in his hand. I asked him where he had got it. He replied “I’ll get you a plate if you hold this magazine for me.” I did so, he returned and sat on the chair beside me. I leaned over to introduce myself and shake his hand. “I am Bindu Desai” I said, “I am Tanvir Jafri” he replied, I gripped his hand strongly, lowered my eyes and winced. He nodded implying that he understood I was trying to convey how deeply I regretted what had been done to his family. We were silent for a few minutes. He now lives with his mother Zakia in Surat. “I cannot live in Ahmedabad now” he said in a soft voice. His sister Nishrin who lives in the USA came by and remarked how good it was for her mother to have so many survivors come and sit by her and talk to her. One marvels at how this family can maintain their equanimity after the gruesome way in which their father Ehsan Jafri was killed.

 

Shiv Vishwanathan, who had written the latest issue of Communalism Combat: 2002-2012: The Gujarat Genocide TEN YEARS LATER, was as he has been in his writings witty, scholarly and deeply committed to getting Justice for the victims. Shiv and his students provided the audio-visual back up for the meet. The stage for Shubha Mudgal was ready on the terrace of the L end of Gulberg Society. Candles were lit by young and old and their flickering light reminded me of Mahatma Gandhi’s words:

“In the midst of darkness light persists,

In the midst of untruth truth persists

I n the midst of death life persists,”

 

Tridip Suhrud introduced Shubha Mudgal and her words before the concert set the tone for what followed. Shubha first acknowledged her accompanying musicians Aneesh Pradhan on the tabla, Sudhir Nayak on the harmonium. She began by apologizing for coming so late to the struggle for Justice and said that what she would sing today was not an entertainment but a tribute and a recall of what religion and a citizen’s sense of security should be. Her voice rang through the air, the crescent moon and an occasional star shining down, witness to our crimes, perhaps wondering how a decade later such an exquisite voice could fill the air of so sad a place. She sang of Mazhab as love, of, an individual perplexed at being singled out by fate, of the gnawing pain and grief of losing loved ones…..

I have been to Hiroshima and Auschwitz. Both conveyed their own particular horror and unsettling and painful as they were, Gulberg society was wrenching. Though the US has never meaningfully apologized for its barbaric acts, Germany has admitted its crimes and provided reparation. Official Gujarat has shown no remorse, the larger society has reelected the instigator twice and admires him. But a decade later the struggle goes on. It is awesome to behold the determination of 540 witnesses, a lot of them women, who have been given armed protection ordered by the Supreme Court of India, not to give up, to pursue the matter diligently and persistently till those guilty are punished for their crimes. The overwhelming force that drives them is to ensure that other sisters, widows and mothers do not have to endure what they have had to.

 

Over 3000 thousand people had come to Gulberg Society to pay their respects to the dead and missing and to offer such comfort as they might to those whose grief is bottomless.

May Justice be done and soon.

 

On The Social Fabric In Narendra Modi’s Gujarat


18 May 2013  By Shivam Vij

Narendra Modi; Pic Courtesy: in.com

Narendra Modi’s phenomenal success story is indeed very interesting; how he shaped his political victories based on to ‘the aam aadmi’ welfare concept is the real catch. Secular intellectuals of our country however blame him for creating an inhuman divide between Hindus and Muslims in Gujarat. There are many such things on which NaMo gets cornered!

This is an excerpt from the chapter, ‘The Enemy Within’ in NIIANJAN MUKHOPADHYAY’s book,Narendra Modi: The Man, The Times.

From the label of “Master Divider” in India Today in January 2003 to the tag of “The Great Polariser” in the Outlook in July 2012 – Narendra Modi’s image remained static: self-declared champion of one community of people. But the strain Gujarat faced in the course of his tenure has increased manifold.

Wherever I travelled in Gujarat, there was a clear distinction between “us” and “them”. This difference was articulated by several Hindus every time the conversation veered in this direction. In contrast, counterparts among Muslims denied this. The disagreement with the hypothesis stemmed not from a belief and perception that they faced no discrimination but because of a “fear” that accepting such a viewpoint could be interpreted as levelling an allegation that they were being targeted – a risk no Muslim is willing to take after the post-Godhra violence.

The ever-widening gulf that exists amongst Hindus and Muslims at a social level was unmistakable in two places: first, in Bhuj, the headquarters of Kutch district and the epicentre of the 2001 earthquake that actually began the Modi-era in Gujarat’s narrative. The second place where the tattered social fabric of Gujarat becomes evident is in an outgrown village nearly twenty-five kms away from the heart of Ahmedabad – the spiritual headquarters of a community of people who belong to the Pirana sect.

In Bhuj we are in the office of Kutchmitra - the largest selling Gujarati paper in the district. A reporter who requests anonymity, mentions that Muslims in cities and towns of Kutch no longer cook non-vegetarian food at home. Instead, they go to a few Muslim-run restaurants in colonies where only people from their community live. This was done because of social pressure from Hindus. Kutch incidentally has the highest percentage of Muslims – twenty-one per cent – in the state.

The reporter continued his narrative on changed social customs in Kutch in the past decade: whenever there is a marriage in a Muslim family and they wish to invite Hindu business associates (there are no friends across communities- rishta sirf zaroorat ka hee hai – the relationship is purely need-based) – they make a special announcement in the wedding card. There will be a separate- and sanitized- dining hall for “Hindu guests” at the wedding reception.

The second place which testifies to the dramatic transformation of inter-community relationships in Gujarat in the aftermath of the post-Godhra violence is at the shrine in Pirana, on the outskirts of Ahmedabad, whose followers have ancestral roots in Kutch. This religious order was established almost five hundred years ago by Imam Shah, a deviant from Islam who has often been given the tag of a Sufi for want of another label. He set up the sect and initially drew followers from the community of Patels of Anjar Taluka in Kutch.

 

Narendra Modi: The Man, The Times by Nilanjan Mukhopadhyay; Tranquebar Press

The temporal head of Satyapanthis – as the followers were named – fused practices of Islam with Hindu traditions and evolved a code of his own. The Patels integrated with Muslim followers (Syeds) of Imam Shah who ran his religious order on democratic lines with a governing council taking all key decisions. The council consisted of ten people — seven Patels and three Syeds and the successors of Imam Shah (called Kaka) were selected by mutual consultation over the past five centuries.

