Since 2003, when Citizens for Justice and Peace (CJP) took up
first, the Best Bakery case, and thereafter intervened in the NHRC case
(concerning trials that are now being reinvestigated by the SIT), it has
highlighted the subversion and dubious functioning of the public prosecutor
in Gujarat. In detailed affidavits submitted to the apex court
between October 2003 and May 2007, CJP has constantly exposed the designs of the
state of Gujarat in deliberately subverting the position of public prosecutor by
appointing men who had overt sympathies with the ideology of the RSS and the BJP.
These lawyers, instead of functioning as officers of the courts to safeguard the
Indian Constitution, served the interests of the ruling party and the accused.
They assisted courts in granting hasty bail to mass murderers within months of
the crime.
The mainstream media, tragically unconcerned with this
deliberate subversion of the criminal justice system, did not bother to dwell on
these facts or analyse them in lofty editorials. Chief Minister Narendra Modi
who, in the run-up to the 2009 polls, was the most interviewed politician on
television channels, including Times Now, CNN-IBN and Headlines Today, received
kid-glove treatment from a media that is otherwise almost hysterically abusive
about the ‘political’ class.
Chetan Shah, Ahmedabad. First appointed public
prosecutor in the Gulberg Society massacre case in 2003, he had previously
appeared for the accused in this and the Naroda massacre cases.
Witnesses made an application to the then state law minister, Ashok Bhatt, in
September 2003, which was also produced before the apex court. Shah was replaced
by his junior, VP Atre.
During the Supreme Court proceedings, Harish Salve, amicus
curiae, had, in his written submissions dated March 22, 2007 filed in the
Supreme Court, stated that "the state of Gujarat does not have significant reply
to the allegations (made by victim survivors and CJP) that the appointment of
public prosecutors was done in a manner inconsistent with the rights of the
victims under Article 21 (right to life) and in breach of the duty cast upon the
state under the Code of Criminal Procedure."
VP Atre, Ahmedabad. A junior to Chetan Shah,
whose conduct has also been suspect.
Vinod Gajjar, Ahmedabad. He was appointed by the
state of Gujarat in 2006 to appear on its behalf before Judge ML Mehta,
additional sessions judge, Delhi, who was appointed by the Supreme Court to
scrutinise the voluminous case records in the NHRC case. Gajjar had previously
appeared for some of those accused in the Gulberg Society massacre case.
Dilip Trivedi, Mehsana. He was and is the
general secretary of the state VHP and heads the organisation’s 12-member
lawyers’ panel. He appeared for the state in matters relating to the Sardarpura
carnage, in which 33 persons were burnt alive on March 1, 2002, where all 46
accused were released on bail. (A day after they were released some of them
allegedly attacked a mosque). When the witness complainants filed an application
in the Gujarat high court objecting to Trivedi’s role, additional public
prosecutor, SJ Dave said the government would consider the appointment of a
special public prosecutor but it would not make a firm commitment. Trivedi was
removed from the Deepda Darwaja case (one of the two major incidents in Mehsana
district) and replaced with Rajendra Darji. There is no order on record removing
him from the other trial.
Bharat Bhatt, Sabarkantha. He was the public prosecutor in
2002 but he was also the VHP’s district president. He is on record as saying
that he has been doing his best to help the accused in 2002 riot-related cases
(in the Tehelka exposé following its sting ‘Operation Kalank’).
Avadhoot Sumant, Vadodara. In early August 2003 he
had demanded that the Gujarat high court initiate contempt proceedings against
the NHRC for calling the Best Bakery case verdict of July 2003 a miscarriage of
justice. Three days after his public declaration to this effect, Sumant was
appointed assistant public prosecutor in the case.
Sanjay Bhatt Vyas, Vadodara. Vadodara’s assistant public
prosecutor is the nephew of Ajay Joshi, VHP’s city unit president in 2003. An
advocate himself, Joshi was a defence counsel in the Best Bakery case.
PS Dhora, Anand. He is allegedly an RSS sympathiser.
Piyush Gandhi, Panchmahal. The president of
Panchmahal’s district VHP unit in 2002-03 and a member of the VHP’s lawyers’
panel appeared as public prosecutor in the district’s carnage cases and obtained
acquittals in three trials between July and November 2002.
