Nanavati Report On Godhra Tragedy: Erasing The Obvious Truths

Indian TrainRecently Justice Nanavati-Mehta (N-M) submitted their report to Govt. (Sept 2008). What it has done must be very close to the desire of the ruling establishment which reaped a rich harvest due to the Godhra train burning and the anti Muslim pogrom in the aftermath of the same.

The report after the investigation for six long years is just the first part. While legally it is tangible that the investigating judge can present the report in parts, the logic behind this is not very clear. In a way the outcome of the report should have been well predicted as just some months after being appointed, Nanvati and (then) Shah stated that there is not much evidence against VHP etc., and this gave the indication that the commission had already made up its mind as to what type of report was to be given. The depositions of the witnesses and the evidence presented was selectively constructed to ratify the pre arrived conclusions or what were to be presented as the conclusions.

N-M report operates on the basis that it was a preplanned conspiracy by local Muslims in collaboration with the ISI. It concludes that Haji Umarji the local cleric presided over the meeting of Muslims where this conspiracy was hatched. They bought 140 liters of petrol, cut open the vestibule between S 6 and S 7, spread the petrol and burnt the coach. This conclusion is arrived without even a single eyewitness to the burning of the train. There were 200 passengers in the overcrowded train but no eye witness account has been cited to ratify their conclusion.

This conspiracy theory has serious holes in it. That the train is carrying the returning Kar Sevaks was not a public knowledge, not even the state officials knew about it. The only people who knew that the Ram sevaks were returning by that train were the VHP-BJP combine. The train was late by five hours and this totally debunks the theory of conspiracy by Muslim community. If they did not know that train is carrying Ram Sevaks how could they conspire and how could they implement the same if train was late? If conspiracy is at all to be believed the finger of suspicion should be in some other direction!

Than, if the commission says the vestibule was cut open, why such valuable evidence was permitted to be sold in the scrap? The depositions show that the first train stoppage at Godhra station was due to the Ram Sevaks pulling the chain as some of them were left out on the platform and the second one was due to technical fault. For conspiracy by them they should have stopped the train, which is not the case. This again goes against the conspiracy by Muslims theory.

While trying to come to this theory first N-M operated on the line that the burning rags and some chemicals were thrown from the windows but soon it shifted to the theory that vestibule was cut. The earlier thesis that petrol was poured from outside was not tenable as Forensic laboratory, FSL, had strongly maintained that petrol cannot be poured from outside due to the height of the rail track and the height of the train. Then comes the vestibule theory. One imagines for cutting the vestibule the train has to be stopped by the conspirators, but second time the train stopped due to technical snag and not due to pulling of chain. And then to cut the vestibule to be able to enter the coach is not an easy job.

The report is a new low in the arena of investigation. So far we witness a good deal of objectivity in many inquiry committees. But this is totally silent on practically most of the crucial issues involved in the train burning. Sophia Bano was dragged by Kar Sevaks and she stated the same to the commission, but her testimony has been sidelined. The commission has based its total finding on the police officer Noel Parmar, whose findings were rejected by the Supreme Court and so it appointed R.K Raghavan. The hurry, in which N-M has submitted its part one, can easily be understood. As Lok Sabha elections are close, this part is meant to influence the elections. As such as is clear from the functioning of this commission it was already working on the theory propounded by Narendera Modi in the aftermath of Godhra train burning, and N-M have just ratified his thesis. They have selectively picked and chosen the evidences to suit their preformed opinion, ignoring the crucial testimonies which could have led them to the truth.

The N-M report is totally silent on Justice U.C. Bannerjee report. As per the railway act after every major accident, a probe has to be instituted. In this case that time BJP ally Nitish Kumar was the railway minister and he did not abide by the rule, no inquiry was done ostensibly to protect his ally. When Lalu Yadav became the railway minister he instituted Bannerjee committee, which concluded that it was an accident. Now if N-M is coming with it today, already one report is already there, whose finding are contrary to its own. In that case it has to refute them to stand the ground. No such effort is made. One also fails to understand as to why the demand to cross examine Modi was rejected as there was a case for interrorogating him, based on phone call records. Most importantly the whole thesis of burning by patrol falls to the ground with FSL report saying that the analysis of residues shows that petrol was not used.

