The Naroda Patiya judgment...

The Special Court upholds TEHELKA’s sting operations as valid and reliable evidence. Excerpts from the judgment:

The Sting Operation carried by PW 322 (Prosecution witness Ashish Khetan) on A-18 (Babu Bajrangi), A-21 (Prakash Rathod) and A-22 (Suresh Richard) has revealed that the offences were continued for the entire day and that what can be inferred from the conversation of the three accused is, along with three accused, there were A-2, A-20, A-37 (Maya Kodnani), A-41 and A-44 as well. Though for A-2, A-20, A-37, A-41 and A-44 these conversation solely cannot be the foundation to bring home their guilt, but it can be used as corroboration after marshaling all the evidence against the accused. In this Sting Operation, it is stated that A-37 visited the site of the offence in the morning as well as evening on the date.

(3.1) A-18 and A-22 have revealed that they hated the Muslims too much and are very much interested in doing away the Muslims. A-18 had even collected 23 firearms on the previous night as preparation for massacre. They are unable to give any explanation for what reason, they came to Muslim locality and remained there for entire day of the occurrence...

(3.2) This makes it abundantly clear that A-18 has made notable preparation for the massacre to terrorize Muslims, take revenge of Godhra incident of previous day, do away Muslims in more numbers than death toll at Godhra Railway (S-6) Carnage. A-18 seems to be very much committed and determined to do horrifying massacre at Naroda Patiya.

(5) This Court has viewed the relevant part of DVD and CD to test the defence raised. Almost all interviews of A-18 were recorded at his personal office where there were his men around, it was his area and the PW 322 has visited as guest. During every episode of the interviews, everything apparently seems to have been done voluntarily. The talks of A-18 with eye contact is not possible if one is merely reading the script. A-18 talks about many things including, his social activities (according to him) of saving Hindu women from Muslim men who were joined with wedlock. A-18 also talks about his firm conviction and his severe disliking and opposition for Muslims and Christians, quoting them as two of his enemies. During the interview, A- 18 was sitting on the main revolving chair in the room in a very resting posture, who talks with all vigour and the entire talk looks very natural. A-18 also talks about numerous police cases having been filed against him and that he draws the map of Naroda Patiya and explains to PW 322 as to how on the date of the incident, Muslims were cordoned, surrounded and how race murders were committed. From his talk, violence sounds to be extremely common and routine activity of his life. His association with VHP and Bajrang Dal, according to him, is of 22 years. During the interview, he attends phone calls, responds to a caller stating that a reporter from Delhi is sitting in front of him and that even while telling this, nothing looks like he was reading any script. He was not even remotely appearing to have been talking under some inducement. He was absolutely free and talking voluntarily. There was no element of any compulsion on his talk. His conversation was very natural. The relevant VCD are No.1, 4, 9, 11, 12 and 14. The gist of the entire conversation recorded in the VCD have been attempted to put in the capsule form herein below which is accused wise...

(6) In the opinion of this Court, extrajudicial confession in this case possesses a high probative value as it emanates from the person who commits a crime, which is free from every doubt. PW-322 before whom the confession was given by A-18, 21 and 22 is an independent and disinterested witness who bore no eminence against any of the accused. This extra judicial confession, in case of all the three accused is relevant and admissible in law under Sec.24 of the Indian Evidence Act.

In the instant case, PW-322 is not a person in Governmental authority or in any manner an authority. There is no ambiguity in the version given. The Hindutva in the three accused has been linked by PW-322 with his identity which he has assumed for the purpose of recording the sting operation. It is this identity and cordial relationship that has created tremendous high level of faith and confidence in the mind of the accused where they felt PW- 322 is their own person and their interest is same. The extra judicial confession of all the three accused does not lack plausibility and inspires confidence of the Court.

This Court is therefore, of the opinion that, though extra judicial confession in the very nature of things is a weak piece of evidence, but, in the instant case, in a very peculiar facts and circumstances, this extra judicial confession needs absolutely no corroboration. It stands proved with the substantial evidence of PW-322, the CD, VCD and the oral evidence of FSL scientist, etc. Hence, this extra judicial confession considering the foregoing discussion on its own merits, is found very dependable, reliable, having the contents full of probability and that it is absolutely found safe to convict the accused on this extra judicial confession.

‘Bravo Tehelka. India can still be secular’

Refer to Tarun Tejpal’s ‘It has taken 10 years to start closing some pages of the book of justice’ 8 September.

