Reward and punishment
The role of the Gujarat government in constructing the
conspiracy theory behind the Godhra train arson and engineering the post-Godhra
genocide has now been well documented. The report of the Concerned
Citizens Tribunal also documented the names of officers and bureaucrats
with a clear nexus to the sangh parivar (Crime Against Humanity –
Volume II, Findings and Recommendations).
As far back as April 24, 2002, the then ADGP, RB Sreekumar
recorded in a confidential report of the State Intelligence Bureau (which
was also submitted to the Nanavati-Shah Commission) that "The inability of
the Ahmedabad city police to contain and control violence unleashed by
communally oriented mobs created an atmosphere of permissiveness and this
eroded the image of the police as an effective law enforcing machinery in
society, particularly among the lumpen and underworld segments… Many
senior police officers spoke about officers at the decisive rung of the
hierarchical ladder viz. inspectors in charge of city police stations
ignoring specific instructions from the official hierarchy on account of
their getting verbal instructions from senior political leaders of the
ruling party."
Worse still was the consistent policy followed by the
state government to punish those officers who performed their duties
according to the law and to reward those who promoted killings, rape and
arson by going along with the unlawful plans of the chief minister and his
party during and after the 2002 genocide. For example:
Punishment
Ø RB Sreekumar:
The former ADGP (intelligence) was transferred to the insignificant post
of ADGP (police reforms) in September 2002. The transfer was ordered
following Sreekumar’s determined efforts to uphold the law and expose the
Modi administration’s nefarious activities during and after the 2002
violence. Between July 2002 and October 2005 Sreekumar filed four
affidavits before the Nanavati-Shah Commission that provided startling
evidence of the chief minister and his administration’s complicity in the
genocide, their continuing anti-minority actions and their unrelenting
efforts to obscure the truth. In early 2005 Sreekumar was superseded for
promotion to the post of DGP, Gujarat, a decision that he challenged
before the Central Administrative Tribunal. Although the tribunal
ultimately ruled in his favour, the order was delivered on the day
Sreekumar retired from service on February 28, 2007.
Ø Rahul Sharma:
The former SP, Bhavnagar, was transferred to the relatively unimportant
post of DCP (control room) on March 24, 2002. Sharma’s strong actions to
quell rioting mobs in Bhavnagar helped bring a volatile situation under
control. On March 1, 2002, he prevented an attack on a madrassa
that housed over 400 Muslim children by opening fire on the mob. Sharma
refused to release the 21 persons/leaders belonging to the sangh parivar
who were arrested for the attacks in Bhavnagar despite being under immense
pressure to do so. In July 2002 Rahul Sharma was transferred to the post
of SRPF commandant for opposing the anti-minority stance adopted by the
Ahmedabad Crime Branch in the investigation of Ahmedabad city carnage
cases. On July 1, 2002 Sharma filed an affidavit before the Nanavati-Shah
Commission. In October 2004 during his deposition before the commission he
produced extensive data in the form of mobile phone records that implicate
both politicians and policemen in the rioting. Rahul Sharma is currently
on deputation as SP, CBI.
Ø Vivek
Srivastava: The former SP, Kutch, was transferred to the post of DCP
(prohibition and excise) in March 2002. Srivastava had arrested a
commandant of the Home Guard with known VHP links who was creating trouble
in the border district. He carried out the arrest despite instructions to
the contrary from the chief minister’s office.
Ø Himanshu Bhatt:
The former SP, Banaskantha, was transferred to the Intelligence Bureau at
Gandhinagar in March 2002. Bhatt initiated action against a sub-inspector
who had assisted a rioting mob. The sub-inspector concerned, who had
important political connections, was reinstated from suspension and
resumed his duties at the same police station.
Ø MD Antani:
The former SP, Bharuch, was transferred out of Bharuch to Narmada district
in March 2002. Antani took action against some BJP/VHP supporters creating
trouble in Bharuch.
Ø Satishchandra
Verma: The former Range DIGP, Bhuj, was transferred in March 2005 to
the post of officer in-charge, SRP Training Chowky, Sorath, Junagadh, a
post usually occupied by officers at the level of SP. The transfer was
effected by upgrading the post from the level of SP to DIGP. Verma was
transferred after he ordered the arrest of a BJP MLA from Banaskantha for
his involvement in the murder of two Muslim boys during the 2002 violence.
He carried out the arrest after fresh investigation entrusted to him as
part of the review of about 2,000 riot related cases initiated under
orders from the Supreme Court in August 2004.
Ø Jayanti Ravi:
The former collector, Godhra, is now on deputation to the central
government. Ravi maintained that the Godhra burning was an accident and
firmly advised the chief minister against taking the bodies of Godhra
train victims to Ahmedabad on February 27/28, 2002. It was these
interventions that compelled the cavalcade to go by road, the initial plan
being to take the burnt coach further. Following the outbreak of violence,
there had also been large-scale arrests of BJP/VHP workers on rioting
charges in areas within her jurisdiction.
