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TOI
22OCT2011
Book Modi for '02 hate speeches'
Amicus Report Now Being Studied By SIT
Prashant Dayal TNN
Ahmedabad: The amicus curiae of Supreme Court, Raju Ramachandran, has recommended that a chargesheet be filed against Gujarat chief minister Narendra Modi under sections I53, 153A and 153B of IPC for his "inflammatory speeches" during the rioting in Gujarat in 2002.
Those convicted under these sections of IPC face a jail term that may range from six months to three years.
Ramachandran's report is now with the SC-appointed special investigation team (SIT) that is probing the post-Godhra communal riots cases. Ramachandran had submitted a factfinding report to the SC in July. The SC, in a subsequent hearing, had directed the SIT to submit its final report on Zakia Jafri's complaint to the concerned court in Ahmedabad. The apex court also ruled that the SIT will be allowed access to the Ramachandran's report. The SIT had subsequently obtained a copy of the report from the apex court.
Ramchandran's report has shocked several members of the SIT who don't agree with many of his findings, sources said. Recently, the SIT has moved to treat Ramachandran as a witness in the probe and has issued summons to him in this regard. SIT sources said the amicus curiae in his report had made a number of recommendations, including the one about booking Modi for making inflammatory speeches.
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TOI
AHMEDABAD
22OCT2011
Raju: Charge Modi for provocative speeches
Not All In SIT Agree With Amicus Curiae's Report
Prashant Dayal | TNN
Ahmedabad: The amicus curiae of Supreme Court in Gulburg massacre case, Raju Ramachandran, has recommended that a chargesheet be filed against Gujarat chief minister Narendra Modi for his "inflammatory speeches" during the rioting in Gujarat in 2002.
In his fact-finding report submitted to the apex court in July, Ramachandran suggested booking Modi under sections I53, 153A and 153B of IPC, which attract a jail term ranging from six months to three years.
Ramachandran's report is now with the SC-appointed Special Investigation Team (SIT) which is probing the post-Godhra communal riots cases. Following his report, the SC, in a subsequent hearing, had directed the SIT to submit its final report on Zakia Jafri's complaint to the concerned court in Ahmedabad.
The apex court allowed the SIT to access Ramachandran's report. However, the report has shocked several members of the SIT who do not agree with many of his findings, sources said. Recently, the SIT has moved to treat Ramachandran as a witness in the probe and issued summons to him.
SIT sources said the amicus curiae had made a number of recommendations, including the one about booking Modi for making inflammatory speeches.
In March, the amicus curiae had pointed out discrepancies between the conclusion of SIT report and the tenor of evidence collected by R K Raghavan-headed probe team.
Sections invoked by Raju
Section 153 of IPC: Wantonly giving provocation with intent to cause riot. A person found guilty under this section is liable to be punished with imprisonment of a term which may extend to one year along with fine. If riots do not take place after the inflammatory speech, the jail term may be up to six months and accompany a fine.
153A: Promoting enmity between different groups on grounds like religion, race, place of birth, residence, and language…and doing acts prejudicial to maintenance of harmony. Persons convicted under this section shall be punished with imprisonment which may extend to three years.
153B: Imputations, assertions prejudicial to national-integration. People who are found guilty under this section are liable to be punished with imprisonment which may extend to three years with fine.
ANANLYSIS OF THE BECHARAJI SPEECH (ATTACHED)--PART OF ZAKIA AND CJP COMPLAINT
I say and submit that as can be deduced from perusing the above there is a clear cut design behind the deliverance of such a speech by the chief minister, who swears an oath of allegiance to the Indian Constitution. I say and submit that in Para 6-F Shri Murmu states that the ingredient of the offence (of creating a communal divide) is missing according to the then DGP, Chakravarti. It is clear from a close perusal of the speech that there is a desire to create hatred and ill-will towards the minority. For example:
--- We have resolved to destroy and stamp out all forces of evil, who are a threat to the self respect of Gujarat. (Comment- This is clearly an indirect justification of a policy of carnage against the minorities after the tragic Godhra incident).
---- Let me ask a question to my Congress friends, if water is brought during Shravan month, those mothers / ladies residing on the banks of Sabarmati river can take bath in Narnada water and feel holiness and blessedness. Then what is paining them? Since, we (means BJP) are here, we brought water in Sabarmati during the month of Shravan, when you are there, you can bring it in the month of Ramdan (the holy month of Muslims). ( Comment- The Holy Month of Ramzan and observance of Roza are one of the Five Pillars of Islam hallowed in the Holy Koran. The mens rea (motive) behind making this reference in the speech can be clearly deduced.
---- What brother, should we run relief camps? (referring to relief camps for riot affected Muslims). Should I start children producing centers there, i.e relief camps ? We want to achieve progress by pursuing the policy of family planning with determination. We are 5 and ours are 25 !!! (Ame panch, Amara panch, referring the Muslim producing five children) .
(Comment- These remarks from the highest elected representative in a state is nothing short of an attempt to ridicule the plight refugees from the minority community who were dishoused because of widespread violence that was not contained. Refugees in relief camps included victims of mass massacre, rape and arson. State complicity at the highest level has been judicially held responsible for the sustained spread of the violence. Therefore ridiculing the camps and thereafter lacing the statement with the poisoned stereotype of the alleged Muslim aversion to family planning during an election campaign clearly has a motive. This statement also projects the Muslim minority as a stumbling block to progress and patronises an 'us versus them' mindset among the populace that then becomes easy fodder for incitement and the outbreak of communal violence. )
31. I say and submit that on the whole the speech displays a definite communal bias, denigration of the minority community, ridiculing and belittling of the Holiest Scriptures of the minority community particularly the Five Pillars of Islam, the Holy Month of Ramzan and Observance of Roza. I say and submit that these references will certainly germinate a sense of hatred ill will and excluvism towards the Muslim minority in the minds of the majority community. The claim that nothing happened in the form of riots after the speech is irrelevant, dangerous and untenable because the sense of excluvism and sectarianism obvious in the tone and tenor of the speech not only goes against he concept of emotional integration of the Indian people but also engenders an intense feeling of alienation among the Muslims towards the Hindu community. In this perspective the speech of the chief minister is injurious to the Preamble of the Indian Constitution and Particularly Article 51-A that is the Chapter on Fundamental Duties.
" 51-A. Fundamental duties. – It shall be the duty of every citizens of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to adjure violence
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement].
32. I say and submit that appropriate action needs to be directed against the
state of Gujarat on the issues raised above.
33. I say and submit that the annexures are Xerox copies of their originals.
34. The contents of the above affidavit have been read over to me and
explained to me and I say that the paras 1 and 33 to be true and correct to the best of my knowledge.
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