Tarun, brilliant and awesome essay on Gujarat. I feel so overwhelmed by it. TEHELKA’s role in attaining some sort of closure on Gujarat, the support a midsized media group gave to its valiant reporters, especially Ashish Khetan, are stirring chapters in the history of Indian journalism, much of which is utterly compromised today. You, too, could have easily sat back and played the forgetting game. Khetan’s role is epic and history will remember him. His reportage, using new techniques, totally eclipses the forgotten exposés of other illustrious ‘former journos’. Your essay looks mighty impressive compared to the spurious, ghostwritten pieces of some other wellknown editors. When those dogs walk out of jail after 20 years, their ears will ring with your stories.

Binoo John, ON EMAIL

Well done Tarun. India will remain a secular country because of a committed few like you. May you live long.

Afsar Faheem, ON EMAIL

I am very proud to be an Indian and I hold my head high because of people like you. History will be very kind to you and your staff. In today’s age, when journalists are turning into cheerleaders for the rich and powerful, your magazine is a breath of fresh air.

Sajjad Quraishi, ON EMAIL

I’ve been a regular reader of TEHELKA for the last eight years and I must say I haven’t seen a better magazine in India yet. Where were you all these days? We missed your incisive editorials. Do write more and often. I salute your courage and devotion to impassioned and objective reporting, and please never give up. TEHELKA should be there till the end of time. TEHELKA’s vision and its intrepid reportage is a beacon for democracy and free speech. Please do launch a television channel as well, if possible. I am sick of the NDTVs and IBNs. We need something like Al Jazeera and I am sure TEHELKA can fill that void.

Hussain Maricar, ON EMAIL

Kodnani, a foot soldier, has been convicted. Yet, that barbarous, proto-fascist, troglodyte, sociopath Modi remains defiant and remorseless. While one must give some credit to an otherwise tedious and sluggish judicial system, it beggars belief, that this man has a virtual iron ring of protection around him. Has anyone thought about a brief at the International Criminal Court? Fantastic work Ashish Khetan. I wish we could see the entire footage of his undercover work. His chilling account of a court, in Gujarat, with Judge Joshi and a defence attorney derisively and jointly ridiculing him, is just beyond surreal. I can nearly visualise it: a tacky Bollywood movie, almost, where the judge could assume the role of a village strongman, spewing insults from a paan-stained mouth, while his second-fiddle goonda defence lawyer smirking like a tacky Bollywood baddy. Bill Hicks put it well: In many parts of the world, people are screaming “Revolution, revolution”, but in some parts of the US (read India), we’re still screaming “Evolution, evolution”.

Jake P Joseph, ON EMAIL

In my opinion, I feel you could achieve a lot more. It might seem easy for me to say it as I don’t have to bear the wrath of cops or the intolerant zealots. Still, the perpetrators of heinous crimes against humanity are walking free and have been given powerful political positions in civil service, paramilitary, military or police forces in India. You must expose these criminals.You expose them by not letting up. Clearly, this verdict is a victory of sorts, however anaemic and hollow it might be. But why does it feel like the media has let up? It may be because I have not read a single article that has tried to raise the question at this critical juncture about so many others who are just as guilty. Why is Narendra Modi still free? This was a conspiracy, in every sense of the word, and Modi and the Gujarat police are coconspirators. They are as guilty as Babu Bajrangi and Maya Kodnani. TEHELKA is probably the only one that has done much to fight injustice. But surely you must agree that a lot needs to be done and should be done, soon. If not now, then when? If not you, then who? Please convey my sincerest regards to Ashish Khetan. Thank you Ashish for all you have done. May God bless you.

Rajbir S Sandhu, ON EMAIL

Thank you for the job you and your organisation has done. Please keep it up.

Jose Varghese, ON EMAIL

Truth Perception

Refer to ‘The Sting in the Story’ by Ashish Khetan, 8 September.

