Commission of Inquiry (Godhra and post Godhra riots in Gujarat)

Consisting of

Mr. Justice G.T. Nanavati (Chairman)

And

Mr. Justice Akshay H. Mehta (Member)

Report

(PART – II)

Communal Riots in Gujarat after

the Godhra Incident

VOLUME-5

(Part-A)

Incidents

(CENTRAL GUJARAT DISTRICT)

Ahmedabad City

INDEX

Sr.

No. Particulars Page

1 Preface 1 to 6

2 Part-A 7 to 197

3 Part-B 199 to 405

4 Incident of Naroda Patiya 406 to 429

5 Incident of Naroda Gam 430 to 440

6 Incident of Gulbarg Society 441 to 485

7 Analysis 486 to 506

8 Ahmedabad Rural 507 to 528

9 Annexures-I to V 529 to 848

PREFACE

1. As a repercussion of of the Godhra train incident, large number of incidents happened

in Ahmedabad. The incidents started happening from the first day i.e. 27th

February, 2002 and

they continued to happen for almost three months thereafter. For large scale communal

violence in Ahmedabad, it is necessary to know the past history of the riots in this city. It is

noted in the history of the city, as stated earlier, the first communal riot that happened in the

city of Ahmedabad was in the year 1714. It started as a result of sprinkling of gulal, a red

powder on one Muslim by a Hindu named Hariram while celebrating Holi festival with his

friends at his residence. It was strongly protested by the Muslims and their mob assembled

near Jumma Masjid under the leadership of Sunni Bohra Mulla Abdul Aziz. The mob was

joined by Afghan Soldiers and it thereafter looted shops of Hindu, and set some shops as well

as houses on fire. The rioters were brought under control only by the armed guards of a Hindu

named Kapoorchand Bhansali.

2. Another communal riot occurred in the year 1715. Some Muslim soldiers looted the

shops of some Hindus who retaliated. The fracas soon flared up into communal riot which

came to an end with the replacement of Muslim Viceroy Daud Khan.

3. Yet another communal riot occurred in the year 1716. There was Id Festival and the

Muslims had collected cows and buffalos for slaughtering. One Muslim Hawaldar just out of

pity released one of the cows which infuriated the Muslims who turned violent and resorted to

rioting, arson and mass looting of Hindu establishments. The situation could be brought back

to normal only by the concerted efforts of Hindu Viceroy namely Ajit Sinh.

4. In the year 1750 communal riot broke out as the Muslims demolished a temple simply

because the sound of ringing of bell in the temple disturbed their Namaz.

5. In the year 1941 the communal riots broke out on 18th

April, 1941. The riots were so

serious that the movement against the British Rule viz. Civil Disobedience Movement had to

be suspended till October 1941 and the curfew confined the citizens in their houses for almost

2-1/2 months.

6. This was followed by another major communal riot in the month of July, 1946. On 1st

July, 1946, Rath Yatra procession had been taken out by the organizers of the famous

Jagannath temple of the city. In the said procession a Muslim Gymnast viz. Sikandar

criticized one Chitranjan alias Chintamani who was demonstrating his skill of weight lifting in

the procession. The criticism turned into altercation between the two and then into physical

fight. The Sadhus in the procession were very much agitated but the police brought the

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situation under control for the time being. When the procession passed by a restaurant near

Station, Soda water bottles were thrown on the procession by persons who had concealed

themselves in that restaurant. The police forcibly broke open the door of the restaurant and

apprehended several Muslims. These incidents aroused the communal passions on both the

sides which ultimately resulted into large scale riots.

7. In the year 1965 two Shikh auto rickshaw drivers were murdered by some Muslim

persons. This infuriated the Shikhs of the city and they burnt shops, houses of the Muslims

during the funeral procession of the deceased persons.

8. The worst communal riot witnessed by the city prior to year 2002 was in the year

1969. On 18th

September, 1969 there was a festival of Muslims and they had gathered at a

place called Bukhari Saheb‟s Chhilla situated in Jamalpur near Calico Mill. In the evening

cows belonging to Jagannath temple were being brought back to the temple from grazing

land. That caused some disturbance in the festival and there was hot exchange of words

between some Muslims and the Sadhus of the temple. It resulted into beating of some Sadhus

who fled toward the temple. They were chased by the Muslims. Though the news of attack on

Sadhus spread immediately, members of both the communities were pacified by their

respective leaders and also the police. However, on 19th

again there was a rumour about

second attack on Jagannath temple by Muslims and incidents of violence started happening in

quick succession all round the city. The riots were so severe that minimum 660 persons lost

their lives and the city was in the grip of fear for months to come.

9. In the year 1985 what initially started as agitation against the reservation policy of the

Government assumed communal colour little later and the disturbed condition which started

in the month of February, continued upto July, 1985. During this riot also there was heavy

loss of life and property. At one point of time even the police had abandoned their duty and

had gone on rampage and caused damage to public and private property. Law and order

situation was in total chaos.

10. Thereafter, the city experienced communal riots in the years 1990 and 1992 the latter

being on account of demolition of Babri Masjid and in 1993. Even subsequently also, the

communal disturbances have taken place but not on a large scale.

11. It may be noted here that the distrust and the disharmony created between these two

communities got widened and the security and safety became the matters of paramount

interest for both the communities. They therefore, abandoned the neighourhood of each other

and started residing with the members of their own community. A „once upon a time‟

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assimilation of the communities gradually marched towards its disintegration due to

continuous conflict between them mainly on the basis of religion and they started residing

with the members of their own community to form the unity. This was more due to fear than

hatred for each other. As a result of this, the pols and mahollas assumed the colour of religion

and with the passage of time they became exclusive localities of either of the communities.

The members of both the communities started feeling secured in their own Mahollas or Pols.

In fact the Pols and Mahollas were there right from the inception of the city but due to

frequent skirmishes between the people on the basis of community the pols and Mahollas

assumed colour of religion.

12. It is also relevant to note the particular pattern of the structure or formation of the

houses in the pols and mahollas of the old city areas as it has been playing major role in

creating hurdle for the police in apprehending the miscreants on the spot or immediately after

happening of the incident. The peculiar features of a „Pol‟ have been aptly described as under.

“A Pol is a small residential unit consisting of a single street with a group of houses, which is usually protected by a massive gate at the entrance. When the gate is closed,

the entire street becomes one big house often inhabited by people of the same trade or

even by relatives.”

Further it is described as –

“A compact housing cluster with dead-end streets forms a distinctive residential

pattern within a Pol. In earlier days, the Pols were self-sustaining for a certain period

of time since each house had its own underground storage for water, and food grains

were stored in the safest part of the house. At times, two different Pols opened for

ventilation at the same point and they also had a common service bay for drainage,

water supply and garbage collection.”

OLD AHMEDABAD.

WIKIMAPIA. 0R6/19663/-

13. The aforesaid composition of Pols and Mahollas and Khanchas facilitate the

miscreants in indulging in riots and then to elude the police very easily and disappear in the

labyrinth of the Pols/streets. The Police have admitted the fact without any reservation that

many a times it becomes impossible for them to get to the miscreants when they enter into the

pol. The Pols and Mahollas are mainly situated in the old city or the walled city. In the report

submitted by the Inquiry Commission headed by Justice P. Jagan Mohan Reddy which was

constituted for making inquiry into 1969 communal riots, it has been observed – “the areas of

Khadia and Raipur under Kalupur Police Station the unique feature of this walled area is that

the poles or lanes and sub-poles or sub-lanes are so narrow that it is difficult for two persons

4

and some times in a sub-pole even for one person to walk. Most of these poles have gates at

their entrances which exist as a measure of protection. These poles and sub-poles have always

created difficulties in the maintenance of law and order during disturbances and when riots

break out the miscreants come out on the road, commit mischief and disappear before the

arrival of the police. The areas of Khadia and Raipur under the Kalupur Police Station are said

to be particularly difficult where not only the lanes and bye-lanes are narrow, but people can

move from any two points between the main roads from roof to roof and get on to the other

side. In this way, the miscreants could take the shortest route through the poles and bye-poles

and from roof-tops, while the police have to take a detour and traverse a long distance to

reach the other point and could only arrive there long after the miscreants had reached there,

caused damage, and disappeared.”

14. It has been, by now, an accepted fact that because of the peculiar structure of the pol

the rioters can indiscriminately and very easily hurl petrol filled bottles, acid bulbs, burning

rags, crude bombs, stones and other missiles on the houses and lanes of rival community

without being interrupted or detected by the law enforcing agency. Such missiles can, not

only cause substantial damage to properties but even inflict serious injuries on persons

including women and children which sometimes prove fatal. This has become a common

feature of a communal riot because in the walled city the contiguity or close proximity of the

lanes or pols having predominant population of Muslims and Hindus respectively, facilitate

the miscreants to exploit the position to their ultimate advantage and inflict upon the opposite

community the maximum damage. The areas comprising the pols and mahollas which have

been described here are communally very sensitive and their peculiar topography creates

problems not only for police but even for fire brigade and the agencies rendering medical aid.

Police Set-up of the City

15. Ahmedabad Commissionerate comprises area under Ahmedabad Municipal

Corporation and also area outside Ahmedabad Municipal Corporation but within the

jurisdiction of Ahmedabad Urban Development Authority. It covers area of approximately

491 sq. kms. The population of the Commissionerate according to 2001 Census is

approximately 55 lacs as stated by Shri Pandey in his affidavit. Area under Municipal

Corporation is having population of 39 lac whereas area under AUDA is having population of

15 to 16 lacs. For the purpose of police administration the Commissionerate has been divided

5

into two sectors viz. Sector-1 and Sector-2. Sector is further divided into Zones and Zones

into Divisions and again Division into Police Stations. Sector-1 contains Zone-I, II and III

whereas Sector-2 has Zone-IV, V and VI. Zone-I comprises Divisions A and B, Zone-II

comprises Divisions C and L and Zone-III comprises Divisions D and E; Zone-IV comprises

Divisions F and G, Zone-V comprises Divisions H and I and Zone-VI comprises Divisions J

and K.

16. At the relevant time there were 30 Police Stations and now five more have been

added. The police set up for the Commissionerate is that there is one Commissioner of Police

for the entire Commissionerate and there are two Additional Commissioner of Police who are

in-charge of Sector-1 and 2 respectively. Each Zone is headed by Deputy Commissioner of

Police and each Division by Assistant Commissioner of Police. Each Police station is in

charge of Senior Police Inspector. Every Police Station is having Police Chowkies and each

Chowky is in charge of Police Sub Inspector. Over and above this at certain communally

sensitive places permanent police points have been set up which are manned by the SRP.

Each Senior Police Inspector in charge of Police station is assisted by Second Police Inspector

for each Police Station. At the relevant time i.e. February, 2002 the sanctioned strength and

the present strength of the city was as under:

FOR SECTOR-1

POST SENCTIONED

STRENGTH

PRESENT

STRENGTH

Additional Commissioner of Police 1 1

Deputy Commissioner of Police 3 2

Assistant Commissioner of Police 6 2

Police Inspector 29 29

Police Sub Inspector 184 100

Head Constable/Police Constable 2735 2356

FOR SECTOR-2

POST SENCTIONED

STRENGTH

PRESENT

STRENGTH

Joint Commissioner of Police 1 1

Deputy Commissioner of Police 3 3

Assistant Commissioner of Police 6 6

Police Inspector 30 29

Police Sub Inspector 178 106

Head Constable/Police Constable 2536 2295

6

The aforesaid details have been referred to by us from the affidavit of Commissioner

of police as well as affidavit of Mr. M.K. Tandon, the then Joint Commissioner of Police

Exh.5712. The 30 Police stations are (1) Vejalpur, (2) Satellite, (3) Ellisbridge, (4)

Navrangpura, (5) Ghatlodia, (6) Sola, (7) Naranpura, (8) Sabarmati, (9) Madhupura, (10)

Shahpur, (11) Karanj, (12) Kalupur, (13) Shaherkotda (14) Khadia, (15) Gaekwad Haveli,

(16) Dariapur, (17) Shahibaug, (18) Sardarnagar, (19) Naroda, (20) Meghaninagar, (21)

Gomtipur, (22) Rakhial, (23) Bapunagar, (24) Odhav, (25) Amraiwadi, (26) Kagdapith, (27)

Dani Limda, (28) Vatva, (29) Maninagar and (30) Vatva G.I.D.C. These police stations have

been grouped into 9 divisions which have been stated above. The detailed particulars of all the

incidents which happened in the city areas of these police stations are stated by us in the

chapters which are now to follow.

17. There is also a separate police force maintained by the State which is known as State

Reserve Police. Their services are being utilized in certain exigencies such as civil

disturbances or communal riots. SRP men are also deployed permanently at communally

sensitive areas and this deployment is locally called „Tambu Chowky‟. They are deployed in

sections and each section includes 6 men.

18. The record shows that during present riots, apart from the local police force and

permanent deployment of SRP in some police stations, the State Government had

requisitioned the services of para-military and military forces also. These forces were Central

Reserve Police Force, Central Industrial Security Force, Rapid Action Force, Border Security

Force and the Army. As and when these forces were available their deployment in different

police stations was made from 28th

February, 2002 onwards and it was continued during the

relevant period in accordance with the need existing then.

19. In the Chapters to follow we will narrate the back-ground of the police stations,

incidents of riots police station wise and consider whether the administrative measures taken

to prevent and deal with riots were adequate. The narration of the incidents is mainly based on

the First Information Reports that have been produced before us alongwith copies of charge

sheet and other material relating to the incidents.

7

PART-A

VEJALPUR POLICE STATION

20. This Police Station is in Division-A of Zone-I of Sector-I. There is Hindu and Muslim

p

opulation of almost equal number. It has history of communal riots. The area under this Police

Station admeasures 27 sq.mts. approximately and the population is around 4.5 lac. From the

point of view of communal disturbances, the area is very sensitive and during communal riots,

it creates sufficiently grave problem of law and order. There is a locality called Juhapura

which is inhabited by Muslims whereas there is a locality known as Guptanagar which is

having mix population and the people residing in it mainly belong to labour class. In between

Eastern border of Juhapur and Western border of Guptanagar there is only a dividing road of

the width of 132 ft. It is considered as one of the most troubled spots of the city. There are

also pockets of Hindu population in Muslim locality and vice versa, Muslim pockets in Hindu

locality. Here, during disturbances, the communal frenzy runs very high in both the

communities. National Highway leading to Kutch and Saurashtra and also to Gandhinagar and

onwards from Narol side runs through Juhapura under the jurisdiction of this Police Station.