Soon, the Satyapanthis — like several other communities emerged as a small little third religious group, distinct from Hindus and Muslims. The outsider status of Satyapanthis started coming under strain from the late 1980s due to several reasons: growing sentiment among Patel followers and the then Kaka to give a greater “Hindu-thrust” to the sect and convert each member into a “political Hindu” being the most significant one. Called a dargah till then, the shrine came to be frequently referred to as a temple — deifying Shri Nishkalanki Narayan Bhagwan. The tombs which lay scattered around the shrine were one-by-one adorned with Hindu motifs. Rituals inside the sanctum sanctorum — the tomb of Imam Shah — acquired Hindu characteristics. In 1997, when I visited the shrine as part of a study on inter-community relations in Kutch, I still found Syeds among the regular devotees.

This was not the case in 2012 and a lot other than this had also changed. To begin with, the main gate of the dargah had been shut — which was a typical medieval structure and had a distinct influence of Islamic architecture. The entry to the shrine was now through a huge ornate gate, typical of temples with ample resources. The gate led into the main building of what was initially an adjunct but has now become the principal shrine. Inside the old dargah, barring the graves everything has a “Hindu look”. In the past decade, the Satyapanthis witnessed their gods being taken away.

The head of the governing council, the current Kaka got agitated with my probing questions – pertaining to the virtual disappearance of Syeds from the shrine and the reasons why the original main gate was closed. Syeds may have been virtually turned away from what used to be their shrine also till a decade ago, but their “presence” still causes problems — especially for Modi.

In September 2011, Modi launched a much-publicised officially-run campaign to promote social harmony. Called Sadbhavna Mission, the name was similar to programmes initiated by several Indian political leaders in the past with the intent of invoking secular-tokenism and have been accompanied by appropriate symbolism. But Modi did not make any gesture signalling public overtures to Muslims. The Sadbhavna Mission grabbed headlines after Modi’s refusal to accept a skull cap associated with Muslims though he accepted the shawl.

Media reports called the cleric a Sufi leader – Syed Imam Shahi Sayed. But, he is one of the deposed members of the governing council of Satyapanthis. Due to this deposition, Sayed now speaks more like a Muslim and less like a believer of a rebel-sect. He told journalists that ‘Modi’s refusal to accept the cap is not my insult but an insult to Islam.’ The contention of Vijay Rupani, BJP spokesman was similar to what Modi told me in an interview:

‘Narendra Modi has clearly said that his policy is not of appeasement of a section of society unlike other parties, but our approach is development for all and treating everyone as equal.’

In less than a decade and a half, Kutch has witnessed social stratification that will be difficult to undo. Similarly, the Pirana Dargah has lost its name, its spiritual pluralism and a large section of its followers who have tragically reverted back to the faith from where the founder branched out. Though the onset of these developments pre-dates the Modi era in Gujarat, it reached acute and probably irreversible levels of disconnect in his tenure coinciding with the period when the “us” and “they” have become more antagonistic.

When I had begun working on this biography I was painfully aware that the nascent schisms which I had witnessed in Gujarat in 1997 would have been brutally prised wider. The crudeness with which the divisions in the state were amplified, I was sure, would yield multiple narratives. To ensure that I did not stray from the narrative I was in search of — my own “Modinama”– I consciously decided to restrict my visit to only Pirana Dargah (as I still insisted on calling the place) and Kutch instead of travelling to other places in Gujarat known for spiritual diversity which includes Hindu folk deities.

*

One of the most emotive reasons behind the pillorying of the “other” by Hindus in Gujarat has been the sustained campaign advocating that “they” are swamping “us” — it was also the underlying sentiment of Modi’s Ame paanch, Amara pachhees (we are five and we have twenty-five) speech — that echoed the old argument of rabid Hindu communalists that “Muslims breed more”. But this claim is not consistent with census data based on religion from the pre-independence period. Religious demography of Gujarat is also available in post-independent India through the various decadal census reports.

According to this, the first census in 1951 pegged Gujarat’s Muslim population at 8.9 per cent. But in 1951, the state as we know was yet to be formed and a better representative figure would be 1961 which lowered the figure by half a point to 8.4 per cent. According to census data of 1971, 1981, 1991 and 2001 the percentage of Muslims in Gujarat remained more or less similar and touched 9.1 per cent in the latest headcount for which religion-wise data has been tabulated — an increase for sure but not dramatic or alarming by any yardsticks to merit propagation of myths regarding higher breeding rates among Muslims.

The “breed more” theory also gets knocked off by data presented by the committee appointed by Prime Minister Dr Manmohan Singh, to study the “social, economic and educational” status of Muslims in India. Called the Sachar Committee in popular parlance, it found that contraceptive prevalence rate among Muslim couples is almost equal to the overall state rate.

Among Christians there has been an increase of only 0.2 percentage points between 1991 and 2001, but it could be argued that in absolute terms the number is fairly high because of small numbers of Christians in the state. From a total number of almost eighty thousand Christians in 1951 the numbers had increased to more than two lakh eighty-four thousand in 2001. In absolute numbers, the data has been used as a handy tool to spread the campaign of hate and distrust with an aim to heighten paranoia.

The propagandist approach with use of distorted demographic data has often been used as a justification for anti-conversion laws in different states. Gujarat too joined the list of such states in 2003 with the Gujarat Freedom of Religion Act. The most contentious part of the law was that permission has to be sought from the local administration by any person wishing to either convert personally to another faith or act as the “convertor” by virtue of being a priest, maulvi or pandit. After being notified in 2008, the law was challenged in the High Court in March 2009 but though a notice was sent to the state government, there has been little progress towards hearing the plea filed by Gujarat United Christian Forum for Human Rights and some other petitioners.

The main basis on which the law has been challenged is that it violates Article 25 of the Indian Constitution which states that every citizen is ‘equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.’ The law virtually makes inter-religious marriages effectively impossible unless it has the consent of both families. But if a couple risks bravery, then there are always some people who are forever ready with “corrective steps.”

