Judicial snub to crypto Islamists
by Rohit Srivastava on 24 Feb 2011 13 Comments

Truth has its own way of dislodging lies. Indian public life is full of blatant lies told to the common man in name of socialism, secularism, communalism and numerous other isms which are little more than jargon, intended only to confuse the masses. Obvious facts are distorted for political motives and all distortions done with the help of unscrupulous intellectuals.

 

Yet on 22 Feb. 2011, as a Gujarat court pronounced verdict in the Godhra train massacre, a vicious calumny against the 59 victims of the carnage in particular, and the Hindu community at large, came gloriously unstuck. It was reminiscent of the Supreme Court upholding life sentence for Dara Singh on account of the profound distress and provocation caused by evangelical activities among vulnerable groups, the joy of which could not be undone by the rapid backtracking by judicial cold feet.  

 

The burning of the Sabarmati Express S-6 coach on 27 Feb. 2002, the Godhra sessions court held, was an act of conspiracy, and no accident.

 

Certainly it was not – as the Justice U.C. Banerjee Committee disgracefully suggested in both his interim and final report of March 2006 – an accident. The retired Supreme Court judge, appointed by the then Railways Minister Lalu Yadav, had categorically asserted that the fire was no act of terror, and dismissed the NDA’s claim that there was a conspiracy behind the carnage.

 

Justice Banerjee insisted that the fire was accidental; no outsiders were involved; the deaths were caused by toxicity and suffocation; that there was no crowd and just onlookers at the impugned railway station; and that the coaches were not locked. He completely ruled out the possibility of an inflammable liquid being used to start the fire, saying that there was first a smell of burning, followed by dense smoke and flames, a sequence of events that is not possible in case the fire is caused by an inflammable liquid thrown on the floor of the coach, or an inflammable object thrown from outside the coach. When irate survivors of the carnage filed a case against the Banerjee Committee, the Gujarat High Court declared it “unconstitutional, illegal and void”.

 

In contrast to the command performance desired by Lalu Yadav, the Justice Nanavati-Justice Shah Commission appointed by the state government found that the fire was started deliberately by outsiders who entered the train and burnt the victims to death. Justice Nanavati also found that there was a mob at the railway station – vindicated by the sessions court verdict – and the coaches were locked from outside – a key factor in establishing the veracity of the conspiracy theory. The Nanavati Commission, which submitted its first report on 18 Sept. 2008, interrogated hundreds of persons, including victims and eye-witnesses, and concluded that there was no accident and that the coach was set on fire by a mob, allegedly belonging to a minority group.

 

This unpalatable truth has now come home to our duplicitous Hindu-baiting liberal media, politicians, and activists of all hues, with the sessions court declaring that the Godhra carnage was an act of conspiracy, pronouncing 31 accused as guilty, and acquitting 63 accused for lack of credible evidence.

 

As an aside, it is worth mentioning that the acquittal of the alleged key conspirator, like the recent acquittal of two alleged key local accomplices in the Mumbai 2008 carnage, reflects poorly on the quality of police work in this country, and calls for an urgent redressal.

 

To return to Godhra, what happened on 27 Feb. 2002 was no small provocation. And it has taken the verdict of the sessions court to make the bleeding-heart liberals, leftists, human rights marketeers et al to realize that the burning alive of 59 innocent karsevaks returning from Magh Purnima prayers at Ayodhya cannot be purged from the nation’s history, even as they earn their name and fame (and god knows what else) by solitary focus on the communal riots that followed this outrage. The bottom line is – you cannot speak of effect without first acknowledging the cause (and there is no need to invoke the bogus laws of a proven-to-be-wrong scientist like Issac Newton).

 

India’s Anti-Hindu Legionnaires have to face the fact that a violent mob gathered at Godhra station at the very same time that the coach caught fire a short distance from railway junction. They have to explain why all fellow passengers of the ill-fated train spontaneously asserted that a Muslim mob had burnt down the train. Did they really think that forensic evidence would support the specious claim that the train caught fire from within, whether by accident or design? Above all, they will have to tell the Indian public why they took the stand that the version of victims and witnesses was no consequence (in their eyes) and the alleged accused were innocent.

 

To their credit, most politicians retreated in silence once the verdict was out – discretion is the better part of valour.

