Nyayagarh: campaign for legal justice and reconciliation in Gujarat - Three years on.

NYAYAGRAH

CAMPAIGN FOR LEGAL JUSTICE AND RECONCILIATION IN GUJARAT

SUPPORTED BY YUSUF MEHRALLY CENTER, INTERNATIONAL MUSLIM RELIEF AND CHARATIES AND AMAN BIRADARI



Executive Summary

Nyayagrah has completed 3years in the pursuit of justice. With several up's and downs and several difficulties, Nyayagrah has been able to make its mark in five districts of the Gujarat. We are connected to nearly 100 villages across these districts and thousands of people. This grassroots level reach to the people has enabled Nyayagrah to continue persistent work against the state machinery that is plays a partisan role very openly. Amongst a hostile atmosphere, of the courts and the government machinery over the three years it has been possible for the Nyayagrah team to penetrate and assert themselves with the values of truth. Every paper that has been acquired from various government offices has been obtained without paying a single penny as bribe. We hope to continue our journey of legal justice with these people with whom we have been associated through awareness programs.

Progress of the legal cases

Matters Opened for Reinvestigation

In 2002 the police had closed down more that 2000 cases without any proper investigation. In 2004 after the Supreme Court judgment of reopening of these closed cases Nyayagrah started its work. Reinvestigation in these closed matters proved a challenging task. In all the 5 districts there are totally 46 reopened matters. There are 7 reopened matters in Ahmedabad, 5 re-opened concerned cases in Anand, and 34 matters in Sabarkantha. In all these cases application for reopening have been filed, statements of the witnesses have been recorded is almost all the cases. Out of these reopened matters we were successful in filing chargesheets in16 matters.

Arrests and Harassment Applications

Ahmedabad/Gandhinagar

So far 47 accused have been arrested in Ahmedabad district and in two cases we have filed harassment application, in one of these cases the police filed a chapter case against the person who was involved in the harassment episode. On this basis we filed a bail cancellation application in the session court, which was rejected, and we went to the high court, the court gave an expedite order in the concerned cases, i.e. the cases should be over within 6 months.

Anand/Kheda

Total 54 arrests have been made in this district, 14 arrests have been made recently. We have filed harassment application in 6 cases. In all these cases the police filed a chapter case. In these six cases the accused have been granted bail.

Sabarkantha

Total arrests in this District are 151; in the review period 32 accused were arrested. In 1 case we filed a harassment application protection was provided on that basis.

Charge-sheeted Matters

Holding group meetings with the survivoursThere are totally 148 chargesheeted matters in all the districts, the statements and the papers of all these matters have been verified. In 23 matters we found that the statements were defective and these statements have been corrected. Corrections include corrections of the statements, addition of sections, additions of the names of the accused and the witnesses and putting together the missing papers. As per our investigation if we come across more evidence we have been continuously adding those to strengthen the cases.

VP (is a document filed by the lawyer from Nyayagrah that permits him to appear on behalf of the survivour, with prosecution)

Ahmedabad45 VP's have been filed 11 are left. Sabarkantha in 29 cases VP have been filed Anand total 45 Vp's have been filed including 3 summery cases.

Senior Lawyers helping the Nyayagrah teams

Trial

In all the five districts 62 matters are on trial stages out of the 148 chargesheeted matters. Continuous hearings are happening in the court in all these matters, witnesses are being prepared for depositions by the lawyers and the Nyayapathik.


Deposition


Ahmedabad

10 cases are on depositions. 1 deposition has been completed

Anand

In 9 cases deposition are ongoing. In 1 written argument has been filed

Sabarkantha

Deposition 18, charge 3, summons issued 4, 6 cases have not appeared on the board yet, 1 is pending for committal, notice issued to the PSI 1 written argument filed in 2 cases.

Acquittals

There are totally 38 acquittal matters where we have sought consent. The process of filing revisions in these matters is complicated and longwinded.

