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JANSANGHARSH MANCH 104, Maharanapratap Complex, Ellisbridge Ahmedabad. Ph. 079 26577280. OUT NUMBERED OR OUTRIGHT COLLUSION?.
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JANSANGHARSH MANCH 104, Maharanapratap Complex, Ellisbridge Ahmedabad. Ph. 079 26577280
OUT NUMBERED OR OUTRIGHT COLLUSION? In just 48 hours after the burning of the S6 Coach of Sabarmati Express at Godhra on 27th February, 2002, around a thousand innocent Muslims were killed by the rampaging mobs in a the major cities of Gujarat like Ahmedabad, Baroda etc..
OUT NUMBERED OR OUTRIGHT COLLUSION? Police did very little to prevent the massacre and defended their inaction by declaring that they were outnumbered and overpowered by the “emotionally charged” unprecedented rampaging Hindu mobs who were “reacting” to the “brutal killings” of the 59 Karsevaks in the “torching” of the S6 coach on 27th February, 2002.
OUT NUMBERED OR OUTRIGHT COLLUSION? Few hundred Affidavits have been filed before the Hon’ble Commission by the Police officials from the rank of DGP to PSO of local police stations from all over Gujarat. Except for a few, most of the Police officials have voiced the same reason for their failure to prevent the killings and destruction. Outnumbered and overpowered !
OUT NUMBERED OR OUTRIGHT COLLUSION? The entire blame for the death and destruction of the innocent Muslims all over Gujarat is therefore cunningly shifted to the Muslims themselves. Had “they” not “killed” the 59 Karsevaks at Godhra, the mob would not have reacted and killed them in turn. The “action” and “reaction” theory of the Chief Minister!
OUT NUMBERED OR OUTRIGHT COLLUSION? A further reasoning follows: if the mobs are provoked and enraged, the Police force will get outnumbered and overpowered and will not be able to protect the life and property of the targeted citizens, and victims will be at the mercy of mob-organizers!
OUT NUMBERED OR OUTRIGHT COLLUSION? What is however required to be asked and answered on the basis of the facts and evidences led before this Hon’ble Commission is whether, prima facie the defense put up by the Police has any substance at all or the defense is purely a cover up for their direct collusion with the rioters??
OUT NUMBERED OR OUTRIGHT COLLUSION? This question however cannot be answered in isolation, divorced from the acts and omissions of other authorities and political persons. If the evidence reveal a larger conspiracy to unleash the violence against the minorities on and from 28th February, 2002, in that case the inaction of the police can only be a part of the larger design.
OUT NUMBERED OR OUTRIGHT COLLUSION? As a test case therefore, the role of the police is evaluated in relation to a specific area which had seen the most violent events on the first day that is 28th February, 2002. The area is the Zone (4) of the Sector-II of the City of Ahmedabad where at least two hundred Muslims (men, women and children) were mostly burnt to death.
OUT NUMBERED OR OUTRIGHT COLLUSION? The Zone (4) of the Ahmedabad City comprises of two Divisions, namely, “F” Div. and “G” Div. each headed by an Assistant Commissioner of Police. The Police Stations that fall within these two Divisions are, Dariapur, Shahibaug, Sardarnagar, Naroda and Meghaninagar. The Sector-II comprises of the Zones (4), (5) and (6).
OUT NUMBERED OR OUTRIGHT COLLUSION? At the relevant time, the Zone (4) was headed by Shri P.B.Gondiya, DCP, whereas Jt. Commissioner of Police, Shri M.K.Tandon was the In charge of the Sector-II. Shri P.C.Pandey was the then Commissioner of Police. The First P.I.s of Naroda and the Meghaninagar Police Stations were Shri K K Mysorewala and K.G.Erda respectively.
OUT NUMBERED OR OUTRIGHT COLLUSION? All the above named Police Officers have filed there respective affidavits before the Hon’ble Commission. The Police Commissioner, Shri P.C.Pandey, in his Affidavit before the Commission dated 5th July, 2002, has given the information that 356 offences which been committed on 28th February, 2002 ,were registered in the City.
