Human Rights Watch Report
April 2002, Vol. 14, No. 3(C)

..VII. IMPUNITY IN THE AFTERMATH

 

Even as attacks continued to occur six weeks after the Godhra attacks, the Gujarat state administration was engaged in a massive cover-up of the Bharatiya Janata Party and Vishwa Hindu Parishad's extensive involvement. The state government's claims to have arrested 2,500 people in early March in connection to post-Godhra violence were undermined by reports claiming that no BJP, VHP, or Bajrang Dal activists were among those arrested. Police officials have either refused to name them in the police reports-FIRs-or under pressure from the state administration have booked some under less serious charges.222 Many police officers who have pursued charges against leaders of the attacks on Muslims, or those who tried to maintain law and order during the attacks, have since been transferred. Muslims in the state have been denied equal protection of the law and continue to be arbitrarily detained and booked on false charges following combing operations in Muslim neighborhoods.  
 

Police Transfers  
The transfer of police officers who tried to stop mobs from attacking Muslims has come under close scrutiny by the National Commission for Minorities and the NHCR (see below). In a letter to Additional Chief Secretary (Home) Ashok Narayan, reported in the Indian Express, Gujarat Director General of Police A.K. Chakravarty too took strong exception to the transfer of certain IPS officers who had taken steps to maintain law and order during the post-Godhra violence in their districts. Among the transfers cited:  

Kutch SP Vivek Srivastav has been transferred as Deputy Commissioner of Police (Prohibition and Excise). He had arrested a Home Guards commandant having VHP links, and some other influential people for creating trouble in the border district.  

Bhavnagar SP Rahul Sharma has been shunted out to Ahmedabad as DCP (Control). He had successfully thwarted an attempt by a mob to attack a madrasa [Islamic school] on Ghogha Road, and rescued 400 inmates. In the firing that he had ordered to beat back the mob, four persons were killed.  

Sharma had also registered cases against attackers despite pressure from local BJP leaders. This is Sharma's fifth transfer in the last one year.  

Banaskantha SP Himanshu Bhatt, known for his competence, has been shifted to the Intelligence Bureau at Gandhinagar, because he had suspended a PSI for not taking action against a mob which went about torching shops and houses. Bhatt did not withdraw the suspension orders in spite of pressure from higher-ups.  

DCP (Zone IV), Ahmedabad City, P B Godhia, who had registered a case against Naroda BJP MLA Mayaben Kodnani and VHP leader Jaydeep Patel, has been put in charge of Civil Defence. He had booked several other VHP activists for their alleged involvement in violence.233

A superintendent of police in Rajasthan faced similar protests by the BJP state unit for taking action against rioters there.234  

222 Robin David and Leena Misra, "Legal experts fear manipulation of FIRs," Times of India, March 26, 2002.  
233 Bashir Pathan, "Modi ties hands of cops who put their foot down," Indian Express, March 26, 2002.  

234 Sukhmani Singh, "Varanasi to Ajmer: SP braves saffron rage to keep peace," Indian Express, March 18, 2002.