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Compensation to  Gujarat Riot Victims

 

Public Meeting

Fatwa on Terrorism issued by Mufti Fuzail-ur-Rahman Hilal Usmani
(Pronounced in person at a Public Meeting, “Citizens Against Terror”, organized by Citizens for Justice and Peace, Muslims for Secular Democracy and others in Mumbai on July 27, 2006).

Text of Fatwa: Hindi | Urdu | Marathi | Gujarati

Message from Sajjadanashin Of
Hazrat Khwaja Saheb,
Ajmer Shari
f

Press Coverage of Meeting

Statement of Condemnation
(Mumbai Blast)

 

Details of Second Odh Case
(Judgement Scheduled for May 4 2012)

The Citizens for Justice and Peace has retained two advocates Shri Irshad Mansuri and Nasir Shaikh for both Odh Trials. Several of the injured witnesses were not examined by the SIT but deposed in the Court after we made applications before the Trial Court. Like others, this trial was stayed on November 21, 2003 and stay lifted on May 1, 2009 when Trials began. On March 26, 2008 the SC transferred Investigation to the SIT.
 

SUMMARY:-

Khambolaj police station I.C.R.No. 27/02 (SC No. 44/08)

Complainant  :-  Rehana Yusufbhai Vohra

Judge R.M. Sarin

Special P.P -  Shri. B.C. Trivedi

15.6.02  Charge Sheet filed on in case No. 833.02 umreth Court

Total Nos of Deaths. Three

 (1) Ayesha Abdulbhai Vohra (2) Nuriben gafurbhai Vohra  3) Kaderbhai Ishmailbhai Vohra

Total Accused :- 41  (Kantibhai Manabhai Chavda & Others)

Charge Framed against Accused  - 37 (charge Date 29/9/09)

After CRPC 319 Application filed by Injured Witnesses, Granted 4 Accused Add (Charge date 30/4/11) with sections --IPC 143, 147,148, 149, 302, 436, 440, 451 with 149, 307, 435, 120B  with 34, 395, 295, 297, & BP Act 135(1)

Total witnesses Examined  - 67 (23/9/11)
Doctors-14, Police-03, Mamlatdar- 02 Fire Brigade-01, Ex-maji-01, police Photographer-01, Hostile-16 Punch – 8

Total documents produced :- 98 documents produce from Ex 74 than after another document produced between Examination of witness

Absconding Accused (1) Natubahi Satabhai patel  (2) Ankurbhai Shahpurbhai Patel  (3) Samirbhai Vinubhai patel (4) Rocky @ Rakesh haribhai patel (5) Mohan @ Shashin Rameshbhai patel (6) Nikul Ravjibhai Patel

25/11/09   Application field by injured Witness under CRPC 173 Ex 211

21/10/09   Application rejected Ex 211

Arvindbhai Bhagabhai Patel passed away (died) during the trail (9/2/12)

9/6/10       Ex 288 CRPC 319 Application filed to arraign Four More accused by Injured Victim Witnesses

29/7/11     Ex 345 CRPC 319 Application file

4/12/10     Ex 288, Ex 345, The Application was Partly Allowed against 4 Accused (who were not arraigned by the SIT)            (1) Bhavesh Manubhai Patel  (2) Bipinbhai Manibhai , (3) Suresh @ Somaya  (4) suresh @ Tato  

12/11/11    Judge visited place of offence, 23/2/12     24/2/12   For FS

2/3/12        Defense Witness Examined (Mahendra Ambalal Patel owner of Shiv Sadan)

28/3/12     Argument s of the Defence completed

2002         IO K R Bhua (CPI) SIT IO H C Pathak

 6/3/2002 Accused No. 1 to 7 Arrested at 11.30

14/4/2002 Accused No. 8 to 44 Accused Arrested  at 17.30 but those all Acussed were released on Anticipatory Bail through an Order dated 6/4/2002

Accused No. 1 to 7 was release on bail on date 20/3/2002 order of session Court CRMA No. 169/02 (in thia Application Mahendra Ambalal Filed affidavit)

Background

Ode village, Khambolaj police station, Anand Police Station Khambolaj Taluka

Umreth; District: - Anand:

Date of Incident (s)1-3-2002 and 2-3-2002

Time of the Incident(s)  Between 11 and 3 p.m. in the afternoon (This is the second incident)

 

On 1-3-2002, the three torching alive incidents of 23 + 3 + 1 human beings being burnt alive took place.

On 2-3-2002, a man was torched alive on the street


At about 12.30 p.m.-1 p.m.


Twenty-seven persons were killed here over three separate incidents, one in which 23 + 3 + 1 were burnt alive on 1-3-2002 and one more was torched on the street the next day, i.e. 2-3-2002.

