Bringing Nero to Justice: Investigating Modi

BRINGING NERO TO JUSTICE: INVESTIGATING MODI

Modi is a modern day Nero. Gujarat burnt before his watchful eyes. Death stalked Muslim victims in a needless but fanatical genocidal attack. Politically Modi was responsible to all the people from whom he excluded the minorities. Legally he escaped investigation and criminal accountability. Now he has been summoned to appear before the Supreme Court appointed Special Investigation Team (SIT) for questioning on March 21 in connection with the brutal murder of former Congress MP Ehsan Jafrrey during the 2002 Gujarat riots. Ehsaan Jaffrey was burnt alive, along with 70 other people, in Ahemadabad’s Gulbarg society.

The Gulbarg society massacre is just one of the many horror stories to come out of the Gujarat riots 2002. Ehsaan Jaffrey gave shelter to many residents from the savage mob. He tried in vain to contact politicians, police officers, and bureaucrats – but nobody responded. He was killed along with 60 odd people. A complaint was filed by Ehsaan Jaffrey’s wife, Zakiya, who had alleged that Modi and his colleagues were a part of conspiracy and instructed the policemen and bureaucrats to not respond to Muslim pleas for help during the Gujarat riots. A sole eye witness has alleged that Ehsaan Jaffrey also called Narendra Modi for help when the mob started gathering near Gulbarg society. In April 2009, the Supreme Court, based on her complaint, directed the SIT to probe the role of the people named in the complaint in the riots.

The credibility of SIT itself is under a cloud as a complaint was filed against SIT that one of the officers (Shivanand Jha) in SIT is named as an accused by Zakiya in her complaint. SIT had also been slow in summoning Modi. The SIT chief, Raghavan, did not spend enough time in Ahemadabad so as to expedite the investigation. Strangely, SIT has not submitted a very crucial piece of evidence – the CD that has telephone records of government leaders and officials during the first few days of the Gujarat riots. SIT’s actions (and inactions) cast serious doubts on its integrity and its commitment towards a sincere, unbiased investigation into the Gujarat riots. The application for reconstitution of the SIT will be heard by the Supreme Court on 15th March.

In another development, the Nanavati Commission, which is probing the Gujarat riots cases, is expected to submit its report by June 30. The Nanavati Commission has been criticized for not summoning and examining Modi in its investigation. An application demanding that Modi be summoned was turned down by the Commission in September 2009; this decision of the Commission is pending before the Gujarat High Court. All the hopes rest on the SIT investigation. If investigative justice fails in Modi’s Gujarat, the faltering steps of the relief law must also fail. Prosecutorial justice has already been called into question in Best Bakery and other cases shunted out of Gujarat. Custodial interrogation is required. The SIT must not flinch. The likelihood of Modi interfering with investigation is high. If Modi is arrested, he must resign.

Rajeev Dhavan and Bipin Aspatwar