R.B. Sreekumar, who has been one of the forthright officers and he refused to bow to the Modi administration. He filed his affidavit to N-M commission giving his version. He commented that he was threatened by state officials if he dares to speak the truth. He had recorded these conversations also. N-M was duty bound to take these seriously, either to accept them or reject them with due explanation, but there is a total silence on the submissions of Sreekumar.

All in all this report is a disgrace on the norms of investigation. This also symbolizes that there are sections in professional life who are willing to play to the bidding of the rulers to please them for various reasons or they themselves are heavily under ideological influence to deviate from professionalism, objectivity and pursuit of truth.

Photo: Indian Train

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75 Responses to Nanavati Report On Godhra Tragedy: Erasing The Obvious Truths

  1. Milind Kher says:

    If people believe that Modi may come around to understanding Muslims and may be able to establish a bond with them, no problem.

    However, that still does not detract from the fact that the Gujarat riot victims get justice. If Modi wants progress for Gujarat, he needs to help in this process too.

  2. Sahil Khan says:

    Koshur, while I can not comment much on Kashmir but a kashmiri trader I met in UP had made a huge profit in his business by selling his stuff but he was still unhappy about India. So your unhappiness is more to do with seperatism, security forces and other issues come later.

    I agree the topic is little off mark. Sudie, I do not believe that Modi knows much about his own religion leave alone Islam. However, I agree that communication should be open. For this I believe Modi should make efforts rather than the Muslim community itself. Even if all his arguments on face value are accepted it was the innocent Muslims not involved in Godhra who suffered. Therefore allthough not against Modi I believe that these victims should be rehabilated. Also Law and Judicial Machinery should be allowed to work under guidance of supreme court.

  3. Sudie says:

    Sahil
    I agree 100%……and the topic like everything else is drifting. Somehow I wonder if all the “idealists” on this forum had actually been doing something in reality, maybe we would have seen a different India.
    About the Kashmiri trader being unhappy with India…..well…so many Indians are unhappy in India……and Pakistan…Bangladesh and many left 20 years back and still ply taxis in NYC….no change absolutely. Now you speak to them and they regret their decision (Indians do atleast…..who felt that they could have done so much better considering what India has become today).

  4. Alex says:

    The sangh parivaris are concerning about so much about Kashmiri Pandits, but they don’t raise voice against Dalits !

    In India alone, the combined population of Dalits and other low-caste groups equals approximately 700 million people. While Brahmins comprise just 5 to 9 percent of India’s 1 billion people, they control 78 percent of India’s judicial posts, approximately half of the parliament and 89 percent of the nation’s major media outlets.

    Which is most important Pandits or Dalits ?

    Are Dalits are not Hindus, why concern about Brahmins only not dalits ?

  5. Milind Kher says:

    I would reiterate the point Sahil has made. The riot victims have to be rehabilitated and this must happen where the people ensuring this are able to work in an atmosphere free from pressure.

  6. Alex says:

    If every one is agree with sahil than everyone should uniamously agree that Modi is the master mind behind Gujarat Carnage and he and his team behind this planned should be punished, so that culprits get punishment and victims gets justice, otherwise in this democratic country we are opening a new page where culprits will get safe passage in the name of majority sentiments after attempt the crime !

  7. Koshur says:

    Sahil Khan,
    “Koshur, while I can not comment much on Kashmir but a kashmiri trader I met in UP had made a huge profit in his business by selling his stuff but he was still unhappy about India.”
    Funny, many of the most prominent leaders of your independence movement had no problem getting British educations (often at the imperial govt’s expense), and earning their fortunes from loyal service to the British, or off the massive feudal estates the colonial government granted them…and yet you don’t seem to have any problem with them.

    Personally, I see nothing wrong with people doing what they can to earn a living and live comfortably under less than ideal political circumstances. Your acquaintance simply realizes that the fact that a couple Indians are willing to buy shawls and rugs from him doesn’t change the fact that their government has been raping his homeland for the past 60 years.

