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JANSANGHARSH MANCH 104, Maharanapratap Complex, Ellisbridge, Ahmedabad. Ph. 07926577280

JANSANGHARSH MANCH 104, Maharanapratap Complex, Ellisbridge, Ahmedabad. Ph. 07926577280. CONSPIRACY- TIME SEQUENCE. Shri K.C.Bawa, IO, had filed the first Charge-Sheet on 22.5.2002 but there were no charges under POTA

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JANSANGHARSH MANCH 104, Maharanapratap Complex, Ellisbridge, Ahmedabad. Ph. 07926577280

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  1. JANSANGHARSH MANCH 104, Maharanapratap Complex, Ellisbridge, Ahmedabad. Ph. 07926577280

  2. CONSPIRACY- TIME SEQUENCE • Shri K.C.Bawa, IO, had filed the first Charge-Sheet on 22.5.2002 but there were no charges under POTA • The FIR registered on 27.2.2002 was not even under section 120B of Cr PC. 120B was added on 7.3.2002. • POTO was added on 3.3.2002 and withdrawn on 25.3.2002

  3. Conspiracy- Time Sequence • Jabir Binyamin Behra, a small time history sheeter was arrested on 22.1.2003 • On 5.2.2003, a confession is recordd u/s 164 of Cr.P.C. • In this “confession” Behra said “..had gone to pan na galla at 11.30 pm where Bilal haji and Farouque Bhana had come. The pan na galla was of Rajak Kurkure.They told us that they had come after meeting Maulana Saheb. Maulavi Saheb had said that train cominf from Ayodhya to Sabarmati is coming. Burn down the S6 coach of that…”

  4. Conspiracy- Time Sequence • On this piece of evidence Mauluvi Hussein Ibrahim Umarji was arrested at 3.45 am in the early morning on 6.3.2003 and projected as the main CONSPIRATOR. His charge-sheet was filed on 19.5.2003 • Umarji was not arrested under POTA and POTA was applied to the Godhra case only on 18.3.2003!!

  5. Conspiracy- Time Sequence • Who was this “International Terrorist”? • Under the Orders of the District Collecor Godhra, Umarji was the incharge of the official relief camp at Iqbal Primary School since 5.3.2002 • He met Atal Behari at Godhra on 4.4.2002 • He met Deepak Swarup, IG Baroda range, DSP, Godhra and District Collector Jayanti Ravi on 3.3.2002 and regularly thereafter. • QUITE AN OFFICIAL TERRORIST!!!

  6. Chalo Ayodhya PURNAHUTI MAHA YAGNA AT AYODHYA: It all began with the mobilization by the Vishwa Hindu Parishad (VHP) for a programme at Ayodhya, which they have called “Purnahuti Maha Yagna” 1.1.1

  7. Starting for Ayodhya 1.1.1

  8. Cont… PURNAHUTI MAHA YAGNA AT AYODHYA: Three groups of about 2000 each of Ram Bhakt Karsevaks were to go to Ayodhya. The first group was to leave Ahmedabad on 22nd February 2002 and reach Ayodhya on 24th February 2002 (paragraphs 20 and 21 of the Affidavit). 1.1.1

  9. TRAVEL OF KARSEVAKS FROM GUJARAT TO AYODHYA: As per the affidavit of VHP (Para 22), the group of 2200 Ramsevaks which had gone to Ayodhya from Ahmedabad on 22nd February 2002, had started their return journey from Ayodhya to Ahmedabad on 26th February 2002. 1.2.1

  10. Cont… TRAVEL OF KARSEVAKS FROM GUJARAT TO AYODHYA: Shri Mohabatsingh J. Jhala (witness no. 17) who was working as PSI at Godhra Police station in (Ex. 60) stated that on 27th February he along with 9 other policemen had accompanied the 1500 or so Karsevaks from Godhra to Dahod and had reached Dahod around 2.00 a.m. in the morning. 1.2.6

  11. Homeward Journey From Ayodhya to Godhra by Sabarmati express : As per innumerable evidences, including the evidence of the passengers and the driver of the train Shri Rajendrarao Reghunathrao Jhadav (Ex. 37), the Sabarmati Express was running late by about 5 hours. 2.1.1

