Teesta Setalvad is a well known activist
tirelessly working for justice. As a journalist and rights activist she
has been fighting for the justice to the victims of Gujarat carnage.
Following the historic Naroda Patiya verdict she spoke with Newzfirst
about her experience of a decade long struggle.
How many cases are you and your team involved in with reference to Gujarat carnage 2002? How it all started ?
We have handled a total of 68 plus cases, from the Trial Courts right up
to the Supreme Court. We have tried to organizationally address the
various aspects of the genocidal carnage of 2002 and ensure
accountability and reparation. A class action on reparation, still
pending has led us to carry out a survey of over 18,000 homes, through
which we have now sought compensation for damaged properties, for lives
lost in the police firing and for the victims of gender violence. The
issue of a civil suit for the damages against those non-state actors and
organizations, who carried out the violence and most significant of all
criminal conspiracy and culpability (The Zakia Jafri and CJP case) is
also being handled by us.
Our first petition filed on
May 2, 2002 itself was the only one that demanded a transfer of
investigation. In this leading civil libertarian from Gujarat, DN
Pathakji was one of our lead petitioners in the first case before the
Supreme Court and the rest of us are co-petitioners. When the National
Human Rights Commission (late, in 2003 asked for a transfer of cases out
of the state) our petition asking for transfer of investigation was
heard along with the NHRC petition.
I hail from Gujarat and was
covering the systematic polarization and anti-Constitutional moves
within the state apparatus since the early 1990s. Something awful was
building up. The blood-spill of 2002 compelled me to act and engage
consistently at the grassroots.
How have you legally empowered the victims of ‘02 carnage?
In
the Naroda Pariya Case, specifically, sixty Five witnesses, most of
whom are also survivors of the worst ever massacre of 2002, were
provided legal assistance by the CJP Team. This entailed daily
attendance at the trial courts, ensuring continued protection of the
witnesses, presence at the local police station when they were
threatened and intimidated (this happened at least with two dozen of
witnesses during the trial) and timely applications and coordination
with the Special Investigation Team (SIT) nodal officers to ensure the
protection.
In General and looking at the
various trials we have assisted, documenting the evidence for each case
carefully, accurately and persistently following them up; ensuring legal
aid through a team of lawyers at the Trial Court, assisting the
Prosecution has been the major part of the work. The most emotionally
exacting part of this work is to keep the community of victim survivors
engaged and committed to the struggle for justice even as inexplicable
delays wear us down.
In the Sardarpura case
(earlier Best Bakery) and now the latest Naroda Patiya we have filed
detailed written arguments and made separate applications before the
Courts. This ensures that any aspect, large or small that may be
overlooked is addressed. At the Gujarat high court level our courageous
colleague MM Tirmizi who has risked much along with others and our team
of lawyers from Bombay – Mihir Desai, Gautam Patel, Navroz Seervai—and
Delhi –Kamini Jaiswal, Sanjay Parikh, Aparna Bhat, Ramesh Pukhrambam
have made it possible for us to be consistently vigilant. In addition we
have a strong and committed band of lawyers within Gujarat who
consistently follow up each case.
I keep a hawk’s eye all on the
developments and then harangue and nag the team at all levels to ensure
immediate interventions! But the dedication of the team as a whole
makes it all happen.
Can you please throw some light on how did you manage to get the protection for the key witnesses and victims.
To understand how the victims and witnesses were protected we need to go
back to 2004. The CJP through the Amicus Curaie in the Supreme Court,
Harish Salve, had moved an application for the protection of all the key
witnesses and the victims of the nine major cases including Naroda
Patiya massacre. Through a detailed order, individual and cluster
protection by the Central Industrial Security Forces (CISF) these victim
survivors have enjoyed unprecedented and unique protection enabling
them to carry out their business and lives without fear.
Then after SIT completed its
investigations and when the Supreme Court was lifting the stay on the
trials to enable them to begin, we reiterated our concerns through
written applications in our petition before the Supreme Court. The final
orders of the Supreme Court ordering Special Courts to begin the trials
by directing SIT to oversee the protection by the CISF.
