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Justice in Gujarat
India



Published: 06-Oct-2003
By: Ian Williams



Eighteen months after communal violence in the Indian state of Gujarat left up to 2,000 people - mostly Muslims - dead, the state government seems unable to provide justice for the victims.


The violence followed an attack on a train carrying Hindu pilgrims, which killed 57.



But while the Hindu Nationalist government has detained more than 200 Muslims under draconian anti-terror laws, nobody has yet been convicted for the pogrom that followed. Most accused have been let out on bail.



Many of the more than 900 riot cases registered with the police have been dismissed or have collapsed amid widespread accusations of witness intimidation. And as our Asia Correspondent Ian Williams reports from Gujarat, India's supreme court is being urged to take the case away from the state.



Gujarat is throwing a party, an attempt to re-vamp its sullied image.



Announcer:

"Gujarat, that land of Lord Krishna is a land of peace, prosperity and progress."



As many as 2,000 Muslims were killed in a pogrom last year, but not a single murderer has yet been brought to justice. A detail that didn't seem to trouble Chief Minister Narendra Modi, or his guest of honour, India's deputy prime minister, and fellow Hindu hardliner.



Lal Krishna Advani, Deputy Prime Minister of India:

"I would be the first to admit that a sad and unfortunate episode took place. But it was an aberration. Gujarat will learn the right lessons from it and move on. Indeed it has already moved ahead."



Dr Mokul Sinha, High Court Advocate:

"The manner in which they are going about at present, I don't believe they are going to get any justice. It continues like this I don't believe it."



Last year Medina witnessed the rape and murder of her 17-year-old daughter. Seven other family members were also murdered. All those she identified as taking part in the violence have been released on bail. Medina has faced threats and intimidation - even when she appeared in court, which was packed with Hindu hardliners.



Medina:

"I told the court what happened to my daughter and to my mother-in-law and father-in-law, how they were beaten by the mob. But the people in the court, they laughed at me, and they kept on laughing while I testified. The case is still going on. They offered us money to retract our statements. They said they would pay us off. Even my husband was persuaded to withdraw his statement, but I don't want to do that. I want justice."



Some 65 people were killed in the Kalol region. A prominent leader of the BJP, the Hindu nationalist party that governs Gujarat, is alleged to have led the mob. Medina lives with 28 other families, in converted farm buildings, too frightened to return to their villages. Some have been told they can go back - if they drop their charges.



Medina's husband did return, briefly, but was confronted by the same people - freed on bail - who'd attacked them last year.



Medina:

"My husband Mustafa visited our house to check on the fields. Those people, they asked him:'how dare Medina testify against us? Do you want to become a widower?' They said:'Let's see her try and come and live among us."



Rehman was a witness to one of the worst acts of violence - almost one hundred killed at Naroda Patia, including his son. Again, almost all those accused have been released on bail, including the three he named.



Rehman

"I saw then burning, chopping, chopping people with swords, dousing people in petrol and setting them alight. It was unimaginable. Now I see them hanging around. All three of them, looking nonchalant, without a care in the world."



A familiar clamour has returned to the streets of Ahmedadbad, Gujarat's capital. Eighteen months ago, we drove down that same street when it was strewn with debris from the violence.



The authorities were accused of complicity: police stood by - even joined in, and members of the BJP and its sister organisation, the VHP - or World Hindu Council - were accused of orchestrating and taking part in the violence. It seemed to be well planned, but was described at that time by Chief Minister Modi as "the natural and justified anger of the people."



It followed an arson attack on a train in which 57 Hindu pilgrims were killed. In this case decisive legal action has been taken: 240 people have been detained indefinitely under India's anti-terrorism laws. All but one are Muslim. These laws have not been used against alleged Hindu perpetrators of the pogrom that followed.



The only major case to go to full trial - that of a torched bakery where 14 people died - collapsed when all the witnesses withdrew their testimony. All the defendants were released. That resulted in stinging criticism from India's supreme court, which is being petitioned to take all the cases away from Gujarat.



Among them, that of Gulberg Society, a Muslim enclave in a Hindu area, where local member of parliament Ehsan Jaffri was among 39 killed, the police ignoring his calls for help.



Mrs Jafri witnessed her husband's murder. She has testified, though so far only at a special commission set up by the Gujarat government, where the police again stood by as she was abused by a mob of Hindu hardliners.



Zakia Naseem Jafri, widow of murdered member of parliament:

"They started shoving me. I would have been trampled on if some people hadn't helped me into the car. We tried to drive off, but they surrounded us, shouting slogans and kicking and punching the car. But we managed to get out of there while the crowd continued to shout slogans."



The lawyer who represented the Gulberg accused, and who won them bail, is Chetan Shah. Over the years he has regularly represented Hindu hardliners from the BJP and VHP. But now he has a new job: The Gujarat Government has appointed Mr Shah Chief Public Prosecutor at Ahmedabad Sessions Court. In other words, he is supposed to lead the prosecution against the same people he recently defended.



Channel 4 News:

"Many of those accused are members of the VHP. You have been associated with the VHP. Now you are the prosecutor. How can that be fair?"



Chetan Shah, Chief public prosecutor, Ahmedabad sessions:

"There is no evidence that I am associated with the VHP. I was never associated with the VHP and I was never a member of the VHP."



In fact Mr Shah's regular court appearances for Hindu hardliners are a matter of public record. Colleagues say he shares their hardline views. And according to court documents, Mr Shah, defendant 31, was himself accused in 1987 of being part of a mob that attacked Muslim homes, killing nine people. Though he was subsequently acquitted.



Lawyers for Muslim victims of last year's violence are trying to have Mr Shah removed. But they have their own problems: an armed guard protects Tirmizi Mohammad after he recently received death threats.



Tirmizi Mohammad, lawyer for Gulberg victims:

"They have made threats telephonically, and here in person. They don't want us to represent the riot victims. When event the lawyers face threats how do you think the victims feel about their own security?"



Mr Modi's makeover party, chosen to coincide with the annual Havratri Hindu Festival, also included the bombastically titled Global Investors Summit. Since the Chief Minister hadn't responded to our formal request for an interview, we attended his summit in order to try and question him there.



He declined to comment. Clearly, it's not one of favorite topics of conversation. More forthcoming was one of the British visitors to the summit, who helped organise Mr Modi's recent visit to Britain.



Manoj Ladwa:

"The government is very clear and very keen to dispense justice in a fair and firm way. There are issues as regards riot victims from both communities. It's not just one community."



Away from Mr Modi's stage-managed festivities, Havratri is a genuine street festival, enjoyed by millions. Though the Muslim community is largely excluded, marginalised and increasingly frustrated at the lack of justice here.


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