Jan Sangharsh Manch

1. Jan Sangharsh Manch www.nsm.org.in http://elaanmonthly.blogspot.com

2. BJP urges Prez to stop CBI's misuse New Delhi: BJP members from both Houses of Parliament on Friday met President PratibhaPatil and submitted a memorandum over alleged misuse of CBI by the government in the Sohrabuddin encounter case………..News item on May 8

3. RULE OF LAW VS Rule of Hate Democracy in Crisis Experiences of JSM in Gujarat

4. The Indian State professed Secularism to be the basic structure of its Constitution! But did it solve the problems of the racial, religious or ethnic minorities?

5. Golwalkar said that the minorities could live in one nation if they accept the rule of the majority. Gujarat State became a laboratory for the RSS experiment

6. A sporadic skirmish between the Ram Sevaks and the local Muslims of Godhra on 27th Feb. 2002 led to the unfortunate death of 58 passengers. Instead of pacifying the emotions of the people, Modi declared it as a preplanned terrorist attack against one community. VHP gave a Bandh call supported by BJP The burnt Coach 6 of Sabarmati Express

7. On 27th Feb 2002 around 12 noon the 58 dead bodies were removed from the S6 coach of the ill fated train and laid down in the yard itself. A huge crowd was allowed to gather all around The inquest was carried out by PI Mirza which was started at 13:15 hours and was completed and signed at 18:45 hours.

8. Under the criminal law, it is the inquest authority who has to decide whether to send the dead bodies for post-mortem or not.But in the present case PM of almost all bodies were over by 18.45 hours, the time when inquest report was signed.

9. Who Took the Post Mortem Decision?

10. Who Called the Doctors to Godhra?

11. Why was the post mortem done in this hasty and fraudulent manner? (1) The real cause of death was obliterated; (2) The dead bodies could be transported to reach Ahmedabad next morning to hold a funeral rally; (3) The inflamed anger of the funeralists could be lasered into a violent communal reprisal.

12. The 54 dead bodies were carried in trucks to Ahmadabad by ShriJaideep Patel, the leader of VHP and funeral marches were held on 28th igniting the emotions of the community. The next three days were devastating for the Muslims of Gujarat. Over a thousand innocent men, women and children were butchered; millions worth of their property were destroyed. Funeral march of the dead bodies

13. Every effort was made to break the economic backbone of the Muslims and boycott them as a community The State machinery either watched the whole pogrom passively or connived. The Criminal Justice system was entirely paralyzed in the first few weeks and citizens were not permitted to even register criminal complaints

14. Despite the opposition of some of the civil society organizations as well as the Minority organizations JSM participated in the Nanavati Commission appointed by Gujarat Government. JSM was of the firm belief that during a turbulent communal period, every democratic forum can play some useful purpose.

15. It is necessary to recall that the burning of the S6 coach was projected as an act of terrorism. All investigations and inquiries made by the GOG was tilted to achieve this goal. JSM had therefore focused in collecting evidence that brought out the truth. The burning pattern of survivors, FSL report, chain pulling mechanism etc clearly showed that the incident was spontaneous and not a preplanned terrorist attack Train could not be stopped from outside by chain-pulling

16. Despite all evidence pointing against the terrorist theory, the Commission concluded in line with the Government’s version in its Part-1 report. The Commission also absolved the Chief Ministers and all others in Para229 of its report

17. The central review committee appointed to review the POTA cases had however held that there was no element of preplanned terrorism in burning of the S6 coach. This finding of the review committee was upheld by Gujarat High court after the Nanavati report was published, thus rendering Nanavati’s conclusion untenable. Justice Bhagwatiprasad delivered the Judegment on behalf of the Division Bench. Gujarat High Court Bhagwati Prasad J

18. 5.11... we choose to go deeper into the purport of the testimonies and when we make ref to it and give a thought that whether any act of terror as defined under section 3(1) or section 3 (3) of the POTA is made out. On reading the statement, we find that none of such elements is emerging out from reading of these statements. These statements are like the statement of ordinary witnesses of criminal case where animus of terror not only not present but also we find it totally absent… Bhagwati Prasad J