OUT NUMBERED OR OUTRIGHT COLLUSION? From the information furnished by the Commissioner, it is found that out of the 356 offences registered, 76 of them were committed in the Naroda area, 7 were in Meghaninagar, 8 were in Shahibaug, 4 in Dariapur and only 2 in Saradanagar area. Except in Naroda and Mehaninagar, there were no deaths in the other three areas
OUT NUMBERED OR OUTRIGHT COLLUSION? The three most major offenses of arson and mass murders were registered in the two areas of Naroda and Meghaninagar. CR No. 98/02, 193/02 and 197/02 which were registered with Naroda Police Station were in relation to the burning, looting and killing in the Muslim Mohalla of the Naroda village leaving 12 persons dead
OUT NUMBERED OR OUTRIGHT COLLUSION? In Cr. No. 98/02, which was filed by ASI Vala, amongst others, Babu Bajrangi @ Rajabhai Patel, Rajkumar Chaubal, Dineshbhai K Patel Jagdishbhai C Patel etc were shown as accused. In the Cr. No. 197/02, Dr. Jaideep Patel, Mayaben Kodnani, Ashok Patel etc were named as accused.
OUT NUMBERED OR OUTRIGHT COLLUSION? In the final report filed u/s 173 of Cr.P.C. being the Final Report No. 104/2002 dated 4.9.2002, a “C” summary was filed and the complaint made in 197/02 was merged with the CR No. 98/02 and the complainants of 197/02 were shown as witnesses in case arising out of the CR. No. 98/02. Charges against Jaydeep, Mayaben & Asoke were dropped
OUT NUMBERED OR OUTRIGHT COLLUSION? The offence of mass murder and burning alive of over 80 persons in Naroda Patiya area was filed by PSI V.K. Solanki and registered as CR No. 100 /02. The first charge sheet being CS No.106/02 was filed on 3-6-2002. 23 persons shown as accused were arrested, whereas 21 others were shown as absconders.
OUT NUMBERED OR OUTRIGHT COLLUSION? A supplementary charge sheet being CS No.196/02 was filed on 22-8-2002. 14 of absconders were shown as arrested and 9 were shown as absconders. Shri Bipinbhai Panchal was later on arrested. Amongst others, Babu Bajrangi, Kishan Korani, Haresh Rathod, Ratilal @ Jai Bhavani were shown as accused.
OUT NUMBERED OR OUTRIGHT COLLUSION? The other most heinous offence in which around 56 persons were burnt alive in Gulbarg Society of Meghaninagar area was registered in Meghaninagar Police Station by the then First P.I. Shri K.G. Erda as C.R.No.67/2002. Amongst others, Girish, Ramesh, Mukesh Mochi, Prabhu Mochi, Mangilal, Gabbar etc. were shown as accused.
OUT NUMBERED OR OUTRIGHT COLLUSION? From the deposition of Shri Rahul Sharma, S.P., CBI, made before Commission on 30-10-2004, it appears that he was asked to assist the investigation of the Naroda Patiya and Gulbarg society cases which were being investigated by A.C.P. Shri S.S.Chudasama and was being supervised by Shri Surolia, head of crime branch.
OUT NUMBERED OR OUTRIGHT COLLUSION? Shri Rahul Sharma had deposed that in order to verify who were really involved and who were falsely being involved in the above cases, the police had collected data of all the mobile telephone calls from AT & T and Cellforce within the city of Ahmedabad. The said information was received by Shri P.P. Pandey, the Joint C.P.
OUT NUMBERED OR OUTRIGHT COLLUSION? Shri Rahul Sharma has further deposed that he had requested Shri Pandey to keep the record which was transcribed on a CD with him and Shri Rahul Sharma had himself made a copy thereof. Commission had taken on record the copy of the CD which was submitted by Shri Rahul Sharma before the Commission.
OUT NUMBERED OR OUTRIGHT COLLUSION? Jansangharsh Manch submits that the Mobile Call Data collected and submitted by Shri Rahul Sharma before the Commission is of great importance as corroborative evidence and therefore, has analyzed this data in respect of around 40 persons whose names have already been submitted to the Commission.
OUT NUMBERED OR OUTRIGHT COLLUSION? So far as data analysis is concerned, it is submitted that JSM had first identified the names of the Ministers, Political personalities, Police Officers and some of the accused in the cases of Naroda village and Naroda Patiya for the purpose of probing into their conduct, an issue which is referred to the Commission for enquiry.
OUT NUMBERED OR OUTRIGHT COLLUSION? Firstly, the telephone numbers of such selected persons were ascertained and calls made to and from their numbers were filtered out from the lakhs of call data contained in the CD. The individual data so filtered contained the call date, call time, duration of call, location of the mobile phone, and the number of the caller/called
OUT NUMBERED OR OUTRIGHT COLLUSION? The list of telephone numbers of such selected persons alongwith their names was submitted to the Commission and the list was also given to the advocate of Government. The media had also printed the whole list. Till date neither the Government nor any of the persons named in the list have disputed the mobile numbers.
