According to reports, the commission has given a clean chit to Modi and his government by stating that allegations of state complicity remain unproven. Human right activists have accused the commission of being pro-establishment. They reiterated that the commission report is 'far from the truth'. CLEAN SLATE Justice Nanavati, his colleague retired Justice Akshay Mehta and CM Anandiben Patel refused to comment on the report. However, sources who scanned the report admitted it completely absolves Modi — who had been internationally criticized for mishandling the riots that claimed over 2000 lives — of any wrongdoing.
In the past, human right activists had dubbed Gujarat riots as genocide and even lobbied internationally to persecute Modi for the riots that had torn apart the state. In 2005, the United States led by the then president George W Bush had denied Modi a visa under a 1998 US law barring entry to foreigners who have committed "particularly severe violations of religious freedom". However, he was amicably welcomed to the US after he elected the prime minister a few months ago.
BIASED PANEL
The commission, since its inception, has been accused of being biased towards Modi. Inordinate delays, overlooking of crucial evidence such as phone call records, ignoring witness statements, refusing to cross-examine Modi were some of the charged levied against the commission. Modi had dismissed these charges as the "passtime of pseudo-secularists and English media". Interestingly, sources say that the commission has taken the pseudo-secular theory forward in the report, by flaying the media for its role during the riots.
The report categorically states, "After summoning hundreds of witnesses, we have not found any reason to surmise that government or those in power when riots took place played any role in augmenting communal tension.... Exaggerated media coverage worsened the situation." The Nanavati commission also enclosed the report prepared by R K Raghavan, who headed the Supreme Court-appointed special investigation team that scrutinised the Gujarat riots, to collaborate their finding that "there is absolutely no evidence to suggest any complicity on part of the Gujarat government or Modi in the 2002 riots."
COMMISSION'S JOURNEY
» The commission comprises retired judges G T Nanavati and Akshay Mehta. The panel was constituted by Gujarat government on March 6, 2002, under the Commission of Inquiry Act in the wake of Godhra train carnage on February 27, 2002.
» Initially, it was a one-member commission headed by Justice (retired) K G Shah. Following opposition, it was turned into a two-member commission headed by Nanavati as its chairman.
» In 2008, after Shah's death, Mehta was appointed. He had been earlier criticised for granting bail to Babu Bajrangi who was accused of burning 97 people, all Muslims, to death in Naroda Patiya massacre. Bajrangi had described Justice Mehta as "apna aadmi (our man)" in a sting operation.
» Human right activists, led by late human rights champion Mukul Sinha of Jan Sangharsh Manch, had opposed his appointment and threatened to boycott the proceedings. However, the government ignored their demands.
» The 2002 riots happened after S-6 coach of Sabarmati Express carrying kar sevaks from Ayodhya to Gujarat was burnt was set afire at Godhra station, killing 59 people.
» The commission has been criticised for not cross-examining Modi. Interestingly, that Modi should be summoned for cross-examination as a point of inquiry was included in the panel's purview only after UPA-II came back to power in 2004.
» Sinha had sent two applications (2007 and 2009) to the commission pleading that Modi be summoned as stated in the 2004 government notification. The commission turned down both applications in 2009, terming the allegation against Modi 'vague' and 'based on unwarranted assumptions'.
» Sinha was also not allowed to cross-examine witnesses like the then home minister Gordhan Zadaphia and former minister I K Jadeja (who allegedly sat in police control room and issued selective instructions), CM's private assistant Om Prakash, as well as Tanmay Mehta and Sanjay Bhavsar who were officers on special duty to the CM.
» Evidence made available to the commission in the form of call details to prove that rioters were in constant touch with politicians was not analysed. Rahul Sharma, who was Bhavnagar SP during 2002 riots, had given these records to the commission. Sharma was penalised for passing on records of calls 'without official clearance' and moved to a non-significant posting.
» The Commission examined over 45,000 documents and over 1,000 witnesses including journalists, politicians, police officers and riot victims.
WHAT THE REPORT SAYS
» Narendra Modi and his government not involved in 2002 riots in any way.
» There's absolutely no evidence to show that either Modi, the then CM, his ministers or police officers had played any role in the Godhra incident or that there was any lapse on their part in the matter of providing protection, relief and rehabilitation to riot victims or non-compliance with NHRC directions.
» There was no evidence to summon CM Modi for a cross-examination
» The burning of S-6 coach of Sabarmati Express on February 27, 2002 was a conspiracy.
» The coach was targeted because kar sevaks were travelling in it. Arrangements were made and 140 litres of petrol had been collected to burn the train.
» It (train-burning) was a part of a larger conspiracy" to "instil a sense of fear" in the administration and create "anarchy" in the state.
» The riots that followed were spontaneous.
» The state government was alert and summoned the army.
» The police did its duty.
» At some places, some small Bajrang Dal and VHP workers were present when violence took place but action was initiated against them.
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