What a shock and shame that India’s fair
secular name should suffer dastardly disgrace through the recent
government-abetted Gujarat communal rage, compounded by grisly genocidal
carnage and savage arsonous pillage, victimising people of Muslim
vintage—and ‘unkindest cut of all’— allegedly executed with the monstrous
abetment of chief minister Modi, his colleagues and party goons. The
gravamen of this pogrom-like operation was that the administration
reversed its constitutional role and, by omission and commission,
engineered the loot, ravishment and murder which was methodically
perpetrated through planned process by chauvinist VHP elements, goaded by
terrorist appetite. What ensued was a ghastly sight the like of which,
since bleeding partition days, no Indian eye had seen, no Indian heart had
conceived and of which no Indian tongue could adequately tell. Hindutva
barbarians came out on the streets in different parts of Gujarat and, in
all flaming fury, targeted innocent and helpless Muslims who had nothing
to do with the antecedent Godhra event. They were brutalised by miscreants
uninhibited by the police; their women were unblushingly molested; and
Muslim men, women and children, in a travesty of justice, were burnt
alive. The chief minister, oath-bound to defend law and order, vicariously
connived at the inhuman violence and some of his ministers even commanded
the macabre acts of horror.
There was none to question the
malevolent managers of communal massacre. The criminal outrage, there was
none in uniform to resist, not even to record information of the felonies.
Nor was there any impartial official to render succour or assure civilised
peace. When government failed and the local media distorted the truth, the
fascist trend flourished and the barbaric, fanatic, rapist human animals
remained unchecked.
Awakened by this sinister scenario, people of
conscience, all over the country, felt the gory, catastrophe merited
investigation. Thus was set up a committee of enquiry formally headed by
me, but actively and functionally managed by a great young lady—Teesta
Setalvad. She organised the services of eminent judges whose retirement
would not inhibit them from throwing all their energy to the enquiry
process—a signal public service. A great team, valiant paradigm, joined
them. They collected
evidence of the gruesome events, lethal
incidents, vicious environs and the complicity of people in authority who
were vicariously guilty of the indescribable offenses. Those who sat on
the committee—they were superannuated judges, a militant marvel of an
advocate and four other noble public figures—made great sacrifice and
rendered free service. They were experienced as judges and seasoned social
activists, and knew what a judicial enquiry called for—an objective, yet
sensitive examination of the overall holocaust. They pooled testimonies
sought from official and non-official sources, and pooled all probative
material. People came and gave evidence, some officials showed up to
unfold what they knew had happened. The Tribunal toured, restlessly strove
to get at the traumatic truth and were guided by the necessity of hearing
both parties. Grievances poured in. Tears and fears were placed before the
Tribunal. I was there only for a day and, therefore, cannot claim to have
participated substantially in the enquiry. But my colleagues have done an
anguished job, looking into tons of material, sifting and sorting and
producing a brave, massive report. I commend their task to the Indian
People. I cannot but condemn the culpable delinquency of those in power in
Gandhinagar nor, indeed, is it possible to absolve the Central rulers in
Delhi who failed to act and, perhaps, connived by omission, the harrying
operation in Gandhi Country; I mean Gujarat, where the greatest man of our
time was born, with the noblest example of secular symphony of religions.
Yet, action has to be taken against heinous culprits since justice shall
be done under the Indian Constitution. Be you ever so high, the law is
above you.
My message and my mission is the
presentation of an exhaustive report, which does credit to those (other
than me) who prepared, sedulously and feelingly, findings which they were
commissioned to do by their conscience and the nation.
There are tragic, traumatic conclusions
and creative, corrective recommendations. There are measures, punitive and
rehabilitative, for victimological constitutional action. My task is to
place the report before the people. Know ye the Truth and the Truth shall
make you Free—provided We, the people of India, act promptly and
fearlessly.
The melody of communal unity, the beauty
of religious amity and the secularity of Indian humanity—these glorious
values are the mission and message to the nation. Let us struggle to
sustain this supreme value, lest we, as a people, perish by divisive
ideology. The Gujarat episode is an evil event and disastrous portent. Let
us battle for the success of our pluralist culture, secular heritage and
social-justice-illumined democracy. India must win! The integrity of our
fraternity shall never surrender to berserk, blood-thirsty political
bestiality.
October 24, 2002
Justice VR Krishna Iyer