Zakia Jafri case: Will ‘clinching’ evidence now gather dust?

Many whistle-blower cops who dared to reveal the murkier side of the 2002 riots with numerous clinching evidences earned the ire of Narendra Modi government. From authorities issuing show-cause notice to being charge-sheeted, these officers endured it all. However, these cops allege that SIT has conveniently ignored these crucial evidences while preparing its report.

"The exact battle line will be drawn now. Special Investigation Team (SIT) chief RK Raghavan will not be the only person deciding which evidence to consider and which to ignore in the investigation. The magistrate too will have this power now" - is how suspended IPS officer Sanjiv Bhatt reacted to SIT's report. Talking to DNA, Bhatt, who did not betray any sign of tension, however claimed, that so far the SIT was not considering most of the important evidences submitted by him and other senior cops of the state in the case.

A team of SIT, headed by IPS officer Himanshu Shukla, submitted a report in a sealed cover in court number 11 of metropolitan court on Thursday. Though no officers have revealed the exact details of the report, sources say that it could be a closure report and an end of the SIT's investigation in the case. "Whether it is a closure report or not, it will give a chance to witnesses to produce their sides, unlike SIT," Bhatt said. However, the SIT, on the other hand, has also not denied that the report submitted is not a closure report.

"SIT's submission of closure report is the saddest episode in the history of India. My affidavits and other documentary evidences submitted to SIT were not at all considered and were marginalized and invalidated," lamented retired director general of police, Gujarat State, RB Sreekumar, while talking to DNA. He said that it has now been proved that the investigating panel was acting as a defensive lawyer to chief minister Narendra Modi and had played a 'team B' for him.

Modi was the prime accused in Zakia Jafri's complaint filed with the Supreme Court.

Sreekumar has so far submitted eight different affidavits to SIT, some of which were already submitted to Nanavati-Shah Commission. He submitted the copies of his affidavits on July 15, 2002, October 16, 2004, April 9, 2005, October 27, 2005, September 15, 2011, while the last affidavit submitted was on January 12, 2012.

Bhatt, on the other hand, had submitted data related to the movement of cops on February 28, 2002. He also provided other details related to the rioting. He also submitted several evidences like the vehicle log book, fax messages and other communication that was done by the office of the state intelligence bureau with the offices of commissioner of police, Ahmedabad city and the Director General of police office in Gandhinagar. Bhatt had also submitted the evidences and affidavits which could prove that the chief minister Narendra Modi had held a meeting on the night of February 27, 2002 and instructed the cops to go slow and let the Hindus vent their anger.

Incidentally, Sreekumar's last affidavit filed on January 12, 2012, was regarding his interaction with Ashok Narayanan, the then additional chief secretary, Home department. It states about Narayanan's admission to Sreekumar that he (Narayanan) had shown all his intelligence reports suggesting remedial measures to remove bias of the administration against Muslims to the CM, but the latter did not act on it.

Sreekumar also alleged that SIT has walked on the road map provided by the Gujarat government. "The SIT has deliberately avoided collecting the evidences which can now be produced in the court," he alleged. In the name of investigation, it arrested only two inspectors and has tried to show the culpability of Modi and others as low as possible.

Rahul Sharma, as a DCP (control), Ahmedabad, between March 24, 2002 to July 3, 2002, had prepared a CD of mobile phone call records of ministers, politicians, police officers and bureaucrats which he had submitted to the riot panel. This CD comprises telephonic interaction between cops, CM Narendra Modi, his ministers and Hindu extremists like Babu Bajrangi and others, which proved a vital evidence to prove the whereabouts of the accused mentioned in Zakia Jafri's complaint. However, Sharma said, that after he had submitted the evidences he was called for cross examination twice by the SIT.