  12. Cont… From Ayodhya to Godhra by Sabarmati express : Shri Mohabatsingh J. Jhala has said that he was not aware of the fact that the said train was carrying any Karsevaks. He has also said that his police station also did not have any such information (para 3 of cross examination at page 3). 2.1.2

  13. Cont… From Ayodhya to Godhra by Sabarmati express : Shri Raju Bhargava, the then DSP, Godhra in his deposition before this Hon’ble Commission (Ex. 86, page 5) has stated that they had not received any information either from the LIB or the local police station that there was any possibility of a particular group creating trouble and they had no information about the definite dates of the movement of Karsevaks. 2.1.3

  14. Cont… From Ayodhya to Godhra by Sabarmati express : Shri K.A. Chakravarty, the then DGP, in his deposition before the Commission (Ex. 5627) has stated that the information regarding the return of the Karsevaks. Had we received any information in this regard, we would have certainly made all arrangements to ensure that no untoward incident takes place. 2.1.4

  15. Cont… From Ayodhya to Godhra by Sabarmati express : Shri R.B. Srikumar, Addl. DGP in his cross-examination on 31/8/2004 had stated that there were no information from the Central Information Bureau regarding the movement of Karsevaks from Ayodhya to Godhra/Gujarat. 2.1.5

  16. Cont… From Ayodhya to Godhra by Sabarmati express : Shri Ashok Narayan, the then Addl. Chief Secretary, Home Department also does not disclose or reveal any information regarding the travel of Karsevaks from Ayodhya to Gujarat (Ex. 3748). 2.1.6

  17. Cont… From Ayodhya to Godhra by Sabarmati express : In fact there is absolutely no evidence either documentary or oral on the record of this Hon’ble Commission that any person in Gujarat (except may be the VHP itself) knew about the specific date of the travel of the Karsevaks from Ayodhya to Gujarat on 26th February 2002 2.1.7

  18. Cont… From Ayodhya to Godhra by Sabarmati express : and therefore, in the absence of this most vital piece of evidence regarding the specific information of the travel of the Karsevaks, it is submitted that the fundamental link in the conspiracy theory breaks down. 2.1.7

  19. Reserved and Unreserved Passengers : The train no. 9166 UP Sabarmati Express had 18 coaches including the S-6 coach no. 93498 which was flanked by S-5 and S-7 having nos. 89465 and 87206, respectively 2.2.1

  20. The train that divided Gujarat 2.2.1

  21. Cont… Reserved and Unreserved Passengers : The entire train was extremely over crowded with the entire crowd of over 2000 karsevaks boarding this train and as evidence shows they neither had any tickets nor any reservations. The reservation chart of the S-6 coach for 26/27 February 2006 shows that almost all the 72 berths were reserved save and except the berth nos. 40, 65 and 68. 2.2.2

  22. Cont… Reserved and Unreserved Passengers : The evidences of the regular passengers who have deposed before the Commission clearly establishes the fact that almost all of them were not able to get the berths which were reserved for them as they were all occupied by the Karsevaks 2.2.2

  23. Cont… Reserved and Unreserved Passengers : The Ticket Examiner (TTE) Mr. Deepak M. Chhablani who has given his deposition at Ex. 56 has stated that from Ayodhya to Ratlam there was absolutely no checking done since there was rally of VHP & Bajrangdal and the train was crowded. 2.2.5

  24. Cont… Reserved and Unreserved Passengers : The evidence on record over whemingly establishes that all coaches were over crowded and S-6 coach had around 150 to 200 passengers including a large no. of karsevaks 2.2.6

  25. Godhra prior to 27/2/2002 Godhra does have a history of communal conflagration. In fact till 1992 there have been around 6 or 7 occasions where rioting have taken place between the Hindus and Muslims. But thereafter almost for a whole decade Godhra had been very peaceful. The communal contradictions had apparently receded to the background perhaps due to the business interests of the two communities. 2.3.1

  26. Cont… Godhra prior to 27/2/2002 : Due to the declaration of the Shilanyas ceremony at Ayodhya on 15th March 2002, a certain amount of communal compassion aroused, but so far as Gujarat was concerned, there was no communal tension reported from any part of Gujarat 2.3.2

