Sanjiv Bhatt fires a stinker to SIT chief

Ahmedabad: Suspended IPS officer Sanjiv Bhatt shot off a letter to special investigation team (SIT) chief R K Raghavan on Saturday urging him to record his testimony before a magistrate under Section 164 of the CrPC since he feared “distortion” of his earlier recorded statements on the riots.

Bhatt was reacting to an Indian Express report dated December 9, 2011 “Pandya Murder: Call records belie Bhatt claims, says SIT”, which detailed how SIT probing the 2002 riots had found call records not supporting Bhatt’s claims that he had met former minister Haren Pandya immediately after coming out of the controversial meeting held by CM Narendra Modi on the night of February 27, 2002, hours after the Godhra train attack. Pandya was shot dead in 2003.

Bhatt forwarded a copy of this letter to the Indian Express on Saturday.

Suspecting certain SIT officials of twisting his statement and leaking it to the media, Bhatt said the statements attributed to him in this report were false and misleading and pointed out how an SIT official Y C Modi who was associated with the Haren Pandya murder probe during his stint with the CBI, was also part of the team that recorded his statement in the 2002 riot cases.

Bhatt’s letter to Raghavan said, “It appears from the above referred news item that the officers of the SIT under your stewardship are not only continuing with their sinister design and modus operandi of twisting my statements to suit a particular pre-conceived line of investigation, but are also deliberately leaking false and misleading information to the media from time to time with the intention of creating doubts about my credibility as one of the most important witnesses linking Mr Narendra Modi with the Gujarat carnage of 2002.”

The police officer referred to the judgment of the Gujarat High Court bench of justices D H Waghela and J C Upadhyaya on August 29, which cleared all the accused in Pandya case of murder charges. Bhatt said “certain very sharply critical observations regarding the quality of the investigation conducted by the CBI in the Haren Pandya murder case” were also made by the court.

The letter went on to say, “As you are well aware, one Mr Y C Modi (IPS), who was then posted on deputation with the CBI, was the supervisory officer of the said investigation. The same Mr Y C Modi now happens to be a member of the SIT under your stewardship and was associated with the recording of my statement by the SIT in 2011 in connection with the complaint of Mrs Zakia Nasim Ehsan Jafri. I had brought certain disquieting aspects about the conduct of certain officers of the SIT under your stewardship, including that of the said Mr Y C Modi, Mr A K Malhotra and Mr Himanshu Shukla (IPS), to your notice vide my letter No. SRB/SIT/110322/01 dated March 22, 2011 and letter No. SRB/SIT/110406/01 dated April 06, 2011”.

Bhatt, who recently wrote to the Nanavati-Mehta Commission to either call him for deposition or direct him to file an affidavit on the information that he was privy to as an intelligence officer during the riots, questioned the “leakage” of the information by the SIT and said that it “... re-confirms the apprehensions in my mind about the bona fides, motives and intent of the SIT under your stewardship”.

He added he had already provided relevant documentary evidence and contemporaneous records and detailed call records of various persons including late Haren Pandya to the SIT in November-December 2009. “Needless to elaborate, amongst other things, I am fully aware about the cellphone locations and the probable movements of Pandya on 27/02/2002”, he said.

The SIT had said that the cellphone call records provided by IPS officer Rahul Sharma did not support Bhatt claims about his and Pandya’s locations on that day.

Reiterating an earlier request through a letter of March 18, 2011, to the SIT, Bhatt urged Raghavan to record his statement before a magistrate under Section 164 (1) of the CrPc at the earliest.

HC to hear plea for summons to CM on Dec 16

Ahmedabad: The Gujarat High Court has kept the hearing of a petition demanding summons to Chief Minister Narendra Modi and four others by the Nanavati-Mehta Commission for December 16. The petition has been moved by Amrish Patel from Jan Sangharsh Manch, an organisation which is fighting the legal battle on behalf of the riots victims.

According to the petitioner’s lawyer Mukul Sinha, originally they had demanded a direction to summon Modi. But subsequently, the petition was amended and a direction was sought to the Commission to summon Modi, the then Minister of State (Home) Gordhan Zadafia and the then three CMO staff members — Omprakash Singh, Tanmay Mehta and Sanjay Bhavsar.