Ahmedabad

14 cases consent; cases all the papers have been obtained, 1 case has been admitted, 6 matters remaining to be condoned (the court to accept the delay and hence the revision) and 2 matters the state has filed an appeal, we have to be party to it. In 1 matter the state joined us as we filed an appeal and 2 cases are remaining to be drafted. 2 have been drafted and two have been condoned. Anand 20 cases consent, 8 cases all the papers have been obtained, 2 cases have been admitted, and 1 matter is delay condoned, 2 matters remaining to be condoned. 2 matters have been disposed 1 is remaining to be drafted. In the review period one case has been increased as a ongoing case was acquitted. 1 matter was filed, in the coming months 2 more filings will be done. Sabrarkantha

14 cases consent, 4 cases all the papers have been obtained, 2 cases have been admitted, 1 matters remaining to be condoned. 2 matters have been disposed 1 is remaining to be drafted.


Volunteers Visit.

An organization is incomplete without volunteers coming in for internship. The Aman Biradari Volunteers program facilitates students to volunteer with different projects of Aman Biradari. The grass root level reach of Nyayagrah appeals to most of the students. Nyayagrah is able to provide them with field exposure that helps them develop wider perspective. The legal intervention post 2002 has been a very important aspect of the civil society contribution that has been made. Researchers, students, writers and many other individuals have visited Nyayagrah and have gained from the rich experience. Students from both national and international schools have come to Ahmedabad.

These students act as a bridge between Nyayagrah and other institutions and individuals. Most of these students have assured long term association with Nyayagrah.

The following volunteers visited Nyayagrah in the year 2008.


Veena Dubal from New York

Priya Rajan and Andrea from Seattle. Social work students

Summer Volunteers from IMRC

Volunteers from Lady Sriram College of Delhi University, 22 students.

Reena Patel from Tata Institute of Social Science.


Honouring the Heroes:

Along with blood shed in 2002 there were many positive stories that were revealed later. Several Hindu's helped Muslims save themselves in time of turmoil. This gesture that Hindu's across the state showed cannot be ignored. After Tehelka released a story on these heroes's, NRI coalition from the US contacted Nyayagrah with a proposal to organize a small program to honour these real heroes. Nyayagrah with the support of NRI coalition organized this program in January, honouring more than 100 people from different parts of the state. The function was graced by the presence of some of the eminent people of Gujarat, Fr Cedric Prakash, Harsh Mander, Mukul Sinha, Hiren Gandhi. Other organization like Anandi and Darshan offered valuable inputs to make this program a success.

Release of the compilation, Towards Healing? Seeking Paths for Justice and Reconciliation in Gujarat.


To make reconciliation possible it is necessary to look for some openings available in the community itself. Reconciliation cannot be imposed from the exterior, situation rising within the community should enable reconciliation. As part of our work, we have come across several common people, very poor people who have shown immense courage at the time of the conflict. Many poor Hindu's sheltered Muslims who were fleeing their homes. Most of them offered shelter, food and even protection. In times of despair these gesture rekindle our hope in humanity, and these are those openings through which reconciliation is possible. In one space of the village two extremes co-exists breaking through this is going to be the biggest challenge to achieve reconciliation. Through the legal cases that are now coming to the surface, miniscule acknowledgement of what wrong was done is noticed. This is our first step towards achieving reconciliation.

Towards Healing? Seeking Paths for Justice and Reconciliation in Gujarat, is a compilation of stories of courage from both the communities that was released earlier this year, authored by Harsh Mander. Most of the people included in the compilation came into contact with Nayayagrha and have been supportive of our work. It is this courage that will make reconciliation possible.

Visit of Justice Sacchar and Kuldeep Nayyar

The Sacchar committee report that has been in the news for quite sometime for its take on the social and economic conditions of the Muslim across the country. The authors of the report Justice Rajinder Sacchar and Kuldeep Nayyar, were in Ahmedabad on a official visit. They got in touch with Nyayagrah to get some glimpses of the ground realities of the condition of the survivours of the 2002 violence. The Nyayagrah team escorted them to the relief colonies that were in terrible conditions. Both these seniors were very touched by the terrible condition of these colonies. They spoke to some of the survivours and sought to work forward in this direction. They sought Nyayagrah's assistance for information. It was a privilege for us to be with them and show them the condition of the people.