Author: Dhananjay Mahapatra
Publication: The Times of India
Date: April 14, 2009
URL: http://timesofindia.indiatimes.com/articleshow/4396986.cms
The Special Investigation Team responsible
for the arrests of those accused in Gujarat riots has severely censured NGOs
and social activist Teesta Setalvad who campaigned for the riot victims.
In a significant development, the SIT led
by former CBI director R K Raghavan told the Supreme Court on Monday that
the celebrated rights activist cooked up macabre tales of wanton killings.
Many incidents of killings and violence were
cooked up, false charges were levelled against then police chief P C Pandey
and false witnesses were tutored to give evidence about imaginary incidents,
the SIT said in a report submitted before a Bench comprising Justices Arijit
Pasayat, P Sathasivam and Aftab Alam.
The SIT said it had been alleged in the Gulbarg
Society case that Pandey, instead of taking measures to protect people facing
the wrath of rioteers, was helping the mob. The truth was that he was helping
with hospitalisation of riot victims and making arrangements for police bandobast,
Gujarat counsel, senior advocate Mukul Rohtagi, said quoting from the SIT
report.
Rohtagi also said that 22 witnesses, who had
submitted identical affidavits before various courts relating to riot incidents,
were questioned by the SIT which found that they had been tutored and handed
over the affidavits by Setalvad and that they had not actually witnessed the
riot incidents.
The SIT also found no truth in the following
incidents widely publicised by the NGOs:
* A pregnant Muslim woman Kausar Banu was
gangraped by a mob, who then gouged out the foetus with sharp weapons
* Dumping of dead bodies into a well by rioteers
at Naroda Patiya
* Police botching up investigation into the
killing of British nationals, who were on a visit to Gujarat and unfortunately
got caught in the riots
Rohtagi said: "On a reading of the report,
it is clear that horrendous allegations made by the NGOs were false. Stereotyped
affidavits were supplied by a social activist and the allegations made in
them were found untrue."
Obviously happy with the fresh findings of
the SIT which was responsible for the recent arrests of former Gujarat minister
Maya Kodanani and VHP leader Jaideep Patel, Rohtagi tried to spruce up the
image of the Modi administration, which was castigated in the Best Bakery
case by the apex court as "modern day Neros". He was swiftly told
by the Bench that but for the SIT, many more accused, who are freshly added,
would not have been brought to book.
The Bench said there was no room for allegations
and counter-allegations at this late stage. "In riot cases, the more
the delay, there is likelihood of falsity creeping in. So, there should be
a designated court to fast track the trials. Riot cases should be given priority
because feelings run high having a cascading effect," it said and asked
for suggestions from the Gujarat government, Centre, NGOs and amicus curiae
Harish Salve, who said the time had come for the apex court to lift the stay
on trials into several post-Godhra riot cases.
While additional solicitor general Gopal Subramaniam
agreed with the court that public prosecutors should be selected in consultation
with Raghavan, counsel Indira Jaising said there should be a complete regime
for protection of witnesses as the same government, which was accused of engineering
the riots, was in power now.
Salve said that he would consult Raghavan
and let the court know about a witness protection system for post-Godhra riot
cases. The court asked the parties to submit their suggestions within a week.
- dhananjay.mahapatra@timesgroup.com