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Tehelka scoops amicus curiae Raju Ramachandran’s recommendations to Supreme Court on the Gujarat 2002 SIT Report
RAMACHANDRAN’S RECOMMENDATION: PROSECUTE NARENDRA MODI!
Contrary to media reports over the past week, amicus curiae Raju Ramachandran had not concurred with SIT Chairman RK Raghavan in giving a “clean chit” to Modi or even for filing for closure on Modi’s culpability in the Gujarat 2002 case.
Instead, in an explosive and damning confidential report, now scooped by Tehelka Investigations Editor Ashish Khetan, the senior Supreme Court lawyer had recommended chargesheeting and prosecuting Modi under sections 153A, 153B, 166 and 505 of the Indian Penal Code for incitement to communal violence, promoting religious enmity, doing acts prejudicial to national integration and maintenance of harmony and deliberately and wantonly disobeying the law with intent to cause injury. If convicted, some of these offences carry a maximum jail term of upto 3 years.
Interestingly, Ramachandran had come to these conclusions based on the detailed findings of the SIT report itself. In a hard-hitting statement, while recommending chargesheeting Modi, he said, there was enough evidence gathered by the SIT team itself, and it was “illogical and legally untenable” to come to any other conclusion. Contrary to SIT Chairman RK Raghavan’s concluding remarks which had recommended closure, he felt there was enough prosecutable evidence against Modi to put him on trial under these sections of the IPC. Among the grounds on which he agreed with Raghavan was that, based on the material the SIT team had gathered so far, there was no prosecutable evidence, as yet, to charge Modi of a conspiracy.
However, in a highly significant recommendation, he also said it was premature to discard police officer Sanjeev Bhatt’s allegation against Modi and his presence at the crucial 27 February 2002 meeting at which Modi is alleged to have told his officers to allow Hindus to “vent their anger”. He felt the truth of this could only emerge through weighing the evidence at the trial stage.
Raju Ramachandran made many other significant and strong observations against the Modi administration. His confidential report to the Supreme Court raises serious questions about SIT Chairman RK Raghavan’s insistence on filing for premature closure, despite the damning evidence gathered by his own SIT team.
Read full story: What the Amicus really told the Supreme Court: Prosecute Modi!