Gujaratis account for almost five per cent of the Indian population which Modi now keeps reminding everyone, adds up to six crores. With a Muslim population close to nine per cent it almost seems that Modi has to contend with more than five million people, the majority of whom by and large feel alienated from his government. I asked Modi about this, arguing that whether we like it not, Muslims and the issue of their existence cannot be brushed aside.

I contended that since there were a large numbers of Muslims in Gujarat it was necessary to include them in the state’s political evolution and growth. Or did he think they could be kept outside?

Modi of course said that he pursued an inclusive approach to politics but did not believe that there was need for any extra thrust for any group which according to him was “appeasement”. I asked him further if he felt that there was any need for him to invite people for dialogue if there was a sentiment of disgruntlement? His reply can be interpreted in several ways and he said: ‘I am always ready (for a dialogue). My doors were open… anyone can come, everyone is welcome, I am ready anytime, every time.’

But there are critics from within his fraternity who felt that Modi had not done enough to assuage the hurt of 2002. Govindacharya is one of them. I asked him about his assessment of the progression of social tension between 2002 and 2012. In reply, he said:

The situation has not eased – instead is similar to a wound which is bandaged – no healing. On the contrary, I have noticed that whenever society cannot find any solution there is a danger of a section slipping into a phase of melancholy. This is the opposite of the violent phase. I very often find Gujarat to be going through this phase of melancholy.

I wanted him to be more specific, which section of the society did he mean? He was unambiguous: Muslims. ‘This is the reason why they are not able to uplift themselves and are not able to contribute for the growth and development of Gujarat. Now I am not sure how this stagnancy will take a turn in the future – will it become a fodder or will it take a turn of assimilating tendency – there is a huge question mark on this. Unfortunately, I see no efforts being made to turn this into an assimilating tendency. All these Sadbhavna Yatras and other similar programmes are all varnishing efforts – they are not repair work.’

 

 

Obituary – Asghar Ali Engineer (1939-2013)


RIP Asghar Ali (1)

MAY 14, 2013

B_-_portrait.Ashgar_Ali_Engineer-Salzb05__c__RLA_Foundation__Ulrike_AltekruseAn obituary by ZAHIR JANMOHAMED: I first met Asghar Ali Engineer in January 2002 in Mumbai. I was a fellow with the America India Foundation and a few weeks later I would be posted to work with an NGO in Ahmedabad.

A few minutes before his presentation, I noticed him standing off to the side in silence, staring at the ground. I walked up and introduced myself. I was young, in my twenties, and I did not know what to say.

As-salaam alaikum,” I said.

“Wa-alaikum salaam,” he replied.

I am not sure what response I expected but I thought that perhaps because he and I share the same faith that we might have a special bond, that my greeting would spark a conversation. After all, I always thought phrases like these serve less as greeting and more as an announcement, as in, I am part of the same religion as you.

But Asghar saab just held my hand and then put his hand on his heart. “Nice to meet you,” he said, and then stared at the ground again in silence. I thought it was odd, rude even.

As I continued to meet Asghar saab, I realized that he had very little patience for superficial connections. I witnessed this when I saw him greet crowds after his lectures. If you told him you were from the same caste or city he would not be as excited as if you told him that you also believe that we must fight patriarchy with the same vigor that we must fight communalism.

What set him apart was his fearlessness, something he showed from a young age. He was born on March 10, 1939 in Salumbar, Rajasthan to a family of priests in the Bohra community and schooled in the traditional Islamic sciences like Qur’anic study (tafseer). Islamic schooling is often based on the idea that you should teach a child as much as he/she can digest and then later they will develop the intellect to question what they have learned. The idea, as Willim Chittick writes in his book The Sufi Path of Love, is that form precedes meaning. But Asghar saab began to question at a young age, at a time when he was told he should only be memorizing. Later he would become one of the first to question the transparency of the Bohra leadership, something completely unheard of during his time.

He was effective and very hard to argue with (as I learned first hand) because he was grounded in Islamic law. When an Islamic scholar would make an argument that a particular verse in the Qur’an supports denying a woman her rights, Asghar saab would draw on his extensive knowledge of the Qur’an to argue that that very verse means the antithesis.

Each time he spoke out, the more he isolated himself but this never bothered him. Part of what made him so unique was that he never saw himself as part of a community. He believed this was the surest way to stifle your voice. Be independent, he always told me.

After I witnessed the Gujarat riots, we met on a few occasions. But he never liked hearing my stories from Ahmedabad. It was not that he was not interested but he did not want it to rattle his core belief that humans are inclined towards goodness and reason, two things he saw lacking during the 2002 carnage.

We ended up growing apart because he was so ideal about India and religion that that idealism which I always saw as his virtue I began to see as his blind spot. But I always appreciated how he never gave up and more importantly, how he was always re-examining his beliefs.

The last time we corresponded was in 2005. It was a few months after Modi was denied a visa and I was active in Washington DC in raising awareness about Gujarat. But I was burned out and frustrated by my fellow Indian Americans who could not be bothered with what happens in India. What I wanted, I told him, was more support, more people to stand with me.

“You will not find many friends on this path,” he wrote to me.

It is these words and that image of him—standing off to the side, staring at the ground as when I first saw him—that I will always remember about him. Yes he was alone, as many are who push for change, but he was also something very unique and rare. He was his own person.

(Zahir Janmohamed is a writer in Ahmedabad.)

 

Press Release- Understanding Communal Mobilisation –Lessons from the Zakia Jafri Protest Petition


Press Release

May 7, 2013

The filing of the Zakia Jafri Protest Petition before the Magistrate on 15 April 2013 is a significant landmark in the sustained battle for the Rule of Law, Constitutional Governance and against communal forces and their vicious mobilisation within organs of the state and through unholy alliances with non-state actors. The petition, filed after a sustained battle to get a fair and transparent investigation against a chief minister, cabinet colleagues, senior administrators, policemen and front men and women of the RSS, VHP and Bajrang Dal will now make a strong case for charge sheeting of 59 accused.

Apart from the individual accused involved in this case, against whom a strong case for criminal culpability and administrative connivance and failure has been made out, the wider issues raised are critical to understand. Communal mobilisation precedes violence. It’s transformation into brute attacks against targeted sections of the population remain fundamental threats to the lasting security of all Indians, communal harmony and the secularisation of the Indian polity.