There is continuous flow of traffic comprising all types of vehicles on this road and during

communal disturbances the vehicles and the persons travelling in the vehicles fall easy prey to

the riotous mobs. In the past, the area had witnessed communal riots in the year 1991, then in

the year 1992-93 and also in the year 1999. In the year 1992-93, in view of the Babri Masjid

demolition incident, wide spread riots had broken out in various parts of the country and area

under Vejalpur Police Station was also affected by it. At that time 15 incidents had happened

wherein seven (7) persons had lost their lives, four in police firing and three due to stabbing.

In July, 1999 also six offences of communal riots were registered by the police. Considering

its vulnerability to the communal frenzy, at nine places police points have been established

where half a section of State Reserve Police (SRP) each is permanently deployed. On the road

between chowkies known as Jivraj Chowky and Vejalpur Chowky on one side, members of

Hindu community reside whereas on the other members of Muslim community reside and

during communal disturbances they form big mobs and pelt stones and throw burning rags,

petrol and acid filled bulbs, etc. at each other and also on the police. This has become a

8

common feature of communal riots and it creates very difficult situation for the police to

tackle. Similarly there are many other areas wherein members of both the communities reside

very near to each other and these areas virtually become battle fields during communal riots.

21. This Police Station has five Police Chowkies i.e. Vasna Chowky, Jivraj Chowky,

Vejalpur Chowky, Sonal Chowky and Juhapura Chowky. These chowkies are placed in

charge of Police Sub Inspectors. The sanctioned strength of the Police station as on 28th

February, 2002 was 2 Police Inspectors, 17 Police Sub Inspectors, 77 ASI/Head Constables,

236 Police Constables and nine fixed points each having half section of the S.R.P. The

available strength was 2 Police Inspectors, 10 Police Sub Inspectors, 61 ASI/Head Constables,

123 Police Constables and 11 S.R.P. Points.

22. On 27th

February, 2002, in view of the attack on Sabarmati Express train at Godhra

resulting into deaths of the Ram Sevaks, the police apprehended serious trouble in areas under

this Police Station. The then Senior Police Inspector Mr. N.S. Joshi in charge of this Police

Station had immediately sent requisition for additional help of 1 ACP, 2 PSIs, 50 PCs and 5

sections of SRP but he was provided with 25 men from Shahibaug Police Head Quarter and 2

Sub Inspectors from the State Reserve Police. Request for additional help was made to

Commissioner of Police He has filed an affidavit (Exh.4963) stating that he had also

requisitioned vehicles and the PSIs were instructed to patrol the areas under their police

chowkies in these vehicles. They were provided with necessary men with rifles and hand

grenade gas shells. Moreover, two PSIs, 5 ASIs/HCs and 7 P.Cs. formed investigation squad

for receiving complaints and investigating into them. There was Surveillance Squad which

included 1 PSI, 3 HCs and 12 PCs. At 17 communally sensitive points 47 ASIs/HCs and PCs

were posted. In the entire area under this police station its mobile van was continuously

patrolling and attending to the messages received from the control room. Out of additional

force of 25 men comprising armed Head Constables and PCs, 10 persons were instructed to

accompany PSIs in their vehicles, 5 men were posted at Guptanagar Simla Hotel and 10 men

were posted at Juhapura Naka Police point. He has also stated that there were SRP Points on

permanent basis at 9 very sensitive places and at every point half section of SRP was

maintained. Two PSIs of SRP who were provided by the control room were posted at

Juhapura Police Chowky and Simla Hotel police point. At 5.00 P.M. he had received 25

persons of CISF who were given patrolling duty. He has further stated that from 28th

February, 2002 onward incidents of arson, stone throwing and physical assaults started

happening continuously in the areas known as Vasna road and Jivaraj Park. In the areas

9

behind Vejalpur Police Chowkey, near Vishala Restaurant, APMC Market and Vasna Barrage

road also there was continuous trouble. On that day at 4.20 p.m. curfew was imposed but the

riots continued.

23. According to the P.I., on the next day i.e. on 1.3.2002 also the incidents continued to

occur in the areas of Jivraj Park, Vejalpur, Juhapura, Shantinath Apartment, Shivnagar,

Sharifabad, Guptanagar, Vasna, Vejalpur Bus Stand and also in other areas. The incidents

occurred on a large scale there were attacks and counter attacks by big crowds of both

communities and they even made the police their target.

24. Record of this Police Station shows that between 27th

February, 2002 and 31st May,

2002, 43 offences were registered with the police which could be termed as communal

incidents related to the Godhra incident. Out of 43 incidents, 9 incidents took place at night

i.e. between 8.00 p.m. and 7.00 a.m. next morning and 34 incidents took place during day

time. Maximum number of incidents occurred on 28.2.2002. On that day 10 incidents

occurred in different localities under this Police Station. The last incident during relevant

period occurred on 29.5.2002.

25. Table containing date-wise occurrence of incidents together with their crime

registration number is given below.

Date C.R. No. of Incidents

Number

of

incidents 27/02/02 63/02 01

28/02/02 47/02, 48/02, 49/02, 50/02, 62/02, 65/02, 68/02, 69/02,

70/02, 71/02

10

01/03/02 51/02, 52/02, 53/02, 54/02, 55/02, 56/02, 61/02, 64/02 08

03/03/02 57/02 01

04/03/02 58/02 01

24/03/02 72/02, 73/02, 74/02 03

31/03/02 75/02 01

09/04/02 81/02 01

15/04/02 84/02 01

23/04/02 90/02, 91/02, 92/02, 93/02, 94/02, 95/02 06

24/04/02 96/02 01

25/04/02 104/02 01

26/04/02 97/02, 98/02, 99/02, 100/02 04

07/05/02 106/02, 107/02, 115/02 03

29/05/02 116/02 01

Total 43

26. On 27th

February, 2002 one incident happened. At about 12.00 hours of 28.2.2002,

Altafbhai Abdul Razakbhai received telephone call of his neighbour stating that a mob of

about 40 to 50 persons had set on fire his footwear shop late in the evening of 27th and burnt

10

shoes, chappals and furniture. Altaf lodged the F.I.R. (CRNo.I-63/2002) on 10th

March, 2002.

During the investigation, police apprehended two persons and prosecuted them. Trial against

them is pending in Court.

27. On 28th

February, 2002 ten incidents happened.

(i) P.S.I. B.R. Patel of Jivrajpark Police Chowky was patrolling the area under Jivrajpark

Police Chowky with his policemen in requisite jeep, at about 13.30 hours near

Jivrajpark Police Chowky. At that time a mob of approximately 2000 Hindus armed

with sticks, pipes, dhariya and swords came from Guptanagar Bharwad Vas side on

132ft. Ring Road and tried to break open, plunder and set on fire shops of Muslims

situated on the Eastern border of the road. PSI gave warning to the mob to disperse but

the mob did not disperse and started pelting stones. At that time a mob of

approximately 2000 Muslims also armed with weapons like sword, sticks, guptis and

pipes came on the ring road from Juhapura side. Both the mobs pelted stones at each

other and also at the vehicle passing on that road and raised shouts. Since the mobs did

not pay any heed to the warnings given by the police, the police lobbed gas shells and

also resorted to lathi charge simultaneously. However, the mobs did not disperse

hence one round from service revolver was fired by PSI. In the meanwhile senior PI of

Vejalpur Police Station N.S. Joshi with his squad arrived there and he also took action

by lobbing teargas shells and then opening fire from the service weapons. The incident

continued till 16.00 hours. In the stone throwing several policemen got injured. No

casualty was reported. P.S.I. B.R. Patel lodged the F.I.R.(CR No.I-47/2002) against

unknown persons. During investigation four persons belonging to Hindu community

were arrested and prosecuted. Their case is still pending.

(ii) P.S.I. N.D. Solanki of Vasna Police chowky was patrolling with his men in a requisite

vehicle the area under Vasna Police Chowky. Around 9.00 hours when he reached

Vasna circle, he noticed around 500 to 700 persons of Hindu community armed with

sticks, pipes, dhariya and swords were breaking open and setting on fire shops of

Muslims situated in N.D. Shroff Market. He reached there and warned the mob to

disperse but it did not disperse and pelted stones at the police. Police lobbed teargas

shells and the mob dispersed. Thereafter around 9.30 hours on the road leading from

Vasna circle to Guptanagar bus stand, different mobs of 400 to 500 Hindus halted

vehicles plying on that road and also damaged the shops of Muslims and set them on

fire. PSI with his men reached the place and lobbed 3 shells of hand-granade but the

11

mob did not disperse and continued to damage shops and set them on fire. Sr. PI Joshi

was informed and he with his squad reached the spot and lobbed various types of

shells. Since the shells did not have desired effect one round from 303 rifle was fired

in air, then mob dispersed. Such incidents continued till 17.30 hours. P.S.I. N.D.

Solanki lodged the F.I.R.(CR No.I-48/2002) against unknown persons. Ultimately 8

persons were arrested. The case against them is pending.

(iii) PSI M.N. Parmar of Vejalpur Police chowky with his men was patrolling the area

under Vejalpur police chowky in a requisite vehicle. Around 12.30 hours when he

reached near Jivrajpark Vishwamitri Bus stand, he noticed a mob of 500 Hindus

armed with weapons like dhariya, pipes and sticks breaking open cycle shops of

Muslims and bringing out cycles and other goods and setting them on fire. He warned

the mob but the mob did not disperse and continued causing damage to the shops.

Police therefore, lobbed 2 hand grenade shells and the mob started running towards

Avni Shopping Centre. There the mob set on fire shops of mattresses belonging to

Muslims. Police reached the spot and lobbed various types of shells. The mob

dispersed. At about 17.00 hours, a mob of Hindus near Jaltarang Bus Stand broke open

shops of mattresses of Muslims and set them on fire.Police reached the spot and on

seeing police, the mob ran away. At about 18.30 hours the mob caused damage and set

on fire the motor repairing garages of the Muslims near Vastrapur Railway Station.

P.S.I. M.N. Parmar lodged a common F.I.R. (CR No.I-49/2002) for the above

incidents against different mobs of approximately 500 unknown Hindus. Since the

police could not find the culprits even after investigation, it closed the case after

obtaining „A‟ summary. Subsequently, the case has been re-opened and the

investigation is still going on.

(iv) At about 00.00 hours, near Vishala Hotel in the godown of India Roadways, a mob of

40 to 50 persons assaulted its watchman Rajendrakumar and caused him injuries on

head and different parts of the body with dhariyas. Omprakash Jankiprakash Gupta

and Premnarayan Mishra who were there brought unconscious Rajendrakumar to

hospital. Omprakash lodged the F.I.R. (CR No.I-50/2002) against 40 to 50 unknown

Muslims. The police carried out investigation but could not find the culprits and

hence, closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

12

(v) Between 3.30 hours and 5.00 hours some miscreants set on fire shop of Pirmohmed

Musabhai Ghanchi and burnt mattresses, rugs, cloth and sewing machine. He lodged

the F.I.R. (CRNo.I-62/2002) on 10th

March, 2002. During the investigation, police

arrested six persons and charge sheeted them. The trial against them is pending in

Court.

(vi) Around 19.30 hours, a mob of about 50 Hindus stopped Salim, driver of a TATA

Sumo vehicle and after some beating he was made to run away from there. The mob

thereafter ignited the vehicle and also took out rear and spare wheels of the vehicle.

Anandbhai Naranbhai owner of the vehicle lodged the F.I.R. (CRNo.I-65/2002) on

10th

March, 2002. The police during investigation arrested 11 persons and filed charge

sheet against them on 2.7.2002. Their trial is pending in Court.

(vii) At about 15.00 hours, a mob of around 200 Hindus armed with swords, broke open the

shutter of Dry-cleaning shop of Abdul Karim Shaikh and brought out furniture and set

it on fire. The mob also stole some clothes of his customers from the shop. He lodged

the F.I.R. (CRNo.I-68/2002)on 12th

March, 2002. During investigation police arrested

5 persons and submitted charge sheet against them. The trial against them is pending

in Court.

(viii) Some time between 8.00 hours and 20.00 hours, some miscreants broke the shutter of

the shop of Mehmudmiya Abdul Rahim Topiwala and entered the shop and damaged

furniture, light fittings, tailoring equipments and the clothes. He lodged the F.I.R.(

CRNo.I-69/2002) on 12th

March, 2002. Since the police could not find the culprits

even after investigation, it closed the case after obtaining A summary. Subsequently,

the case has been re-opened and the investigation is still going on.

(ix) Jafar Jahakhusain Gulamnabi Momin lodged the F.I.R. on 12th

March, 2002 (CR No.I-

70/2002) against 400 unknown Hindus, stating that on 28.2.2002 at about 16.00 hours

they broke the shutter of his shop and brought out goods and burnt them and also shop.

Since the police could not trace the culprits even after investigation, it closed the case

after obtaining A summary. Subsequently, the case has been re-opened and the

investigation is still going on.

(x) A mob of miscreants broke open the door of Grocery shop of Rafik Kutubuddin

Shaikh and committed theft of grains and kerosene. The shop was situated on Vejalpur

Main Road. Rafik thereafter went to the shop of his wife Sharifabibi and found that it

was also forcibly opened and kerosene, electric motor and other articles were stolen.

13

He therefore, lodged the F.I.R. (CR No.I-71/2002) on 19th

March, 2002 against the

mob of 500 unknown Hindus. This happened on 28.2.2002 some time between 14:00

hours and 18:00 hours. Since the police could not find the culprits even after

investigation, it requested for grant of A summary on 4.7.2002 which was granted on

3.8.2002. Subsequently, the case has been re-opened and the investigation is still

going on.