OUT NUMBERED OR OUTRIGHT COLLUSION? Jansangharsh Manch has already submitted to the Commission the data containing all the above fields of the entire list of 38 persons along with forwarding application dated 14th October, 2006. Thereafter the Commission has directed the Government to analyse the data submitted by Jansangharsh Manch - which is yet to be done.
OUT NUMBERED OR OUTRIGHT COLLUSION? The Commission had also asked JSM to submit its own analysis of the data and therefore, JSM is submitting the first part of its analysis of the Mobile Phone Data in relation to the role and conduct of the police in dealing with the violence that killed and destroyed hundreds of innocent Muslim men, women and children.
OUT NUMBERED OR OUTRIGHT COLLUSION? While analyzing the data, the evidences led before the Commission, like the averments made in the affidavits of the Police Commissioner Shri P.C. Pandey, Joint Police commissioner Shri M.K. Tandon, the DCP (Zone-IV) , the DCP (Zone-V), the FIR and wireless messages have been taken into consideration.
OUT NUMBERED OR OUTRIGHT COLLUSION? To find as to whether there was any nexus between the police officials and the political personalities with the rioters, a co-relation chart was prepared for nine persons namely the CP, Jt.CP, DCP (Zone-IV), DCP (Zone-V), Home Minister Mr. Zadaphia, Dr.Jaydeep Patel, Babu Bajrangi, Bipin Panchal and Ashok Patel.
OUT NUMBERED OR OUTRIGHT COLLUSION? To ascertain the geographical location of any person carrying a particular mobile, unique location codes were assigned to each tower. The list of some important location codes are given here.
AN ILLUSTRATION IT HAS BEEN ALLEGED BY MANY VICTIMS OF NARODAGAM THAT THE MLA OF NARODA, MAYABEN KODNANI WAS INSTIGATING THE MOB TO ATTACK THEM. SHE HAS OF COURSE DENIED EVEN HER PRESENCE IN THE NARODA VILLAGE. THE LOCATIONAL CHART OF MAYABEN HOWEVER TELLS THE TRUTH!
OUT NUMBERED OR OUTRIGHT COLLUSION? The charts were prepared on the basis of the Mobile calls made by each person to the other eight persons and the number of such calls is shown in the next eight panels. The co-relation chart of the calls made by the nine persons amongst each other for the period between 27th Feb. and 1st March, 2002 is shown thereafter.
OUT NUMBERED OR OUTRIGHT COLLUSION?
OUT NUMBERED OR OUTRIGHT COLLUSION? From the last panel it can be seen that the Home Minister Shri Gordhan Zadafia had made just six calls to the CP in three days and just two calls to the Joint CP in the same period, whereas he has made 23 calls to the DCP Shri R.J. Sawani, 11 calls to Dr.Jaydeep Patel and five calls to Bipin Panchal, (the accused in CR No.100/2002).
OUT NUMBERED OR OUTRIGHT COLLUSION? It is submitted that the above figure indicate a strong nexus between the DCP Sawani and the Home Minister beyond their official relation in as much as despite the enormity of the events that had taken place between 27th Feb. and 1st March 2002 the Home Minister does not contact senior most officers but repeatedly contacts a subordinate officer who was not even connected with Zone-IV where the major crimes had taken place.
OUT NUMBERED OR OUTRIGHT COLLUSION? Secondly, the Home Minister was in continuous contact with Jaydeep Patel as well as Bipin Panchal, an accused who was initially shown as absconder. Jaydeep Patel in turn remained in touch with Babu Bajrangi, Bipin Panchal and Ashok Patel who were shown as accused in CR No.197/2002 but later charges were dropped.
OUT NUMBERED OR OUTRIGHT COLLUSION? Thus, a strong co-relation exists between the Home Minister, the Police Officer Shri Sawani and the accused named earlier. It becomes therefore necessary to study the movement of these persons and find where these persons were located on 28th February 2002 specially when the offences were committed between 10 am to 9 pm.
OUT NUMBERED OR OUTRIGHT COLLUSION? Tandon in his affidavit has stated that at 12 noon he reached Naroda Patiya , dispersed the riotous mob, declared curfew at 12 .20 hrs and then reached Dariapur at 14 hrs. There at 14.14 he came to know that a huge mob had encircled Gulberg Society and at 15.35 he was informed by mobile phone that Gulberg was set ablaze.