We believe therefore the wider issues raised through the Zakia Jafri Protest Petition are debated widely to ensure a greater understanding of such mobilisation and to build a resistance to the same in future. Only then can we collectively demand a transparent and accountable system of governance from our representatives and the parties that they represent. The entire text of the Protest Petition can be accessed at

http://www.cjponline.org/zakia/protpetition/Protest%20Petition%20PART%20I.pdf

http://www.cjponline.org/zakia/protpetition/Protest%20Petition%20PART%20II.pdf

Important Issues Raised in the Petition

  • Aggressive Mobilisation of Communal Forces and Response of State Agencies & Government Monitoring and Check on Hate Speech, Hate Writing, Pamphleteering
  • State and Government Response to a Tragedy like Godhra on 27 February 2002
  • Contemporaneous Records that Reveal Government Callousness or Indifference
  • Transparency in Summoning assistance from the Military /Paramilitary forces
  • Comparative Analysis of Districts & Commission records worst affected (15) and those that held their own (SPs/DMs refused to bow down to political masters)
  • Role of Whistleblowers in Pinning down Accountability
  • Role of Survivors/Activists/ Legal and Civil Rights Groups
  • Role of the Political Class
  • Role of Media

Build Up of Violence prior to 27.2.2002

The state intelligence records available to the state government and administration reveal that there was a systematic build up of aggressive communal mobilisation, hate speech etc even prior to February 27, 2003.These details are available in textual and tabular form in the Protest Petition. These provide significant pointers to the workings and operations of the State Intelligence Bureau (SIB) that is sending out warnings and the police administration, home ministry (headed by the chief minister) that is systematically ignoring them. This aspect needs to be understood by us to ensure that such warnings are heeded in future. Reference: Pages 193-202 of the Protest Petition & Paras 457 – 469 at Pages 204-209 of the Protest Petition.

Monitoring & Check on Hate Speech, Hate Writing and Pamphleteering

Responsible sections of the Gujarat administration, senior IPS officers who were on the field manning districts and controlling attempts to provoke violence there as also senior police officer like then ADGP (Intelligence) RB Sreekumar had strongly recommended action under Sections 153 a, 153 b of the PC against certain newspapers and publications that had consciously published provocative and incendiary material not based on facts. Action against pamphlets circulated by the VHP was also advised. However the government and its home department has, to date not taken any action that was recommended.

In fact the Amicus Curiae in the case Advocate Raju Ramachandran has himself recommended prosecution against the chief minister for violation of the law on hate speech. The Protest Petition deals at length on the deleterious impact of hate speech and hate writing and the inaction of the state government. The chief minister had in fact sent congratulatory letters to those Gujarati newspapers that had indulged in such incendiary writing and excluded from praise at least three publications (Prabhat and Gujarat Today) that had been responsible in reportage (Editor’s Guild Report).. Reference at Paras 126-153at Pages 72-85 of the Protest Petition & Para 234 at Page 116 of the Protest Petition

No Appeal for Calm, No Visit to Relief Camps, Discriminatory Behaviour

Quite apart from the infamous meeting on the night of February 27, 2002 about which facts have to be tested – through examination and cross-examination of witnesses during trial — the administration’s lackluster response to protection of lives and maintenance of peace following the Godhra tragedy is itself a testimony to a conspiracy in evidence.  There were no appeals for Restraint, Peace and Calm; No Preventive Arrests were made on February 27, 2002 despite the fact that violence had already broken out and the SIB was warning of widespread communal mobilisation; no issuing of Prohibitory Orders and declaration of Curfew except in Godhra town; worst, the government support to the bandh proved to be a cynical mechanism by which the streets were allowed to be taken over by rabid bands of the RSS-VHP and Bajrang Dal. The SIT has not thoroughly probed the deployment of army and paramilitary and not even examined independent witnesses like the Major in charge of Army Operations and KPS Gill sent in by the Centre.

Indicting Documentary Evidence Ignored

Evidence from Police Control Room (PCR) records submitted by then Commissioner of Police (2002), PC Pande to the SIT after 15.3.2011 reveal cynical and cold-blooded mobilization of RSS workers and VHP men at the Sola Civil hospital from 4 a.m. onwards on 28.2.2002 in aggressive anticipation for the arrival of the dead bodies. Repeated PCR messages, that the home department under Narendra Modi (A-1, who held the home portfolio) and PC Pande (A-21) were trying to conceal, show that both in Ahmedabad and in several locations all over Gujarat crowds were mobilized to aggressively parade bodies with bloodthirsty sloganeering, inciting mobs to attack innocent Muslims. The then joint police commissioner, Ahmedabad, Shivanand Jha, also an accused in the complaint (A-38), was jurisdictionally in charge of Sola Civil Hospital in Zone 1. As the messages extracted in the Protest Petition atPara 559 at Pages 244-247 of the Protest Petition show, repeated PCR messages desperately ask for bandobast; they speak of the staff and doctors of the hospital being under threat; of a 5,000-6,000 strong mob accompanying the bodies and finally one message also says that “riots have broken out.”

Yet the entire Home department under the chief minister and senior bureaucrats and policemen who had been neutralised including Chakravarti (A-25) and PC Pande (A-29) in collaboration with the SIT have strived hard to conceal this evidence. While such aggressive funeral processions were allowed in Ahmedabad, an equally explosive situation prevailed simultaneously in Khedbrahma, Vadodara, Modasa, Dahod, Anand etc. The PCR records, also reveal that while the Ahmedabad police under PC Pande and the home department under Modi and then MOS, home Gordhan Zadaphiya (A-5) had enough forces to escort a VHP leader known for his inciteful slogans, Acharya Giriraj Kishore, from the airport to the Sola Civil hospital to accompany the processionists, shouting filthy hate speeches and murderous slogans. But they did not have enough forces to send to Naroda Patiya where 96 persons were massacred in broad daylight, from 9 a.m. to 9 p.m. over several hours (according to the charge-sheet though actual figures may be higher). Similarly the daylight massacre of 69 persons at Gulberg society the same day was permitted by a callous administration (PC Pande did not step out of his office barely 1-2 kms away from Naroda and Gulberg; besides he was in close touch with the chief minister’s office (CMO) between 12 noon and 3.40 p.m. that coincided with the height of the violence. Modi allowing and openly supporting the bandh and neutralising his administration, decided to give the RSS, VHP, BD mobs a free run of the Gujarat streets to massacre innocents.