    “So your unhappiness is more to do with seperatism, security forces and other issues come later.”
    And the separatism, in turn, results from the fact that India invaded a nation that wanted nothing to do with it, at the behest of an unpopular tyrant king.

  8. Amit says:

    If every one is agree with sahil than everyone should uniamously agree that Modi is the master mind behind Gujarat Carnage and he and his team behind this planned should be punished, so that culprits get punishment and victims gets justice, otherwise in this democratic country we are opening a new page where culprits will get safe passage in the name of majority sentiments after attempt the crime !

    Correction. It’s not a new page – remember 1984?? Why do people so conveniently forget it and the fact that Sikhs haven’t got justice? I guess looking at issues through partisan lens causes certain memory lapses. ;) :)

  9. Alex says:

    Instead of Learning from the past mistakes we are adding up new pages to it !
    It was congress politicians during sikhs, now it is BJP politicians !
    We must look for strong laws to accountable our politicians !

  10. Sahil Khan says:

    Koshur, Indian Independence Movement and Kashmir has vague similarity. I do not feel at all bad in Kashmiris selling their rugs and shawls. Contrast the British were selling their goods in India and were not allowing Indian goods anywhere. The differences between Kashmiri and any Indian are not as same as any Indian or British. An Andradite has many differences with a Bengali or Goan including language. Kashmiris on the other hand speak Hindi very well. You are trying to hide your entire past, take up a few notches in history and then trying to show your differences. There were no Native Britishers who were hounded out of India and who went to Britain and supported British rule in India. On the other hand there are both Kashmir Hindus and Muslims in Delhi who call this movement a farce.

    The Kashmir separatists want to break away from a democracy and secular India to create a democracy and secular Kashmir. I do not believe India is an invader in Kashmir although I will not deny that Kashmiris have been at the receiving end of the army and terrorists. The same situation is faced by Indian Muslims as well today. We are caught between suspicious eyes and few people who have hijacked the religion. You look at army atrocities as the reason of separatism and the army looks at these issues because of separatism. You want to separate to become secular and democratic because India is an invader. And yet India is the largest democracy and secular. (Although far from perfect). The logic that you give makes India an invader in every of its state and city. Indian independence movement(IIM) was spearheaded by non violence and Gandhi. Kashmir movement shows no end to guns and violence. Gandhi on account of violence at many times suspended his movement. The IIM was inclusive. It wanted a united India which is not based on single language, religion, culture. It was a country where thousands of cultures came and stayed back. Kashmir movement right from start is highly exclusive. It denies all links to the world because you were hidden behind few hills. Even Hinduism and Islam originated in Mainland India and Arabia and came to Kashmir.

    Back to Topic. I am opposed to religion brought out in everything. Modi is not a Hindu who is against Muslims. It becomes vicious the moment Modi is looked as a Hindu against Muslims. I am not playing some higher level politics here. Alex please calm down. I am not saying that if this does not happen then that must happen etc etc.

    I just want humanity to be treated correctly. I want victim’s rehabilated. And I want a safety for the future. That’s all. If Modi himself gets perhaps Babu arrested and makes a gesture towards Muslims then Muslims will definitely reciprocate. And I am hopeful. Rather than creating terrorists in name of religion this country should create more social workers. There are lots of grass root issues here that need resolution. A few videos and pictures being circulated both by Hindu and Muslim organisations showing atrocities by ”OTHERS” does not mean that violence needs to continue and more innocent people need to suffer. And lastly that India is ”WRONG”. India is an idea that will survive always and it will have place for all people who believe in it or don’t believe in it. It is just like Islam where anyone can come and become part of it.

  11. Koshur says:

    Sahil Khan,

    “The differences between Kashmiri and any Indian are not as same as any Indian or British. An Andradite has many differences with a Bengali or Goan including language. Kashmiris on the other hand speak Hindi very well.”
    1. Actually, very few Kashmiris can read or speak Hindi, and there’s very little interest in learning the language. As far as Urdu is concerned, you’ll find that only the urban middle & upper classes know or use it…most of the state has only a rudimentary grasp of the language if even that.

