Victimization of Teesta Setalvad CJP, Advocate M.M. Tirmizi & victims survivors of 2002

From Citizens for Justice and Peace (Teesta Setalvad and Others) :- The background


Worse in the midst of this propaganda against Victims of the Carnage of 2002, Advocate MM Tirmizi and Teesta Setalvad what is being missed is that despite the fact that victims did through their efforts and the order of the Gujarat High Court establish the identity of their dead relatives in 2005-2006, it took an order from the Supreme Court (February 2008 and a subsequent order of the Trial Court in December 2008) that dignified burial was finally conducted with no one being allowed to be present in August 2010, ie six years after the brutal massacre.

We strongly condemn the malicious and motivated campaign against human rights activists and their lawyers struggling for justice for the victims of the genocidal carnage in Gujarat in 2002. The patently false allegations of doctoring evidence are being orchestrated at a time when crucial trials are nearing completition and accused among whom are powerful politicians and policemen face charges of criminal conspiracy and murder.

The allegations against Teesta Setalvad, Secretary Citizens for Justice and Peace and the organisation she represents as well as advocate MM Tirmizi a lawyer who has fought tirelessly for justice were spearheaded first by the state of Gujarat, then fuelled by a former employee and widely publicised by Pioneer edited by an MP of the same political dispensation that rules Gujarat.
The timings of the malafide allegation are aimed at derailing the course of justice and come at a time when the apex court is poised to hear a complaint of conspiracy to commit mass murder, subresion of justice and destruction of evidence.

The brazen attempts need to be seen for what they are given the seriousness of the charges against the Gujarat state and its functionaries. In 2004 too after the Best Bakery trial was shifted to Mumbai a star witness made similar allegations. She had thereafter to serve a jail term for perjury while those found guilty of inducing her into falsehood escaped penal punishment. The allegations, baseless as they are remain the same though persons making them have changed.

There is some suggestion and strong possibilities that the Gujarat Police may try to stage an arrest of Teesta Setalvad, and others. The background of the case is as follows:

In a nutshell:

On Dec 27, 2005 victim survivors of the Pandharwada massacre (where officially 27 persons were massacred...actually figure is higher on 1.3.2002) who were frustrated after the studied refusal of the state authorities to hand back skeletal remains of their dead which were dumped illegally by the state’s police, began the digging themselves. The spot where they had been illegally dumped was off the Paanam river Lunawada in Godhra district.

For months before they started digging they had approached the authorities to dig out their remains. There was no response. Frustrated, they started the digging they had informed some members of the electronic media and also Citizens for Justice and Peace(CJP). The CJP’s then coordinator Rais Khan (who is since not with the organisation following irregularities since January 2008) who contacted its Secretary in Mumbai. CJP through its Secretary Teesta Setalvad clearly told them to wait at the spot till the authorities came, we informed the Collector and SP and contacted lawyers and moved the High Court of Gujarat the next day. The local police was informed by fax of the frustration of the victims.

The victims and CJP together moved the Guj HC the next day got our prayer for DNA sampling from Red HILL Hyderabad The DNA sampling proved that the victim survivors were right. Nine of the 22 skeletal remains were found to be of the relatives of the victims of the Pandharwada massacre.

After the initial order in the Gujarat HC which was a breakthrough, year later the Gujarat HC dismissed the victims’petition asking for transfer of investigation of the massacre to the CBI. Ironically we had pointed out that the panchnamas related to the crimes had nowhere mentioned the skeletal remains.

The state has tried to say that this was never an illegal dumping but a proper burial on Forest land off an river. Legally speaking not only has the panchnama of the original crime of mass murder not list the skeletal remains disproving the version of the Gujarat state and police. Victims and rights activists have argued that Lunawada has a large Kabrastan hence if Gujarat Police could in fact not trace relatives, what was the need to so dump the remains rather than according them a dignified prayer cum burial in the Kabrastan? Why dump them in an obscure spot off the river rather than give them to community leaders for a dignified burial?

Worse in the midst of this propaganda what is being missed is that despite the fact that victims did through their efforts and the order of the Gujarat High Court establish the identity of their dead relatives in 2005-2006, it took an order from the Supreme Court (February 2008 and a subsequent order of the Trial Court in December 2008) that dignified burial was finally conducted with no one being allowed to be present in August 2010, ie six years after the brutal massacre.

Following in its tradition of victimising human rights defenders and victims, the local police lodged an FIR on Jan 1 2006 against victim survivors and Rais Khan of the CJP. CJP gave full legal aid to them and bail was granted and a stay against their arrest also granted by the Gujarat High Court.

In the interim Rais Khan has today is no more with the organisation, he was dismissed from service. He is today under the influence been won over by the accused in the Naroda Patiya case—. Inexplicably on November 24, 2010 the matter that had been stayed by the Gujarat High Court was listed and the stay vacated. Rais Khan surrendered and has in statement recorded under section 164 made false accusations against mediapersons and Teesta Setalvad.

He appears to enjoy full immunity and security within the state of Gujarat.