Warnings Ignored (from SIB and PCR messages)

From as early as 12:30 pm on the 27th February: An SIB officer through fax no 525 communicated to the headquarters that there were reports that some dead bodies would be brought to Kalupur Hospital station in Ahmedabad city. “So communal violence will occur in the city of Ahmedabad; so take preventive action.” Another SIB message numbered as Out/184/02 again warned about communal incidents if bodies were brought to Ahmedabad. “Communal violence will occur in the city. So take preventive action.”  The same message said that karsevaks had given explosive interviews to a TV station at Godhra and had threatened to unleash violence against the Muslims.

At 1:51 hours and again at 1:59 hours (early morning ) on the February 28, 2002, there were panic messages by wireless police vans positioned at Sola Hospital demanding immediate protection from Special Reserve Police platoons and the presence of DCP Zone 1.Message at 2:44 hours on 28.2.2002: the motor cavalcade has reached Sola Civil Hospital. Page No. 5790 of Annexure IV, File XIV reveals that at 04:00 am a mob comprising of 3,000 swayamsevaks, that is the members of the Rashtriya Swayamsevak Sangh (RSS), had already gathered at the Civil Sola Hospital. At 7.14 a.m. the PCR van again informs the Police Control Room that a large mob had assembled at the hospital. (Page 5796 of Annexure IV, File XIV of the documents). Again, another message three minutes later at 7:17 a.m. (Page 5797 of Annexure IV, File XIV of the documents) says that a mob of 500 people was holding up the traffic. Ten bodies were taken to Ramol, an area near Naroda and a massive funeral rally of over 5,000-6,000 mourners took the bodies to Hatkeshwar crematorium in the afternoon. At 11:55 am a PCR message is sent out saying that the Hindu mob had become violent and had set a vehicle on fire and was indulging in arson on the highway. Message at 11.55 a.m. on 28.2.2002 (Page No. 6162 Annexure IV File XV) saying that “Sayyed Saheb, the Protocol Officer had informed Sola-1 that riots have started at Sola civil hospital at the High Court where the dead bodies were brought.”Again, there is another message with no indication of time (Page No..6172 of 28.2.2002) that states that the officers and employees of the hospital had been surrounded by a 500 strong mob and they could not come out”. The message also made a demand for more security for the civil hospital at Sola. Annexure IV File XIV- Message No. 5907 and 5925 at 11:58 a.m. on 28.2.2002 shows that when 10 dead bodies were taken from Ramol Jantanagar to the Hatkeshwar cremation ground, a crowd of 5,000-6,000 persons accompanied this procession. On the morning of 28.2.2002, a SIB message (on page 258 of Annexure III File XIX, message No. Com/538/28/2/02) says that a funeral procession was allowed to take place at Khedbrahma, a town in Sabarkantha district. The message adds that soon after the funeral procession 2 Muslims on their way to Khedbrahma were stabbed and the situation had become very tense.

Firebrigade Neutralised

Throughout February 28, 2002 while fires were set all over Ahmedabad city, PCR records show that repeated calls from different areas to the Fire Brigade drew went answered. PCR records show that repeated distress calls to the Fire Brigade from different parts of Ahmedabad went unanswered. Reference – Para 827 at Pages 369-372 of the Protest Petition. This is further evidence of the deliberate neutralisation of the administration.

Comparative Violence

The Protest Petition also makes a systematic study of those districts where violence did not break out largely because of the men and women at the helm who refused to abet the wider conspiracy. For an effective understanding of whether the widespread and brutal and systemic violence in 14 of Gujarat’s 29 districts and commissionerates was on account of a pre-planned and systematic neutralistion of the preventive and protective Constitutional mechanisms, the SIT ought to have undertaken just such an exercise. Instead it willfully concealed from the Supreme Court of India the wealth of documentary evidence collected through the SIB (January 2010) and the PCR records of Ahmedabad city (post March 15 2011). Similar PCR data of other parts of Gujarat was deliberately not collected by the SIT.

The role of whistleblower policemen and administrators through the investigations and the past eleven and a half years has been significant. The affidavits and phone call CDs submitted by then SP Bhavnagar and DCP Crime Rahul Sharma have been critical. Today he is being consistently targeted with one chrage sheet and six notices being served on him. Former DGP RB Sreekumar who’s first four affidavits before the Nanavati- Shah Commission provided a thorough documentation of the functionings of the government at the time was also similarly victimised. Lastly Sanjiv Bhatt has also been targeted. Interestingly the evidence of all three whistleblowers has been given little credence by the SIT except when they in small measure support one or the other of SIT’s claims.

The Citizens for Justice and Peace has assisted complainant Zakia Ahsan Jafri in this legal battle. Both Mrs Jafri and her family and the CJP, especially its secretary and band of lawyers continue to carry on this legal battle at great personal risk. On May 1, 2013 the Magistrate that had heard the SIT arguments for six days since April 24, 2013, was transferred. By May 15, 2013, when the next Magistrate takes over, the day to day hearings in this matter are likely to resume.

We hope that this case that has a great significance for the control and containment of state sponsored communal violence is allowed to continue without interruption and delay.

Ram Rahman                                                   Teesta Setalvad

 

Ishrat Encounter case: CBI court orders arrest warrant against Gujarat top cop


Business Standard
Ahmedabad May 2, 2013 Last Updated at 20:14 IST

Special CBI Judge asked for the issuance of an arrest warrant for Pande, who has gone underground and is allegedly being protected by the state government

A special CBI court in Ahmedabad on Thursday ordered that an arrest warrant be issued against Additional Director General of Police (ADGP) P P Pande, who according to the central agency was involved in 2004 alleged fake encounter case of Ishrat Jahan and three others.

Special CBI Judge Gita Gopi agreeing with the demand of Central Bureau of Investigation (CBI), directed the Additional Chief Judicial Magistrate to issue an arrest warrant for Pande, who as per the central agency had gone underground and was being protected by the state government.

