Friday, 14 June 2013

2002-02-27 to 31-05-2002 Chart of delinquency and delinquents



Annexure-IV
CHART OF DELINQUENCY AND DELINQUENTS


S. No
Nature of delinquency
Name and designation of alleged delinquent during 2002 riots (27-02-2002 to 31-05-2002)
Govt. regulations, Law and SOP violated
Available evidence
Remarks
1
Inaction on specific intelligence assessment reports for countering subversion of Criminal Justice system (CJS) dated
1)     24-04-2002
2)     15-06-2002
3)     20-08-2002
4)     28-08-2002
to Home department and DGP, submitted by the State Intelligence Branch (SIB).
1.     ACS (Home) Ashok Narayan. IAS (1966)
2.     Principal Secretary Home – Mr. K. C. Kapoor, IAS (1973).
3.     DGP Shri. K. Chakravarti, IPS (1965)
4.     DGP Shri A. K. Bhargava, IPS (1967)
5.     DGP Shri P. C. Pandey, IPS (1970)

1.     Sec. 129, Sec. 144 CRPC
2.     Circular captioned “Communal peace”
3.     GPM vol-III, Chapter II, Chapter III, Chapter IV.
4.     DGP K. V. Joseph’s booklet (Instruction to deal with communal riots - strategy of approach) - 1997
5.     All India Service (AIS) conduct rules.
6.     Section 166 IPC
7.     Communal Riot Scheme.
8.     Article 51A of the Constitution of India.
9.     Recommendations of Justice Reddy (1969 riots) and Justice Dave (1984 – 85 riots).
1.     Admission by ACS Home, Shri. Ashok Narayan (see Shri. R. B. Sreekumar’s 9th Affidavit to the Commission).
2.     CEC order dtd. 16/08/2002.
3.     Courts directives in:
a)     Zahira Sheikh vs State of Gujarat by Apex Court
b)     Apex Court order on reopening of 2000 odd closed riot cases.
c)     Transfer of investigation of Bilki’s Bano mass rape case to CBI by the Apex Court.
d)     Transfer of trial of two riot cases to Maharashtra by the Supreme Court.
4.     Numerous critical observations in Naroda Patia judgment about unprofessional investigation and bias against the Muslims, confirming the SIB reports as stated in column 2.



Shri Ashok Narayan, Shri. K. C. Kapoor and Shri P. C. Pandey were given post retirement prestigious postings, even though their conduct during riots were under judicial scrutiny.
2
Failure to take action on publishers and distributors of communally inciting material and media reports.
1.     ACS (Home) Ashok Narayan. IAS (1966)
2.     Principal Secretary Home – Mr. K. C. Kapoor, IAS (1973).
3.     Principal Sec. Home – Shri. Balwant Singh
4.     The Sec. Legal Dept., Smt. Bela Trivedi and her successors.
5.     DGP Shri. K. Chakravarti, IPS (1965)
6.     DGP Shri A. K. Bhargava, IPS (1967)
7.     DGP Shri P. C. Pandey, IPS (1970)

1.     Rule 59 (9) GPM – Vol III
2.     Press Council Act – 1965
3.     Prevention of Objectionable Matter Act – 1976
4.     Circular Bunch – Communal Peace
5.     DGP K. V. Joseph’s booklet (Instruction to deal with communal riots - strategy of approach) – 1997
6.     All India Service (AIS) conduct rules.
7.     Article 51A of the Constitution of India
1.     Reports of field officers from police for action recommended by SIB
2.     Proposal by SIB – details of these proposals are in ADGP R. B. Sreekumar’s 1st Affidavit dated 15-07-2002 and his statement before the Commission on 31-08-2004.

Shri. Balwant Singh was also given the post retirement assignment as State Information Commissioner.
3.
Numerous strictures in Naroda Patia massacre judgment dated 31-08-2010 about unprofessional investigation and betraying bias against riot victims.
1.     DGP Shri. K. Chakravarti, IPS (1965)
2.     DGP Shri A. K. Bhargava, IPS (1967)
3.     DGP Shri P. C. Pandey, IPS (1970)
4.     DGP K. R. Kaushik IPS (1972)

They were DGs P / CP Ahmedabad city till SIT took over investigation of Naroda Patia case in april 2008.

