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Affidavit Exposing the Mendacity and Criminal Complicity of the SIT.

Affidavit Exposing the Mendacity and Criminal Complicity of the SIT.

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Published by Sanjiv Bhatt
Additional Affidavit filed before the National Commission for Minorities exposing the mendacity and criminal conspiracy of the SIT to protect the high and mighty criminals and conspirators involved in the Gujarat Riots of 2002.
Additional Affidavit filed before the National Commission for Minorities exposing the mendacity and criminal conspiracy of the SIT to protect the high and mighty criminals and conspirators involved in the Gujarat Riots of 2002.

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Published by: Sanjiv Bhatt on Sep 06, 2013
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09/06/2013

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BEFORE
THENATIONALCOMMISSIONFORMINORITIES, NEWDELHI
Re:
NCM
File
No.MIDL/30/0036/12
COMPLAINTOFMALEKNIYAZBIBIBANNUMIYANdated 10.
AFFIDAVIT OF SANJIV RAJENDRA BHATT
I,
SANJIVRAJENDRABHAlT,agedabout48yearsresiding at:, BungalowNo.2,SushilNagarPart11,OppositeMahatmaGandhiLabour
':
Institute, Drive-inRoad,Ahmedabad380052,doherebystateand
',:
solemnlyaffirmasunder:
1.
I
m filing this affidavit in furtherance of my earlier affidavit dated April25, 2012, through which
I
adinter
alia
sought to bring out certain factsregarding the inadequacies of the investigation carried out by the SIT intothe Complaintdated June 08, 2006,made by Mrs.ZakiaJafri pertainingtovarious allegations regarding the larger conspiracy and orchestrationbehind the Gujarat Riots of 2002. The Complaint of Mrs.ZakiaJafriencompasses the abominable and woeful events which took place intheState of Gujarat between 'Mbruary, 2002 and May, ZOO2 after theabhorrent Godhra incident on 27th February, 2002.My earlier affidavitsought to bring out certain details regarding the dubious role of the StateGovernment of Gujarat in shielding the high and mighty including theChief Minister Mr.NarendraModi from lawful inquisition and legalpunishment.1 had also averred in my earlier affidavit, that the HonourableJustice Nanavati and Mehta- Commission of Inquiry and the SIT weredeliberately turning a blind eye to the overwhelming ddtumentary, oraland circumstantial evidence to conceal the complicity of the StateGovernment of Gujarat and its high functionaries in the Gujarat Carnageof 2002.2.
I
ave now had the occasion to peruse the Report submitted by SIT incompliance of the order passedby the Honourable Supreme Court onSeptember 12, 2011 in Criminal Appeal No. 1765 of 2011 that arose outof SLP (Criminal) No. 1088 of 2008; as well as the Report by the Learned
Amicus Curiae
dated 25/07/2011, submitted pursuant to the order of theHonourable Supreme Court of India dated 05/05/2011. Copies of boththese Reports are now available in the public domain.
3.
The kind attention of this Honourable Commission is drawn to my letterNo. SRB/SIT/120516/01 dated May 16, 2012, addressed to Shri. R.
K.
Raghavan, Chairman, SIT; wherein
I
ave tried to demonstratively pointout certain apparent fallacies and brazen attempts at cover-up in the FinalReport submitted by the SIT. A copy of the said letter is marked andannexed herewith as
Annexure-A.
 
