Monday, August 6, 2012

Why isn’t this man an accused in Naroda Patia?

Mysteriously, former Vishwa Hindu Parishad's Gujarat
general secretary Dr Jaydeep Patel’s name is missing from the final
chargesheet that the special investigation team filed in the Naroda
Patia case – the biggest carnage of the Gujarat 2002 riots.
    This, despite clear evidence that Patel was in constant touch over
phone with most leaders of the mob which killed 98 Muslims at this
spot on February 28, 2002. The previous day, it was Patel, a
practicing pathologist who was then heading the state VHP, who had
brought the charred bodies of 54 ‘kar sevaks’ from Godhra to
Ahmedabad.
    Patel’s glaring omission is one of the many examples of the shoddy
investigation done by the Supreme Court-appointed SIT headed by former
Central Bureau of Investigation chief Raghavan. Raghavan was recently
in the news when it was revealed that the Narendra Modi government had
paid his bills for travel from London to Ahmedabad and back.
    Analysis done by the Jan Sangharsh Manch of the phone records
compiled by deputy inspector general Rahul Sharma show that Patel was
very much an active player on the ground on that fateful day. This
analysis is available with both the SIT and the SC.
    The phone records reveal that Patel was in constant touch with the
main accused in the Naroda Gam and Naroda Patia carnages, viz Babu
Bajrangi, Kishen Kourani, Raju Chaumal, Ashok Patel, Bipin Panchal and
Maya Kodnani from February 27 to March 3, 2002.
    Patel was also constantly in touch with the chief minister's
office and the then minister of state for home, Gordhan Zadaphia.
    However, while the SIT booked him in the smaller Naroda Gam case
(11 dead), it has mysteriously left him out in the Naroda Patia
carnage.
    The SIT may have taken the view that while there were victims and
witnesses who had reported Patel’s physical presence in Naroda Gam
case, there was no such evidence coming from Naroda Patia.
    Legal opinion, however, says Patel should have been charged under
section 120-B of IPC for conspiracy. Mukul Sinha of JSM says, “This
section does not require the presence of an accused at the scene of
offence. The charge under section 120-B can be brought home by other
evidence that can establish the meeting of mind between the accused
who have executed the offence with those who have planned the offence
and had common intention to commit the crime."
    The extra-judicial confession of Babu Bajrangi made before Tehelka
is also significant here. Bajrangi has admitted on camera that Patel
had spoken to him on 11 occasions and each time he wanted to know how
many Muslims had been killed in Naroda Patia.
Verdict on August 29
Ahmedabad: The verdict in the Naroda Patia massacre case, which was to
be delivered on Saturday, was postponed by special judge Jyotsnaben
Yagnik to August 29. Ninety-eight minority community members were
massacred by a violent mob on February 28, 2002, a day after the
Godhra train carnage.