    2. The Indian upper and middle classes have spoken fluent English for over a century now…I guess that means that they’re culturally the same as the British by your standards. Urdu is as foreign to Kashmir as English is to India.

    “You are trying to hide your entire past, take up a few notches in history and then trying to show your differences.”
    Spoken like someone who is entirely unfamiliar with Kashmir & its history. 1,500 years of independence from South Asia beg to differ from your assessment.

    “There were no Native Britishers who were hounded out of India and who went to Britain and supported British rule in India.”
    This makes no sense. There were plenty of British people who supported colonial rule…and ultimately fled India after independence.

    “On the other hand there are both Kashmir Hindus and Muslims in Delhi who call this movement a farce.”
    They are a tiny minority…just like the wealthy Indian feudals and princes who opposed independence and supported the continuation of British rule in the Subcontinent.

    “The Kashmir separatists want to break away from a democracy and secular India to create a democracy and secular Kashmir.”
    Indian rule has never been democratic in Kashmir. We want to break away from a nation that has essentially colonized us under the guise of a “democracy” and establish a secular and democratic Kashmir.

    “You look at army atrocities as the reason of separatism”
    No, we don’t.

    I think Indians seem to live under some sort of a delusion that there was ever a time when most Kashmiris supported Indian rule. Kashmiri separatism predates the Indian army’s war crimes…in fact, it predates India itself. Please understand…we NEVER wanted to be a part of your country, not 20 years ago, not 25 years ago, not 61 years ago.

    “The logic that you give makes India an invader in every of its state and city.”
    Absolutely false.

    The British directly ruled over most of modern-day India. The people in those territories were given the option to vote in democratic elections for the colonial legislative assembly, and consistently chose the Congress and its pro-independence platform over other pro-British and provincial nationalist parties. They were given an opportunity, and they actively chose India.

    As for the princely states, in every other case where there was a conflict of interest between the prince and his population (such as Junagadh with its pro-Pakistan Nawab and overwhelmingly pro-India population), the GOI was all to happy to set up immediate plebiscites to override the will of the ruler and absorb the territories. It is only in Kashmir where we find an entire people who have systematically been disenfranchised and denied their right to self determination…where India invaded against the expressed wishes of most of the population, and the state legislative assembly.

    “Indian independence movement(IIM) was spearheaded by non violence and Gandhi.”
    And yet you people idolize the “martyrs” of the 1857 uprising, who had no problem butchering British civilians. Isn’t that considered your “first war of independence?”

    “Kashmir movement shows no end to guns and violence.”
    The popular movement we see today is entirely peaceful.

    “Kashmir movement right from start is highly exclusive. It denies all links to the world because you were hidden behind few hills.”
    It doesn’t deny all links to the world. It correctly points out that its most of its historic and cultural links were to Central Asia and modern-day Pakistan…not India.

    “Even Hinduism and Islam originated in Mainland India and Arabia and came to Kashmir.”
    Also completely false. Islam came to Kashmir completely independent of India, though Central Asian saints like Bulbul Shah and Shah-e-Hamadaan…men who had little to do with India.

  12. Milind Kher says:

    Sahil,

    There is no point trying to convince somebody that they are a part of your country if they themselves do not identify with it.

    Ultimately, there will have to be a solution on Kashmir which evolves through popular vote.

  13. Sudie says:

    Sahil, Milind
    There are many people who believe that they descended from Adam and Eve while discounting the theory of evolution altogether. They are also people who consider the world flat.

  14. Sudie says:

    Koshur
    If it has not got obvious to you by now – know this.
    1) The national boundary of the subcontinent will not be redrawn again. We have found 3 wars with Pakistan on this. It has not changed anything.
    2) Every part of India can have notions of being different. Frankly India as a whole does not care. We will have crazy intellectuals who in notions of fancy will say silly things. Indian politicians are no fools.
    3) If Kashmiris have genuine problems – development, progress, education, democratic process – all are resolvable within the constitution of India. Kashmir has special priviledges – more than any other Indian state. Its your leadership that has failed.
    4) Population of Kashmir is half of that of Delhi. There are minority dominated areas in India whose population is more than that of Kashmir. No one over there talks of Azaadi. If they did the Indian state with full support of 1.4 billion people will restore law and order.
    5) Kashmir population is less than 0.5% of the whole of India. If you want session , have some sizeable number like Bangladesh had vis-a-vis Pakistan.
    6) Instead of grandiose notions of “Azaadi”, if you focus on being good professionals – the whole of India is your playing field. You have equal rights as any other legitimate Indian citizen. This is far better than you can get in any other country.