"4.AsalreadysubmittedtothishonourableCommission,theSIThas continuouslydisregardedmyrepeatedrequestsandhasdeliberately desistedfromgettingmystatementrecordedbeforeaMagistrateasper theprovisionsofSection164(1)oftheCodeofCriminalProcedure.
It
isnowapparentfromtheReportsubmittedby
SIT,
thatcertainverycrucial portionsofmystatement,includingthetimingsofextremely consequential meetings with the Chief Minister Mr.NarendraModi on27/02/2002 and 28/02/2002, have either been incorrectly recorded ordeliberately tweaked by the SIT, possibly with the ulterior motive andintent ofshielding certain powerful persons including the Chief MinisterMr,NarendraModi from legal punishment.
These deliberate acts on thepart of the
SIT
would amount to offences under Sections 218 and
219
of the Indian Penal Code.
5.ThekindattentionofthisHonourableCommissionisdrawntoPage540of theReportsubmittedbytheSIT,wherein
it
isstatedthattheSITwas directedbytheHonourableSupremeCourtofIndiaon15/03/2011to carryoutfurtherinvestigatjopundersection173(8)oftheCr.P.C.intothe complaintofSmt.~akia~asim2\h&s$n~afriated08/06/2006.Accordingly furtherinvestigationwascarriedout-andaReportwassubmittedtothe HonourableSupremeCourtof1ndiaon25/04/2011.TheHonourable premeCourtofIndiaon05/05/2011thought
it
fit
tohandoverthesaid porttotheLearned
AmicusCuriae
anddirectedhimtoexaminethe ort;analyseandhavehisownindependentassessmentofthe atementsofthewitnessesrecordedbytheSITandsubmithis mentsthereon.
It
wasalsoleftopentotheLearned
AmicusCuriae
toactwithanyofthewitnesses,whohadbeenexaminedbytheSIT, includingthePoliceOfficers,ashemay deem
fit.
TheLearnedAmicuseaccordinglyexaminedtheSITReportandalsointeractedwithsome ofthewitnessesincludingsomePoliceOfficers;andsubmittedhis independentreporttotheHonourableSupremeCourtofIndiaon 25/07/20
11.
It may kindly be noted by that the Honourable Supreme Court ofIndialwhile disposing of
SLP
(Criminal) 1088 of 2002 on September 12,201
1;
held thatthe complaint of Mrs.ZakiaJafri encompasses theabominable and woeful events which took place in the State of Gujaratbetween February, 2002 and May, 2002 after the abhorrent Godhraincident on 27th February, 2002. The Honourable Su~reme ourt of Indiafurther held the investisation to have been conducted and com~leted vthe SIT, in terms of the orders passed bv itself from time to time anddirected the Chairman SIT to forward a Final Report, alonq with the entirematerial collected by the SIT, to the Court which had taken cosnizance of
C.R.
No.
67
of 2002 of Meqhaninaqar Police Station, as required undersection 173!21
of
the Code of Criminal Procedure.
 
It
isnowapparentfromtheReportthattheSIThascarriedout substantialfurtherinvestigationeven
after
theHonourableSupremeCourtofIndiadirectedtheSITtosubmittheFinalReport u/s173(2)oftheCr.P.C.,onSeptember
12,
2011.
It
isalsoapparentfromtheReportthatthesaidfurtherinvestigationhas beencarriedoutafterSeptember12,201l;withthesolepurpose andmotiveofshieldingMr.NarendraModiandotherpowerful accusedpersonsfrom legalpunishment.
6. As conveyed to this Honourable Commission on earlier occasions,
it
hasbeen my longstanding and oft-stated apprehension that the Governmentof Gujarat has been selectively destroying potentially incriminatingdocuments with the tacit blessings of the Honourable Justice Nanavati andMehta Commission of Inquiry as well as the SIT. Despite repeatedrequests and reminders, neither of the two above named inquisitorialagencies have deemed it necessary and fit to issue any directions forpreservation or production
of
vital contemporaneous documents andrecords.
It
is outraqeouslv shockins:'. that the SIT has chosen toperfunctorilv deal with the issue of no%-preservation or destruction ofmaterial documents and records in one sentence on Pase
529
of the FinalReport:
rtsweremadetolocatethedispatchregister
and
faxregisterte
IB
ControlRoom,butthesamehadbeenreportedly
ecomeincreasinglyclearthatagenciesand officesworking nderthecontroloftheStateGovernmentofGujarathaveconspiredto estroypotentiallyincriminatingdocumentsandrecords pertainingtotheGujaratCarnageof
2002.
It
isalsoapparentthatdespite repeatedrequests,theHonourableJusticeNanavatiandMehta CommissionofInquirydidnotmakeanyfruitfuleffortsforthe production and/orpreservationofcrucialandrelevantrecords;andtherebyindirectly facilitatedtheprocessofdestructionofveryvitalevidence.
TheSITunderthestewardshipofMr.Raghavanhasconveniently chosentoignorethefactthatsuchactsonthepartoftheState Governmentoritsagentswouldamounttooffencesunder Sections120-B,201and204oftheIndianPenalCode.
7.
It
is submitted before this Honourable Commission that the State ofGujarat is the Prosecutor in the on-going Criminal Trial that has ensuedfrom the investigation of Meghaninagar Police Station C.R.No. 67 of
2002.
That the SIT had carried out further investigations u/s 173(8) of the

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