Last week CBI DySP and investigating officer of the encounter case G Kalaimani had filed a revision application challenging the order, dated April 25, of Additional Chief Judicial Magistrate (ACJM) of the CBI court which had rejected CBI’s demand for the issuance of arrest warrant for Additional DGP (Crime) Pande.

CBI, in its revision application had sought issuance of arrest warrant for Pande under section 73 of the CrPC (criminal Procedure Code), and claimed that the senior IPS officer was evading CBI and it has become necessary for the agency to seek court’s help.

Counsel for the CBI had told the court during arguments on the application that they had issued two summons, on April 22 and 24 respectively to Pande, but he had not responded to it.

When CBI went to his residence at Ahmedabad, his son refused to give information about Pande’s whereabouts and his official mobile phone was also not reachable, he had added.

CBI wants to interrogate Pande in connection with the Ishrat Jahan encounter case, but was not able to do so because the officer was not traceable. Therefore, it had approached the court seeking issuance of arrest warrant for Pande.

Pande, a 1980 batch IPS officer of Gujarat cadre, was Joint Police Commissioner of Ahmedabad crime branch, when on June 15, 2004, Ishrat Jahan along with Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in a police encounter on the outskirts of the city. After the encounter the crime branch officials had claimed that the four were terrorists and had come to Gujarat with a plan to assassinate Chief Minister Narendra Modi.

In December 2011 the Gujarat High Court handed over the investigation in the encounter to CBI after a special investigation team appointed by it concluded that the killing of Ishrat and three others was stage managed by Gujarat police. As many as five cops have been arrested so far in the case by the CBI.

 

Gujarat – Contours of a conspiracy


Frontline May, 2013

A protest petition filed by Zakia Jafri weaves together evidence, from contemporaneous phone and police control room records, pointing to the role of the powers that be in manipulating the Godhra incident to plan the violence against the Muslim community. By TEESTA SETALVAD

Criminal conspiracy under the law is defined as an agreement between at least two persons to commit one or more illegal acts or acts by illegal means. By its criminal intent, such a conspiracy is masterminded under a cloak of secrecy. When, and if, such a conspiracy involves a powerful, constitutionally elected head of a state, it is unlikely that the masterminding of such a series of dastardly criminal acts will be closely recorded (minuted).

The first, sharp indication that the series of acts of commission and omission by the Gujarat government under its Chief Minister in 2002, following the tragedy at Godhra, came in succinct terms from the former Chief Justice of India J.S. Verma, who was heading the National Human Rights Commission (NHRC): “The Commission would like to observe at this stage that it is the primary and inescapable responsibility of the State to protect the right to life, liberty, equality and dignity of all of those who constitute it. It is also the responsibility of the State to ensure that such rights are not violated either through overt acts, or through abetment or negligence. It is a clear and emerging principle of human rights jurisprudence that the State is responsible not only for the acts of its own agents, but also for the acts of non-State players acting within its jurisdiction. The State is, in addition, responsible for any inaction that may cause or facilitate the violation of human rights” (Interim and final reports, 2002). The NHRC was also scathing in its observations regarding the blatantly discriminatory governance displayed by the government of the day —differential rates of compensation and an obdurate refusal to visit the relief camps (1,68,000 persons were forcibly displaced because of the violence and arson) where innocent members of the minority community were housed, having been made to “pay” for the “heinous” crime at Godhra.

The report of the Concerned Citizens Tribunal (Crimes Against Humanity—Gujarat 2002), headed by Justices V.R. Krishna Iyer, P.B. Sawant and Hosbet Suresh, further detailed the gruesome conspiracy, making sharp and telling recommendations. While these reports were being documented, in parallel, chilling corroboration of the depth of the planning behind the perpetrated violence came from serving Indian Police Service (IPS) officers of the Gujarat government, former ASGP Intelligence R.B. Sreekumar, and S.P. Bhavnagar and DCP Crime Branch Rahul Sharma. They filed their affidavits before the Nanavati-Shah Commission within months of the violence. By 2004, when two of the criminal trials arising out of the state-perpetuated carnage, the Best Bakery and the Bilkees Bano cases, had been transferred out of Gujarat for trial, these officers had been examined by the Nanavati-Shah Commission, and Sharma had produced a CD of five lakh phone records that provided more evidence of complicity and planning behind the attacks.

All this material was put together in a criminal complaint by Zakia Ahsan Jafri, assisted by the Citizens for Justice and Peace (CJP), and sent to the by then Director General of Police (DGP) P.C. Pandey, an officer seriously indicted for connivance in allowing Ahmedabad to burn for weeks in 2002. He had been the happy recipient of a series of promotions by the man at the helm, the State’s Home Minister who was, and is, also the Chief Minister. Expectedly, this criminal complaint dated June 8, 2006, was treated with contempt, compelling Zakia Jafri and the CJP to petition the Gujarat High Court and later the Supreme Court of India for an order for the registration of a first information report (FIR) against the 60-plus accused. Today, arguments for and against charge-sheeting the 59 accused (two have since died, former Health and Law Minister Ashok Bhatt and Vishwa Hindu Parishad, or VHP, ideologue Prof. K.K. Shastri) have begun before a magistrate’s court in Ahmedabad.

Unique legal effort

The courts will adjudicate on a unique legal effort at pinning criminal and administrative culpability and responsibility on the political and administrative leadership and the frontrunners of non-state actors (from the Rashtriya Swayamsewak Sangh, or RSS, and the VHP) who were given the run of Gujarat’s streets. Between 2006, when the complaint was first sent to the DGP, Gujarat, to September 12, 2011, when the Supreme Court gave the complainants the right to approach a court in Ahmedabad, a detailed (if wanting) investigation was completed and, in criminal law terms, the stage was set for charge-sheeting some or all of the accused. In the interim, finding the high-profile Special Investigation Team (SIT) constituted by it wanting, the Supreme Court of India had on May 5, 2011, directed the amicus curiae in the case, Raju Ramachandran, to assess the evidence—he found enough material to prosecute accused number 1, the State’s Chief Minister, Narendra Modi, and at least three others. The SIT, in its final report filed on February 8, 2012, gave a clean chit to everyone.