28. On 1st March, 2002 the trouble continued and eight incidents happened.

(i) Mobs of Hindus and Muslims of approximately 1000 persons each, armed with

dangerous weapons like dhariya, sword, gupti, etc. gathered on the open ground near

Jhalak Complex and attacked each other. They also attacked the police, which had

arrived there on receiving information, by pelting stones at them. Since the situation

despite warning was getting out of control, police lobbed gas shells as well as hand

grenades and fired 8 rounds from service revolvers and 3 rounds from SLR Rifle.

P.S.I. K.P. Rathod lodged the F.I.R. (CR No.I-51/2002). Three persons belonging to

Hindu community and one person of Muslim community were arrested and charge

sheeted. They have been acquitted by the Court.

(ii) Around 16.00 hours, a mob of Hindus consisting of about 3000 persons came on the

132‟ ring road between Vasna Tolnaka and Jivraj Park Police Chowky from

Guptanagar Bharwad vas side armed with dangerous weapons and tried to break open

the shops of Muslims and loot the goods and then set the shops on fire. PSI B.R. Patel

of Jivraj Park Police Chowky with his men reached there and warned the mob to

disperse but it did not disperse and started throwing stones on police. At that time a

mob of Muslims of equal strength also armed with dangerous weapons came there.

The mobs pelted stones at each other and also at the police. Inspite of warnings, the

mob did not disperse. Police, therefore, lobbed gas shells and hand grenades. In the

meanwhile additional police force arrived there. Police then opened fire. The mobs ran

away. One Hindu, named Bharat Kanji died in police firing. P.S.I. B.R. Patel lodged

the F.I.R. (CR No.I-52/2002). Since the culprits could not be found even after

investigation, police filed A summary. Subsequently, the case has been re-opened and

the investigation is still going on.

(iii) Between 18.27 hours and 20.00 hours, a mob of Muslims having fire arms and

weapons like Sword, Dhariya, Lathi attacked the police on duty and tried to commit

their murder. Police Constable Bhanubhai Raghubhai Bharwad received fire arm

14

injury. He subsequently died. Police also opened fire from service revolver as well as

rifle. One person appearing to be a Muslim got injured in police firing. Thereafter the

miscreants ran away. P.S.I. V.M. Barot lodged the F.I.R. (CR No.I-53/2002). Police

prosecuted seven persons but after trial all have been acquitted by the Court. Person

injured in police firing was later identified as Ismail Karimbhai Momin. He also died.

(iv) Between 18.15 hours and 19.45 hours, a mob of approximately 200 Muslims came

near Shah Ware-house, opposite Vishala Hotel and attacked houses and kachcha huts

of Hindus. Some of them were damaged and some were set on fire. The police reached

there on receiving information and lobbed six hand grenades and fired two rounds

from .303 rifle in air towards the mob. Police also resorted to lathi charge to disperse

the mob. The miscreants ran away from there. Despite the chase, police could not

apprehend any of them. P.S.I. S.N. Saiyed lodged the F.I.R. (CR No.I.54/2002) against

200 unknown Muslim persons. As the police could not find the culprits even after

investigation, it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

(v) PSI M.N. Parmar of Vejalpur Police Chowky while patrolling the area under Vejalpur

Police Chowky with his men in a requisite vehicle came near Om Jaishree Society in

Jivraj Park at about 19.30 hours. At that time a mob of 200 to 300 Muslms armed with

swords, dhariya, gupti, pipes and sticks came there shouting and then went towards

Venugopal Society and Shivnagar Society and there the mob set on fire houses and

vehicles and caused damaged to them. The police warned the mob to disperse but it

continued to set fire to the properties hence the police resorted to lathi charge and then

lobbed 4 hand grenade shells. The mob didpersed. At that time a mob of

approximately 200 to 300 Hindus also armed with dangerous weapons came from the

Venugopal, Dayal Park and Shivnagar Societies. Both the mobs started pelting stones

at each other and raised shouts to kill. Police, therefore, lobbed shells to disperse the

mobs. In the meanwhile senior PI N.S. Joshi arrived there with his men and he also

ordered shells to be lobbed. Since the shells did not have desired effect, rounds were

fired from 303 rifle as well as .410 musket in air towards the mobs. Even that did not

have effect on the mobs hence rounds were fired at the miscreants in the mobs.

Thereafter the mobs ran away from the spot. P.S.I. M.N. Parmar lodged the F.I.R. (CR

No.I-55/2002) against 200 to 300 unknown Muslims and 200 to 300 unknown Hindus.

Despite investigation, the police could not find out the culprit, hence the case was

15

closed after obtaining „A‟ summary. Subsequently, the case has been re-opened and

the investigation is still going on.

(vi) Around 17.00 hours, a mob of Hindus caused death of Mohmmed Ayyub Mohmmed

Kasam Shaikh, a boy aged about 17 years opp. Jhalak Flats. One Abdul Latif

Abdulkarim Shaikh also died due to stabbing but his name does not figure in the FIR.

There is also no other material giving details about his death. However, the final

statement submitted by police with regard to deceased persons his name is shown in

this offence. He had received stab injuries on vital parts of the body. F.I.R. (CR No.I-

56/2002) was given by deceased Mohmmad Ayyub‟s brother Mehboob

Mohmmedbhai on 1st March, 2002. Since the police was not able to ascertain the

identity of culprits even after investigation, the case was closed after obtaining „A‟

summary. Subsequently, the case has been re-opened and the investigation is still

going on.

(vii) On 10th

March, 2002 Smt. Pratibhaben Shravankumar Sharma lodged the FIR

(CRNo.I-61/2002) stating that any time between 1st March, 2002 and 10

th March, 2002

when she was away from her home, around 200 persons broke open her house and

committed theft. This was done because they entertained a doubt that Muslims were

visiting her place. Despite investigation, the police was unable to find the culprits,

hence obtained „A‟ summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

(viii) Some time between 12.00 hours of 1.3.2002 and 10.00 hours of 2.3.2002 a mob of

miscreants attacked the house of Mohmed Javed Gulam Rasul Shaikh, broke the

window panes and threw burning material inside the house which caused fire in the

house. He lodged the F.I.R. (CR.No.I-64/2002)on 10th

March, 2002 against 40 to 50

unknown persons. Despite investigation, the police could not find out the culprits,

hence, obtained „A‟ summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

29. On 3rd

March, 2002 at about 23.15 hours, near Vasna Circle, some miscreants pulled

out iron railing of Azam Mazam Roza with a view to hurt the feelings of Muslims. P.S.I.

V.M. Barot of Vejalpur Police Station lodged the F.I.R. (CRNo.I-57/2002). During

investigation police arrested 6 persons and submitted charge sheet against them on 3.7.2002.

Their trial is pending. This was the only incident on that day.

16

30. On 4th

March, 2002 also there was one incident wherein a mob comprising Hindus

breached the curfew order and attacked a Muslim boy with dangerous weapons and caused

serious injuries to him. Police Constable Laxmanbhai Gandabhai tried to rescue him but he

was also assaulted and injured on his left arm with a sword. Police Constable Dahyabhai

Jalambhai fired a shot from his .410 musket. The mob then ran away. He lodged the F.I.R.

(CR No.I-58/2002). The case filed against 6 persons resulted into acquittal.

31. On 24.3.2002 three incidents happened.

(i) Around 9.30 hours, near Madhuram Dairy, 3 to 4 persons went near the rickshaw of

Mustafa Ahmedbhai and one of them broke the front glass of the rickshaw and others

started beating him. Mustafa and the passengers in the rickshaw managed to escape

from that place. Later on Mustafa learnt that the miscreants had burnt his rickshaw. He

lodged the F.I.R. (CR No.I-72/2002). During the investigation, the police apprehended

4 persons and charge sheeted them. The trial against them is pending in the Court.

(ii) At about 11.30 hours on the road opposite Pravinnagar, Samsherkhan Altafkhan

Pathan and three other persons, while they were returning in his auto-rickshaw after

attending the parade of Home Guards, were attacked by the mob of 50 persons by

pelting stones at them. Samsherkhan received injuries on his fore-head and right hand

wrist. The hood and glass of his rickshaw were also broken. He lodged the F.I.R.(CR

No.I-73/2002) on that very day. During the investigation, police apprehended 24

persons and prosecuted them. The trial against them is pending in the Court.

(iii) A crowd comprising 40 to 50 Hindus attacked a Muslim couple near Pratapkunj

Society, Vasna and caused serious injuries to the husband and the wife. Their scooter

was burnt. Police noticed them lying in injured condition and removed them to a

hospital. The woman died during treatment. She was identified as Geeta alias Mumtaz

Salim Shaikh. The F.I.R.( CR No.I-74/2002) was lodged by P.S.I. N.B. Solanki.

Police arrested seven persons and prosecuted them. One person was convicted and the

rest were acquitted.

32. On 31st March, 2002 only one incident occurred. A mob of Muslims of about 3000 to

4000 persons came from Juhapura side and attacked housing society of Hindus near Jivraj

Park, Yash Complex. They were having iron pipes, swords, Spears, etc. They pelted stones

and threw explosives and burning rags on the houses of Hindus. A crowd of Hindus of about

1000 persons also came there from Ramkrupa Society side. They were attacked by the

Muslim crowd by using fire arms and explosive substances. The Muslim crowd also attacked

17

the police. To control the violent crowds, police lobbed long range as well as short range tear

gas shells and hand grenades. They also fired 6 rounds from service revolver and 5 rounds

from .303 rifle. The mobs dispersed. However, the mob of Muslims again appeared near Yash

Complex and attacked the police by throwing burning rags and stones. The mob also lobbed

rockets as well as country made bombs and opened fire from their private weapons. In the

meanwhile mob of Hindus came from the side of Nildhara and Kaumudini Society. It was

also attacked by the Muslim mob in similar manner. The situation became so serious that the

Additional Commissioner of Police had to rush to the spot with his striking force. Police

lobbed long range and short range gas shells and 44 electric shells. It fired 3 rounds from

service revolver and 3 rounds from 303 rifle. Crowds dispersed but again the police was

attacked and it had to resort to firing. The attacks on police were spread over between 20.45

hours on 31.3.2002 and 1.30 hours on 1.4.2002. In this incident some policemen received

injuries. Police Sub Inspector Mr. M.N. Parmar lodged the F.I.R.(CR No.I-75/2002). Initially

the police, after investigation had, submitted A summary on 3.8.2002 and the same was

granted. Subsequently, the case has been re-opened and the investigation is still going on.

33. On 9.4.2002, around 17.45 hours, while Dr. Ankit K. Mehta was sitting in his

consulting room, a boy aged about 25 years assaulted him with a pointed sharp weapon and

caused him injuries. He managed to escape. He was soon removed to a hospital in police jeep.

He lodged the F.I.R.(CR No.I-81/2002). During the investigation police arrested one persona

and prosecuted him. After trial he was acquitted.

34. On 15th

April, 2002, a crowd comprising Muslims of Juhapura threw acid bulbs,

country made bombs and also opened fire from their private arms on police as well as the

Hindus near Yash Complex. There were several attacks by Muslims between 23.30 hours of

15.4.2002 and 4.00 hours of 16.4.2002. Police lobbed teargas shells, and also opened fire.

One person named Jamilbhai Lalmohmed Bagwan died due to police firing and two persons

received injuries. Police apprehended some miscreants on the spot. P.S.I. M.D. Chaudhari

lodged the F.I.R.(CR No.I-84/2002). After the trial the accused were acquitted.

35. On 23.4.2002 there were some more incidents. Six incidents happened on that day.

(i) Between 12.30 hours and 14.00 hours, a mob of about 1500 to 2000 Muslims armed

with weapons like Dharia, Gupti, sticks, iron pipes, etc. gathered between Juhapura

Octoi Booth and Hotel Telephone on the highway to retaliate against Hindus beating

for a Muslim auto-rickshaw driver. They stopped trucks and other vehicles and started

beating occupants of the vehicles. When the police learnt about it, they went there and

18

lobbed 5 long range teargas shells. The miscreants ran away from the place but in the

meanwhile several persons were injured by the mob. P.S.I. Bariya of Vejalpur Police

Station lodged the F.I.R.(CR No.I-90/2002) against 1500 to 2000 unknown Muslims.

The police even after investigation could not find out the culprits, hence it closed the

case after obtaining „A‟ summary. Subsequently, the case has been re-opened and the

investigation is still going on.

(ii) Between 14.00 hours and 15.00 hours, near Guptanagar Bharwadvas, a mob of about

1000 Muslims armed with sticks, pipes, swords, knives and Gupti came on the 132‟

Ring Road and started pelting stones at Guptanagar, Bharwadnagar and the SRP

point. Police immediately reached there and warned the mob to disperse. At this very

time, a mob of around 1000 Hindus also armed with dangerous weapons appeared

there and both the mobs started pelting stones and other missiles at each other. The

mobs hurled burning rags, acid filled bulbs and hand made bombs at the police as

well. Senior police officers also rushed to the place. The police lobbed teargas shells

and thereafter fired some rounds from their service weapons. The mobs dispersed.

Two persons were apprehended by the police on the spot. One Asif Alambhai Parmar

was having a sword and Firoz Abdul Aziz Shaikh was having a knife. P.S.I. B.R. Patel

of Jivraj Police Chowky lodged the F.I.R. (CR No.I-91/2002). The police prosecuted

the persons who were apprehended on the spot, by filing charge sheet on 17th

August,

2002. The case against them is pending in the Court.

(iii) Between 11.30 hours and 17.30 hours small, scattered mobs of Hindus, on the road

between Vasna-Anjali Crossroads and Vasna Octroi Booth, stopped some vehicles.

Another mob of about 150 to 200 Hindus stoned a bus of the Ahmedabad Municipal

Transport Service. Police while patrolling arrived there and warned the mob to

disperse but the mob continued to pelt stones. The police lobbed 5 hand-granades and

thereafter the mob dispersed. 5 persons including the driver of the bus Kamaluddin

Badaruddin Shaikh and conductor Abdulbhai Ahmedbhai received injuries. Near

Vasna Circle the mob burnt two auto-rickshaws and belaboured the drivers. The police

went there also and warned the miscreants to let go the drivers and disperse otherwise

it would take stern action. Since the mob did not pay any heed to the warning the

police fired two rounds from .303 rifle. The miscreants thereafter ran away. One

person named Hasmukh Budhalal Chunara was apprehended on the spot with gupti.