Dr Raghavan asked CJP to
outline a scheme that we had done and presented to him, in writing. This
extent of Witness Protection has been unique to the trials in Gujarat
supervised by the Supreme Court and has ensured that the victims had the
security to seek justice, complain any number of times about the
attempts at threats, inducement and intimidation. This example also
makes a strong case for an enduring Witness Protection programme in the
country. This protection that we have obtained from India’s Apex Court
since 2004 has continued till date and will continue until appeals are
heard. In the course of the last few years even two among our legal team
have been given protection after they received consistent threats.
About outstanding successes and de-motivating defeats in last 10 years…
The
transfer of the Best Bakery case, the further investigations ordered
into major trials and their monitoring by the Supreme Court, the
investigation and progress of the Zakia Jafri-CJP case, and the
convictions in Sardarpura, Odh, Deepda Darwaza, Naroda Patiya—the very
fact that we have managed collectively to keep the memories of the
horrific carnage of 2002 alive in public memory –in a healthy way to
ensure justice and through this lasting reconciliation. For the very
first time in the Naroda Patiya case, through a 1976 page judgement,
Judge Jyotsana Yagnik has convicted political masterminds and
perpetrators of incitement, murder and attempt to murder. This is an
unprecedented victory and is a tributary to the raw courage of the
Victim Survivors, 13 of whom deposed against Kodnani and 15 against
Bajrangi.
The increased scheme for life
compensation by the first UPA government, thanks to representation made
by CJP team and some others. Jurisprudentially CJP’s interventions have
created very valuable jurisprudence on mass violence, the right of the
witness to protection and legal representation, the right of the victim
and witness to have a say in the appointment of public prosecutors and
finally criminal and civil culpability for mass crimes.
Among the defeats has been
the rejection of our plea in the Supreme Court to get the appointment of
PC Pande as DGP reversed; he is the man who oversaw the carnage in
Ahmedabad city and received 15 phone calls between 12 noon and 3 p.m. on
28 Feb. 2002 from the CMO and has not been made to answer for his
criminal culpability yet; though promoted by the Modi government we were
not able to get this appointment judicially reversed; The second
disappointment was the rejection by the apex court for a transfer of
investigation into the cases of missing persons in Gujarat to the CBI.
One heart warming experience that enhanced your faith in your fight
The
steadfastness of the survivors… The day that Zahira turned hostile for
the second time during the re-trial in Mumbai, over twenty other
witnesses from Gulberg and Naroda Patiya offered to come out and speak
in my support. But I wanted to protect them from vindictive state
machinery as they all still live in neighbourhoods where perpetrators
roam free.
The tears of joy in the eyes
of survivors especially women, their profound faith in this country and
the land, their belief that justice must be done and will be done, never
let me give up the hope. They suffer the deadening memories of their
loss and the taunts of others as they soldier on. They have lost their
sleep, their health is affected and yet....I get sustenance from them.
One of the most touching
moments was when three rickshaw pullers from Aligarh donated their daily
earnings to our struggle. It was the most precious contribution that
CJP has received.
Any frustrating experience that might have forced you think to give up?
The
constant malicious propaganda based on untruths even though the Courts
have exonerated our involvement as that of legitimate legal assistance.
Where have you reached, what is still left?
We
have ensured some accountability from the system, hitherto
unprecedented, and the Indian judiciary has displayed at many stages of
the struggle, its finest hour. Constitutional values run deep into our
systems of governance though there are sustained efforts to corrupt them
by ideologues of partisan politics. It is the Constitutional values of
parity and non-discrimination that have been strengthened by these
collective efforts.
What remains is criminal
culpability of the men in the uniform (Policemen and Bureaucrats) and
the political masters, who allowed the elements of this wider conspiracy
to unravel –in far-flung villages and prime cities of Gujarat—Ahmedabad
and Vadodara. After the verdict of Naroda Patiya the logical question
on everyone’s lips is –did the criminal conspiracy hatched by Kodnani
and Bajrangi stop with them? How much farther did it go? Why was Kodnani
rewarded and made Minister after 2002?
