Gujarat Carnage  

&

 Judicial Redressal

The police simply did not take any action against the accused in the first incident and they were free and instigated to go for the second, fatal attack.  

Legal Data  

                    Date of offence = 5-3-2002

                    Police Station  = Santrampur

F.I.R. No.      = I/43/2002

I.P.C. sections : 302, 307, 143, 147, 148, 149, 436,

395, 201, 120 (B), 112, B. P. Act 135 (1)

                    No. of deaths = 12

                    No. of injured = Many

Details of property losses

Houses looted and burnt -          45 (Total Muslim houses of the village)

Shops                                      -          5

Vehicles                                 -        5

Cattle                                       -          921

Working from grass root level:

Only 6 accused were arrested initially, although 32 were named in the statements given by the victims to the police. After 13 Muslims massacred and properties worth millions of Indian Rs., destroyed, during Gujarat carnage, the tragedy was not over , the villagers are still not allowed to return back to their village and they are taking temporary shelters in Lunawada taluka.   A legal team of 4 advocates, namely senior advocate Mr. Yusuf Charkha, advocate on record with prosecution, senior advocate Mr. Mohd. Noor Sheikh coordinator, and junior advocates Mr. Aslam Beg & Sameer Shaikh were given the task.

1. A training camp was organized in Ahmedabad. The witnesses were trained under the leadership of advocate Mr. Noor Shiekh.

2. The local responsibility was given to a local Lunawada responsible person. The necessary financial help to the victims was arranged.

3. It became necessary to check the free & fearless movement of the powerful absconding accused in and around Anjanwa village, showing their muscle power to the victims.

4. Applications related with the arrest of absconding were sent to various authorities. Results came and 4 more accused were arrested before elections.

5. Trial started in Godhra session court. Two BJP MP’s cum advocates (one was ex. MP) appeared on behalf of the victims.

6. Unfortunately the example of Keriyat case of same district has already motivated accused and defence lawyers.

7. Court issued notices to all witnesses, (31).

8. Ist evidence started in Oct, the accused and their   well wishers were smiling, however when they saw 3 advocates appearing on behalf of the victims, their faces got changed.

9. In whole day only 3 witnesses were examined. The witnesses faced the defence lawyer with confidence.

10. The defence lawyer told to the relatives of the accused that on any condition, you try to go for a compromise; other wise there may be convictions in this case.

11. Please note that all the arrested accused are still in Jail, they filed the bail applications, but due to in time opposition by lawyers there bails were rejected.

Conspiracy and planning of absconding:

In Fact through out Gujarat, it has been seen that out of many only few accused were arrested, with the hope that these unimportant arrested accused will be released in the trail, and the absconding will get benefit automatically. During the analyses of charge sheet, it has been found out that   5 accused are neither arrested nor shown as absconding. A well thought conspiracy The following 5 accused are neither arrested nor show as absconding accused 1.     Dashrath Vaja Damor, Resi. Anjanwa village 2.     Deputy Sarpanch (Veni), Resi. Veni village 3.     Shailesh Laxman Damor, Resi. Veni Village 4.     Sardar Vira Nayak, Resi. Vaghfal 5.     Kalu Shana Baria, Resi. Veni

Writ in High Court:

Therefore after sending many applications to the appropriate authorities and applications to Session Courts. It was decided to file a writ petition in Gujarat High court by one of the complainant, seeking relief on following two points,

1.     Trial has been started, while absconding are still moving freely. The police have still not detained the absconding; they threaten me and other witnesses of this case. We are terrified because of them and we live in hiding. And that it is sure that they will harm our lives and properties and will not let us fearlessly testify in court, and so it is necessary to immediately detain them and to take appropriate action against them.

2.     Out of 32, 5 important accused of the case are neither declared absconding nor arrested, while they have been name as accused by witnesses. Therefore police should come out clearly about them.

On 3-12-02 the Gujarat High Court had issued the notice to police including Police Officer of Santrampur. The case came for hearing before Hon’ able Justice R .P. Dholakeeya and later on in the court of Hon’ able Justice D.P. Buch, the Judges   took the matter seriously.

They asked the police, why during 9 months you were able to arrest only 7 persons and what about these 5 persons who are among main accused and they are neither arrested nor declared as absconding. Why you (police) have not completed the legal process to declare these accused absconding. The Police started arresting the accused. And police informed that they have further arrested 3 accused after receiving High Court notice. Hearing continued……….

On dated 26-12-02, the Hon’ able Justice D.P. Buch told the PI Santrampur that you again appear on 20-01-03 and arrest all the absconding before that, submit affidavits on the status of 5 accused mentioned above. (We can say that history was created and relief started pouring in from Gujarat High Court.)