Mr. Tyagi,

Well said and thank you for the positive response to sanjay’s work.

Sanjay,

A great concept, brilliant work and thank you for remembering us and ours. I see a lot of comments on “riots” vs. “genocide”. Please note we come from pain and since we haven’t had justice, we still walk around with that pain without resolve. I thank you for telling this story as impact on the children. I was 9 when it all started and played out very similarly in the state of Punjab only slower and longer.

Humble request: It would be great to see something like this from the state of Punjab Gurdaspur and Amritsar area. The regional youth is severely drug addicted and I think you can tell their story!

Keep up the brilliant work!

Attn:- Madam Kiran Bedi

Mr. Justice (Retd) Santosh Hegde, kindly granted me the appointment and I met him at 10.00 Hrs today on December 1, 2012 at his residence at Bangaluru in connection with the following matter.

I was trying to get the support of Mr. Hegede because I was under the impression that Mr. Hegde is still the executive body member of ‘India Against Corruption’ (IAC) of Anna Hazare and his Team (including your goodness).

But Mr. Hegde told me that he is no more with IAC hence I can (in individual capacity with some individuals) go-ahead with this petition in Supreme Court by engaging an advocate (in addition to other provisions of law, also by invoking the inherent power of the Court and also under Article 21 and 32 of Indian Constitution along with petition in NHRC to intervene in this Supreme Court proceedings with Court permission under Section 12 (b) of the Protection of Human Rights Act).

I otherwise also could have filed this petition in Supreme Court in my individual capacity but as your goodness knows that unless some organization (like IAC) is backing this petition nothing good and effective will come out of it.

Therefore I request your goodness to kindly talk to other executive members of IAC (And Anna) and after taking a press conference (with other executive body members of IAC and preferably with Anna too) in Delhi, kindly ensure that this petition is filed in Supreme Court at the earliest, so that not only ‘Hatyare’ (murderers) do not rule India (at Centre and in States) but also such unfortunate massacres (as in 1984 and 2002) which take away the lives of thousands of innocent people (which also badly tarnishes the secular image of India in world community) do not take place in future in our country.

I am prepared to come to Delhi for assisting your goodness / IAC in filing this petition in Supreme Court regarding Section 130 and 131 CrPC etc.

Regards.

Yours truly

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Richfield, Minnesota – 55423, USA, Ph: 612-202-4053

Presently at – Bangaluru – 560078

xxxxxxxxxxxx

Dr. Ajaib Singh
Member, National Commission for Minorities
New Delhi

Hon’ble Sir

In the petition discussed below regarding 2002 massacre of Muslims in Gujarat, the 1984 massacre of Sikhs should also be included so that justice is done to the thousands of Sikhs massacred at Delhi

Regards

Hem Raj Jain

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Hon’ble Sh. Wajahat Habibullah
Chairperson
National Commission for Minorities
New Delhi

Sub:- Clarification about Your Honor’s reply to my petition to NCM

Hon’ble Sir

In reply to my following online petition dated November 27, 2012 to NCM (addressed to Hon’ble Ms. Syeda Bilgrami Imam, Member, National Minorities Commission), today on November 29, 2012 I have received your following kind reply via email.

As I could not understand the full meaning of your kind reply therefore Your Honor is requested to kindly clarify the following:-

(1)- Is it Your Honor who will be discussing this matter with Members of NCM (Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala) ?

(2)- Or Your Honor is directing and referring me to Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala to discuss this matter ?

(3)- In case Your Honor is directing and referring me to discuss this matter with Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala – then as Your Honor is aware that I live at Bangaluru then are Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala coming to Bangaluru ?

(4)- If not then, is Your Honor expecting me to come to Delhi or at any other place where Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala will be available for this discussion ?

(5)- What will be the place, date and time suitable for Hon’ble Mr. Vinod Sharma and Hon’ble Mr. K. N. Daruwala to discuss this matter ?

Regards

Yours truly

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

xxxxxxxxxxxxxxx

From whabibullah@nic.in
To jainhemraj59@gmail.com

May like to discuss with Vinod and Keki

Xxxxxxxxxxxxx

To
Hon’ble Ms. Syeda Bilgrami Imam
Member, National Minorities Commission (NCM)

Sub:- Petition to kindly help in filing the following Court cases about 2002 Gujarat massacre of thousands of innocent Muslims.