P.S.I. N.D. Solanki of Vasna Police Chowky lodged the F.I.R. (CR No.I-92/2002).

19

During investigation the police arrested 4 persons and prosecuted them, however the

Court acquitted them.

(iv) Around 17.00 hours and 18.00 hours, near Al Amik Park and Sanjari Park, Juhapura a

mob of about 1500 to 2000 Muslims armed with dangerous weapons like dharia,

swords, iron pipes, sticks, and spears rushed towards Shantinagar flat and started

stoning it heavily. The miscreants also hurled burning rags, acid filled bulbs and hand

made bombs. The police immediately reached the place and warned the mob to

disperse but the miscreants continued the attack. The police, therefore, lobbed teargas

shells and fired four rounds from their service weapons. Police apprehended one

person on the spot with country made bomb. Some of the other miscreants were also

identified by the police. P.S.I. M.D. Chaudhari of Vejalpur Police Station lodged the

F.I.R. (CR No.I-93/2002) at 19.00 hours. During the investigation, police arrested 8

persons and filed charge sheet against them. The case against them is pending in the

Court.

(v) PSI M.D. Chaudhari of Surveillance squad was patrolling the area under Vejalpur

Police Chowky with policemen of the squad. At about 20.30 hours when he came near

Jivrajpark Police chowky on 132 ft. Ring road, a mob of about 5000 Muslims came

from Juhapura, Shardi, Ashrafnagar and Ronak Park residential societies. They were

armed with weapons like swords, guptis, sticks and pipes. They rushed towards SRP

police point on Eastern side of the road and they started pelting stones at the police

point as well as Bharwadvas Locality. They also threw burning rags, acid filled bulbs

and hand made bombs. At that time with SRP, local police was also present. In

addition thereto the Deputy Police Commissioner, Zone-I S.M. Katara with his

striking force and Senior PI of Vejalpur Police Station J.A. Upadhyay with his striking

force came there. Police warned the mob to disperse but it continued to attack the

police as well as Hindu locality. At that time a mob of about 5000 Hindus also

appeared there armed with dangerous weapons and both the mobs started attacking

each other by throwing stones, burning rags, acid filled bulbs and hand made bombs.

Police took action by lobbing various types of shells and thereafter also resorted to

opening fire. Despite this, mobs continued the attack on each other as well as police.

Additional Police Commissioner, Keshavkumar with his striking force and other

policemen arrived there to help police already there. They also lobbed teargas shells of

various types and opened fire. With great difficulty the police managed to disperse the

20

mobs. In the incident several policemen received injuries. In the process of bringing

the situation under control over and above lobbing different kinds of shells, police

fired 31 rounds from 303 rifle and 13 rounds from .410 musket. P.S.I. M.D. Chaudhari

lodged the F.I.R. (CR No.94/2002). Seven persons were arrested but they were

acquitted by the Court by giving benefit of doubt.

(vi) At about 20.00 hours, a mob of 1000 Muslims armed with sticks, pipe, swords, guptis

and spears rushed towards Shivnagar point and residential societies of Hindus and

started throwing stones, burning rags, acid filled bulbs, rocket bombs and hand made

bombs on the police as well as houses of the society. In retaliation mob of about 1000

Hindus armed with dangerous weapons came there and both the mobs started

attacking each other by throwing burning rags, stones, acid filled bulbs, rocket bombs

etc. PI V.M. Barot and other policemen were present there, they warned the mobs to

disperse but the mobs did not disperse and continued the attack. Police therefore

lobbed various types of shells and also open fire. To bring the situation under control

as many as 90 rounds were fired. Mobs dispersed. Surendrasinh Khumansinh Vaghela,

Unarmed Head Constable of Vejalpur Police Station lodged the F.I.R. (CR No.I-

95/2002). During investigation the police arrested four persons and filed charge sheet

against them. The case against them is pending in the Court.

36. On 24.4.2002, between 13.30 hours and 15.30 hours, on 132‟ Ring Road near

Guptanagar Bharwad Vas a mob of around 2000 Muslims armed with dangerous weapons like

dhariyas, sticks, iron pipes, swords, Gupti and spears pelted stones and hurled burning rags,

rocket bombs, hand made bombs, acid filled bulbs etc. at the police and Hindu localities. To

counter the attack, a mob Hindus of around 2000 persons armed with dangerous weapons

rushed to 132‟ Ring Road. Both the crowds attacked each other with stones and burning rags

etc. Police lobbed teargas shells. It also lobbed 6 hand grenades and 11 electric shells.

However, since the situation did not come under control, it fired 7 rounds from their service

weapons. Two persons viz. Prahlad Bagdaji Marvadi and Jitendra Premji Khetadia were

apprehended on the spot. SRP P.S.I. Dharampal Naransinh Yadav lodged the F.I.R. (CR No.I-

96/2002). Police submitted charge sheet against them. Their trial is pending.

37. Nasaruddin Abdul Karim Saiyed lodged the F.I.R. (CR No.I-104/2002) on 4.5.2002

stating that between 10.00 hours of 25.4.2002 and 8.00 a.m. of 28.4.2002 some miscreants

entered his rooms in Guptanagar Bharwad Vas which were being used as godown and as

residence by his servants and burnt the goods lying therein and set the rooms on fire. They

21

also committed theft in the neighbouring residential premises of 8 Muslims. During the

investigation police arrested one person named Ashokbhai Ishwarbhai Dantani and submitted

charge sheet against him. The case is pending in the Court.

38. Again on 26.4.2002 four incidents happened.

(i) Between 3.00 hours and 7.30 hours a mob of around 2000 Muslims gathered on 132‟

ring road near Guptanagar Bharwad Vas. They were armed with dangerous weapons

like sword, dhariya, Gupti, spears, iron pipes, sticks etc. They started pelting stones

and hurling burning rage, rocket bombs, hand made bombs and acid filled bulbs on the

SRP police Chowky and the Hindu localities of Guptanagar Bharwad Vas. So a Hindu

mob of the same strength came there with dangerous weapons and both the mobs

started hurling burning rags, stones, acid filled bulbs at each other as well as at the

police. Despite warnings, the mobs did not disperse hence police resorted to lobbing

teargas shells and then opening fire. In this incident there was also firing from private

weapon. One person Asif Aslamkhan Pathan received serious injury in police firing

and died during the treatment whereas one person named Alpesh Natubhai Makwana

received injury by private firing. Some shops and houses were damaged. K.J. Soni,

P.I. of Vejalpur Police Station lodged the F.I.R (CR No.I-97/2002). Police arrested

four persons and filed charge sheet against them. The case against them is pending in

the Court.

(ii) Around 2.30 hours, a mob of approximately 500 Muslims armed with dangerous

weapons rushed towards Bharwad Vas on 132‟ ring road and hurled a hand made

bomb on the house of Bachubhai Chhaganbhai. Several persons sitting there received

injuries. The mob also pelted stones and threw burning rags on other houses and the

police. There was firing from a private weapon. Bachubhai Chhaganbhai lodged the

F.I.R. (CR No.98/2002) against unknown persons. Since the police was unable to find

out the culprits even after investigation, it closed the case after obtaining „A‟

summary. Subsequently, the case has been re-opened and the investigation is still

going on.

(iii) At about 8.00 hours, a mob of around 60 to 70 Hindus armed with dangerous weapons

like knife and iron pipes stopped rickshaw of Abdul Kadar Ahmed Miya near Vasna

Pravin Nagar AMTS Bus Stand. They thereafter broke wind screen of the rickshaw

and attacked the passengers. The passengers were Muslims. They were caused injuries

with knife and stones. Meanwhile police arrived there and the mob ran away. Police

22

removed the injured into V.S. Hospital. Informant Abdul Kadar Ahmed Miya lodged

the F.I.R. (CR No.I-99/2002) against unknown persons. Since the police was unable to

ascertain the identity of the assailants even after investigation, it obtained A summary

and closed the case. Subsequently, the case has been re-opened and the investigation is

still going on.

(iv) Around 16.30 hours to 16.45 hours residents of Shantinagar Flats informed the police

that there was firing from a place between Sanjari Park Society and Dinuri Park Row

House by three persons who were clad in black clothes. They were carrying long

barreled fire arms. The police reached there and called them but those persons fired

shots at the police as well as residents of the flat. The police lobbed 5 hand grenade

shells and then fired 4 rounds from 303 rifle and one round from .410 musket. The

miscreants ran away from the place. PSI M.D. Chaudhary, lodged the F.I.R. (CR No.I-

100/2002) against 3 unknown persons dressed in black clothes. However, their identity

could not be ascertained even after investigation. Hence police obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is

still going on.

39. On 7.5.2002 three incidents happened.

(i) Around 11.30 hours senior PI J.A. Upadhyay of Vejalpur Police Station learnt that on

Juhapura highway road many mobs of Muslims had gathered in view of a person

residing in Juhapura, an employee of ITI was burnt alive earlier. These mobs were

stopping vehicles on the road and beating their drivers. He with his men went there. At

that time other policemen including Vejalpur PI Soni and Assistant Commissioner of

Police Vachchhani and Dy. Police Commissioner of Zone-1 Katara also came with

their squads. Mobs had gathered on both the sides of the roads and they were attacking

the vehicles as well as police with stones, acid filled bulbs and petrol bombs. Police

therefore, lobbed teargas shells after giving warning to disperse but the mobs

continued attack. There was private firing and to counter that police opened fire from

revolver, 303 rifle and .410 muskets. One person riding the camel cart named

Babubhai Dharmaji Marwadi was killed by the mob near Jeff Dairy and one garage

was set on fire. The incidents happened at different places on the road wherein

vehicles were attacked. With great difficulty the mobs could be dispersed. Several

policemen were injured and two persons viz. Mazharkhan Pathan and Mumtzir Kagdi

died in police firing. These incidents lasted till 13.00 hours. P.I. Upadhyay lodged the

23

F.I.R. (CR No.106/2002) against unknown persons. The police during investigation

arrested 12 persons and prosecuted them. They were acquitted by the Court.

(ii) Between 22.30 hours of 7.5.2002.and 5.00 hours of 8.5.2002 when the police was

patrolling the area some explosions were heard near Guptanagar Bharwad Vas, Devas

Flat and the surrounding residential societies of Hindus. Police went there and found

that the people had come out on road due to fear. At that time there was complete

darkness in the localities behind Madina Masjid of Juhapura. A mob of around 500

Muslims had assembled there. They were armed with dangerous weapons. Shortly

thereafter they approached Guptanagar Bharwad Vas and started hurling petrol bombs,

hand made bombs and rocket bombs towards SRP point as well as residences of

Hindus. The police lobbed 29 long range teargas shells, 4 hand-grenades and also fired

22 rounds from their service weapons. K.J. Soni, P.I. of Vejalpur Police Station lodged

the F.I.R. (CR No.I-107/2002) against unknown persons. Even after investigation the

police could not find the culprits and closed the case after obtaining „A‟ summary.

Subsequently, the case has been re-opened and the investigation is still going on.

(iii) Around 12.30 hours 3 to 4 unknown persons aged about 20 and 25 years pelted stones

at the rickshaw of Mohmed Ali Peermohmed Shaikh and broke its glass. He was also

hit on the head. He lodged the F.I.R. (CR No.I-115/2002) on 24.5.2002. Since the

police could not find the culprits even after investigation it obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

40. On 29.5.2002 in a bus of the AMTS one passenger noticed one unclaimed tiffin and

informed the conductor who hung it on a hook on the back side of the seat of the driver.

Around 10:20 hours when the bus was near Vasna AMTS Bus Stand, the bomb placed in the

tiffin exploeded causing damage to the bus. No passenger was injured. Sultansinh Ajitsinh

Raolji, conductor of the bus lodged the F.I.R. (CR No.I-116/2002). During investigation the

police arrested 21 persons and filed charge sheet against them as well as 4 others who were

declared absconders. Trial against them is pending in the Court.

41. During the relevant period in this area there were communal disturbances on 14 days

i.e. 2 days in February, 6 days in March, 4 days in April and 2 days in May, 2002. The

incidents started happening right from 27.2.02 and on that day one incident of arson

happened. On the next day i.e. 28.2.02 there were 10 incidents which included one incident of

attempt to commit murder, six incidents of arson, two incidents of rioting and one incident of

24

mischief. On 1.3.02 also the communal frenzy continued and there were as many as 8

incidents including one incident of murder, one incident of attempt to commit murder and

four incidents of arson. On 3.3.02 and 4.3.02 there was one incident on each day. Those two

incidents were of arson and attempt to commit murder. For 20 days thereafter the area

remained quiet but on 24.3.02 there were 3 incidents and one of them was incident of murder.

For a week thereafter nothing happened, but on 31.3.02 there was one incident of attempt to

commit murder. For next 8 days the area remained quiet but on 9.4.02 there was a solitary

incident of mischief and then on 15.4.02 also there was only one incident and that was of an

attempt to commit murder. There was no incident for one week thereafter but on 23.4.02 six

incidents happened. They were of attempt to commit murder, arson, etc. On 26.4.02 also there

were 4 incidents and all were of physical assault. On 7.5.02 there were 3 incidents which

included one incident of murder, one incident of rioting and one incident of causing damage

to property. Last incident happened on 29.5.2002. On that day in a bus tiffin bomb exploded.

42. After analyzing the aforesaid incidents, it transpires that in 21 incidents it was

involvement of Hindus alone whereas in 12 incidents it was involvement of Muslims alone. In

2 incidents Hindus were aggressors and the Muslim mob counter attacked, whereas in 7

incidents Muslims were the aggressors and the Hindus counter-attacked, in one incident mobs

of both the communities attacked each other.