 

The FIRST FIR 23/2002 and the Second FIR 27/2002 relates to the incidents of the first day. In between a police officer also filed an FIR 25/2002. No FIR was originally lodged related to the offence of torching alive Ghulam Rasool Miya on 2-3-2002 the next day despite repeated complaints to police and the Trial Court. Of these 27 persons, 23 were killed on 1-3-2002 in the Piravali Bhagol area of Ode, 3 persons in 1-3-2002 in the Mal Bhagol area of Ode and one person on 2-3-2002 in the Surivali Bhagol area of Ode. Two FIRs have been lodged at the Khambolaj police station. The first is C.R.No.23/2002. U/s. 302, 148, 149 etc. and the name of the complainant is Rafiq Mohammed Abdulbhai Khalifa. The second FIR lodged with the Khambolaj police station is C.R.No.27/2002. The complainant’s name is Rehanaben Yusufbhai Vohra. 22 accused were arrested in both cases. (FIR attached)

 

Bail was granted immediately in this mass carnage case also. I crave leave to  refer to the bail orders at the time of hearing of the Petition.Many of the accused shown as absconding accused are wealthy NRI Patels who enter and leave the country despite having been party to such a heinous crime. Eye witnesses live out in their agricultural fields and cannot step back and live in Ode own—the price for having taken the decision to fight for justice.The remand application for the accused was rejected by the judicial magistrate, first class, Umreth, though the crime has been classified as not just grave but heinous. A revision for remand was made by the police before the sessions court, Anand, in both the cases.  During the tendency of the remand revision application, 18 accused were released on interim-bail for 8 days to celebrate the festival of Shivratri in 2002. Finally, 16 accused who were members of the unlawful assembly which committed this heinous crime of burning alive 26 persons were released on regular bail by the sessions court, Anand. This action of the lower judiciary has generated a sense of injustice and outrage.  There was undue haste in granting Bail. Applications & Orders       
 

a) Fifteen accused persons preferred bail application No:- 112/2002 before the Additional Sessions Judge at Anand on 8.3.2002. The learned prosecutors Shri Pathak appeared on behalf of the State. The learned judge Shri N.N. Thakere by his order dt. 20.3.02 released 9 accused out of 15 accused on bail. Relevant para 4 of the order is important. 

b)  The other 18 accused had preferred an anticipatory bail application No:- 246/2002 u/s 438 of the Code on 15.4.02. Shri M. S. Pathak appeared for the state as P. P. The learned judge Shri B.M. Modi was pleased to release the accused on anticipatory bail by his order dt 20.4.02

c)   Then accused in Cr. Misc application No 417/02 (Rejected on 20.3.02) and 5 accused (rejected on 20.3.02) prefered a Misc Cri application No 418/02. Both these applications were allowed. The P.P. Shri V.G. Parlot appeared as P.P. and learned Judge Shri B.M. Modi released the accused on bail. In both these applications, the P.P. did  not oppose the bail but consented. A total of 39 accused arrested by 
Police and Released on Bail. Absconding Accused shown are as high as 57. From the 39 accused who were released on Bail, 5 went to 
America.     

 A total of 27 persons lost their lives. The complainants say that only four deaths are confirmed and the remains of the other victims have been disposed of at some unknown location. The first FIR 23/2002 relates to the incident of 1-3-2002 and the FIR 27/2002 relates to the incidents of 3 persons being torched alive in a house.  In between a police officer also filed an FIR 25/2002. The police continued the FIR dtd 1-3-2002 and clubbed the two offences into one.  Victim survivors have filed complaints about the clubbing of offences to Nadiad Court.   Annexed hereto are the FIRs related to the Ode Massacre as Annexure A (colly). Attached and annexed hereto as Annexure B (colly) is the complaint filed by witness No. 26 Rafik Md. Gulam Rasool Syyed dated 25-09-2003 before the Nadiad Court about this FIR being registered and other complaints he filed before the other officials. In this complaint, the witness has also mentioned that earlier requests/complaints lodged before different authorities giving information about this incident and asking that a complaint be lodged separately were made but unfortunately not heeded.:

 

           a.   On 5/3/2002 complaint to DSP Anand

           b.   On 9/7/02 Departmental Police Officer SP, Anand

           c.   On 24/7/02, Police Inspector (illegible) Police Station M.D.S.P. Anand, Home Minister, Chairman of Minorities Commission Board

Efforts have therefore been made by witness complainants from the outset to get investigation matters rectified but have gone unheeded by the authorities in the state of Gujarat. No separate complaint about the incident on 2/3/02 has been admitted, nor have investigations been carried out in relation to it.In the ODE massacre, major accused are out on bail, five are ABROAD. Many were given anticipatory bail. None of this has been challenged by the State.

 There was no fire fighters inside Ode until 1500 hours on 2-3-2002 which is virtually 24

hours after the attack began. According to the State, “ First firefighter was called for

extinguishing the fire in houses and the shops. Fire fighter could reach Ode on 2-3-2002 at 1500 hours (emphasis added).”  On the very next page, page 7 the state government contradicts itself stating that 200 homes and shops were put on fire but “due to non availability of fire fighters the fire in the shops and home continued till extinguished on 2-3-2002 after 1500 hours.” (emphasis added)

 

Close to 24 hours fires that had burnt alive people in Ode village raged unchecked

because of fire fighters either not being summoned until the next day or not being

available. Any which way that one looks at it, it is unavoidable to conclude that there

was mass mayhem in Ode village, that the police present there were either mute

spectators or connived in the violence. It is also not clear as to the efforts made to put out the fires and rescue trapped people in the burning houses before the fire fighters arrived, the manner in which the survivors were brought, information on any inquiry lodged into the non requisitioning of the fire brigade, or their non availability or their delay in coming to the rescue and any  inquiry lodged into the conduct of police personnel after complaints received by victim survivors.

The Citizens for Justice and Peace has retained two advocates Shri Irshad Mansuri and Nasir Shaikh for both Odh Trials. Several of the injured witnesses were not examined by the SIT but deposed in the Court after we made applications before the Trial Court. Like others, this trial was stayed on November 21, 2003 and stay lifted on May 1, 2009 when Trials began.

 

 FIR

Chargesheet

 List of witneses

Charges Framed

List of accused

Arguments

 


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