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Phone records told ghastly tale of genocide
Top police officers squirm in India as genocide probe moves ahead; one arrested
WSN Network
 

AHMEDABAD: SEVEN YEARS AFTER the death tandav of Hindutva in western Indian state of Gujarat, law is catching up. After the widespread genocide of Muslims under the watch of Hindutva's mascot BJP Chief Minister Narendra Modi in 2002, a Supreme Court-appointed Special Investigation Team (SIT) is now using massive phone records unearthed and investogated first by the media to arrest the first police officer.

Large sections of the human rights movement and liberal political domain think the Gujarat riots would have been impossible if India had set an example in acting against the guilty of the 1984 anti-Sikh genocide.

The SIT had reopened 10 of the most serious cases of communal killings after riots broke out on February 28, 2002 and had collected records of cell phone calls between politicians and police officers during the worst moments of the violence. These records are being used by the SIT to nail contradictions in the statements made under oath by police and politicians before the Nanavati-Shah Commission about their presence and movements during the communal frenzy.

Deputy Superintendent of Police K.G. Erda, the first police officer to be arrested for allegedly abetting the rioters, was found to have registered a false FIR about the Gulbarg Society massacre of 42 people, including former MP Ehsan Jafri.

Erda, who is the complainant in the case, said in the FIR that a mob of 15,000 to 20,000 people attacked the small housing colony and he fired 60 rounds to disperse the mob. But SIT found that none from the mob had suffered any injuries from a police bullet.

Records of Erda’s cellphone (9825116222) reveal he was at the spot during the killings. He was “waiting for police help to arrive”, he later told the commission under oath. The SIT also found the 15 policemen who were with Erda in his official vehicle had not been provided any weapons.

The only injuries suffered by a few members of the mob were from bullets fired by Jafri in self-defence when no police help came despite his frantic calls to then Ahmedabad Police Commissioner P.C. Pande and Joint Commissioner of Police M.K. Tandon, SIT has found.

The SIT, and what it used to nail 

The SIT was set up by the Supreme Court last year after the Gujarat government had closed more than 2,000 riot cases, including the gruesome Naroda-Patiya and Gulbarg Society killings.

A set of CDs containing mobile phone records of all calls made in Ahmedabad during the 2002 Gujarat riots, ignored by at least one probe panel but preserved by an IPS officer, is now helping the Supreme Court-appointed Special Investigation Team in the reinvestigation of these ten worst riot cases.

While the Justice G T Nanavati Commission, probing the Godhra incident and the post-Godhra riots, declined to consider the mobile phone records on the ground that it could be legally challenged, the Justice U C Banerjee Commission, which went into the Godhra attack, took note of the details but did not place it on record. The SIT has taken full cognizance of these CDs without questioning their authenticity.

In November 2004, leading Indian daily, The Indian Express, had first highlighted the mobile phone details showing whop spoke to whom and for how long during the February 25, 2002 (two days before the attack on the Sabarmati Express) to March 4.

The media investigated that the top police officers were in touch with some of the riot-accused, that BJP MLA Maya Kodnani and VHP leader Jaydeep Patel — both have now been declared absconders — were in the riot-hit areas at the time of the massacres, and that top police officers knew ex-Congress MP Ehsan Jafri was being burnt but did nothing to help him.

IPS officer Rahul Sharma, now a DIG with the CBI (Economic Offences) in Mumbai, had submitted copies of the CDs to the SIT in June 2008 when he was called to depose. As DCP (Control Room) in Ahmedabad, he had tracked the phone records and compiled them in CDs.

“I had submitted copies of these CDs before the Justice Nanavati and Justice Banerjee inquiry commissions. This was the third set of copies I had with me,” Sharma said in his statement to the SIT.

The SIT has relied heavily on the interpretation of the data in the CDs. “It took us almost six months to analyse this huge data. It was on the basis of these findings that we got a clear picture of who was where on February 28, 2002 and we prepared questionnaires for the accused and suspects accordingly,” said an SIT officer who did not wish to be identified.

In October 2004, Sharma, appearing before the Nanavati Commission, caused a stir when he took out copies of the CDs from a bag and placed it before the panel. Shunted to Surat after the riots, Sharma kept a copy of the CDs. “The Nanavati Commission never used these CDs as a piece of evidence. Part I of the report which was tabled in the state Assembly last year makes no mention of these CDs,” said Mukul Sinha, advocate for rights group Jan Sangharsh Manch.

In 2005, Sharma submitted copies of the CDs to the Banerjee Commission. “Since the inquiry commission focused only on the Godhra carnage, these records, which mainly contained calls made in and around Ahmedabad, were not of much use to the Commission though it did take note of these CDs,” said the SIT officer.

11 February 2009
 

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