Students of law and politics can learn much from a close study of this legal drama. Serious efforts at weaving together the threads of the sinister and massive conspiracy that had been alleged in the complaint were expected from such a high-profile SIT. From the start, however, the SIT deliberately set its bar low, preferring to look at only stray, discreet and superficial aspects alleged in the complaint, deliberately ignoring the import and consequences of a series of criminal and negligent acts and their impact. It ignored contemporaneous documentary evidence, the systematic use of instigative vitriol by the state and non-state accused, and rigidly refused to record statements of independent agencies like the officers of the Indian Army and Central intelligence who were privy to the consummate failures of the time.

It is no wonder then that it took the complainant, Zakia Jafri, a whole year after the final report was filed by the SIT on February 8, 2012, to get the Supreme Court to order full and complete access to all the documents and investigation reports, on February 7, 2013. The SIT did everything within in its power not just to give a clean chit to all the powerful accused but to deny the complainant her legal and moral right to access all investigation papers to facilitate and lend meaning and authority to a comprehensive protest petition.

Evidence of a cold-blooded conspiracy to manipulate the tragic Godhra incident—from the moment of the terrible news—has emerged. The petition weaves together evidence from an analysis of phone records, as also documentary contemporaneous records, and alleges that the conspiracy involved the Chief Minister, accused number 1, who was in close consultation with the then Health Minister Ashok Bhatt (accused no. 2), Urban Development Minister I.K. Jadeja (accused no. 3) and other co-accused Cabinet colleagues, and especially VHP leader Jaideep Patel (accused no. 21), to fully exploit the tragedy at Godhra for fuelling the meticulously planned massacre of Muslims all over Gujarat. The petition makes the following points:

Phone call records show that Narendra Modi was in close touch with Jaideep Patel immediately after information of the Godhra tragedy came in, even before he met Home Department officials and Ministers. Thereafter, there was a hasty and publicly conducted post-mortem at Godhra, out in the public against all law and procedure while a crowd of VHP workers was present. Narendra Modi was present while this happened. While passions were being so cynically stoked, another decision to hand over the bodies of Godhra victims to VHP strongman Jaideep Patel was taken at a mini Cabinet meeting presided over by the Chief Minister in Godhra, at which the co-accused Ministers were present. Jaideep Patel too was present at the meeting. Senior members of the administration and police were intimidated and neutralised. Other co-accused, the then Gujarat Director General of Police, K. Chakravarti (A-25), the then Police Commissioner, Ahmedabad, P.C. Pandey (A-29), the then additional Chief Secretary, Home, Ashok Narayan (A-28), and other key members of the bureaucracy and police were co-conspirators.

The SIT seems to have deliberately ignored the documentary evidence collected during the investigation. Key field reports from the State Intelligence Bureau (SIB) from all the districts were given to the SIT by January 2010, that is, a full three and a half months before the SIT submitted its first investigation report to the Supreme Court on May 12, 2010. These reports reveal a grim ground-level reality: gross provocations and bloodthirsty slogans by VHP workers from 4 p.m. onwards on the afternoon of February 27, 2002 (“Khoon ka badla khoon se lenge”, blood for blood) while Narendra Modi had still not left for Godhra. The late-night meeting at Narendra Modi’s residence effectively neutralised the police and the administration from doing its constitutional duty. The protest petition states that the credibility of the evidence relating to the critical February 27, 2002, meeting must be tested during trial and that it was not the job of the investigating agency to pre-judge the issue, acting like a court, overstepping its jurisdiction to protect and save the powerful accused. This is also what the amicus curiae, Raju Ramachandran, had opined.

Damning evidence

Evidence from the Police Control Room (PCR) records submitted by P.C. Pandey to the SIT after March 15, 2011 (that is, after the Supreme Court ordered the SIT to further investigate the complaint of Zakia Jafri dated June 8, 2006) reveals a cynical and cold-blooded mobilisation of RSS workers and VHP men at the Sola Civil Hospital from 4 a.m. onwards on February 28, 2002, in aggressive anticipation of the arrival of the dead bodies. Yet, both the SIT reports state that the funeral processions were peaceful. Repeated PCR messages, messages that the Home Department under Narendra Modi (A-1, who held the Home portfolio) and P.C. Pandey (A-21) were trying to conceal, show that both in Ahmedabad and in several locations all over Gujarat, crowds were mobilised to parade bodies with bloodthirsty sloganeering, inciting mobs to attack innocent Muslims. Repeated PCR messages desperately ask for bandobast; they speak of the staff and doctors of the hospital being under threat; of a 5,000-6,000-strong mob accompanying the bodies and, finally, one message also says that “riots have broken out”. Equally volatile mobilisations were allowed simultaneously at Khedbrahma, Vadodara, Modasa, Dahod, Anand, and so on. A cynical government under Narendra Modi and his co-accused have done their best to conceal this evidence. The SIT ignored such hard documentary evidence completely.

The PCR records also reveal that the Ahmedabad Police under P.C. Pandey and the Home Department under Narendra Modi and the then Minister of State, Home, Gordhan Zadaphiya (A-5) had enough forces to escort a VHP leader known for his inciteful slogans, Acharya Giriraj Kishore, from the airport to the Sola Civil Hospital to accompany the processionists. But they did not have enough forces to protect the hapless citizens of Naroda Patiya and Gulberg, where over 200 persons were massacred the same day. Narendra Modi allowed and openly supported the bandh during which RSS, VHP and Bajrang Dal mobs had a free run of the streets.

Judicially, the Modi government has received several reprimands, and even warnings, right from the 2004 Best Bakery case to the more recent findings of the higher courts, for its attitude towards the rebuilding of 297 masjids and durgahs wilfully destroyed in 2002. Yet, the same government which has received consistent and serious setbacks on issues relating to constitutional governance won three elections. A serious dilemma or battle between electoral and constitutional governance?

 

Gujarat HC notices to Tata Motors, Essar, L&T, GIFT city over land allotment


English: Wordmark of Essar. Trademarked by Essar.