5.     Officers who supervised Naroda Patia massacre investigation in the ranks of Inspector to DIG to DGP.


1.     CRPC provisions particularly sections 36, 129, 131, 144 and 154.
2.     Indian Police Act – 1861
3.     Directions in chapters I to VI of GPM volume III.
4.     Circular Bunch – Communal Peace
5.     DGP K. V. Joseph’s booklet (Instruction to deal with communal riots - strategy of approach) – 1997
6.     All India Service (AIS) conduct rules.
7.     Article 51A of the Constitution of India
8.     GCSR
9.     System of review of case papers, and periodical conferences and inspections
10.   Rule 272 and 271of GPM Vol-III.
1. SIB reports to DGP and Home Dept. dated.

a)     24-04-2002
b)     15-06-2002
c)     20-08-2002
d)     28-08-2002

2.     CEC order dated 16-08-2002.
3.     Plethora of critical observations against police in Naroda Patia case judgment (1969 pages).

1.     DGP Khandwawala was promoted though he was convicted for crime under section 326 IPC and posted as DGP.
2.     DGP Kaushik was given out of turn promotion superceeding his senior.
3.     Post retirement assignment to DGP Pandey as Chairman Gujarat Police Housing Corporation.
4.
Numerous general and specific critical observations against dereliction of duty by Govt. functionaries by the sessions Court to the Apex Court who had dealt with riot related cases (see para 9 of this representation).
1.     Secretaries in-charge of General Administration Department (GAD) and Legal and Home Depts.
2.     DGs P from 27-02-2002 onwards.
3.     Jurisdictional Officers junior to DGP who supervised the investigation of riot cases about which adverse observations were made by the Courts.
1.     Instructions issued by GAD to Govt. officials to comply with Court’s instruction.
2.     Rule 271 and 272, GPM Vol-III
1.     SIB reports to DGP and Home Dept. dated.


a)     24-04-2002
b)     15-06-2002
c)     20-08-2002
d)     28-08-2002

2.     CEC order dated 16-08-2002.

3.     Case diaries. Crime memos and case papers of relevant cases.
4.     Monthly crime reviews and minutes of periodical crime conferences held by SP to DGP.

Most of the defaulters have been favored by the Govt. with good postings, out of turn promotions and post retirement assignments etc.
5.
Numerous acts of omission and commission by police officers and Executive Magistrate in nine districts and Commissioners of Police of Ahmedabad city and Vadodara city – these eleven places out of 30 police units in the state had recorded high voltage violence – which resulted in promotion and facilitation of anti-muslim violence and abetment to violence.
1.     Supts. of police and District Magistrates of nine districts of i) Godhra district (93), ii) Western Railway (64), iii) Mehsana (61), iv) Ahmedabad Rural District (33), v) Sabarkantha (32), vi) Kheda (31), vii) Dahod (24), viii) Banaskhanta (20) and ix) Anand (15) and CP Ahmedabad city (326) and CP Vadodara city (36).

2.     Range police officers of i) Vadodara range (125), ii) Gandhinagar (97), iii) Ahmedabad Rural (79), iv) Western Railway (64), and v) Border (24)

3.     ADGP Intelligence Shri. G C Raigar and his staff incharge of communal situation from 27-02-2002 to 08-04-2002 when major riots had taken place and subversion of CJS was started.
1.     Sec. 129, Sec. 144 CRPC
2.     Circular captioned “Communal peace”
3.     GPM vol-III, Chapter II, Chapter III, Chapter IV.
4.     DGP K. V. Joseph’s booklet (Instruction to deal with communal riots – strategy of approach) – 1997
5.     All India Service (AIS) conduct rules.
6.     Section 166 IPC
7.     Communal Riot Scheme.
8.     Article 51A of the Constitution of India.
9.     Recommendations of Justice Reddy (1969 riots) and Justice Dave (1984 – 85 riots).
1.     Crime statistics attached in Annexure II (b) in this representation – part of second affidavit  submitted by R. B. Sreekumar to the Commission.

2.     Reports sent by SIB to Shri. B. K. Haldar, Jt. Sec MHA Central Govt.

3.     Relevant case papers, Crime records, Crime reviews and minutes of periodical crime conferences.

4.     Instructive memos issued by  senior officers from DGP to SP regarding defects in investigation (if any)
Most of the officers who had contained violence in two cities and seventeen districts were given shabby treatment by the Govt. and some were transferred in the thick of riots and many had gone on deputation. Shri G C Raigar was promoted out of turn, super seeding his senior and also given post retirement assignment wth the status of a Judge – as member of Commission probing into illicit liquor tragedy in Ahmedabad city.
6.
Entrusting dead bodies of 54 Hindus killed in Godhra train fire incident to VHP leaders, while Govt. officials could have taken the bodies to the relatives.
1. District Magistrate Godhra, Smt. Janti Ravi IAS (1991)