Amazing work by TEHELKA. It was an eyeopener. I have spent the whole day reading about it. To be honest, and I am embarrassed to admit this, I first read about The Naroda Patiya incident when I saw it trending on Twitter. Googling ‘Ashish Khetan’ led me to TEHELKA’s website where I read every possible link about the sting and the carnage. It was horrible, inhumane, barbaric and has totally changed my thinking. I couldn’t believe it was responded to by silence — from the government, politicos, media and common man alike. Mr. Khetan’s account of how he was interrogated, and the biased system, has completely wiped out the little respect I had for the political class. Blow-by-blow, videotaped accounts about all that happened – it’s all there for us to see. But why was it ignored? Is there no value at all for human life? It is shocking. I had never talked/read about the Gujarat riots in detail. 20-year-olds like me prefer to see Gujarat’s development. Till 28 August 2012, I had immense respect for Modi and the work he had been doing in Gujarat. Not anymore. How could he commit such a heinous crime? Don’t the accused and the rioters, who roamed freely for years, ever feel guilty? Can a person sleep after doing such things? It is just overwhelmingly painful to read and think about. In the times we live, our time and brains are occupied thinking of our individual selves and futures. Infosys going in to losses and not recruiting like before has become much bigger issues to our generation, than what happened in ‘84 and ‘02. Till today, nobody in my class knew or talked about the historic verdict. It is just shameful and thought-provoking. From now on, I vow to look at the whole picture first before forming opinions, to think beyond myself and to think and do something that benefits the society and my nation. We, youngsters, have reduced our patriotism to cricket matches and movies. It’s time to change that. For Mr Ashish Khetan: amazing, ground-breaking, heroic, courageous work. Adjectives fall short in describing what you did. For TEHELKA: I’m a big fan of your brand of journalism. Keep up the good work. Looking forward to reading more.

Mahima Sood, ON EMAIL

I sincerely appreciate your extraordinary and historic contribution to the enhancement of justice and human rights protection in this world. Thank you very much on behalf of billions of mere spectators.

Siva Reddy, ON EMAIL

I am grateful for your selfless efforts in exposing this criminal masterminds. We are all grateful. We would love to have you go around the country and give lectures about this experience. The respect you have earned will make people believe in justice again. Honestly, I don’t remember when justice was served unbiased in the history of our country. We need hope. Thank you again. Also, try to make TEHELKA’s presence felt in South India too. We also need true journos like you. We young Indians, millions of us, desperately want to get involved in a secular political framework but are clueless without the means. People like you must form a way, like a forum, to enable this and to impart awareness. Thank you.

Santhosh Neyveli, ON EMAIL

‘TEHELKA did not stop at just reporting the facts’

Refer to Shoma Chaudhury’s ‘Much Remains Undone’ 8 September.

I must salute you and your entire team for your efforts in bringing justice to the poor and marginalised victims of the 2002 Gujarat riots. Yourself and TEHELKA have opened up a new chapter in journalism — that journalism was not just reporting what sells, but reporting the truth in its raw form. However, TEHELKA did not stop at just reporting, it has ensured justice to the victims. It is a historic judgement. You and your entire team will remain in the hearts of all those people who love the peace, harmony and integrity of this country.

Arun, ON EMAIL

I must congratulate TEHELKA and you for speaking out for the Gujarat riot victims and taking on Narendra Modi. I think that it is secular voices like you, Teesta Setalvad and others that make India great. I would like to just say that keep up the good work.

Sjt Kazmi, ON EMAIL

Thought I must congratulate you on your moving piece.

Anmol Saxena, ON EMAIL

Now the BJP is forced to face up to a few unwelcome truths about its state unit in Gujarat. Post-Narodia Patiya, it can be said, with certainty, that the riot was “premeditated” and not “spontaneous”. It is reassuring that for the first time the instigators of riots were bracketed with the actual rioters on the field and held accountable for the killings. I hope Mayaben Kodnani and Babu Bajrangi’s punishment will act as a deterrent to others. The verdict is also significant for finding no distinction between mob violence and individual violence concerning the criminality involved in both. It is also established that it is futile to invoke ‘popular support’ and ‘development plank’ to condone communal carnages. It is an enlightened idea that truth paves the way for reconciliation and justice for peace. In its own way, the special trial court in Ahmedabad, instituted at the behest of the Apex Court, by its landmark verdict, has advanced the cause of reconciliation and peace.

G David Milton, ON EMAIL

Shoma, brilliant article. Kudos to you!

Dixie, ON EMAIL

Firstly, I would like to thank you and the whole team of TEHELKA for the excellent work they have been doing. Secondly, I can certainly say that the tapes of the Gujarat riot perpetrators and the evidence that they provided was key to the sentencing of the culprits in the landmark judgment. TEHELKA is one of the few unsung heroes of our times. Looking at the current situation, where the overall morality of our country has degraded so much, your publication is one of the few that gives me some hope. If possible please also thank Teesta Setalvad on my behalf. I have been following her work and she is also one of the real heroes of this country.

Aviral Mehta, ON EMAIL

Thanks for your wonderful interview with Teesta Setalvad. And thanks to TEHELKA for their years of sting operations! Your work is irreplaceable.

Aamir Qureshi, ON EMAIL

TEHELKA, Teesta, RB Sreekumar, Sanjiv Bhatt, Rahul Sharma, and you are the hope of tomorrow. May God bless you all.

Siddeeque Valiyakath, ON EMAIL