By TCN News,
New Delhi: A big chunk of violence against Muslims in Gujarat in 2002 took place during the bandh call given by Vishva Hindu Parishad and supported by other Sangh Parivar groups. It was the violence of the bandh that inspired rioters for the large scale killings and loot of Muslims and their properties in next some weeks. The bandh call was illegal as no prior permission was taken from authorities. This was an aspect of the Gujarat pogrom on which court did not need any evidence from the victims and it could have acted on its own. Yet, even after nine years of violence, no court – lower or higher or the highest – has taken this into consideration.
The abovementioned point has been raised by a social activist and writer Hem Raj Jain in his petition to Chief Justice of Supreme Court and Gujarat High Court.
The entire matter of justice for the victims of Gujarat riots 2002 can broadly be divided in two categories. First are the cases where no evidence is needed form the victims of these riots and Higher Judiciary of its own should have imparted justice long back, based upon government records only, said Jain. For example, one can put the illegal bandh and call of army not from neighboring areas but from distant Delhi and no action by the army even after deployment in the affected areas.
In the second category are cases where evidence is needed from the victims. And many such cases are pending in courts.
In the petition, Jain urged court to take action in the cases of first category immediately. He details the bandh call and the violence executed during it:
People in large numbers came on streets all over riot affected Gujarat due to call for State-wide Bandh (illegal, as in view of emotionally charged atmosphere due to Godhra incidence there was no permission from authorities of Gujarat for this State-wise Bandh) given by Vishwa Hindu Parishad (VHP) and supported by its traditional allies / associates like BJP, RSS, Bajrang Dal, Shiv Sena etc (since the days of Ayodhya Mandir / Masjid dispute related agitations since late 1980s, which culminated in Godhra train bogey fire tragedy of 27/2/2002 too and which was the reason given by VHP & associates for this Bandh). And the fall-out of this Bandh in which these thousands of Bandh observing people under the office bearers of VHP, BJP, RSS, Bajarang Dal, Shiv Sena etc. indulged in heinous crimes including crimes of murder, rape, assault, arson, loot, criminal trespass etc.
Police of Gujarat (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates of areas were under legal obligation to arrest / get arrested these office bearers of VHP, BJP, RSS, Bajarang Dal, Shiv Sena etc. not only for carrying out illegal Bundh but, under section 34 and 120-B IPC, also for their complicity in / responsibility of heinous crimes of rioters, including crimes of murder, rape, assault, arson, loot, criminal trespass etc.
But vice-president of Vishwa Hindu Parishad (vhp) Acharya Giriraj Kishore even addressed press during riots. Kishore had said that the incidents occurred during ‘Gujarat bandh’ on Thursday was “natural outburst” over godhra massacre and result of “extreme anguish within people of Gujarat.”
Jain in the petition said “Higher judiciary does not need any evidence from the victims of Gujarat riots 2002 (A)- for prosecuting at least these perpetrators (the office bearers of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc.) who committed these heinous crimes by their ‘acts of commission’ and (B)- for prosecuting public servants (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates – who by their ‘acts of omission’ allowed these rioters to commit these heinous crimes with impunity.”