Raghuvir Pandya, Vadodara. As prosecutor for the city
police in 1996, he contested elections to the Manjalpur Corporation from Ward
20, Kesariya (south), Vadodara, on a BJP ticket. During the Best Bakery trial in
April-May 2003, before the fast track court of Judge HU Mahida, all matters were
handled by the then public prosecutor, Mr Gupta. But at the time of
interrogation of witnesses (who had turned hostile) Raghuvir Pandya was suddenly
appointed public prosecutor.
HM Dhruva. A sudden and recent appointment to the SIT panel
of prosecutors in April 2009, as reported in The Indian Express,
Ahmedabad. Dhruva previously appeared as public prosecutor when the Godhra train
fire case was being tried under the Prevention of Terrorism Act (POTA) and
where, during proceedings, he demonstrated a clear bias against the accused.
According to information received through a Right to Information (RTI)
application filed in 2006-07, Dhruva, as special public prosecutor in one of the
Godhra cases, officially received fees amounting to more than Rs 92 lakh, eight
or nine times what was earned by prosecutors in other 2002 trials..
Arvind Pandya, Ahmedabad. The state government’s counsel
before the Nanavati-Shah Commission, who cast aspersions on the judges.
According to him, Nanavati is after money and Shah is sympathetic to "them" (Tehelka,
‘Operation Kalank’).
No contempt of court proceedings have been initiated against
Pandya for this insult to the Gujarat judiciary.
JM Panchal, Ahmedabad. He has been appointed public
prosecutor in the past when major lapses were found in investigation.
Sudhir Brahmbhatt, Ahmedabad. He has been appointed public
prosecutor in the past when major lapses were found in investigation.
SC Shah, Anand. He has been appointed public
prosecutor in the past when major lapses were found in investigation.
MS Pathak, Anand. In 2002 he was public prosecutor in
the Odh massacre case where hasty anticipatory bail was granted to the accused.
The judiciary
The story of the subversion of the criminal justice system in
Gujarat by officers of the state from Chief Minister Modi downwards includes the
unseemly influence exerted on the state judiciary for prompt granting of bail to
all those accused in the post-Godhra massacres. In stark contrast, 86 persons
accused in the Godhra train fire case, all Muslims, were and still are in jail,
having been denied bail for more than seven years. (Five of them died in
custody.)
The pursuit of justice for the victims in the post-Godhra
massacre cases through a sustained intervention by the apex court has been an
arduous process. In 2004, a year after the former chief justice, VN Khare,
appointed Harish Salve as amicus curiae, the Gujarat government made shameful
efforts to mislead the court on the issue of granting of bail to the accused.
When CJP, acting as a constant watchdog, called attention to this shamefaced
lying by the Gujarat government, the amicus curiae commissioned it in July 2004
to translate hundreds of pages of bail orders to prove that the Gujarat
government was wrong and had been lying to the court. This task was completed
within a month. The result revealed to both the amicus curiae and the Supreme
Court the lengths to which the state of Gujarat would go in order to conceal the
facts from the apex court.
This was seen in cases relating to the Gulberg Society massacre,
the Naroda Patiya and Naroda Gaon massacres as well as the killings at
Sardarpura and Odh. In fact, in Odh in Anand district, a judge even granted
anticipatory bail to the accused, some of whom then ran off abroad! This
subversion of justice was systematically executed between March 2002 and 2003
when acquittals in many of the cases relating to the major massacres also took
place. Apart from the Best Bakery case, there were acquittals in the Pandharwada
case (Panchmahal district, where 42 persons were killed) and Kidiad cases (Sabarkantha
district, where 62 persons were burnt alive at Limbadiya Chowky as they
attempted to flee in tempos). If the apex court had not intervened and stayed
the trials (now being reinvestigated by the SIT) on November 23, 2003, there was
every likelihood that mass acquittals would have taken place. The media through
its piecemeal and sensationalised coverage has refused to grasp, or portray, the
systematic subversion of the justice process within Gujarat.
Babu Bajrangi (Patel), principal accused in the Naroda Patiya
case, was granted bail within months of the carnage. Since then he has blatantly
committed more crimes. He told Tehelka during its sting operation that
Modi had changed three high court judges to ensure that Bajrangi was granted
bail! Akshay Mehta, a high court judge who granted bail to a large number of
those accused in the post-Godhra killings in various cases was, after
retirement, appointed colleague to Justice Nanavati of the Nanavati-Shah
Commission when Justice KG Shah passed away.
Surely such deep levels of subversion require systematic
investigation?