  27. Cont… Godhra prior to 27/2/2002 : In his affidavit, Shri Ashok Narayan, the then Additional Chief Secretary, Home Department, at para 5.8 had stated that the programme of shilanyas at Ayodhya on 15th March 2002, which was announced quite a few months back along the length and width of the country. But as far as Gujarat was concerned, the only intelligence input available to the Government was the movement of the Karsevaks to Ayodhya. This also did not generate any compassion or communal frenzy within the state. 2.3.3

  28. Cont… Godhra prior to 27/2/2002 : Hence there was absolutely total lack of tension which would vitiate communal riots in the state. The communal detriment were not preceded by any type of surcharged atmosphere. The likely occurrence of the communal passion at that point of time was also very remote. 2.3.3

  29. Cont… Godhra prior to 27/2/2002 : It is also now an established fact that prior to 27/2/2002, three large groups of Karsevaks had departed from Ahmedabad to Ayodhya on 22nd, 24th and 26th February, 2002. All these three groups had traveled by the night trains and have also crossed the town of Godhra in the late nights. There is absolutely no evidence on record to even remotely suggest that the safety and security of the Karsevaks were threatened at Godhra. 2.3.4

  30. Cont… Godhra prior to 27/2/2002 : If the Government of Gujarat’s concocted story is to be believed that 140 litres of petrol was acquired by the conspirators at about 10.30 p.m. on 26th February 2002 from the petrol pump of Kalabhai, one wonders why the conspirators did not burn down the Sabarmati express carrying the Karsevaks going to Ayodhya in the dead of the night on 27th rather wait for the Sabarmati express coming from Ayodhya delayed by about 5 hrs and that too not having the knowledge that the Karsevaks were coming by that train. 2.3.4

  31. Cont… Godhra prior to 27/2/2002 : Shri Mohan Jagdish Yadav, the RPF Constable and eye-witness to the altercation in the Godhra Railway Station, was himself on patrolling duty between A-cabin and the CPWI office, which is in the Godhra Railway station, between 8.00 p.m. on 26/2/2002 and 8.00 a.m. on 27/2/2002. Shri Mohan Yadav thus was patrolling exactly the area where the conspirators ought to have been planning their move and precisely during the very time of the event in the morning of 27/2/2002. .” 2.3.5

  32. Cont… Godhra prior to 27/2/2002 : Thus what Mr. Mohan Yadav has to say in his deposition before this Hon’ble Commission “There is a culvert between “A” cabin and CPWI office. I did not see any suspicious movement near and around culvert before the arrival of Sabarmati train at Godhra station. I did not see any suspicious movement throughout the route between “A” cabin and CPWI office before arrival of the train.” 2.3.5

  33. A Cabin and the Station 2.3.5

  34. Cont… Godhra prior to 27/2/2002 : From the evidence on record, it is therefore, absolutely obvious that the situation of Godhra city was absolutely normal without any form of communal tension and even as late as the time of arrival of Sabarmati Express, there is no evidence whatsoever of any unusual happenings around the area where the S-6 had caught fire. 2.3.6

  35. Arrival of Sabarmati Express at Godhra Late Arrival at Godhra: On 27th Feb.2002, the Sabarmati Express from Ayodhya had arrived on platform no.1 at Godhra Station at 7.43 hours in the morning almost five hours late. 3.1.1

  36. Cont… Late Arrival at Godhra As per the deposition of Shri Jaisinh Khushalbhai Khatija (Exh.31), the schedule time of arrival of Sabarmati express at Godhra was 2.55 am in the morning. The Driver of the train Shri Rajendra Rao has also given the same evidence that the train was running late around five hours. 3.1.1

  37. Cont… Late Arrival at Godhra At paragraph-44 of their affidavit, the VHP has alleged that as per their information, the conspiracy was to burn the entire train at Chanchelav station, which was before Godhra but due to the grace of the God, as the train was running late, the place of conspiracy was changed from Chanchelav to Godhra. 3.1.2

  38. Cont… Late Arrival at Godhra    If the ill fated Sabarmati express had arrived at Godhra at scheduled time of 2.55 am instead of being late, it would have crossed Godhra like the other Sabarmati Express going towards Ayodhya with heavy load of Karsevaks which had crossed Godhra at 0.36 hours on 27th without anything happening. If the ill fated train was not late, the altercation with hawkers would not have taken place in the morning which led to the communal conflagration. 3.1.2