  15. Nishka says:

    @Koshur,
    We can have a discussion and have a level playing field when Hindus like me who have been booted out of the valley (not just in the last 17 years but for years before that) only because we are Hindus will be relocated. Also, when the 600 temples that have been destroyed are repaired. Also, when the renaming of ancient sites into Islamic names are stopped – Anantnag is now Islamabad and Hari Parbat is Tukt-e-Suleiman.
    Also, do not speak for Jammu and Ladakh – they don’t want to seperate.
    When you speak of creating a secular Kashmir you are lying through your teeth given the forced islamicization of the valley. What you want is another Pakistan and that you will not get. It is a movement supported by fanatical states like Pakistan
    As the rest of the Indian Muslim population will agree, people who wanted an Islamic republic should go to Pakistan. It was created for that purpose. Disproportionate land was allocated for the purpose and that is done.
    Folks, we cannot talk to Koshur without it being a level playing field. This is not about Kashmiris (I know plenty of Hindu and secular Kashmiris who do not endorse this). This is about creating abother islamic republic where not just the minorities but all their symbols have been wiped out. Kashyap Rishis valley will not go that way.

  16. Koshur says:

    Sudie,

    Useless Indian platitudes about “secularism” and “democracy” mean nothing to us. Your government has shown us it’s “democracy” for 60 years…and its amounted to little more than colonization under a more politically correct name.

  17. Nimmy says:

    Is this thread about Kashmir or about Nanavathi commission?

  18. Sahil Khan says:

    I agree Topic has gone off mark. Koshur, I have full sympathies and I do agree that innocent Muslims have become victims in Kashmir. However, I still stand that Indian Movement was far different. Even your own arguments prove that. I clarified regarding Language. No Tamil knows Urdu in India and when I said Kashmiri know Hindi/Urdu is because I have seen them speak it. And The kashmiris living in tents in Jammu and Delhi in chilled winter who support India have no comparison with the feudal lords who supported British. 1857 was the first war I agree but it never succeeded. It needed a leader like Gandhi who became recognised for his non violent approach worldwide. Does hurriyat have any leader whom India/Pakistan respect leave alone the world at large. Congress and Hurriyat also has far lesser similarities as Congress did participate In the British sponsored elections and you yourself don’t want to even participate in them. The only point I may agree with you is Junagarh.

    I or you are common people. We do not know what history or what destiny has for all of us. I only want peace and prosperity and economic growth for Indians in general. Talking to you however it seemed I was talking to someone in Bajrang Dal. Because neither of you seem to talk peace. One believes in azaadi from India and other wants India azaad from Muslims. And both believe they can not be wronged and except them everyone is in delusion.

  19. Milind Kher says:

    Nimmy,

    The Nanavati flight has been hijacked to Kashmir. Nowadays, a lot of arguments seem to be on Kashmir.

    I am glad that at least Zardari is not obsessed with it!!

  20. Sudie says:

    Nimmy

    Its not..but it seems it keeps coming up. Someone can make the connection also. For the fanatics the Gujrat “experiment” was an effort to prevent another “Kashmir” from recurring after the Godhra incident. It was resurgence of Hindu “pride” that will no longer tolerate violence against itself from a numerical minority. Ofcourse for them “bravery” seemed to be attacking innocent and unarmed Indians – who had nothing to do with any evil – in the most despicable manner. Never to bother that the real culprits got away

    Similarly there are fanatics in Kashmir who in their quest for power will rather have a talibanized Kashmir than one with a “kafir” state.

    Its a racist fascist ideology that keeps rearing its head – whether its a SIMI, a VHP or a Bajrang Dal. All are equally dangerous and need to be defeated.