 2. SP Godhra, Raju Bhargava IPS (1995)

1.     Rule 223 of GPM Vol-3
2.     DGP K. V. Joseph’s booklet (Instruction to deal with communal riots – strategy of approach) – 1997
3.     All India Service (AIS) conduct rules.
4.     Circular captioned “Communal peace”

1.     Statement by Shri. M. L. Nalwaya, Mamalatdar Godhra to SIT (page 61 of  SIT closure report)
2.     Copies of situation reports sent by DM and SP Godhra to higher officers.
Even dead bodies of those not belonging to Ahmedabad city were also sent to Ahmedabad city through VHP leaders.
7.
Permitting 2 Cabinet Ministers, Shri. I K Jadeja and Ashok Bhatt to interfere in police operations by allowing them to sit in DGP office and CP Ahmedabad Office respectively. These ministers were not in-charge of Home department.
1.     DGP K. Chakravarti

2.     CP Ahmedabad city, P C Pandey

1.     Section 186 IPC
2.     Rules of Business framed by the Governor
3.     Notification of allotment of portfolios by the Governor
4.     All India Service Rules
1.     Statements by DGP K. Chakravarti and CP P. C. Pandey
2.     4th Affidavit of R. B. Sreekumar dated 27-10-2004 to the Commission
3.     Records regarding VIP protection wing providing security to ministers
As per SIB records Shri Ashok Bhatt was a person whose speeches have to be recorded in verbatim and scrutinized for any communal overtone. He also had antecedents of participating in anti-Muslim riots as per police records.

8.
Non submission of affidavits regarding 1st and 2nd Terms of Reference to the Commission dated.

1.     06-03-2002
2.     20-07-2002
1.     The Chief Sec. Shri Swaran Kant Verma.
2.     The Chief Sec. Shri G. Subbarao
3.     ACS Home, Shri Ashok Narayan
4.     DGP Shri. K. Chakravarti
5.     ADGP Law and Order, Maniram
6.     CsP of Ahmedabad city and Vadodara city and DMs and SsPof nine violence affected districts as indicated in para-28 above.
7.     Shri G C Raigar IPS (1972), who was SIB in-charge from 27-02-2002 to 08-04-2002 and his officers in-charge of communal matters.

1.     General instructions form GAD
2.     All India Service Rules
3.     GCSR
4.     Govt. notification regarding Constitution of the Commission and Terms of Reference.
5.     The Commission’s notification calling for data relevant to Terms of Reference
1.     Records in the Commission
2.     4th Affidavit of R. B. Sreekumar

Many defaulters were rewarded with good postings, extensions in service and post retirement postings.
9.
No action to inform or implement, Hon’ Kerala High Court Orders banning observance of bandh and disruption of normal public life.
1.     Chief Secy. Shri Swaran Kant Verma
2.     ACS Home Ashok Narayan
3.     Sec. Legal Dept. Smt. Bela Trivedi
4.     DGP K. Chakravarti
1.     Govt. instructions to implement orders of the High Court and the Apex Court.
2.     All India Service Rules
3.     GCSR
4.     Section 188 IPC
Absence of any action against bandh organizers and mobilisers of crowds irrespective of their commission of violent crimes. Mere observance of bandh is an offence of disobedience of lawful court orders punishable under section 188 IPC.

No record of instruction by delinquents on Kerala High Court orders.
10.
Appointment of pro-Sangh Parivar advocates and even office bearers of VHP as Public Prosecutors to present cases against Hindu accused.
1.     ACS Home Ashok Narayan
2.     Sec Legal Dept. Smt. Bela Trivedi.
3.     DGP K. Chakravarti
4.     Collectors who recommended appointment of pro-Sangh Parivar advocates as Public Prosecutors

1.     Govt. instructions to implement orders of the High Court and the Apex Court.
2.     All India Service Rules
3.     GCSR
4.     Circular captioned “Communal peace”
5.     Article 51A of the Constitution of India


1.     SIB report about Public Prosecutors taking pro-accused stand and so accused of riot cases getting released on bail.

2.     Petition by Smt. Ehsan Jafri to the Apex Court – Criminal No. 1088/ 2088 with evidence on PP partisan stand.

11.
Presentation of misleading reports before CEC on 09-08-2002 about Law and Order situation and rehabilitation
1.     Chief Secy. Shri G. Subbarao
2.     ACS Ashok Narayan
3.     Sec. Revenue Dept.
4.     Relief an rehabilitation in-charge of State Govt. Shri. S.M. F. Bukhari IAS (1982)
5.     IGP K. Nityanandam IPS (1977)
1.     Govt. instructions about taking care and caution in preparation/ presentation of data to the Constitutional bodies like CEC.
2.     All India Service Rules
3.     GCSR
4.     Instructions of Revenue Dept. about relief and rehabilitation.
5.     Directives of CEC about preparation of reports and revision of electoral roles
6.     Article 51A of the Constitution of India