43. In these 43 incidents, police opened fire on 22 occasions and resorted to lathi-charge

and lobbing of tear gas shells in 26 incidents. Out of 43 offences, in 23 offences police could

arrest 176 accused. In all 11 persons lost their lives whereas 22 persons were injured. Out of

11 deaths 8 deaths were of Muslims whereas 3 deaths were of Hindus. One Hindu and 5

Muslims died in police firing whereas 2 Hindus and 3 Muslims died due to physical assault on

them. Police arrested 214 persons for committing breach of the curfew order and also rounded

up persons under different provisions of the Criminal Procedure Code and Indian Penal Code.

For detention of undesired elements, police registered 23 cases under section 107 of Cr.P.C.,

23 cases u/s. 151 of Cr.P.C., 42 cases u/s. 188 of Cr.P.C. and one case u/s. 109 of Cr.P.C. and

detained 214 persons during the relevant period.

44. There was substantial damage caused to the private and public properties. Due to

arson 197 residential houses of Muslims and 26 residential house of Hindus, 13 shops of

Hindus, 92 shops of Muslims and 3 vehicles of Muslims were either destroyed or damaged.

One Masjid was damaged. 19 houses of Muslim and 2 houses of Hindus and 24 shops of

Muslims and 16 vehicles of Hindu were looted. Further in these incidents, 11 houses of

25

Hindus and 127 houses of Muslims, 22 shops of Muslims and 3 vehicles of Muslim and one

Dargah and one Masjid were totally destroyed or partially damaged.

45. From the above stated facts it can be said that the area under the jurisdiction of

Vejalpur Police Station, during present communal riots also, was seriously affected and there

was considerable loss of life and property. It also discloses that the police by and large

performed its duty properly and despite happening of several serious incidents it could

effectively restrict damage to properties and physical harm to persons of this area despite the

fact that they also several times came under attack of the miscreants and suffered serious

injuries..

46. In these incidents, apart from lathi charge, police lobbed 934 S.R., 698 L.R., total

number of 1632 shells. Similarly, police fired 96 shots from revolver, 101 from 410 Musket,

411 from .303 rifle, 9 from carbine and 3 from SLR, total number of 620 rounds. In the area

under this Police Station, curfew was imposed on 28th

February, 2002 from 4.15 hours and it

remained in force by order of the Commissioner of Police for almost 3 whole days. Thereafter

there was intermittent relaxation or complete lifting of it either for ladies and children or for

all as per the requirement of the situation. This continued till 18th

June, 2002. Thereafter it

was not reimposed.

47. As regards the deployment of other forces is concerned at that time 5-1/2 sections of

SRP were permanently deployed amongst all the sensitive points. 1/2 section was added on

4.3.2002 and another half section on 21.5.2002. 3 Sections of CISF were deployed from

28.2.2002 till 18.5.2002. There was deployment of 3 more sections for three days i.e. from

26.4.2002 upto 28.4.2002. The deployment of 9 sections of BSF was from 1.3.2002 to

25.4.2002 and thereafter on 5.5.2002 and lastly from 11.5.2002 to 31.5.2002. Apart from it,

there was deployment of CRPF, RAF and Army also. 3 sections of CRPF were deployed on

15.4.2002 and 16.4.2002, 9 sections on 17.4.2002 and 18.4.2002, 3 Sections from 27.4.2002

upto 31.5.2002 and in between there was addition of 9 Sections from 10.5.2002 to 12.5.2002

and thereafter between 16.5.2002 to 31.5.2002. There was further addition of 3 Sections

between 19.5.2002 and 21.5.2002. So far as the RAF is concerned one company was deployed

on 22.3.2002 and 23.3.2002. Thereafter one Platoon was deployed from 1.4.2002 and it was

there upto 4.4.2002. Again one Company of RAF was deployed on 22.4.2002. One Column of

Army was deployed on 1.3.2002. It was withdrawn on 10.3.2002 but it was again deployed as

per the requirement in this area from 15.3.2002 onwards.

26

48. Police Inspector N.S. Joshi in his affidavit has also stated about the curfew and the

incidents and the extent of area affected by the disturbances. His affidavit states about the

action taken and the rescue operation carried out by the police during the disturbances. He

was in charge of Vejalpur Police Station till 31st March, 2002 and according to him between

27th

February, 2002 and 31st March, 2002, 24 offences were registered in this Police Station,

78 persons were arrested and prosecuted for various offences.

49. After Mr. Joshi, J.A. Upadhyay was in charge of Vejalpur Police Station and he has

also filed an affidavit. In his affidavit, he has referred to certain incidents and narrated the

steps taken by the police to establish normalcy.

50. DSP, S.M. Katara, Zone-1, Ahmedabad city has filed his affidavit which is at

Exh.5046. He was appointed as DCP in charge of Zone-I with effect from 10th

April, 2002.

Prior to him V.M. Pargi was DCP in charge of Zone-I, but he has not filed any affidavit. Mr.

Katara, in his affidavit has given the strength of police force, sanctioned as well as present for

the entire zone-I as on 10.4.2002. He has also narrated the steps taken for maintaining

bandobast by the police officers of this police station after the news of Godhra train incident

was received. He has then referred to some of the incidents which have been described by us

in brief above. He has stated that between 10.4.1002 and 30.4.2002 while he discharged the

duty as DCP in Zone-I, 16 offences relating to communal incidents were registered and 41

persons were arrested, 15 were arrested for committing breach of curfew and 27 persons were

detained by way of preventive detention. Police had fired 24 rounds and had lobbed 670 shells

for bringing the situation under control at various places on different dates.

51. P.N. Barot, ACP has filed affidavit dt.1.7.2002. He was in charge of Zone-II but since

Mr. J.K. Chavda, ACP retired on 31.1.2002, he was also given charge of Zone-I and he held

the charge till 23.4.2002. He has also referred to the strength of the police, some communal

incidents and police station-wise figures of the incidents that happened till then and the

culprits who were arrested in connection with these incidents. No other police officer

connected with this Police Station has filed any affidavit.

52. Apart from this, in pursuance of first notification 84 persons, private citizens, all

Hindus, have filed their affidavits relating to the incidents which had taken place in the area

under this Police Station. In these affidavits they have mainly made grievances alleging illegal

occupation of lands by the members of Muslim community who have been described by them

as fanatics and have also alleged that they cause tremendous terror in the society especially

27

during the communal disturbances and have expressed the desire that Government should take

steps to restore the lands to original owners.

53. Further in pursuance of notification dt.5.8.2004, 501 affidavits have been filed. These

affidavits mainly relate to compensation, rehabilitation, etc. It is not necessary to refer to all

the affidavits here, but we may narrate the contents of some affidavits which may give idea

regarding demand or grievance made by the deponents.

54. Liyakatali Shaukatali Saiyed has filed an affidavit dt.11.2.2002 (serial No.29803). In

this affidavit he has made a grievance that the actual loss suffered by him was Rs.1,30,000/-

but he had received only Rs.2,000/- to Rs.2,500/- from the Government. He has therefore,

requested the Commission to take appropriate action and do the justice.

55. Atikahmed Abdulajij Ansari has filed an affidavit dt.9.11.2004 ( No.12920). He has

made grievance that he was neither rehabilitated nor any adequate monetary help was given to

him.

56. Mohmed Jahir Abdulrahim Patani has filed affidavit stating that he has suffered loss of

Rs.50,000/- but the same has been wrongly shown as Rs.30,000/-. His affidavit is at serial

No.21929.

57. Nasiruddin Jafarbhai Mansuri has filed affidavit dt.20.9.2006 stating that according to

the police panchnama the loss suffered by him is Rs.1,67,000/- but actual loss is Rs.2 lakhs

which he has not received from the Government.

58. The above deponents have also made grievance regarding their rehabilitation. The

other affidavits are on the same line.

59. 21 persons have given evidence before the Commission. The witnesses belong to both

the communities. There are six Hindu witnesses and 15 Muslim witnesses. All the witnesses,

except one, have appreciated the role of the police and have described in what manner they

were saved by the police. Their version has not been questioned by any party.

60. Witness No.368 Saiyed Ali Gulamnabi Saiyed, Ex.634 was a resident of Juhapura and

at the relevant time he was Councilor of Vejalpur Municipality. He has stated that on 28th

February, 2002, sizable mobs of both the communities confronted each other and as a Social

Worker and leader of Muslim community, he tried to persuade the mobs to abstain themselves

from riotous activities. He has stated that such confrontations took place repeatedly and the

mobs never paid any hid to what was told to them by the leaders of the society. The police,

however, upon receiving information about occurring of incidents immediately arrived at the

scene and dispersed the mobs. He has stated that on many occasions police rescued persons of

28

both the communities and escorted them to safe places. He has named certain police officers

in his evidence and has stated that they performed their duty impartially and in commendable

manner. He has stated that the incidents could have been more effectively dealt with, had

there been adequate police force in this police station. He has stated that in Juhapura locality

respectable persons of the Muslim community are staying and there are good schools having

English as well as Gujarati languages as medium of teaching. According to him, in most of

these schools, majority teachers are of Hindu community. His version with regard to the

performance of duty by the police, has not been controverted by any party. Similarly, other

witnesses have also spoken about the efficient performance of duty by the police and their

evidence has remained unchallenged.

61. Thus, the material before the Commission including the affidavits and the oral

evidence of the witnesses shows that the area under Vejalpur Police Station is not only large

but it has got 9 to 10 communally sensitive points. In these localities, apart from disturbed

times, even otherwise also, tension prevails and the people of both the communities live in the

shadow of distrust and insecurity. As stated earlier, there are certain points which are so

sensitive that permanent bandobast of police is maintained „round the clock‟. Inspite of the

odds against the police, they appear to have done their job efficiently and without any bias.

This was despite the fact that one policeman lost his life in a private firing. The material

further shows that in number of incidents, even the police was made a target by the mobs and

not only there was pelting of stones but the miscreants hurled missiles like burning rags,

petrol bombs, country made bombs, rocket shells and other explosive substances at them to

prevent them from performing their duty. From the material relating to this police station, it

does not transpire that the miscreants belonged to any particular religious or political

organization. The attacks against each other were by the agitated persons and there is no

evidence to indicate that they were at the instance of any leader of religious or political

organization.

ELLISBRIDGE POLICE STATION

62. Ellisbridge Police Station is under “A” Division Zone-1, Sector-1 of Ahmedabad city.

Population of the area under this police station is approximately 3,50,000. It is mainly

inhabited by Hindus. The population of Hindus is around 3 lakh whereas the population of

29

Muslims is about 30,000. Fairly large section of population consists of elite and educated

class. There are certain localities which are mixed localities and they are sensitive from the

communal point of view. It has three police chowkies viz. (1) Paldi Police Chowky, (2)

Fatehpura Police Chowky and (3) Chhadawad Police Chowky. In the month of February,

2002 the sanctioned police strength of this Police Station was 2-Police Inspectors, 14-Police

Sub Inspectors, 42-A.S.I./Head Constable, 130-Police Constables, 1-Woman Head Constable

and 2-Woman Police Constables. The available strength was 2-Police Inspectors, 7-Police

Sub Inspectors, 37- Head Constable, 119-Police Constables and 1-Woman Head Constable.

63. Shri Jayantilal K. Vachhani, Asst. Police Commissioner, C Division, then Senior

Police Inspector in charge of this Police Station has filed an affidavit Exh.5042 before this

Commission. In it he has stated that in view of the bandh call given by VHP on 28.7.2002 he

had instructed the P.S.I.s to requisition the vehicles and had requested the Control Room to

provide extra SRP men to maintain law and order in his area. From the police force available

with him he had deployed men at minority pockets and organized bandobast in communally

sensitive areas. As per Commissioner‟s instructions „Stand to‟ orders were issued in the

morning. Steps were taken to avert communal violence. According to him, due to continuous

patrolling the miscreants did not get chance to create trouble in the morning but in the

afternoon small groups were formed and then simultaneously destructed properties of

minority in different areas. He has further stated that during the period between 27th

February,

2002 and 31st May, 2002 16 offences were registered with this Police station. Out of them,

eleven incidents occurred on 27th

and 28th

February, 2002 and rest of them occurred between

1st March, 2002 and 26

th April, 2002. Table giving date-wise occurrence of offences is given

below.

Date I. C.R. No. Total

Incidents 27/02/2002 112/02, 113/02, 114/02, 116/02 4

28/02/2002 117/02, 118/02, 119/02, 120/02, 121/02, 122/02, 130/02 7

01/03/2002 123/02, 124/02 2

24/03/2002 148/02 1

11/04/2002 175/02 1

26/04/2002 213/02 1

Total :- 16

64. Four incidents happened on 27

th February, 2002.

(i) At about 19.10 hours, a mob of 100 to 150 persons stopped one bus of Gujarat State

Road Transport Corporation near Rajnagar Cross Roads and broke its wind screen and

30

window panes. All the passengers were forced to get down and vacate the bus. Driver

of the bus Vijaykumar Bhogilal Jani lodged the F.I.R. (CR No.112/2002). As identity

of the culprits could not be ascertained during the investigation, the police closed the

case after obtaining A summary.

(ii) At about 19.35 hours a mob of 50 to 60 persons armed with sticks and pipes and other

weapons went to the residence of Mohmed Faruq Ismailbhai Shaikh in Adinath

Apartment, near Chitrakut society, Rajnagar cross road, Paldi, they burnt his motor car

and also a motor bike. At that time Ismail Gulmohmedbhai Memon who resided in a

flat on the first floor of Adinath Apartment was returning home, the mob chased him

and he ran away. Mohmed Faruk lodged the F.I.R. (CR No.113/2002). Though he

stated in the FIR that he would be able to identify the culprits, even after investigation

neither he nor the police could identify the accused. Hence police requested for A

summary and closed the case.

(iii) At about 20.30 hours a mob of about 20 to 25 Hindus, near Badshah Dairy,

Mahalaxmi Five Roads assaulted a person having a beard with a baseball bat and

cricket stump. He was taken to be a Muslim. He received serious injuries but he saved

himself by running away and taking shelter near one bungalow. One police jeep was

stopped by some persons who had seen the injured. The police got him admitted in the

hospital. The assailants were not known to him and therefore, he could not name them.

