Saturday, March 29, 2014

Mano ya Na-Mo FAQ 2 - SIT has given clean chit to Modi, why should he be culpable for Riots ?

Copied from https://www.facebook.com/notes/nomore/faq-2-sit-has-given-clean-chit-to-modi-why-should-he-be-culpable-for-riots-/670596619672983

Mano ya Na-Mo
Q2.- Hasn't the Special Investigative Team (SIT) done the most
detailed investigation against Modi? If they have given him a clean
chit, why should he still be held culpable for the riots of 2002?


The SIT's investigation was anything but detailed and the so-called
clean chit is, at best, dubious. The SIT was constituted with the sole
aim of establishing whether there was enough evidence to prosecute
Modi for personal involvement, and not to establish criminal
culpability conclusively.
Moreover, even though the SIT has stated that judicial proceedings
against Modi are impeded by a lack of evidence, a senior advocate
appointed by the Supreme Court thinks otherwise. According to him, a
prima facie case against Modi can be drawn up and brought to the
courts.
Similarly, investigative journalist Manoj Mitta (who had severely
criticized the investigation of the 1984 riots) in his recent book on
the SIT investigation of 2002 has confirmed that the investigation was
a shoddy affair. He points out that during the so-called
interrogation, Modi was neither legally obliged to tell the truth nor
was he cross-examined on a single response. The contradictions in
Modi's own statements that the SIT let go unchallenged reveals a
narrow understanding of what constitutes legally permissible evidence
(for details, see this link).
If the SIT was indeed keen on establishing culpability it could have
looked for undisputed facts elsewhere:
- Modi kept the army at bay and allowed the massacre to carry on for
far longer (three days) than it would take to rein in supposedly
"unruly thugs".

- Police officers who tried to prevent murders were transferred from
their posts immediately.
- The Gujarat police obstructed the filing of FIRs against rioters;

- Investigation of cases against the rioters by the Gujarat law
enforcement agencies was slipshod, or obstructive;

- The Supreme Court itself has accused the Public Prosecutor of
Gujarat of acting on behalf of the accused rather than against them.

- Little or no support was offered to victims in the immediate
aftermath of the riots.

All these point to an efficient institutional mechanism with the
explicit purpose of obstructing justice. More recently, Zakia Jafri
has made an appeal in theGujarat High Court against this clean-chit,
alleging that the SIT has not conducted a free and fair investigation.
Indeed, with Modi being at the helm of affairs and controlling the
direction of the investigation, it seems that the one giving out a
clean chit to Modi is Modi himself.
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