 

The media however, particularly the 24 x 7 news channels that most politicized the Gujarat riots and defamed the nation internationally, was compelled to show its face, and showed that introspection was not in its DNA. One anchor, after announcing the court verdict, pontificated that the government of Gujarat should answer why the 63 acquitted persons were kept in jail for nine years! The same channel has never bothered about thousands of undertrials languishing in jail without trial far beyond the period of maximum punishment if found guilty of their alleged crimes. Another channel declaimed that the interpretation of the judgment should not be politicized. The same channel never bothered to depoliticize the Gujarat riots.

 

Nevertheless, these Crypto-Islamists in the media, who share the views of every Islamist from the Hurriyat to the Pakistani regime, have got a loud slap with the Godhra verdict.

 

The very fact that 31 persons were held guilty for the “pre-planned conspiracy” at Godhra is a scathing indictment of all those who had callously treated the victims of Godhra and their families as undeserving of sympathy or respect. All these 31 were held guilty on two major counts, Section 120B (criminal conspiracy) and Section 302 (murder) of the Indian Penal Code.

 

Yet it is unfortunate that the sessions court acquitted Maulana Umarji who allegedly used the public address system of a nearby mosque to urge the people to rush to the railway station and “kill” kar sevaks aboard the Sabarmati Express.

 

Even more unfortunate is the Christian evangelical hatred that has spewed out following the verdict when there was simply no need for this tragedy to be converted into an issue of the Sisterhood of the Abrahamic Fraternity. Jesuit activist Father Cedric Prakash asserted that after finding the main accused innocent, “yet the court held the incident as a conspiracy is really ridiculous”. Bishop Rosario Godfrey de Souza of Baroda, whose diocese covers Godhra, called the verdict “a total disaster”, adding that “the judiciary seems to have lost its backbone and is only catering to the needs of the government, overlooking justice”. Jesuit activist Father Stanny Jabamalai demanded that the government compensate the acquitted.

 

Unless this is made standard procedure in all criminal cases, there is no warrant for such differential treatment for minority accused of one of the worst crimes in modern India.

 