Police registered the offence (CR No.114/2002) against 20 to 25 unknown persons.

Later on two persons were charge-sheeted for the incident on 20th

August, 2002. The

case is still pending against them.

(iv) At about 20.15 hours, Ibrahim Valibhai who had a hand lorry for selling egg

preparations was assaulted by a mob of 15 persons who were armed with sticks and

iron pipes. He fell down and became unconscious. He was helped by his customer

who sent him in auto-rickshaw to the V.S. Hospital for treatment. The incident

occurred near Law Garden. Ibrahim Valibhai lodged the F.I.R. on the next day (CR

No.116/2002). During the investigation police arrested two persons but later on

submitted the charge sheet against three persons. Trial is pending against them.

65. On 28th

February, 2002 seven incidents happened.

(i) Around 15.15 hours near Ravindranath Tagor Society, Narayannagar Road, Paldi, one

incident took place in which certain persons residing in Delite Flat had to go on the

terrace of the building to save themselves. The shops situated on the ground floor were

31

set on fire. There was private firing in which Ashokbhai Hiralal Arya received a bullet

injury on his head. He was taken to the hospital, but he died during treatment. Another

person named Prashant Omshekharan Nair also received an injury by fire arm. He also

died due to the injury. Hitesh Vinodbhai Mehta lodged F.I.R. at 6.45 p.m. and the

offence was registered (CR No.117/2002). Dr, Yunush Mohmed Usman Bhavnagari

and three others were arrested and prosecuted. Dr. Bhavnagari has given his evidence

before the Commission as Witness No.352 (Exh.616) and stated that since the building

was surrounded by a mob of 4000 to 5000 Hindus and the crowd was attacking the

inmates of the Delite Flat and since no police help had arrived for about three hours in

self defence he had fired shots. The police after investigation for want of sufficient

evidence released him by exercising power u/s. 169 of Code of Criminal Procedure

and sought „C‟ summary.

(ii) At about 16.30 hours a mob of 1000 to 1500 persons pelted stones at Corner Flat

situated in Paldi. Maminbhai Mohmed Ali was hit by stones on the head and shoulder.

He was taken to V.S. Hospital in a tractor. He lodged the F.I.R. (CR No.118/2002) on

the same night. The police arrested 5 persons of Hindu community and charge sheeted

them. Their trial is pending.

(iii) Around 13.30 hours a mob of 2500 to 3000 Hindus set ablaze Hotel Hensing owned

by Abbasbhai, Hotel Aaram owened by Abidali Anjimbhai Garadia, office of Gandhi

Tours and Travels owned by Shabbirbhai Haji Ibrahimbhai, Carpet Restaurant owned

by Nasirrudin Jahanbax Shaikh and one Tagore Cycle Shop owned by Ayyubbhai

Ganibhai. Police while patrolling in Paldi Police Chowky area saw the mob. It lobbed

teargas shells. Fire Brigade was called and the fire of Hotel Hensing was extinguished.

Therein one person named Manojkumar Harikumar Tambi was found dead, totally in

charred condition. The offence was registered at CR No.119/2002. 7 persons

belonging to Hindu community were arrested and charge sheet against them was

submitted on 23rd

June, 2002. Supplementary charge sheet was submitted on 17th

October, 2004. The Court acquitted them.

(iv) Between 12.00 hours and 20.00 hours, 30 to 40 supporters of Hindu Maha Sabha, in

response to the Bandh call of 28th

, set on fire certain shops, restaurants, laundries,

bakery, etc. in the areas near Chhadawad Police Chowky, Politechnic, Nehrunagar,

Old Sharda Mandir, Ambawadi, Nagari Hospital, etc. At some places the police

reached while the incident was going on and took action by lobbing teargas shells.

32

P.S.I. A.N. Raol of Ellisbridge Police Station lodged the F.I.R. (CR No.120/2002).

The police arrested 11 persons of Hindu community and charge sheeted them. Their

trial is pending in Court.

(v) Between 12.00 noon and 21.30 hours, a mob of 400 to 500 Hindus caused destruction

of shops and a religious place called Madni Masjid. P.K. Chauhan, P.S.I. who was on

duty there fired 5 rounds from his service revolver and Armed Constables fired 5

rounds from .303 Rifle and 5 rounds from .410 Musket and dispersed the mob. The

offence was registered at CR No.121/2002. Charge sheet was submitted against 7

persons. The trial against them is pending in Court.

(vi) Between 12.00 noon and 21.00 hours, a mob of about 25 to 30 supporters of Hindu

Maha Sabha of Paldi area caused damage to shops, hotels, restaurants and vehicles and

set fire to some of them in the areas between Mahalaxmi Five Roads and Paldi Cross

Roads and between Paldi Cross Roads and Ellisbridge. Police noticing the fire

informed the Fire Brigade and at some places took action by lobbing teargas shells.

P.S.I. P.S. Parmar of Ellisbridge Police Station lodged the F.I.R. (CR No.122/2002).

The police arrested 17 persons but ultimately submitted charge sheet against 16

persons. Their trial is pending in Court.

(vii) At about 11.00 hours some miscreants damaged the house of Rajubhai Ramji Naiya

and burnt the cot and mattresses placed in it while he was at Mumbai. When he

returned on 2nd

March, 2002, his daughter informed him about the incident. He lodged

the F.I.R. (CR No.130/2002) on 8.3.2002. Eight persons of Muslim community were

arrested and prosecuted. Trial against them is pending in Court.

66. On 1st March, 2002 two incidents happened.

(i) At about 14.30 hours a mob of about 60 to 70 supporters of Vishwa Hindu Parisad

attacked hotel named A.P. Kurion which belonged to a Muslim and set on fire the

furniture, air conditioner, fans, etc. and also broke window panes and other glass

articles. On receiving information, police went to that place and apprehended two

persons on the spot. Vinay Manum Nayak, Manager of the said hotel lodged the F.I.R.

(CR No.123/2002). The culprits were charge sheeted on 13th

August, 2002. Trial

against them is pending.

(ii) On the same day at about 21.15 hours, a mob of about 250 persons set on fire Park

Land Building in Kochrab near Paldi as it was mainly inhabited by Muslims. The

police on receipt of information reached the spot and summoned Fire Brigade which

33

extinguished the fire. A mob was seen pelting stones towards Muslim Localities.

Police lobbed 2 hand grenade shells and dispersed the mob. J.J. Patel, Police Inspector

of Ellisbridge Police Station lodged the F.I.R. (CR No.124/2002). The police

apprehended 7 persons and charge sheeted them. The Court acquitted them.

67. On 24th

March, 2002 at about 8.48 hours, some policemen noticed fire in a shop

named Mayur Automobiles. On inquiry, it was found that some one had created a hole in the

rear wall and had ignited the fire. No person responsible for the act was found there. Head

Constable Ibrahimkhan Isabkhan Pathan lodged the F.I.R. (CR No.148/2002). Later, during

the investigation, two persons of Hindu community were arrested and charge sheeted. Trial

against them is pending in Court.

68. On 14th

April, 2002 at about 21.30 hours, the police while patrolling area near Corner

Flat‟s cross Roads, noticed a mobile van of Ellisbridge Police Station and the fire fighter

trying to extinguish the fire in a shop of mattresses and rugs situated in Atmadeep Apartment

and also in the adjoining shops. On inquiry, it was found that the shop named Bharat Cotton

Works belonged to a Muslim named Salimbhai Noormohmed and therefore, it was set on fire.

S.P. Parmar PSI lodged the F.I.R. (CR No.175/2002). The police arrested 3 persons and

prosecuted them by filing charge sheet. Trial against them is pending in Court.

69. On 26th

April, 2002 around 2.30 hours Chaman Bababhai Solanki who was sleeping

outside his house near Gita Bharati Ahram, noticed fire in his house. He tried to put out the

fire but in the meanwhile on receiving information fire brigade arrived there and extinguished

it. He lodged the F.I.R. (CR No.213/2002). One person named Jakirhusein Yasminmiya was

arrested and prosecuted by the police. Trial against him is pending in Court.

70. In Ellisbridge area which is otherwise considered to be quiet and safe, incidents started

happening from the very first day i.e. 27th

February, 2002 and between 27th

February, 2002

and 31st May, 2002 in all six days were affected by the communal disturbances. In four

incidents which happened on 27th

, three incidents were of mischief i.e. causing damage to the

property and one incident was of an attempt to commit murder. On 28.2.2002 there were 7

incidents which included two incidents of causing death and one incident of causing grievous

heart and four incidents of causing damage to properties. On 3rd

day i.e. 1.3.02 also there were

two incidents and these incidents were of causing damage to property. Thereafter on 24.3.02,

11.4.02 and 26.4.02 there was one incident on each day and each incident was of causing

damage to property. Thus, out of total 16 incidents there were 12 incidents of causing damage

to the property, one incident was of attempt to cause death, two incidents of causing death and

34

one incident of causing grievous hurt. 10 incidents happened during day time and six during

night. Five incidents related to physical violence whereas eleven incidents related to offences

against property.

71. Analysis of the aforesaid incidents show that in 3 incidents miscreants had cuased

damage to public and private properties to express their support to the Bandh call given by the

Vishwa Hindu Parishad. In 10 incidents Hindus were the aggressors and they caused damage

to the properties of Muslims or caused physical assaults on them, in 2 incidents members

Muslim community were aggressors, in one incident the residential apartment of Muslims was

attacked by a mob of Hindus and there was private firing from the side of Muslims causing

death of two persons.

72. In these incidents damage was caused to private and public properties. Due to fire two

residential houses of Muslims, one residential house of Hindu, 28 shops of Muslims, 8 shops

of Hindus and 8 vehicles of Muslims were either destroyed or damaged. One shop of Muslim

was looted. Moreover, 2 houses of Muslims andone house of Hindu, 3 shops of Muslims and

15 vehicles of Muslim were totally destroyed or partially damaged. One dargah and one

masjid were also damaged.

73. Apart from loss to the properties, 3 persons lost their lives. They were Hindus. They

died in the incidents of riot and arson. 2 persons died in private firing and one died of burns

due to fire in a restaurant. In all 52 persons were injured. Out of criminal cases arising from

16 incidents, 11 cases are still pending and in 3 cases, viz. in cases arising from CR

No.112/2002 and 113/2002, „A‟ Summary and in CR No.117/2002 „C‟ summary were

requested for by the police and granted by the Court. The police had detained 47 persons

under section 151 of Cr.P.C. and also filed Criminal cases against 55 Hindus and 8 Muslims

after carrying out combing in different areas.

74. Out of 16 incidents which happened in the area under Ellisbridge Police Station, in 7

incidents the police reached the place and took actions to bring the situation under control. In

these incidents police lobbed 33 tear gas shells and fired 31 rounds. There was also lathi

charge before lobbing shells and opening fire. In all 77 persons were arrested on the spot in

different incidents.

75. So far as deployment of forces other than the local police is concerned, there was 1-

1/2 section of SRP permanently deployed at the sensitive spots. During the riots from 1st

March, 2002 till 31st May, 2002, additional force of SRP was deployed in this area and the

maximum number of sections i.e. 7 sections were deployed between 25th

May, 2002 and 31st

35

May, 2002. Over and above this, one company of Rapid Action Force was deployed on 1st

May, 2002 for a day. The deployment of one column of Army was from 2nd

March, 2002 to

10th

March, 2002.

76. Two witnesses gave evidence regarding the incidents which occurred within the

jurisdiction of Ellisbridge Police Station. They are Bharatiben Dilipbhai Banker Witness

No.351 whose evidence is recorded at Exh.615 and Yunus Mohmed Usman Bhavnagari,

Witness No.352 whose evidence is recorded at Exh.616. Bharatiben has stated that some

incidents had happened in Paldi area after the Godhra train incident but her husband was not

involved in those incidents. However, he was arrested by the police at night while he was

sleeping at home. She complained that her husband was falsely involved by the police and he

had not been released till the date of her evidence. Dahyabhai Pitambarbhai Banker who

accompanied this witness, agreed with what has been stated by her.

77. Second witness Yunus Mohmed Usman Bhavnagari, Witness No.352 whose evidence

is recorded at Exh.616, has made serious grievances against the police by stating that his

house was surrounded by 4000 to 5000 persons belonging to Hindu community and the attack

continued for about 3 hours. Frantic efforts were made by him to secure the police help but no

help was received. He has also stated that the crowd was being instigated by Haren Pandya.

According to him, he had opened fire from his private licensed weapon in self defence. In

cross examination by the Government advocate, he has stated that in the F.I.R. as well as in

his statement recorded two months after the incident, he had not spoken about the presence of

Haren Pandya.

78. PI Vachhani in his affidavit (Exh.5042) has narrated certain incidents which had

happened between 27th

February, 2002 and 12.4.2002. He was promoted as Assistant Police

Commissioner with effect from 25.4.2002 and was placed in charge of „A‟ Division which

comprised Ellisbridge and Vejalpur Police Stations. In that capacity also he has filed affidavit

dated 30.9.2004 which has been received by the Commission on 1.10.2004. However, in that

affidavit he has stated nothing relating to Ellisbridge Police Station except that he had

organized proper bandobast and taken steps to prevent the riots.

79. Apart from this in pursuance of the first Notification 18 persons have filed affidavits.

Out of them 5 affidavits have been filed by Muslims and 13 affidavits have been filed by

Hindus.Yakubbhai Jamalbhai Shaikh has filed an affidavit Exh.1856. In it he has alleged that

the massacre of innocent Muslims has no parallel in the history and such massacre is not

possible without the support of State Government and police to the communal elements. He

36

has also stated about the mob causing damage to the eating place named Hotel Karnavati Inn

run by him, looting of the utensils, furniture, computer, TV etc. and ultimately burning the

premises by pouring petrol. He has named Bharatbhai Bharwad, persons of Vishwa Hindu

Parishad and Bhaiyaji who dealt in business of iron waste as the culprits. Alongwith his

affidavit he has also annexed documents which include copies of the FIR, panchnama, letters

addressed to the Commissioner of Police and other higher authorities in the Government.