Earlier, the petitioner had moved an application in this regard before the inquiry Commission, which was turned down. Later, the petitioner moved the HC where a single-judge bench had upheld the Commission’s order. Following this, the order was challenged before a division bench of the then Chief Justice S J Mukhopadhaya and Justice Akil Kureshi.

The bench had heard the petition and kept the order reserved. However, following elevation of Justice Mukhopadhaya to the Supreme Court, the petition is being heard afresh by the DB comprising Justices Akil Kureshi and Sonia Gokani.

Modi gave SSF money to Shah in my presence, Bhatt writes to panel

Ahmedabad: Suspended IPS officer Sanjiv Bhatt has claimed that Rs 10 lakh, allegedly drawn from the State Secret Service Fund (SSF) to undermine the proceedings of a 2002 riots related petition before the Supreme Court, were handed over by Chief Minister Narendra Modi to former minister Amit Shah for further disbursal as per plans, in his presence.

Bhatt said this in a letter to the Nanavati-Mehta Commission on Wednesday while expressing willingness to either depose or submit an affidavit to divulge details in this regard before the Commission.

Bhatt is referring to a petition that was moved before the SC by danseuse and activist Mallika Sarabhai after the riots. The petition had demanded several reliefs for the victims while seeking direction for a free and fair investigation into the riots.

Bhatt has alleged that the SSF was misused by the stated machinery to undermine the proceedings of this petition.

“...I am privy to details regarding the exact roles of Narendra Modi, Amit Shah as well as the advocates attached with certain law offices at Ahmedabad and Delhi in undermining the proceedings of the Writ Petition...,” Bhatt said in his letter.

He further claims that he was privy to the “details of the modus operandi regarding the misuse of public funds amounting to Rs 10 lakh”. This, the letter states, “were drawn from the Secret Service Funds on April 12, 2002, and were immediately delivered, as instructed, to Narendra Modi; and were subsequently handed over by Modi to Shah, in my presence, on the very same day, for further disbursal and execution of plans as per the instructions of Modi.”

Riots Data Destroyed? Godhra Panel Urged to Verify

TNN JULY 5, 2011, 12.48AM IST

AHMEDABAD: After government counsel S B Vakil told mediapersons that the state intelligence bureau (IB) records related to 2002 riots were destroyed at the end of 2007, the civil rights organization Jan Sangharsh Manch (JSM) on Monday requested the Godhra commission to direct the state government to file an affidavit in this regard.

Citing the contradictory statements issued by the state government about existence of riot-related records, JSM urged the Nanavati-Mehta commission to ask the state home secretary on affidavit which data were destroyed. The government should be asked to reveal the name of officer, who ordered for destruction of records, the application said.

The commission has also been requested to ask the government to produce or permit the inspection of all the vehicle movement registers of the vehicles of then DGP, Ahmedabad police commissioner, and IPS officer Sanjiv Bhatt from February 27 to May 31.

Probe Panel Seeks Report on Riots Intel Records

Thu Jul 07 2011, 03:13 hrsAhmedabad
Commission gives Intelligence ADGP 10 days to submit report

The Nanavati-Mehta Commission on Wednesday ordered the Gujarat ADGP (Intelligence) to submit a report within 10 days about the status of state intelligence records and other documents relating to the Godhra train burning and the subsequent statewide riots of 2002.

The Commission issued the order on an application moved by Jan Sangharsh Manch (JSM) in the wake of the government counsel at the Commission, S B Vakil, stating that the records relating to that period have been destroyed.

The Commission said it would pass further directions on this after the ADGP (Intelligence) submits its report.

JSM counsel Mukul Sinha said the application was heard by the Commission in the presence of government advocate Devang Vyas.

The JSM has also sought a direction to the government to know which records of the state intelligence department were destroyed for the period between February 27, 2002 and May 31, 2002, and under whose directions and why.

Among other documents, the JSM application has demanded to know if the records of DGP office, DGP’s control room, and the control rooms of the police commissioners of Ahmedabad, Vadodara, Rajkot and Surat from February 27, 2002 to May 31, 2002 are preserved.