The writer is a freelance journalist

User Comments Post a Comment
1. It is so ahmeful in this Country that retired Judges stoop so low to accept assignments with predetermined agenda for personal monetary gains. Here was the Supreme Court Judge-retired Banerjee, appointed as a Commission by the Railway Minister Lallu Yadav, to investigate and report to him within a stipulated time to prove the innocence of Muslims in the inferno and carnage, which he wanted to use before the Bihar Elections!! Though the terms of reference fof Banerjee Commission was limited to the incidents within the Railway Premises, and the Commission had no approval from Supreme Court as the matter was alreadyt beeing investigated by SUpreme Court appointed SIT, Banerjee attempted to expand his investiagtion by summoning officials from Sachivalaya, in vain. Lallu Yadav released the draft report of Banerjee to emphasize that the fire originated from within the coach by passengers using a stoove or so and not started by external elements. However subsequent events showed that Lallu could not muster support of Bihari Muslims by this concocted Banerjee Report, the Judge himself should be ashamed of succmbing to Political wanglings. [2] So far as the 63 accused released for want of evidence, the Chief of SIT Ranghavan is reported to have stated that after studying the details of the judgement, the SIT might consider appealing against the release of the 63 accused, to justify the need for convicting them too for direct involvement in the cospiracy.
Kumar
February 24, 2011
Report Abuse
Where does this retired judge Banerjee live now? Why can't some decent persons organize a demonstration outside his home and shout "shame shame". And this protest should continue for some weeks, at different timings.
Mukesh
February 24, 2011
Report Abuse
Ex judges are always after extra money. Who provides extra money ex judges always dances to his tune. Crescentophilc Lalu provided him money. Umesh Banerjee, is a mere nautch boy.
Pratap
February 24, 2011
Report Abuse
The judgment is a blot not only to Lallu Prasad, but also to the NGO's like Teesta Setalwad and the electronic media which acted as villain in Gujarat riots episode.
Vasant
February 24, 2011
Report Abuse
This was a wrong move (political) by Lalu Prasad Yadav. The case was so glaring that it could not have been explained in any other way. A case of internal combustion was not only improbable but illogical. The retired SC-Judge U C Bannerjee should not have accepted the assignment. He has obviously put a huge question mark on the integrity of the legal fraternity. A judge should be just as honest a judge in retirement as in service.
Devinder
February 24, 2011
Report Abuse
Add the India's National Nespaper 'the Hindu' to the biased media. Its 'Editorial' to-day on the Godhra Conspiracy and the verdict are on expected lines, since the paper has long before fallen from the high pedestal of 'fairness'. For nearly two decades now, it is prejudiced against BJP and critics of minority appeasement.
S.Raguraman
February 24, 2011
Report Abuse
Benarjee report has no cradibility. The purpose of his report was to make the event controversial.
Justice Nanavati has worked on the event rightfully and judiciously. It is beyond doubt that the event was a conspiracy. Even a child can understand this.
shirish dave
February 24, 2011
Report Abuse
An article worth reading.But what is the reaction of Lallu Prasad and Justice Bannerjee? People should nto forget or forgive them for their dirty manupulation of the incident. So also is the case with media which acted as villain instead of remaining impartial.
VSS
February 24, 2011
Report Abuse
Seems like that the writer is totally oblivious to what happened after this premeditated and carefully planned event which ultimately led to the mass killing in Gujrat.One had only read about Fascism and Nazism in books of history and
fiction.But what the Muslims in Gujarat experienced in 2002 must have been much more dreadful than that.There were massacres of Muslims, gang rapes of Muslim women and
looting and arson of shops and establishments belonging to them.Armed mobs, led by known Bharatiya Janata Party and Vishwa Hindu Parishad workers, were on a killing spree the likes of which the people had not seen before.Instead of providing protection to the Muslims, the police aided and
abetted the killer mobs. Worse, the police refused to file First
Information Reports in several cases and where it became unavoidable to register a case, the FIRs were so doctored as to help the killers,rapists, arsonists and looters escape unpunished.Hundreds of Muslims fled their homeland, Gujarat, after the mayhem.This all was very carefully planned and executed with perfection.One asks how could the armed mobs, out on the roads to retaliate the killings of VHP activists, track down Muslim business establishments throughout the state in a matter of hours?It is on record of what the VHP leader Pravin Togadia said in an interview with " The Telegraph" ,he boasted that the VHP had undertaken a census and land record survey to take stock of the real estate ownership pattern among Hindus and Muslims in the villages, towns and cities of the state.So a "boundry line " was marked on the map of the city,so all focus could be on the targeted Muslim areas so as to deliver maximum damage efficiently in least amount of time.Polarization of society on communal lines has vastly benefited the BJP as is evident from the increasing strength of its members in both the Parliament and the various state assemblies. The communal carnage,which triggered off the ghastly memories of Nazi concentration camps,that shattered Gujarat between February and April 2002, was translated into a mandate for chief minister Narendra Modi to rule the state for yet another five years.So all this to get in power,thats all.I hope that the writer one day would write something about this too,with best regards.
observer
February 24, 2011
Report Abuse
Is there no one in Bharat who can bring the Hindu-baiting TV channels to justice? It is high time Hindus unsheathed the sword against the Rajdeep Sardesais, Barkha Dutts, Prannoy Roys and N. Rams of our wretched jihadi media.
Indira
February 25, 2011
Report Abuse
Hi Rohit Srivastava,

I have provided a link to this post from my blog on Godhra I do hope it is OK with you.

This is the link to my post http://www.ioretradingindia.blogpost.com

Sincerely
Anil Kohli
Anil Kohli
February 25, 2011
Report Abuse
Can the secularists tell us how the Muslim community would have reacted if Hindus had burnt alive 59 muslims returning from the HAJ. They might have have justified Muslim killing Hindus and destroying their property. Hindus must realize that loudpeakers on mosques is a danger to their security. They can be used to mobilise Muslims in very large nos as is referred to in the article above. Similiarly they were used in the Valley to mobilise Muslims against Kashmiri Pandits. The SC rules on Noise Pollution are imposed on Hindus, the politicians and police are probably scared to impose the rules. Who said All religions in Bharat are equal?
sanjeev nayyar
February 25, 2011
Report Abuse
Comment on "observer" writing.
The MP from Baramulla (in J&K) says in parliament that some people wanted to unfurl the Indian National flag in Srinagar and state govt. was hall bent on stopping that and would have gone to the extent of goli bhi chala denge if the situation came to that (that is if some people had come any where near to unfurling the flag .
This is (plan to shoot ) pre-meditated . not the actions in Gujarat
Ravi
February 25, 2011
Report Abuse