1.     Information in the 3rd Affidavit of R. B. Sreekumar dated 09-04-2004.
2.     CEC order dated 16-08-2002
3.     Reports of NHRC, NCM about fragile Law and Order situation in Gujarat State.
Most of the delinquents were given post retirement assignments and good postings.
12.
Deliberately avoiding maintenance of minutes of Law and Order review meetings chaired by the CM, other Ministers, the Chief Secy., ACS Home, Secretaries of Legal, Revenue, Health and Transport Depts., DGP and other Senior Police officers.
1.     Chief Secy. Smt. Swaran Kant Verma.
2.     Chief Secy. G. Subbarao
3.     Principal Secy. To the CM, Dr. P. K. Mishra
4.     ACS Home, Ashok Narayan
5.     Secretaries of Departments of Revenue, Law, Health, Transport from 27-02-2002 to 31-05-2002.
6.     DGP K. Chakravarti
7.     Range officers, SsP, DMs of riot affected areas.
1.     General instructions of GAD about maintenance of records
2.     All India Service Rules
3.     GCSR
4.     Manual of Office Procedure
5.     Circular captioned “Communal peace”
6.     Article 51A of the Constitution of India


Admission by officers who chaired and participated n various review meetings.
Most of the delinquents were rewarded as stated above. Dr. P. K. Mishra was appointed as Chairman Electricity Appellate Authority after his retirement on 31st Aug 2008.
13.
Serious lapses in investigation of riot related cases by the investigating officers (SHO) and their supervisors form Dy. SP to DGP.
SsP, CsP and Range Officers of the riot affected areas, ADGP Crime and DGP
1.     Directions in chapter 4 and chapter 5 of GPM vol-3
2.     Circular captioned “Communal peace”
3.     DGP K. V. Joseph’s booklet (Instruction to deal with communal riots - strategy of approach) – 1997
4.     All India Service Rules
5.     GCSR
6.     Recommendations of Justice Reddy (1969 riots) and Justice Dave (1984 – 85 riots).
7.     Article 51A of the Constitution of India

1.     Case papers of relevant cases
2.     Facts narrated in petition by riot victims to judicial bodies upto the Apex Court.
3.     Observation and recommendation of NHRC, NCM, CEC etc.
4.     Numerous critical observations by Courts from Sessions Court to the Apex Court.
5.     Monthly Crime Reviews and data on periodical crime conferences
Officers who remained slack in investigation for helping the accused had been rewarded with good postings and promotions, even though their work was under judicial scrutiny.
14.
Giving illegal written orders for not providing information to the national institution - NCM.
1.     ACS Home, Shri. Ashok Narayan
2.     DGP K. Chakravarti
1.     Govt. orders regarding providing information to NCM and other national bodies.
2.     All India Service Rules
3.     GCSR
4.     Article 51A of the Constitution of India

1.     Information in the 3rd and 4th Affidavits of R. B. Sreekumar.
2.     Copies of fax message from NCM containing contradictory orders from DGP K. Chakravarti.
Shri. Ashok Narayan was given five years post retirement assignment as the State Vigilance Commissioner.
15.
Illegal and unethical acts of tutoring, cajoling, pressurizing and intimidating a witness to the Commission – R. B. Sreekumar, when Commission summoned him for Cross Examination.
1.     Dinesh Kapadia, Under Secy. Home Dept.
2.     Shri G. C. Murmu, IAS (1985), Home Secy.
3.     Arvind Pandya, Govt. Pleader in the Commission
1.     Instructions of GAD to assist Govt. appointed Commissions.
2.     Govt. notification regarding Constitution of the Commission.
3.     Notification of the Commission calling for relevant data.
4.     All India Service Rules
5.     Article 51A of the Constitution of India
6.     The Advocates Act
1.     Information in the 3rd Affidavit of R. B. Sreekumar to the Commission including the audio recording of the conversations.
2.     Admission by G. C. Murmu and Shri. Dinesh Kapadia to SIT.
3.     Free admission by Arvind Pandya to the journalist Ashish Khaitan in operation “Kalank” about his act of intimidating Sreekumar. This information from Khaitan was admitted as evidence by Court in Naroda Patia judgment
When the conduct of Shri. Dinesh Kapadia and Shri. G. C. Murmu were under judicial scrutiny, they were promoted whereas R. B. Sreekumar was issued with nine point charge sheet for dismissal on the ground of keeping record of tutoring and intimidation on him by Murmu and Dinesh Kapadia.

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