80. Hifzur Rehman Abdullah Kadiwala has filed an affidavit at Exh.2671. He has deposed

that on 27.2.2002, in view of the bandh call given by the Vishwa Hindu Parishad and Bajrang

Dal with the support of BJP, at 4.00 p.m. he had requested the P.I., Shahpur Police Station to

provide him police protection and the PI had posted two policemen one armed with weapon

and the other with stick, at his Hotel Moti Manor. They remained there till 1.00 a.m. and then

they left. In the morning one policeman, with a stick returned at 7.00 a.m. A riotous mob

comprising 400 to 500 persons armed with weapons, gas cylinder, burning rags and petrol

bombs came to the hotel around 11:30 hours. They pelted stones and broke the exterior of the

hotel. In the meantime, PI Raval with his police staff came there in a mobile van but the mob

entered the hotel in the presence of the police and damaged the furniture stole the valuables

and also set the premises on fire. According to him, police had failed to protect his property.

81. Naimbhai Abdulbhai Patel in his affidavit (Exh.2672) has stated that on 28.2.2002 in

the afternoon a riotous mob attacked their residential society. Police was present but it

remained a silent spectator and in front of them the riotous mob pelted stones and threw

burning rags and thereafter it entered the society and attacked the inmates of the society. The

police instead of taking action against the mob lobbed teargas shells towards the society. He

named Vipul and his father residing in the adjoining society and Rinku who resided in

Ramvihar Society as persons in the mob. He has annexed copies of letters written by him to

various high officials including the President of India.

82. Pragneshbhai Bansilal Modi, in his affidavit Exh.3706, has stated that Muslim fanatics

had burnt shops on 28.2.2002 in the areas known as Kalupur Tower, Chakla and Saudagar Ni

Pol. He is a resident of Paldi which falls under Ellisbridge Police Station. He has made a

grievance that since 1985 the Muslim fanatics create trouble on small matters and indulge in

rioting causing damage to shops and properties of Hindus with a view to drive them away

from that area.

83. Kanubhai Ramjibhai, Natubhai Jethalal, Natubhai Becharbhai, Maheshbhai

Budhabhai, Ramanbhai Kalidas, Kantaben widow of Ravitbhai Bhikhabhai and Sunilbhai

37

Meljibhai, Rajubhai Ramjibhai are residents of hutments near Vadilal Crematorium and they

have spoken about the burning of their huts by 200 to 250 Muslims of Kagdiwad. According

to them, the Muslim fanatics of this area are Bangaladeshi and the Government should carry

out combing in their area.

84. Priteshbhai Vinodbhai and Rajeshbhai Jaswantlal have spoken about the incident of

28.2.2002 where there was firing from a private weapon from inside the Delite Flat.

According to them, Dr. Yusuf Bhavnagari was a good shooter and he had participated in

National Shooting Championship. They have stated that Dr. Bhavnagari and other Muslims

were shouting to kill Hindus (cut Hindus and kill them). He had fired shots from his weapon

and as a result thereof two Hindu youths viz. Ashok and Prashant had died. They have also

requested to carry out combing at the houses of anti social Muslim elements of that area.

85. Javed Nazirhusain Tezabwala in his affidavit (Exh.3753) has referred to the incident

of 2.3.2002 and stated that Babubhai Manubhai Leuva, Arjun, Gaurishanker and Ashok

Madrasi alongwith 30 to 40 persons had attacked his residence. They were armed with

dangerous weapons like sword, trident, dhariya and they also had petrol container and burning

rags. A shot was fired at his mother-in-law but she was saved. They approached the police but

the police refused to help them on the ground that the place of incident did not fall within

their jurisdiction. According to him, police was supporting the rioters and it had failed to

protect the Muslims. He has also annexed some documents to his affidavit.

86. After the second Notification dated 5.8.2004, 167 affidavits have been filed by the

private persons. Out of them 120 deponents have appreciated the work of the police and have

by and large stated that the police had discharged their duty sincerely, impartially and

efficiently. 47 deponents have deposed about the loss suffered by them and have claimed

compensation for such loss. Some of them have even requested for their rehabilitation and

have demanded justice for the harm done to them.

87. Analysis of the material produced before us relating to the aforesaid incidents, shows

that there is allegation that in some of the incidents, members of Hindu Maha Sabha and

Vishwa Hindu Parishad participated in rioting and looting shops but except this bare

statement there is no other fact stated in this material how these miscreants were identified to

be the members of Hindu Maha Sabha and Vishwa Hindu Parishad. So far as role played by

any political leader is concerned, Dr. Yunus Mohmed Bhavnagari, witness No.352, has stated

that the mob which attacked his residence was being instigated by Haren Pandya but this

allegation has been made at a belated stage because neither in the FIR nor in the statement

38

given by him two months thereafter, he had spoken about the presence of Haren Pandya in the

crowd and the alleged instigation of the croud. This allegation is belated therefore, in absence

of any other supporting material, cannot be taken on its face value. Two witnesses have

alleged inaction on the part of the police and their partisan attitude, however, the record shows

that out of 16 incidents in 7 incidents police had reached the place when the incidents were

still going on and it took action in these incidents to bring the situation under control by

making lathi charge, lobbing teargas shells and at some places even by opening fire and

actually brought the situation under control. Therefore, it is difficult to believe that in the

incidents where the police was present it remained inactive or it took partisan attitude.

SATELLITE POLICE STATION

88. Satellite Police Station is under “A” Division, Zone-1, Sector-I of Ahmedabad city. It

covers very large area. The area under its jurisdiction is approximately 40 sq.kms. and the

population is around 6 lacs. It is predominantly inhabited by Hindus. However, at the relevant

time, some residences of Muslims were also located in this area. Satellite area is

comparatively a recent development and now it has become one of the affluent areas of the

city. Muslims have shops, restaurants, laundries, etc. in the area.

89. At the relevant time the sanctioned strength of this Police Station was 2-Police

Inspectors, 12-Police Sub Inspectors, 57-ASI/Head Constables, 140-Police Constables, 1-

Woman Head Police Constable and 2-Woman Police Constables, but the available strength

was 2-Police Inspectors, 8-Police Sub Inspectors, 33-ASI/Head Constables, 139-Police

Constables, 4-Woman Head Police Constables. It had four police chowkies viz. (1) Jodhpur

Police Chowky, (2) Tagore Park Police Chowky, (3) Judges Bungalow Police Chowky and

(4) Thaltej Police Chowky. The area under this Police Station did not have any history of

communal riots.

90. Police Inspector, Prakashbhai Mohanlal Bhalia has filed his affidavit dated 28.6.2002

(Exh.4757). He has stated that in view of the Godhra train incident and the Gujarat Bandh call

given by the Vishwa Hindu Parishad on the next day police had taken usual precautionary

steps by arranging Bandobast and patrolling the area. He has stated that on 28th

February,

2002 in an unprecedented manner, mobs came out on the roads and started making vehicles

39

their targets by deflating tyres of public transport vehicles as well as private vehicles. The

mobs thereafter set on fire transport buses, shops, restaurants and also caused damage to

private vehicles. Private vehicles were attacked for the reason that the owners thereof had not

obeyed the Bandh call. The properties of Muslims, particularly restaurants and shops were

broken open, articles were plundered and premises were set on fire. Our record shows that

between 27th

February, 2002 and 31st May, 2002, 25 offences were registered, out of which

three offences were of physical violence whereas rest of them were of arson, looting and

damaging the properties i.e. mischief. 20 incidents happened during day time and 5 incidents

during night. Table giving date-wise occurrence of offences is given below.

Date I. C.R. No. Total

Incidents 27/02/2002 99/02, 101/02 2

28/02/2002 102/02,103/02, 104/02, 105/02, 106/02, 110/02, 112/02, 114/02, 119/02, 120/02,

150/02, 215/02, 217/02, 225/02

14

01/03/2002 108/02, 109/02, 118/02, 121/02 4

22/03/2002 132/02 1

29/03/2002 144/02 1

21/04/2002 170/02 1

08/05/2002 199/02 1

29/05/2002 244/02 1

Total :- 25

91. On 27th

February, 2002 two incidents happened..

(i) At about 19.45 hours a group of 8 to 10 miscreants stopped bus of Ahmedabad

Municipal Transport Service near Maruti Complex in Subhash Chowk and after

making the passengers, driver and the conductor get down from the bus set it on fire.

Driver Parasnath Umashanker Trivedi lodged the F.I.R. (CR No.99/2002). The

identity of the miscreants could not be known, hence, the police closed the case after

obtaining A summary. Subsequently, the case has been re-opened and the

investigation is still going on.

(ii) Around 22.30 hours to 22.45 hours, a mob of about 10 to 15 persons broke the lock of

shop named Sona Handloom and after opening the shutter, brought out mattresses,

pillows, etc. and burnt them. Police reached there on receiving the message but by

then damage was already done. P.S.I. J.S. Pandey of Surveillance Squad lodged the

F.I.R. (CR No.101/2002) on 28.2.2002. Identity of the miscreants could not be known

even after investigation. Hence, the police obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

40

92. On 28th

February, 2002 fourteen incidents happened.

(i) Around 23.30 hours a mob of about 300 to 400 persons set on fire eating house named

Tasty Restaurant near Judges‟ bungalows. About 8 to 10 persons from the mob

belaboured a news reporter and a cameraman as they were taking pictures. The mob

snatched gold chain and broke video cassette and camera of the Cameraman. Bhargav

Niranjan Parikh (Reportere) lodged the F.I.R. (CR No.102/2002) on 28.2.2002. During

investigation it transpired that 10 persons were rescued from the restaurant but three

persons, 2 Hindus viz. Venkatsinh Devda and Shankar Mena and one unknown who

had hidden themselves in the bathroom had died due to suffocation. Three persons of

Hindu community were arrested and prosecuted by the police. The court acquitted

them.

(ii) At about 08.00 hours, a mob of about 50 persons stopped one bus near Jodhpur Char

Rasta and deflated its tyres. Some persons from that mob were trying to stop other

vehicles. P.S.I. Bhalia reached there on receiving information about it. On seeing the

police the mob ran away. After some time near Satellite Char Rasta the mob set on fire

one shop. So PSI Bhalia went there. On seeing the police the mob ran way from that

place also. PSI Bhalia made arrangement for extinguishing the fire. He then went near

Shivranjani and by using force dispersed the mob which had set on fire one restaurant

and some shops. He then went to Jodhpur Char Rasta and dispersed the mob which

was trying to stop ST Bus and deflate its tyres. In respect of these incidents, he lodged

the F.I.R. (CR No.103/2002) against three named and other unknown persons. After

investigation police arrested three named persons and three other persons of Hindu

community and submitted charge sheet against them. Their trial is pending in Court.

(iii) Second PI P.D. Patil while patrolling the area under Satellite Police Station with his

staff, noticed a mob of 400 to 500 Hindus around 12.45 hours near Vastrapur Sun

Flower Restaurant, on seeing police, mob ran away. Police identified 3 persons from

the mob. Police informed the Fire Brigade. Around 13.10 hours he received message

that on Gurukul road Kabir Restaurant was set on fire. He went there and saw those 3

persons and other 400 to 500 persons with them causing damage to the restaurant and

setting it on fire. They ran away on seeing police. Police informed the Fire Brigade.

Around 13.40 hours on receiving message he went to Bhagyodaya Restaurant. It was

also set on fire. There also those 3 persons and other 400 to 500 persons caused

damage and set the restaurant on fire. They ran away on seeing police. Police

41

informed the Fire Brigade. PI Patil lodged the F.I.R. (CR No.104/2002) against those

3 persons who were identified by the police in the mob were arrested and prosecuted.

They have been acquitted by the Court.

(iv) At about 13.45 hours a mob of about 300 to 400 persons broke the shutter of Saheli

Restaurant near Sahajanand College, brought out its furniture and set it on fire.

Unarmed Police Constable Pratapsinh Triloksinh lodged the F.I.R. (CR No.105/2002)

on the same day in the evening. Since identity of the miscreants could not be

ascertained, the police obtained A summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(v) Around 22.15 hours a mob of about 40 to 50 persons broke shutter of a shop situated

near Jodhpur Cross Roads. The mob committed theft of the goods lying in it and also

broke the furniture. Owner of the shop Haresh Kishanchand Andani lodged the F.I.R.

(CR No.106/2002) against three named and other unknown persons. Police after

investigation, arrested 5 persons of Hindu community including two women. The

charge sheet against them was filed on 25th

June, 2002. After trial they have been

acquitted.

(vi) At about 16.00 hours a mob of about 400 persons broke the shutter of shop of

Mohmed Hanif Sakur Meman near Shreyas Railway crossing, brought out some goods

from it and set them on fire. Some goods were also stolen. He lodged the F.I.R. on 5th

March, 2002 (CR No.110/2002). Since the identity of the miscreants could not be

ascertained, the police obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(vii) Between 9.00 hours and 14.00 hours mobs of miscreants caused damage to some

shops and a restaurant situated on Premchandnagar road. Some shops situated near

Akash Tower and Amavasya circle were also damaged. The mobs also committed

theft of goods from these shops. Later the police carried out combing and from 13

persons of Hindu community stolen goods were found. P.I. P.M. Bhalia of Satellite

Police Station lodged the F.I.R. (CR No.112/2002) on 7th

March, 2002 as no owner

had come forward to lodge a complaint. Police filed charge sheet against those 13

persons. The Court acquitted the accused.

(viii) A mob of miscreants broke open shop of Nainishaben wife of Vihant Samsuddin

Munshi situated in Abhilasha Complex near Nehrunagar and damaged furniture and

stole the goods. She lodged FIR (I-CR/114/2002). Police despite investigation could

42

not find the culprits and hence obtained A summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(ix) A mob of about 200 to 300 persons entered shop of Usmangani Sabirbhai Shaikh and

brought out goods and set them on fire. He lodged the F.I.R. (CR No.119/2002) on

9.3.2002. Since the identity of miscreants could not be ascertained, the police obtained

„A‟ summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(x) A mob of around 200 persons broke shutter of the shop of Ismail Umar Ajmeri and

brought out some goods and set them on fire. It also committed theft of some goods.

