April 16, 2004
No Remore Even Now from
Modi
Press Release
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Yet, even after Supreme Court Judgment, Mr. Modi’s blame-shifting
rhetoric continues. [The Times of India, April 15, 2004, Page 3]
I fully agree with the Bar Council of Gujarat’s “deep concern” about
the morality of the Judicial System [The Times of India, April 15,
2004, Page 1]. However, my concern is over the lower court decisions
made in the Vadodara Trial Court and Gujarat High Court Baste Bakery
Judgement rather than the Supreme Court’s April 12 decision.
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Mr. Modi, the Chief Minister of Gujarat, made a statement during his
election campaign that “Aapne Gujaratiyo etle hatyarao, looterao,
balatkario ane miyaona na matha vandhnara”. (The Times of India
dated April 15, 2004, Page 3 "Gujaratis being branded as murderers,
says Modi") By saying so, he attempts to diffuse the responsibility
of the Gujarat Government – and particularly his own role – in the
Gujarat Carnage and shift the burden among the entire Gujarati
community. The overwhelming majority of major fact-finding reports,
including that of the NHRC, were careful to place their blame
particularly on the Government of Gujarat rather than the people in
general.
The Supreme Court’s recent decision in the Best Bakery case again
clearly condemns the state machinery and religious fanatics as the
directors of the 2002 Gujarat Carnage. The Gujarati community as a
whole is not identified as the culprit:
“When the ghastly killings take place in the land of Mahatama Gandhi
it raised a very pertinent question as to whether some people
have become so bankrupt in their ideology that they have deviated
from everything which was so dear to him. […] The fanatics
who spread violence in the name of religion are worse than terrorist
and more dangerous than an alien enemy. […] The role of the State
Government also leaves much to be desired. One gets a feeling
that there was really no seriousness in the State’s approach in
assailing the Trial Court’s judgment. […] The modern day “Neros”
were looking elsewhere when Best Bakery and innocent children and
women were burning, and were probably deliberating how the
perpetrators of the crime can be saved or protected. Law and
justice become flies in the hands of these “wanton boys”. When
fences start to swallow the crops, no scope will be left for
survival of law and order or truth and justice. Public order as well
as public interest become martyrs and monuments.”
Yet, even after Supreme Court Judgment, Mr. Modi’s blame-shifting
rhetoric continues.
Similarly, the Bar Council of Gujarat capriciously makes statements
to serve its interests and becomes active only on selected
occasions. The Council declared, “The transfer of the case to
Maharashtra certainly needs to be reviewed. Otherwise, the morale of
the legal fraternity and the whole judicial administration of
Gujarat are likely to be adversely affected.” (The Times of India,
April 15, 2004, Page 1 "Transfer will hit state judiciary") I fully
agree that there is cause for “concern” about the morale of the
Judicial System. But my concern is for the decisions of the lower
courts in the Baste Bakery case – those judgements of the Trial
Court of Vadodara and the High Court of Gujarat. On the contrary,
the Supreme Court Judgement has made its concern clear by stating:
“When an ordinary citizen makes a grievance against the mighty
administration, any indifference, inaction or lethargy shown in
protecting his right guaranteed in law will tend to paralyse by such
inaction or lethargic action of Courts and erode in stages faith
inbuilt in judicial system ultimately destroying the very justice
delivery system of the country itself.”
It is high time to disseminate the information in all major
fact-finding reports, the NHRC report, the Judgment of Trial Court
of Vadodara, the Judgment of the High Court of Gujarat and the
Judgment of the Supreme Court of India to understand the Gujarat
Carnage.
Rohit Prajapati, Vadodara
Human Rights Activist of Gujarat