Hon’ble Madam:

The following Court cases ought to be filed without any further delay so that not only justice is done in Gujarat 2002 massacre of thousands of innocent Muslims (the largest minority community in India) but also such massacres do not take place in future any where in India and for this purpose and mission I seek your kind help and guidance:-

(1)- Prominent media has reported that JCMOE Chairman Syed Shahabuddin has publicly asked Gujarat Chief Minister Narendra Modi to offer at least 20 assembly tickets to Muslims in coming Gujarat Assembly elections. The JCMOE (Joint Committee of Muslim Organizations for Empowerment) is an umbrella body of these 10 Muslim organizations – 1. Jamiat-ul-Ulema Hind: Maulana Arshad Madni, President, Maulana Mahmood Madni, General Secretary 2. Jamaat-e-Islami Hind: Maulana Jalaluddin Umri, Amir-e-Jamaat 3. All India Majlis-e-Mushawarat: S.Shahabuddin, President 4. All India Milli Council: Dr. Manzoor Alam, General Secretary 5. Movement for Empowerment of Muslim Indians (MOEMIN): Moosa Raza, President 6. All India Momin Conference: Furkan Ansari, MP, President 7. All India Shia Conference: Shamim Kazim, President 8. Markazi Jamiat-e-Ahle Hadith: Maulana Asghar Imam Mahdi Salafi,General Secretary 9. Imarat-e-Sharia: Bihar: Maulana S. Nizamuddin, Amir-e-Shariat 10. All India Muslim Educational Society: Bashiruddin Babukhan, Vice President.

(2)- This act of JCMOE is nothing short of en-cashing 2002 Gujarat pogrom on the dead bodies of thousands of massacred innocent Muslims. The JCMOE is doing it for the simple reason that it is afraid of getting proper cases filed in Courts for prosecuting government functionaries (the then Prime Minister Vajpayee, Union Home Minister Advani, Defence Minister Fernades, Chief Minister Modi and other concerned public servants) – who were legally responsible for this 2002 massacre.

(3)- The entire matter of justice for the victims of Gujarat massacre 2002 can broadly be divided in three categories based on the fundamental distinction that in category (1) & (2), no evidence is needed from the victims of this massacre and Higher Judiciary of its own should have imparted justice long back, based upon government records only. Whereas evidence is needed from the victims for the category (3) only, where Higher (subordinate) Judiciary is dependent on the evidences from the victims in various cases pending in courts :-

Category (1)- Events from 28/2/2002 to mainly 3/3/2002, concerning Gujarat Government :-

(4)- People in large numbers came on streets all over riot affected Gujarat due to call for State-wise ‘Bandh’ (illegal, as in view of emotionally charged atmosphere due to Godhra incidence there was no permission from authorities of Gujarat for this State-wise Bandh) given by Vishwa Hindu Parishad (VHP) and supported by its traditional allies / associates like BJP, RSS, Bajrang Dal, Shiv Sena etc. Despite no permission for Bandh thousands of Bandh observing people under the ‘office bearers’ of these Hindutva out-fits came on streets and indulged in heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

(5)- Police of Gujarat (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, jointly responsible under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates of areas were under legal obligation to arrest / get arrested these ‘office bearers’ of VHP, BJP, RSS, Bajarang Dal, Shiv Sena etc. not only for carrying out illegal Bandh but, under section 34 and 120-B, 511 IPC, also for their complicity in / responsibility of heinous crimes of rioters, including crimes of murder, rape, assault, arson, loot, criminal trespass etc.

(6)- But on the contrary, the vice-president of Vishwa Hindu Parishad (VHP) Acharya Giriraj Kishore could address press during riots (as was reported by entire media) and office bearers of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc. could get away during these 2002 riots without getting arrested and prosecuted for these heinous crimes of murder, rape, assault, arson, loot, criminal trespass etc.

(7)- Higher judiciary does not need any evidence from the victims of Gujarat riots 2002 (A)- for prosecuting at-least these perpetrators (the ‘office bearers’ of VHP along with its allies / associates BJP, RSS, Bajarang Dal, Shiv Sena etc.) who committed these heinous crimes by their ‘acts of commission’ and (B)- for prosecuting public servants (right from SHO of police stations of riot effected areas to their superiors up-to S.P., Commissioner, IG, DGP etc including intelligence, jointly responsible under section 36 of CrPC) and the then Home Minister and the then Chief Minister and their Secretaries and Executive Magistrates – who by their ‘acts of omission’ allowed these rioters on street (despite no permission for Bandh) to commit these heinous crimes with impunity.

(8)- Here it is needless to say that once Higher Judiciary ensures the sanction for prosecution of said public servants and prosecution of all these criminal (who by their acts of omission and commission respectively, are responsible for these heinous crimes) then the entire out-come of the category (3) too would be immensely impacted in the interest of justice.

Category (2)- Events from 28/2/2002 to mainly 3/3/2002, concerning Central Government :-

(9)- Whether the police force needed, for the dispersal of unlawful assembly, under section 129 CrPC was provided to Executive Magistrates by Gujarat Government adequately or not – may be decided by Court hence it needs no mention here. But here what is important is to go into provisions of section 130 and 131 of CrPC, which are related to use of armed forces (military) to disperse such assembly / rioters and power of certain armed force officers to disperse this assembly / rioters, respectively.

