Crime and Punishment in Gujarat: Case of Fatehsinh Chauhan

By TwoCircles.net special correspondent

Ahmedabad: Bharatiya Janata Party legislator Fatehsinh Chauhan, representing Rajgarh constituency in the state assembly, could not escape the long arms of law. He had ultimately to surrender to the police on Monday.


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But Chauhan’s roaming about freely and attending state assembly sessions for the last seven years, despite the fact that he was `wanted’ for his involvement in loot and arson of Muslim houses in as many as five villages of Panchmahals district during 2002 statewide anti-Muslim riots, is a testimony to the open collusion of the law and order machinery with the perpetrators of the heinous acts.

Chauhan, who won the assembly polls from Rajgarh in 2002 and 2007 elections, would have continued to roam about freely had he not made a mistake to call names to UPA chairperson Sonia Gandhi during the just concluded Lok Sabha polls.

During an election meeting of BJP at Lunavada, about 40 kms from Godhra, Chauhan in the last week of March this year had called Sonia Gandhi a `kutri’(bitch) and `vandri’ (she-monkey).

The local and state Congress leaders could not digest the offensive remarks of Chauhan, a tribal leader. The local Congress leaders managed to obtain the records of his speech from a local press photographer and submitted it to the local election officer J R Nanavati who lodged an FIR against the MLA.

Under pressure from the Congress leaders, police tried to arrest Chauhan. But he managed to evade his arrest. He was subsequently declared absconder under Section 70 of the Criminal Procedure Code.

Chauhan then made a bid to seek anticipatory bail from the Gujarat high court. As he was not sure of getting bail, he withdrew his application and moved a bail plea in Godhra sessions court where it is still pending for hearing.

Chauhan was accused of loot and arson of Muslim houses in Devgadh Baria in the neighbouring Dahod district in 2002 riots.

However, things became difficult for him with the budget session beginning from June 29. As the Congressmen were after him, they had decided to get him arrested inside the state assembly itself.

This development landed the Narendra Modi government in a dilemma: to allow an absconder attend the assembly session or force him to surrender.

Sources close to Chauhan said that he then surrendered to the police at Devgarh Baria police station on directions from top leaders of his party. It is Devgarh Baria police station where the loot and arson case was registered against him.

According to Devgarh Baria Muslim activists, Chauhan had taken part in loot and arson of houses and shops in Vav Kundra, Sanjara, Dana Vav, Pipro and Sajora villages. As Muslims were scared of Chauhan, none of the victims, all of whom had to flee from their villages to save their lives, did not mention the name of Chauhan as accused. Many of these Muslims have still not returned to their native places and are living in Rajgarh, a Muslim majority village.

However, a Dawoodi Bohra Muslim, Ali Sajorawala, a shopkeeper in Sajora village mustered courage to name Chauhan as accused in his FIR. Ali’s brother Muhammed Hussain Sajorawala is an advocate practicing in the Godhra sessions court.

Though the police did not arrest Chauhan, he was declared `wanted’. And during the period, he `absconded’, he also attended state assembly sessions.

Chauhan’s active role in anti-Muslim violence helped him in his political ascendancy. He was merely a president of the Rajgarh taluka panchayat in 2002 February-March. With rise in his popularity in Hindutva circles, he was selected as BJP candidate for Rajgarh seat for 2002 assembly elections. Amid deep communal polarization, he won the polls.
In December 2007 assembly polls, luck again favoured him and won the Rajgarh seat.
However, his utterances against Sonia proved his undoing as he invited wrath of Congress leaders and the latter ensured that he was arrested.

Chauhan is the second BJP MLA arrested in connection with 2002 anti-Muslim riots in which 1180 persons, mostly Muslims, were killed, thousands of others sustained injuries and properties worth thousands of crores (Rs.3800 crores according to one estimate) belonging to Muslims were destroyed.

Earlier, former minister Maya Kodnani was arrested by the Supreme Court- appointed Special Investigation Team (SIT) probing the 10 most heinous communal riots cases of 2002 . Kodnani was, however, given bail by the Gujarat high court after cooling her heels in the Sabarmati Central jail for over a month. She attended the budget session on Monday. A Sindhi with her parents as migrants from Sindh province of Pakistan, Kodnani is facing charges of her involvement in Noarda Patiya and Naroda Gam mass murder of Muslims in 2002 riot cases. A total of 109 Muslims were killed in Naroda Patiya and Naroda.

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