 

English: Wordmark of Tata Motors

English: Wordmark of Tata Motors (Photo credit: Wikipedia)

 

S Reporter  |  Mumbai/ Ahmedabad  April 26, 2013 Last Updated at 20:30 IST

Alleges that the companies received favours from state govt; asks them to file replies on affidavit

 

Gujarat High Court on Friday issued notices to Tata Motors Ltd, Essar Steel Ltd, Larsen & Tubro (L&T) and Gujarat International Finance Tech (GIFT) City Company Limited while hearing separate public interest litigations (PILs) alleging that the companies received favours from state government.

A division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala while issuing notices have asked them to file replies on affidavit and have scheduled further hearing in June after the court vacation.

The PIL against Tata Motor Ltd (TML) alleges state government had violated policy by giving tax and financial reliefs against the VAT payable by the company. It has further claimed that government had wrongly disbursed over Rs 300 crore loan at 0.1 per cent payable after 20 years of TML’s Nano car plant operations. It said that state government’s move “is a deliberate action against the interest of public at large which is also beyond the purview of state government and also dehors the law.”

PIL has demanded cancellation of the loan given by state government to TML. It has further alleged that the company was “misusing and abusing the condition of the tax relief granted” to get soft loans from the state government. “Total sales of the NANO car are shown to have been made to a wholly owned subsidiary company of TML in state of Gujarat and later on cars are indirectly sold all over the country and other states of India by that wholly owned subsidiary company,” the PIL said, adding that the company manipulated sales figures to get more loan from government.

Meanwhile other PILs against L&T, Essar Steel Ltd and Gift City have claimed that the land allotment to the entities was done without following proper procedures, resulting in private companies getting undue benefits from the state government.

They have further claimed that government land was allotted to the companies at throw away prices without competitive bidding process, causing a loss crores of rupees to the state exchequer. The PILs have cited the latest report of the Comptroller and Auditor General (CAG) of India where these issues have been raised.

 

 

 

 

#India – Mother courage against #Narendramodi


Dileep Padgaonkar 
21 April 2013, 02:34 PM IST

Zakia Jafri deserves accolades for her grit and determination to get justice for her slain husband.

On April 24,  a magistrate in Ahmedabad will begin daily hearings on a petition filed by Zakia Jafri, widow of the slain Congress leader Ehsan Jafri, challenging the clean chit that the Special Investigation Team gave Narendra Modi’s for his alleged role in the Godhra and post-Godhra violence in 2002. She contends that the SIT overlooked masses of evidence – including dispatches filed by the intelligence department and detailed records of cell-phone calls made on Februray  28, the day on which her husband and 70 others were killed in the city’s Gulberg Society – to save the Gujarat chief minister’s skin.

The calls indicate that as soon as he was he informed about the burning of the train at Godhra, Modi contacted not his senior officials first but the secretary of the Gujarat unit of the VHP, Jaideep Patel, and asked him to go post-haste to the site of the gruesome incident. There Patel ensured that the bodies were handed over to him and not, as is the prevalent practice, to the next of kin. He then hauled them in trucks and, ignoring police warnings, orchestrated a procession of the bodies through the streets of Ahmedabad. This brazen attempt to provoke communal fury had the desired effect: death and destruction on a scale that shamed India.

The fact that the Supreme Court first allowed Zakia Jafri access to a truck-load of documents compiled by the SIT and also permitted her to file the petition was a clear indication that in the eyes of the apex court Modi is not entirely off the hook. That realization probably explains why he sought the death penalty for two individuals convicted for their actions during the riots: Maya Kodnani, who once served in his cabinet, and Babu Bajrangi, a VHP activist. But far from giving himself a freshly minted secular image, this move has triggered indignation in the ranks of Hindu right-wing groups, including the Shiv Sena. And it has further alienated him from his critics within the BJP, especially from L.K. Advani who had doted on Kodnani.

Nor has he succeeded  in detracting attention from Zakia Zafri’s petition. It should finally settle the matter one way or the other. Regardless of its outcome, however, the remarkable courage that this frail and elderly lady has shown over more than a decade to get to the bottom of the communal carnage must command respect and admiration. Despite repeated legal set-backs, she never wavered in her determination, nor did she once fear the consequences of defying the Gujarat strong-man.

No less significant is her undiminished faith in the judiciary. Time and again she has vowed to abide by its verdict once she exhausts all legal remedies available to her as a citizen of the republic. For a woman who has borne untold suffering, such faith is touching beyond words. And such grace and dignity under intolerable pressure is quite simply miraculous.

But tough times await Modi even if the magistrate hearing Zakia Jafri’s petition endorses the SIT’s conclusions. According to a report published in the Sunday Times of India, two senior police officers made numerous calls to the chief minister’s office during two encounters: one that killed Sohrabuddin Shaikh on 26 November 2005 and another that killed Tulsiram Prajapati on 28 December 2006. Modi’s minister of state at that time, Amit Shah, is an accused in these two cases. He was recently given a plum job in the highest echelons of the BJP.

Public pressure will now mount on the CBI to take cognisance of these calls – something that the investigation agency apparently failed to do even though it was in possession of the details. At some point or the other, the kin of the victims, or human rights organizations, or both, will petition the courts to order  a probe. Moreover, even those sections of the media that are enamoured of the Gujarat chief minister’s record in office – effective and clean governance, speedy economic growth, a no-nonsense attitude to security issues etc – will find it hard to ignore the ghost of Godhra that is certain to haunt him in the weeks and months ahead.

As it happens, these weeks and months are crucial for Modi to reinforce his claim that none other than he can lead the BJP-led NDA to rout the two-term, scam-ridden, indecisive UPA in the next general elections. The one who is best placed to thwart his prime ministerial ambitions is not Rahul Gandhi, nor Nitish Kumar nor even his detractors within his own party’s fold but Zakia Jafri. She has emerged as the Mother Courage of an India that abides by the letter and spirit of its Constitution and by the ethos of its pluralistic culture.

It is a pity that there is no such Mother Courage to expose the criminal shenanigans of the likes of Jagdish Tytler and many others who lost their lives in communal riots under the watch of the Congress and that of other self-appointed votaries of secularism for decades.  But that cannot detract attention from what the courts have in store for the zealous prime ministerial aspirant Narendra Modi: either a squeaky-clean image of constitutional rectitude or an image that is forever tainted with bias, prejudice and worse against our minorities

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