Ø Neerja Gotru:
The SP (prohibition), Ahmedabad, was appointed special investigating
officer assigned to reopen investigations in some riot related cases after
the Supreme Court’s intervention in late 2003. Gotru reinvestigated riot
related cases in Dahod and Panchmahal districts and managed to reopen some
of them successfully. She was asked to wind up her probe in September 2004
soon after she ordered the arrest of a police sub-inspector who had burnt
13 bodies of the victims of the Ambika Society massacre at Kalol, all of
them Muslim, in an attempt to destroy evidence. She was also instrumental
in pursuing arrests in the Delol massacre case, which the same
sub-inspector had closed "for want of evidence".
Rewards
Ø G. Subbarao:
The former chief secretary was given a three-month extension in his post
and also appointed chairman of the Gujarat Electricity Regulatory
Commission for six years from May 2003. Occupying the senior-most position
within the state bureaucracy in 2002, Subbarao coerced officials to
support the unlawful policies of the Modi government and even instructed
officers to ‘eliminate’ minorities.
Ø Ashok Narayan:
The former additional chief secretary (home) was given a two-year
post-retirement position as Gujarat state vigilance commissioner. He was
selected for this sensitive post despite the fact that his conduct and
performance as former additional chief secretary is currently under
scrutiny at the Nanavati-Shah Commission. Narayan helped the Modi
government to carry out its anti-minority policies during and after the
2002 violence. He further demonstrated his allegiance to the chief
minister by not revealing anything adverse in his affidavit before the
commission and during his cross-examination before the commission in
August 2004. Moreover, he did not file a second affidavit under the
commission’s second term of reference (probing the chief minister’s role
in the violence).
Ø PK Mishra:
The former principal secretary to the chief minister and chief executive
officer, Gujarat State Disaster Management Authority (GSDMA), was later
appointed to the important post of additional secretary, ministry of home
affairs, Gujarat. He was also sent on several foreign jaunts in his
capacity as chief of the GSDMA. Mishra was rewarded for his services to
political masters as dedicated collaborator in the chief minister’s
anti-minority drive. PK Mishra is currently principal secretary in the
department of agriculture and cooperation of the union ministry of
agriculture under the Nationalist Congress Party’s Sharad Pawar.
Ø AK Bhargava:
Appointed DGP, Gujarat, in February 2004, Bhargava was allowed to hold the
additional charge of MD, Gujarat State Police Housing Corporation Ltd.,
controlling an annual budget of Rs 200 crore. As DGP, he readily
cooperated with the government in protecting the BJP’s political interests
in the matter of review of about 2,000 riot related cases, the Pandharwada
mass graves case, the harassment of upright officers, compliance with the
government’s illegal directives, and so on.
Ø PC Pande:
The former CP, Ahmedabad city, was inducted into the central government by
the NDA in March 2004, to the prestigious post of additional director,
CBI. Pande’s appointment to the CBI was challenged by Citizens for Justice
and Peace (CJP) in the Supreme Court and he was directed by the
apex court not to have anything to do with the Gujarat cases. Pande was
then transferred to the post of additional director-general of the
Indo-Tibetan Border Security Force in October 2004. In April 2006 Pande
was appointed to the post of DGP, Gujarat, after which a second approach
to the Supreme Court by CJP has once again led the court to direct him not
to be involved in the investigation of riot related cases. It is
relevant to note that Pande’s appointments to these influential posts are
rewards for his services in facilitating the massacre of nearly 1,000
persons in Ahmedabad city during the 2002 riots, 95 per cent of them
Muslim, and for shielding the Hindu perpetrators from arrest during the
investigation of riot cases.
Ø Kuldeep Sharma:
The former Range In-charge, IGP, Ahmedabad Range, was promoted to the post
of ADGP (crime), Gandhinagar. Sharma was rewarded for facilitating riots
in the rural areas of Ahmedabad Range (the districts of Ahmedabad Rural,
Kheda and Anand). He has also not filed any affidavits before the Nanavati-Shah
Commission.
Punishment: Interestingly, in July 2005 Sharma was
shifted to the post of ADGP (training) for failing to book danseuse and
social activist, Mallika Sarabhai, accused in a false case of cheating and
other offences, and for failing to protect a minister in the Modi cabinet
– Prabhatsinh Chauhan – involved in a case of criminal misappropriation.
Ø MK Tandon:
The former Joint CP, Ahmedabad city, was transferred to the "lucrative"
Surat Range post in May 2002 and later promoted to the post of ADGP,
Gandhinagar. In July 2005 Tandon was appointed to the post of ADGP (law &
order) at the state police headquarters, a position with statewide
jurisdiction. Tandon was rewarded for his services in facilitating the
carnages at Gulberg Society, Naroda Patiya and elsewhere in Ahmedabad city
where hundreds of Muslims were killed during the riots in 2002.