It has sought the Commission to direct the government to either produce or allow inspection of vehicle movement and telephone call registers of certain police officers of that period, including of IPS officer Sanjeev Bhatt.

JSM moved the application citing a “contradictory stand” taken by the government and its counsel over the existence of crucial 2002 intelligence records after Vakil’s announcement. Subsequently, reports had appeared in a section of media that the government wanted to deny this.

How Desperate Can They Get

DNA

Gujarat EDN

28JUN2011

'Bhatt's FB posts are his personal matter'

Says Nanavati panel while rejecting plea to quiz IPS officer over messages on his facebook

DNA Correspondent Ahmedabad

The justices (retired) GT Nanavati and Akshay Mehta commission, on Monday, refused to entertain the petition of the organisation named, Rashtriya Suraksha Sangh, seeking cross-examination of IPS officer Sanjiv Bhatt over the 'postings' on his Facebook account.
Chetan Shah, lawyer and founder of the organisation, stated before the commission that the writings and statements on Bhatt's Facebook pages indicated that he was acting with mala fide intentions and at the behest of Congress leaders and social activist Teesta Setalvad. 
Shah said the commission should know about the Facebook 'posts' and allow him to cross-examine Bhatt to ascertain the IPS officer's intentions in making statements against the state government over the 2002 communal riots. 
Shah also submitted printouts of Bhatt's Facebook 'friends list' and 'wall post' messages and said that Congress leaders Shankarsinh Vaghela, Shaktisinh Gohil, Surendra Bakshi, and social activist Teesta Setalvad are on the 'friends list'. Some of printouts also contained what Shah alleged were 'aggressive' postings uploaded by Bhatt. 
Justice Nanavati, however, refused to entertain the petition saying that the Facebook postings were Bhatt's personal matter and they cannot be considered as evidence. He also expressed annoyance over Shah's petition. But Shah kept repeating that the commission should allow him to cross-examine Bhatt as the postings allegedly revealed his intentions against the state government. Finally, the commission told Shah that it will keep his plea in abeyance and use it if necessary. 
Meanwhile, the commission adjourned till Tuesday the petition of the Congress party seeking requisition of vital documents related to the 2002 communal riots. Further, in an informal discussion, justice Nanavati said he might prepare the final report by December this year, and that he might start issuing notices under section 8B of the Commission of Inquiry act to the people concerned. 
Under this section, the commission can issue notices seeking explanation from the people who are likely to be implicated in the final report.

Gujarat Riot Victims May File Plea to Make Cop a Witness

IANS

Gujarat riot victims may file plea to make cop a witness

2011-06-21 21:10:00

Ahmedabad, June 21 (IANS) A Gujarat court Tuesday allowed victims of the 2002 communal riots to file a plea for calling as witness Indian Police Service (IPS) officer Sanjiv Bhatt who blamed Chief Minister Narendra Modi for the carnage.

Judge B.J. Dhandha told the lawyer of the victims of a massacre at the Gulberg Society in Ahmedabad that they may file a plea anytime during the final hearing.

Victims' lawyer S.M. Vora earlier sought adjournment of the final hearing to file the plea.

Prosecution lawyer R.C. Kodekar started the final argument in the case to establish role of the various accused in the massacre that claimed lives of over 80 people in Gulberg Society Feb 28, 2002 during the statewide communal riots that followed the Godhra train burning that left 59 Kar Sevaks dead.

Vora said: 'We demanded adjournment of the final hearing as we wanted to make Bhatt as a witness. This is because he has filed an affidavit before the Supreme Court mentioning acts of Modi and has made allegations against him.'

'However, the judge said, the process will be continued and we can file the plea on next hearing,' he said.

Bhatt, who was part of the state intelligence set up in 2002, blamed Modi for the communal carnage, saying the chief minister wanted Muslims to be taught 'a lesson' for the Feb 27, 2002 Godhra train carnage and that

Hindus should 'be allowed to vent their anger'.

'I have deposed before the Special Investigation Team (SIT), the Nanavaty-Mehta judicial enquiry commission probing the 2002 communal riots and the process I have gone through has made me go for the affidavit before the Supreme Court. Rest, I leave it to the apex court. If I am called, I will depose before it,' he said.