MEMORANDUM
Subject - The Law and Order Situation in the State
01-10-2008
To
Shri NavalKishore Sharma,
The Governor of Gujarat,
Gandhinagar.
Sir,
All the citizens of Gujarat condemn the act of terrorism, the faceless enemy of the society, which can only be contained with the active involvement of the people and the civil society in a democratic way. Instead, the BJP Government in Gujarat led by Sri Narendra Modi is creating a public euphoria vociferously in favour of GUJCOC in a fanatic way, generating Muslim hatred mindset in the society; and passed the resolution on GUJCOC in last Assembly session and sent it for the consent of the President of India. The Gujarat Control of Organised Crime Bill was passed in Gujarat Assembly in March 26, 2003, and on 2nd June 2004 and sent for approval but it was sent back by the then N.D.A. Govt..
It is propagated in such a way that it is the only action plan to combat terrorism in Gujarat. The fighting against Terrorism has been narrowed down around GUJCOC which will trample the basic human rights and violate genuine investigation and criminal justice system and will become tool of state terrorism.
It is needless to mention that there is already an equally pernicious the Unlawful Activities Prevention (Amendment) Act 2004 very much in practice in the country. In absence of GUJCOC, Mr. Narendra Modi and the Gujarat Police claim to have traced out and arrested those involved in the Ahmedabad blast!
The anti terror laws TADA, POTA, Armed Force (Social Power ) Act and MCOCA like Acts could not prevent terrorist activities; rather they have been misused, which is an admitted fact. The Chief Justice of India K.G. Balakrishnan recently said "A draconian law is likely to be misused".
We would like to quote the NHRC’s remark on Draft Prevention of Terrorism Bill, 2000, "it is not the lack of any law but for lack of proper utilisation of these laws, lack of proper investigation and prosecution and lack of adequate number of courts to try the offences. Unless these root problems were redressed, adopting draconian laws would only lead to their grave misuse, as had been the case with TADA law." The NHRC while recommending new law based on Draft Prevention of Terrorism Bill 2000 be not enacted, asserted that such a course is consistent with our country’s determination to combat and triumph over terrorism in a manner also consistence with promotion and protection of human rights.
But Chief Minister Sri Narendra Modi has given a call to popularise the campaign in favour of GUJCOC. Rallies, signature campaign, Yatras are held throughout the state, polarising the society on communal line. Recently the Syndicate of Gujarat University has passed a resolution in favour of GUJCOC which is not the business of University.
Under these circumstances, we urge upon you to request the President of India not to consider this GUJCOC Bill.
The Nanavati Commission
Though the Nanavati Commission has not submitted the full report on Gujarat riot 2002, the part of the report volume one was tabled for discussion in Gujarat Assembly.
This volume one only centres around the conspiracy theory of burning of S- 6 coach of Sabarmati Express which is contrary to the findings of Forensic laboratory, and both Justice U.C. Bannerji and Justice Jain commissions’ findings. Ironically, now there are three commission reports on Godhra Riot. Ironically, the volume one of the Nanavati Commission contains the volume two and so has given clean chit to the Chief Minister and ministers and the administrations. This premature tabling of the Nanavati Commission Report volume one is deliberately done to justify the Action and Reaction Theory of Sri Narendra Modi and communalise the society and use the report of Nanavati Commission in the ensuing Lok Sabha election.
The Govt. of Gujarat has continuously denied the C.B.I. enquiry and violated all the recommendations of NHRC. The Supreme Court has to intervene to reopen the closed cases of Carnage 2002. Under these circumstances, a thorough study of the findings of all the three commission be done meticulously without delay by a third neutral person of high integrity of the country to unearth the whole truth and place before the people of the country to allay all the doubts and speculations.
The breakdown of the law and order situation and the laxity of the administration can be gauzed from the recent bomb blast in Modasa on 29-9-08 night killing two belonging to Muslim community and injuring many near the Masjid during Ramzan.
Earlier on D 15-9-08 communal violence took place in Fatehpura area of Vadodara on the day of Ganesh immersion where one belonging to Muslim Community was killed in Police firing and many were injured. The arrest of the culprits belonging to majority community is met with an attack on the minority community. The police and the administration were callous towards providing the security to the minority which reflects the absence of law and order in the city. The responsible Police personnel be punished and the victims be given adequate compensation.
The Muslims staying in Nandenpada village of Dang district are the victims of police atrocities. Their houses have been damaged, properties ransacked, rations adulterated with kerosene. False cases are framed against them. The VHP has given them the ultimatum either to convert to Hinduism or quit the village.
We urge upon you to reassure the safety of the residents of Nandenpada village.
We hope you will take immediate steps on the above subjects.
Thanking You,
Yours
Gautam Thacker (Secretary, P.U.C.L.)
Ashwin Karia (Gujarat Bombay Gujarat Rationalist Association)
Dwarika Nath Rath (Movement for Secular Democracy)
RSS 2.0