Ø Deepak Swaroop:
The former Range Officer, Vadodara Range (covering the districts of
Vadodara Rural, Godhra, Dahod and Narmada), was appointed CP, Vadodara, in
February 2005. In charge of an area that witnessed ghastly incidents of
violence in 2002, Swaroop is noted for his sustained inaction in the face
of marauding mobs. He also narrowly escaped reprimand for concealing facts
vis-à-vis investigation into the Best Bakery case by sessions judge, Abhay
Thipsay, during the retrial of the case in Mumbai.
Ø K. Nityanandam:
The former home secretary was promoted to the post of CP, Rajkot city, in
February 2005, a promotion effected by upgrading the post by two levels,
from DIG to ADGP. Nityanandam was rewarded for his services as home
secretary from 2001 to 2005, in particular for manipulating statistics and
fabricating and drafting pro-government reports that were submitted to the
NHRC and the courts.
Ø Rakesh Asthana:
Although a junior IG, Asthana was appointed to the post of IGP of the
important Vadodara Range in April 2003. He was rewarded for zealously
pursuing the government’s conspiracy theory with regard to the Godhra
incident in his capacity as head of the Special Investigation Team probing
the Godhra train arson.
Ø AK Sharma:
The former SP, Mehsana, was appointed to the post of IGP, Ahmedabad Range,
an important jurisdiction, an appointment that was achieved by downgrading
the post. In early December 2002, prior to the Gujarat assembly elections,
AK Sharma was removed from the post of SP, Mehsana, under instructions
from the election commission who believed his presence would not be
conducive to the conduct of free and fair elections in the district. He
was however reinstated as SP later that month. Sharma was rewarded for his
services during the riots of 2002. It was under Sharma’s jurisdiction that
Mehsana district witnessed gruesome incidents of mass carnage, including
the massacre at Sardarpura.
Ø Shivanand Jha:
The former Addl. CP, Ahmedabad city, was appointed home secretary in
February 2005. As Addl. CP, Jha headed the team that assaulted
representatives of the media and social activists – including Narmada
Bachao Andolan leader, Medha Patkar – at a peace meeting in Ahmedabad in
April 2002. He was then transferred to the post of DIG (armed units),
Rajkot, an appointment achieved by downgrading the post. Jha was rewarded
in view of his services during the 2002 riots and for making no adverse
revelations about the government before the Nanavati-Shah Commission. As
home secretary, Jha is currently handling the preparation of reports
defending the government in all matters relating to the 2002 riots and
subsequent developments, to be presented to the courts and other bodies.
Ø Sudhir K.
Sinha: The former CP, Vadodara city, from June 2003, was appointed CP,
Surat city, in February 2005, a post that many consider the most
"profitable" one in the Gujarat police. Sinha was rewarded for his
services in turning the key prosecution witness in the Best Bakery case,
Zahira Shaikh, hostile, an event that occurred during his tenure as CP,
Vadodara city.
Ø DG Vanzara:
Appointed DIG, Anti-Terrorism Squad, in July 2005, Vanzara’s appointment
was effected by downgrading the post from the level of IGP to DIGP. He was
rewarded for ‘eliminating’ several Muslims in so-called police encounters
during his tenure as DCP, Ahmedabad Crime Branch, from May 2002 to July
2005. Vanzara is currently in jail for his involvement in the Sohrabuddin
Sheikh encounter case.
Subservience of the IPS association
Ø The terror
instilled in the minds of the Gujarat bureaucracy is evident in the fact
that the IPS association’s Gujarat unit did not dare to convene a meeting
until about three years after the genocide. A meeting of the IPS
association’s Gujarat unit was finally convened in August 2005 with an aim
to install a pro-government group of officers as office bearers. A
campaign was launched to install DG Vanzara as secretary (the main
functionary in the association) without holding any elections at all.
Fortunately, however, elections were held and DIGP Satish Verma defeated
Vanzara by a margin of 13 votes (Verma won 31 votes while Vanzara won 18).
Ø The Gujarat
police force has about 8,000 vacancies at the constabulary level and about
950 vacancies at the level of police sub-inspector (PSI). These vacancies
are in crucial functional posts. The inadequacy of trained and skilled
human resources has had damaging effects on the efficiency, dedication and
professionalism of the Gujarat police even as it undermines the quality of
service delivered to the people. Overworked and under tremendous stress,
the policemen at the constabulary and PSI level take the line of least
resistance in matters of policing vis-à-vis the interests of the ruling
BJP. Submitting to illegal directives from leaders of the ruling party is
the only way they can survive.
Ø As part of a
so-called economy measure, the state government has introduced a new cadre
of "Lok Rakshaks" under which persons are hired for policing (eventually
to replace the constabulary) at a meagre Rs 2,500 per month. A group of
senior citizens headed by former DGP, PB Malia, has filed a petition in
the Gujarat High Court asking that the scheme be declared illegal.
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