  39. Cont… Late Arrival at Godhra The Incharge Station Superintendent shri Khatija has deposed (Exh.31) that the Sabarmati Express had arrived at Godhra station at 7.43 hours. He has also deposed that the train had left the station at 7.48 hours. Thus, the stoppage was for exactly five minutes during which the seeds of the subsequent events were sown. 3.1.3

  40. Altercations between Karsevaks and Vendors Sheelaben Virpal, (Exh.167), Punamkumari Tiwari, (Exh.169), Saitishkumar Ravidutt Mishra (Exh.160), Sadhwiji Minakshi Deviji, a Karsevak, (Exh.5678) and Smt.Savitaben Tribhovandas Sadhu, a Ramsevak and activist of VHP (Exh.150) said that there had been a quarrel on the platform with some tea vendor. 3.2.1-3.2.5

  41. Cont… Altercations between Karsevaks and Vendors Shri Raju Bhargav, the then DSP of Godhra at Exh.86 has deposed that from the information which he had gathered from the passengers, he had come to know that there was some scuffle when the train was at the platform.. He has said that he could not get clear picture from the information as to what was the cause of the scuffle.. 3.2.6

  42. Cont… Altercations between Karsevaks and Vendors Shri Harimohan Meena, Assistant Station Master, has confirmed in his cross-examination at Exh.80 that what he had stated before the police was true to the effect that “the passengers had got down on the platform and that they were shouting slogans of Jai Shri Ram. 3.2.7

  43. Cont… Altercations between Karsevaks and Vendors They had taken tea from some tea-stall vendor and that the stall vendor had asked money for the tea but as the passengers did not pay the money, a quarrel had taken place between them and that scuffle had taken place with the tea vendors. The passengers who had got down from the train were wearing a saffron band and I heard from the talks that they were returning from Ayodhya..” “I had come to know about the scuffle etc. from the passengers who were standing on the platform 3.2.7

  44. Cont… Altercations between Karsevaks and Vendors There was also a reported incident involving attempted abduction of a Muslim girl by the Karsevaks. Ms Sophia Banu M. Shaikh, a minor girl has deposed before the Commission and has stated as under : 3.2.8

  45. Cont… Altercations between Karsevaks and Vendors Øthe persons wearing Saffron bands came down on the Platform for tea and snacks. They took their tea and snacks and at that time one bearded person was there whom the persons wearing the saffron bands started beating for some reason. Seeing this, we got scared and we went away a little far. In the meantime one person wearing saffron band came and he covered my mouth and started dragging me towards the station. 3.2.8

  46. Cont… Altercations between Karsevaks and Vendors As I started shouting, he released me. As this incident happened, I went inside the Platform near the ticket counter. Along with me, my mother and sister also went inside. We people had become very scared because of which we postponed the idea of going to Vadodara and decided to go back to my auntie. 3.2.8

  47. Cont… Altercations between Karsevaks and Vendors There are many such similar evidences to establish that there was indeed a scuffle between the Karsevaks and the tea vendor on the platform of Godhra station including the Karsevaks stopping a Muslim tea vendor from serving tea inside the coach S-6 and also pushing him out of the train. 3.2.9

  48. Departure of Sabarmati Express and left-out Karsevaks From the evidences on record, the train had started leaving from Godhra station at 7.43 am. However, the train had stopped immediately thereafter due to chain pulling after moving by about three to four bogies from the platform. Shri Khatija in his deposition has said that the Deputy Station Superintendent Shri Y.A. Saiyed had informed him that the Sabarmati Express had stopped immediately after it started due to chain pulling and that he had asked Shri Harimohan Meena to gather information about the situation. 3.3.1

  49. Cont… Departure of Sabarmati Express and left-out Karsevaks Shri Yusuf Ali Mohammad Ali Saiyed, Deputy Station Superintendent, has stated in his deposition that the train had started at 7.48 am towards Baroda and hardly a minute or so had passed since the train had started, he had heard the chain-pulling whistle and therefore he had sent Assistant Station Master Shri Meena to enquire. 3.3.2

  50. Cont… Departure of Sabarmati Express and left-out Karsevaks He has said that the chain pulling was done from three coaches which were ahead of the Guard’s coach and further that there had been stone throwing at the spot a few coaches away from the engine near the parcel office.. 3.3.2

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