19. The most important evidence produced by DIG Rahul Sharma in the commission is the compact disc containing all the mobile phone call data made at Ahmedabad during the period 25_ 02-02 to 4_ 03-02. The arrest of the current Minister Ms MayabenKodnani and the VHP leader Jaideep Patel by SIT are the direct result of the mobile phone analysis done by JSM. Rahul Sharma Mayaben Jaideep Patel

20. When charged with her involvement in the Naorda Patiya violence, Mayaben denied she had ever gone to that area. Her phone call record showed otherwise

21. The arrests of these two leaders are perhaps the most important arrests made so far. This became possible for two reasons. (1) The appointment of the Special Investigation Team by the Supreme Court to further investigate the nine major incidents of violence, by its order dated 1st May 2009. (2) The cancellation of the anticipatory bail obtained by these leaders by the High Court of Gujarat. This order was in sharp contrast to the earlier order of High Court in Best Bakery case which upheld the acquittal of accused

22. This phone call chart gives the mobile phone contacts made by Jaideep Patel with other accused in Naorda cases, namely, Asok, Babubajrangi, Kisen Korani, Bipin Panchal etc. Also his contacts are seen with CM office home minister and Police.

24. M.K.Tandon was the Addl CP in-charge of Naroda area with a large task force. When Gulberg Society was attacked by the mob at 2.45pm killing Ehsan Jafri, he vanished with the task force from the Naroda area and went to Revdibazar!

26. 15 persons were killed in a series of encounters in Gujarat between 2002 and 2006 .The goal was clearly political to achieve two objectives: To instill the fear of “Islamic Terrorism” and divide the communities further. to profile NarendraModi as a Hindu icon targeted by Islamic terrorists .All FIRs alleged that the dreaded terrorists had come to kill Modi! Vanzara Sohrabuddin 26.11.05

27. Sadiq Jamal Mehtar, a local scooter mechanic from Bhavnagar,Gujarat was killed on January 13, 2003. KetanTirodkar ,a journalist has filed an affidavit in the said case confessing that he profiled Sadiq as a terrorist for DayaNayak, a Mumbai Policeman who handed over Sadiq to the Gujarat police on the request of a Gujarat politician! . Sadiq Jamal Mehtar Encounter Spot Daya Nayak Ketan Tirodkar

28. IshratJahanRaza, JavedShaikh alias PraneshPillai, plus two were killed in Ahmedabad near Naroda on June 15, 2004. The police claimed they were dreaded terrorists associated with Lashkar-e-Toiba and had come to kill chief minister! Magistrate MrTamang prima facie concluded that the encounter was fake! Matter is pending before Supreme court for orders.

29. Sohrabbudin was shot dead near Narol on 26.11.2005, where as his wife, Kausarbi was murdered and burnt. TulsiPrajapati was also shot and killed on December 28, 2006, in Banaskantha district, a border town of Gujarat Supreme court has handed over investigation to CBI

30. In all the encounters Vanjara was the Police officer ordering the killings… Ever since his arrest by RajnishRai such encounters have stopped… Perhaps because the main terrorist is in jail… On behalf of his brother Rubabuddin, we got the bail of Vanzara and his team cancelled Rajnish Rai, DIG arrested Vanzara & Co.

31. In a democratic system, whenever a political party professing a communal ideology captures power, All institutions are influenced by this ideology to some degree or the other including the Judiciary. A sustained and consistent legal work, meticulous investigation linked with grass-root struggle can revive the secular democratic values….

32. Justice peace and reconciliation JSM also started the movement for justice peace and reconciliation in the year 2005 to unite the people of all communities in defense of secular democracy. A massive unity rally was organized in 2007 . The sustained legal work has also altered the view point of the vernacular media.

33. The JSM Team

34. MAY DAY RALLY ON 1ST MAY 2010 AT AHMEDABAD

35. MAY DAY RALLY ON 1ST MAY 2010 AT AHMEDABAD

36. Jan Sangharsh Manch www.nsm.org.in http://elaanmonthly.blogspot.com