(10)- As per section 130 CrPc when such assembly cannot be dispersed by police force, then the Executive Magistrate is to get it dispersed by the armed forces. So when rioters could not be dispersed during 2002 riots by police force then concerned Executive Magistrates in all the riots affected areas of Gujarat were legally expected to call armed forces to disperse the rioters. No body else (including Ministers or Chief Minister) is legally expected to call the armed forces. It is only Executive Magistrate on the spot who has to call the army in such scenario and while in office, he is under legal obligation to keep himself informed that from which nearest pace (and not from distant India’s capital Delhi) he will get military for this purpose of dispersing such assembly / rioters. The calling of army in 2002 by Chief Minister (or by any other authority) and that too from distant Delhi was against section 130 CrPC. The then Union Home Minister was legally expected to move the competent authority for the dismissal of the then Government of Gujarat (under Article 356 of the Constitution) due to breakdown of rule of law, where Executive Magistrates of various districts were not calling Army from nearest places in Gujarat to curb the rioting in Gujarat.

(11)- But what is more legally objectionable is the act of omission of the then Prime Minister and Defense Ministers and their secretaries in Union Government which caused these heinous crimes of rioters at such large scale. As per section 131 CrPC once military is in the area where rioting is going on then prior permission of / requisitioning by Executive Magistrate is not required. Army officers at site are legally expected to curb the rioting with the use of force, whatever force reasonably required, and by keeping Executive Magistrate informed to the extent possible.

(12)- In a nutshell, once army is deputed in the rioting area then it is not the State Government but the Union Government (under which Army is), which is primarily responsible for mobilizing adequate armed forces for effectively curbing the riots. Hence for this acts of omission, the Army officer in rioting areas (and their senior officers in command and control), the then Defense Minister, the then Home Minister and the then Prime Minister and their Secretaries deserve to be prosecuted.

(13)- In this matter of filing proper Court cases, the Muslims are not getting any help from Congress (the ruling party at Centre and opposition party in Gujarat) because of (i)- 1984 massacre where thousands of Sikhs (another minority community in India) were butchered and there too sections 129, 130 and 131 CrPC would come into play (and that too in Delhi where there has been huge presence of Military) and which would embarrass Congress which was in power at Delhi in 1984 and (ii)- Unwillingness of political class in general to make military the ultimate hope (though it is legally expected under Sections 130 and 131 CrPC ) for the threatened victims of any riot / massacre.

(14)- JCMOE which has knowledge of these legal provisions to prosecute (in addition to other responsible for this 2002 massacre) the said government functionaries due to fear (because no political party is supporting them in this matter) is trying to buy peace for ~ 180 million Muslims in Hindu majority India by getting some money or jobs or place in elected bodies for the victims, their relatives or family members or even for the Muslim community – without realizing for a moment that how the departed souls of the butchered thousands of Muslims would rest in peace if people (especially State functionaries who are more culpable) responsible for this 2002 Gujarat massacre are not punished as per the provisions of law.

Madam, I have been contacting for the last more than an year so many people and authorities (including Hon’bles PM, SCI, GHC, NHRC, GSHRC, NCM) for the purpose of getting these court cases filed but it seems people are not interested (may be out of fear) to get justice to the victims of 2002 Gujarat massacre. I sincerely hope that you as NCM Member will ensure that these Court cases are filed without any further delay.

Though with my legal background I am confidant that the said Court cases are in accordance with law of the land but still if Your Honor thinks it proper (and for Your Honor’s satisfaction) then I can get further legal opinion about said Court cases (related to section129, 130, 131 CrPC etc) from Mr. Justice (Retd.) Santosh Hegde (if Your Honor kindly refer me to him) who lives at Bangaluru and who also participated with Your Honor and others (recipient of the copy of this petition) in ‘Inter Commission Dialogue on Child Rights in India’ held on February 22, 2012, at Magnolia Hall, India Habitat Center, New Delhi (in context to add that in 2002 Gujarat massacre children & women also suffered)

Regards

Yours truly

Hem Raj Jain

(Petitioner)

Aged 67 years S/o Late Sh N. C. Jain

Presently at – S/72, Maya Indraprasth, J P Nagar Ph VI th, Bangaluru – 560078, India, Ph:- 080 – 41144997, 07829074704

CC to – Mr. Justice (Retd) Santosh Hegde, Bangaluru

Attack on a religion which was made by Guru Nanak Dev Ji for the well being of Hindu community only.Its really shameful.

But still we are together and will be.Singh will remain King always……

Hi Aastha,
Thanks for your comments. It will be great to read your paper when you finish it. Do share your observations. . Regards

I am currently working on a paper on the Anti-Sikh pogrom that you have covered and trying to re-write it through memory recollections. That is how I came across your photo essay. The concept is absolutely brilliant and should be theorized as it will help understand effects of trauma better. And perhaps help those killers understand that what they do now has consequences they cannot imagine. Even after seeing them in Delhi, free and running our country, my belief in God and Karma falters slightly. But I hope I am proved wrong.

Take care and thank you for such a brilliant essay.

Hi Jaz, I agree with you totally . What happened in 1984 was a pogrom. I am only going by the popular description of what happened. But no where does one say it was a riot alone. it is referred to as Anti-Sikh riots.