Given the historiography of
communal violence, a tragic incident like Godhra train burning would
have, undoubtedly resulted in reprisal killings in some places. But for
these to have superior state sanction, for the burnt down corpses of the
Godhra victims to be handed over by the Godhra Collector to not an
official but a strident member of the Vishwa Hindu Parishad (VHP), for
killings, rapes and destruction to have to 19 districts in a sinister
and similar pattern, that finally claimed over 2,000 lives could only
have happened with high level enablement, ensuring, at the minimum,
impunity to the perpetrators.
It is important for the health
of Indian democracy that more of those who connived to allow the
violence, Policemen and Bureaucrats, are also nailed. Besides other
political masterminds who guided them on their murderous path, Maabehn
Kodnani’s colleagues need now to be brought into the net of the wider
criminal conspiracy.
Have you found any unexpected support in this struggle? Some people who have ditched you and switched sides…
I would prefer to speak just on the positives. We have received
unexpected support from so many quarters that have strengthened our
belief that we are on the right path. Chayaben and Vithalbhai Pandya
(sister and late father of the late Haren Pandya), have become close
though they are from a different political allegiance–I felt very
disturbed that Vithalkaka did not live to hear the verdict of the
Gujarat High Court on Haren Pandyaji’s assassination; Sureshbhai Mehta,
former chief minister of Gujarat, who I respect deeply, extended
solidarity when I was being brutally targeted needed it most...and
though not unexpected, former Gujarat DGP RB Sreekumar has been an
enduring guiding star for me ... retired senior IPS Officer Chaman Lal
extended a rare and precious gesture of support to our struggle. I carry
his letter with me at all times.
I still remember the day
Harenji came and appeared before the Concerned Citizens Tribunal in the
May of 2002. He was so disturbed by what had been happening in Ahmedabad
and all over Gujarat. Taking me aside he explained me how he had
escorted the Amirsaab from the Vora Masjid, Teen Darwaza amidst blazing
tyres and mob mayhem to the airport to the safety of Mumbai.
Subsequently he gave his historic deposition to the Tribunal about the
meeting of the night of February 27th.....
How much time does Gujarat take in your daily schedule? Gujarat 2002.
Are we speaking of 24 hour days??!!!! At least six-eight hours of time...usually more.....
Anything else you can think of….
The
struggle for justice is long, hard and often lonely. The system tests
your durability and consistency. I wish we could make an example of the
successes from this battle, and seek to institutionalize the results so
that justice to victims of mass crimes becomes the rule and not the
exception. I wish more than anything else that an effective Witness
Protection Programme is put in place soon.
Name and role of your team members
Our
Trust Board with its Founding President Vijay Tendulkar ,today IM
Kadri, and all the Trustees (Cyrus Guzder, Anil Dharkar, Alyque
Padamsee, Nandan Maluste, Javed Akhtar, Rahul Bose, Cedric Prakash,
Ghulam Pesh Imam, Javed Anand, Arvind Krishnaswamy) —it is so important
to have a committed group backing such work; CJP’s office in Ahmedabad
with Rafikbhai Shaikh, Shaheda as also the legal team that includes
advocates SM Vora, Yusuf Shaikh, Aslam Baig, Sameer Mansuri, Irshad
Mansuri, Nasir Shaikh, Raju Mohammed Shaikh, Altaf Jidran, Moheammed
Hussaini and all the others who I have named above. In Mumbai, our team
of 14 dedicated day and night to this struggle – Santosh, Alice, Irfan,
Surekha, Pradeep, Zahid, Dada....Countless other well-wishers from
Aligarh, Madurai, Malegaon, Kerala, Delhi , Bhiwandi and other places.
Not to mention SAHMAT would be so unfair. SAHMAT (Safdar Hashmi Memorial
Trust) has been the backbone for our work in Delhi.