He lodged the F.I.R. (CR No.120/2002) on 10.3.2002. Since identity of the miscreants

could not be ascertained even after investigation, the police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(xi) Between 11.00 a.m. and 12.00 noon, a mob of 400 to 500 persons caused damage to

the Beauty Parlour of Rozmin Mujahir Qureshi situated below Syama Mukherji

Bridge and set fire to the goods lying in the parlour. She lodged the F.I.R. (CR

No.150/2002) on the 31st March, 2002. Since identity of the miscreants could not be

ascertained, the police obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(xii) Between 11.00 hours and 12.00 noon, a mob of about 25 to 30 persons broke open

shop of Ramjanbhai Abdulbhai Ajmeri situated in Vastrapur and burnt mattresses.

Mob also entered his godown situated in Shiv Complex in Vastrapur and committed

theft of the goods. He lodged the F.I.R. (CR No.215/2002) on 16.5.2002. Since

identity of miscreants could not be ascertained, the police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(xiii) Between 11.00 hours and 12.00 noon, a mob of about 50 to 100 persons broke the

shutter of shop of Iqbalbhai Hajibhai Ajmeri situated near Shyamal Cross Road,

brought out goods and set them on fire. The miscreants also committed theft of some

goods. He lodged the F.I.R. (CR No.217/2002) on 17.5.2002. Since identity of

miscreants could not be ascertained, the police obtained „A‟ summary and closed the

case. Subsequently, the case has been re-opened and the investigation is still going on.

43

(xiv) Around 11.00 hours to 12.00 noon a mob of about 25 to 30 persons set on fire paddle

rickshaw of Usmangani Umarbhai Ajmeri in Satellite area. He lodged the F.I.R. (CR

No.225/2002) on 21.5.2002. Since identity of miscreants could not be ascertained, the

police obtained „A‟ summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

93. On 1st March, 2002 four incidents happened.

(i) A mob of about 700 to 800 Hindus entered the Handloom exhibition premises on the

University ground sometime before 4:28 P.M.. They caused damage to the goods lying

in stalls and also to some furniture. Police on receiving the information reached the

spot and lobbed teargas shells and rounded up 14 persons on the spot. P.I. P.D. Patil of

Satellite Police Station lodged the F.I.R. (CR No.108/2002). Police ultimately

submitted charge sheet against 16 persons, 15 Hindus and one Muslim. Trial is

pending against them in Court.

(ii) Around mid-night some miscreants entered the house of Varshaben Kantibhai situated

on Premchandnagar Road and caused damage to articles lying in it. In this incident,

the assailants and the victim belonged to the same community i.e. Hindu. It was

suspected that since sister of Varshaben was married to a Muslim, this incident had

occurred. She lodged the F.I.R. (CR No.109/2002). Police arrested one person and

submitted charge sheet against him. Trial is pending against him in Court.

(iii) At about 19.00 hours, a mob of about 700 persons broke the shutter of Mehbubbhai

Alibhai Ajmeri‟s shop situated in a society in Satellite area, brought out goods and set

them on fire. He lodged the F.I.R. (CR No.118/2002) on 9th

March, 2002. Since

identity of miscreants could not be ascertained, the police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(iv) At about 23.00 hours a mob of about 20 Hindu miscreants entered the house of

Samimbhai Saiyed near Shakamba Towers, opposite Sterling Hospital and caused

damage to the household articles and also stole some articles. Samimbha lodged the

F.I.R. (CR No.121/2002) on 11.3.2002 as he came to know about it on 10.3.2002. The

police arrested one person and filed a charge sheet against him. The Court acquitted

the accused.

94. On 22nd

March, 2002 at about 16.30 hours, while Tushar Virendra Shukla was going

on his bicycle towards Shyamal Char Rasta, two unknown persons approached him on motor

44

bike and caused an injury to him with a pointed weapon on his left hand. He lodged the F.I.R.

(CR No.132/2002). Since identity of the assailants could not be ascertained, the police

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

95. On 29th

March, 2002 at about 10.30 hours near Vastrapur Octroi Naka a mob of 40 to

50 Hindus attacked and set on fire a tempo containing meat and chicken for sale. The tempo

belonged to Salimkhan Pathan. Police received message and went there and put out the fire.

One person Vela Bhaga Bharwad was apprehended at the place of incident. Pi Bhaliya lodged

FIR (I-CR/144/2002). Police ultimately prosecuted 15 persons on completion of the

investigation. Trial against them is pending in Court.

96. On 21st April, 2002 at 10.00 hours 4 unknown persons went to the hut of Kana Titaria

Singara situated near Octroi Naka on 132‟ Ring road and set it on fire. They had burnt six

other huts also. He lodged the F.I.R. (CR No.170/2002). Since identity of miscreants could

not be ascertained, the police obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

97. On 8th

May, 2002 at 10.15 hours two unknown persons came on motor bike and

caused injury to Shailendrasinh Chhatrasinh Jadav on his hand, on right shoulder as well as on

wrist of right hand with pointed weapons while he was standing near Azad Apartment situated

on Azad Society Road. He lodged the F.I.R. (CR No.199/2002). Since the identity of the

miscreants could not be ascertained, the police obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

98. On 29th

May, 2002 at about 10.10 hours in a bus of Ahmedabad Municipal Transport

Service running on route No.47/1 there was a bomb explosion and it caused injury to one

woman and damaged the bus. F.I.R. was registered (CR No.244/2002). The police during

investigation traced out the culprits and submitted charge sheet against 25 Muslims. Four of

them were shown as absconding. The trial against them is pending in Court.

99. The material in relation to the incidents in the Satellite Police Station area discloses

that even in this area which did not have any communal history, incidents started happening

right from the first day i.e. 27.2.2002 and on that day two incidents happened. On the

following day number of incidents increased and there were 14 incidents. On the next day the

fury abated considerably and there were only 4 incidents on 1.3.2002. Thereafter for about 3

weeks area remained totally quiet but then stray incidents happened, one on each day on

22.3.2002, 29.3.2002, 21.4.2002, 8.5.2002 and 29.5.2002. There were 15 incidents of arson, 9

45

incidents of damage to property and one incident of physical assault. This shows that the area

which was otherwise quiet area, was considerably affected by the communal frenzy and as

many as 25 incidents happened during relevant period. In the aforesaid incidents due to fire 7

houses of Hindus, 8 shops of Hindus and 20 shops of Muslims and 5 vehicles including two

buses of Ahmedabad Municipal Transport Service were damaged. Moreover, two houses i.e.

one of Hindu and one of Muslim were looted. The mobs also caused damage to one house and

two shops of the Muslims and one vehicle of Hindu.

100. Three persons lost their lives. They all were Hindus. They died due to suffocation as

they had concealed themselves in a bath-room of Tasty Restaurant which was set on fire by a

mob of miscreants on 28.2.2002 (CR No.102/2002 ).

101. In this area, the police detained 130 persons under different provisions of Cr.P.C.,

I.P.C. and Bombay Police Act. The police also arrested 86 persons for the commission of

offences of rioting, mischief, physical assault, etc. under Indian Penal Code during the

relevant period. Those 86 persons were arrested in connection with only 10 incidents, since

for other 15 incidents, the police did not get any clue about the miscreants. In police action 90

teargas shells were lobbed, over and above making lathi charge at some places. No firing was

resorted in any of these incidents.

102. Out of 25 offences registered with this Police station, the police sought “A” summary

in 15 cases as the miscreants could not be found and it was duly granted by the Court but now

the cases have been reopened and investigation is going on. Five cases are still pending in the

Court and the rest are over. In 11 cases the offences were registered late either because the

police was not aware of the incidents or because the owners of the damaged properties did not

approach the police immediately.

103. Four persons gave evidence before the Commission (1) Triveniben Shivdayal Sharma,

witness No.347 (Exh.611) has appreciated the action taken by the police to tackle the troubled

situation and the rescue operations carried out by them. (2) Bharatbhai Chandulal Prajapati,

witness No.348 (Exh.612) has stated about the effective patrolling maintained by the police.

(3) Muljibhai Devshibhai Solanki, Witness No.349 (Exh.613) has leveled allegations against

police stating that when his restaurant was set ablaze by a mob, no police help was received,

despite the fact that two policemen were present in the nearby police chowky and they had

seen the incident. In this incident three persons had lost their lives. The record discloses that

minimum staff was kept in the Police Chowkies and most of the policemen were sent for

dealing with law and order situation. It therefore appears that for that reason the two Police

46

Constables who were at Chowky did not leave the chowky and go near the place of incident.

(4) Amrish Narendra Patel, Witness No.350 (Exh.614) has stated that he was witness to

certain incidents of rioting and though the police was present it did nothing to prevent the

mischief. In the cross examination of Mr. Neegam Shukla for the State Government, he has

stated that the mob had accosted him but when he told the mob that he was carrying medicine

for his mother he was allowed to go. He was actively associated with advocate Mr. Mukul

Sinha in trade Union activity. He has also filed an affidavit wherein he has stated about setting

on fire Millennium Restaurant and Ravji Adani Departmental Store. He has further stated that

he was very much upset by the news regarding incidents which occurred at Godhra wherein

58 persons had lost their lives due to a coach of Sabarmati express train having been set

ablaze by the miscreants. He felt that it was necessary for him to find out whether the train

incident had happened as a result of planned conspiracy and with the aid of ISI Agency as

alleged by the Government or it occurred in any other manner. He therefore, visited the site

and also studied the record. Major part of his affidavit refers to certain statements of the

witnesses recorded during the investigation of the train incident by the police and the

observations made by him at the site. Based on that he has drawn his own conclusions. He has

expressed the opinion that the incident occurred not due to conspiracy but it happened all of a

sudden because of the quarrel between Ramsevaks and the tea vendors at Godhra platform.

On consideration of his evidence, the Commission finds that he is not an independent or

impartial witness.

104. Police Inspector, Shri Bhalia has filed second affidavit which is at Exh.5601 wherein

he has denied the allegations leveled against the police by these witnesses.

105. Apart from PI Bhalia, Deputy Police Commissioner S.M. Katara and Assistant Police

Commissioner P.N. Barot have also filed affidavits as Satellite Police Station was under their

jurisdiction. They have, however, not stated much about the area under this Police Station.

106. After our second Notification dated 5.8.2002, 352 affidavits have been filed by the

private citizens. These affidavits are filed by Hindus alone. We have perused the same. In

these affidavits, they have by and large appreciated the role of the police. Most affidavits are

on printed forms and it is stated that because of the police, day to day activities had remained

normal.

107. Most of the incidents which happened in this area took place when the police were not

present and by the time, the police reached the place of incident, the mob ran away. The

material further discloses that the police did act effectively and dispersed the mobs when they

47

were seen. There is no material to show that the police were either negligent or indifferent in

performance of their duty. There is also no material to show that the incidents in this area took

place as a result of an intigation by any religious or political leader or organization. There is

also no material to show that the persons in the mobs belonged to any religious or polical

organization.

NAVRANGPURA POLICE STATION

108. Navrangpura Police Station falls within “B” Division, Zone-1 of Ahmedabad city. The

Police Station has five police chowkies known as (1) Ashram Chowky, (2) Law Garden

Chowky, (3) A.G. Chowky, (4) Gulbai Tekra Chowky and (5) Hatkesh Chowky. Its

sanctioned police strength at the relevant time was, 2-Police Inspectors, 12-Police Sub

Inspectors, 52-A.S.I./Head Constable, 145-Police Constables, 2-Woman Head Constables and

one Woman Police Constable. The present strength was 2 - Police Inspector, 6 - Police Sub

Inspector, 47-ASI/Head Constable, 129 – Police Constables, 0 – W.H.C. and 2 – W.P.C; but

actual available strength during relevant period was 2 Police Inspectors, 5 – Police Sub

Inspectors, 40 – A.S.I./Head Constables, 112 Police Constables and 1 – W.P.C. The

population in this area is predominantly of Hindus belonging to upper middle Class and

Higher or affluent Class. Its area is 7.3 sq. kmts. and the population is approximately 2,30,00

out of which Hindu population is of 2,23,000 whereas Muslim population is of 7,000/-. There

are several shops and restaurants owned by Muslims in this area. There is a Muslim pocket

known as Muslim Society and about 5000 Muslims stay in this society. There are also other

small pockets of Muslims in Hindu localities.

109. Shri A.C. Jadeja, then PI of Navrangpura Police Station has filed an affidavit

(Exh.5080) dated 1.7.2002. He has stated that in view of the Godhra train incident and the

Bandh call given by Vishwa Hindu Parishad, proper bandobast was arranged. However, mobs

of Hindus had come out on the roads on 27th

and 28th

February, 2002 and started plundering

the shops belonging to Muslims and setting their properties on fire. According to him, like

this time, big mobs of Hindus indulging in incidents of rioting, had never happened before in

this area. His affidavit states that considering the strength of mobs and the number of

incidents happening on 28th

February, 2002 the police were finding it difficult to tackle every

incident. Not only that but since the Fire Brigade was also being attacked, it had to be given

protection to reach the troubled spots safely. Curfew was imposed at 2:45 P.M., but the

48

situation came under considerable control only after strict implementation of it at 3.40 p.m. on

that day itself and by 2nd

March, 2002 it had come under complete control.

In the past no notable incidents of communal nature had happened in the area under

this Police Station but during present riots 41 incidents happened. The communal frenzy was

at its peak on 28th

February, 2002 but thereafter it quickly subsided. Some miscreants of

Hindu community took the advantage of the situation and looted shops of Hindus also. Below

is the table giving date-wise occurrence of incidents.

Date I. C.R. No. Total

Incidents 27/02/2002 130/02 1

28/02/2002

131/02, 132/02, 133/02, 135/02, 136/02, 137/02, 138/02, 139/02, 140/02,

141/02, 142/02, 143/02, 145/02, 146/02, 147/02, 148/02, 149/02, 150/02,

151/02, 154/02, 155/02, 156/02, 158/02, 159/02, 161/02, 162/02, 163/02,

165/02, 167/02, 168/02, 169/02, 170/02, 185/02, 286/02 349/02

35

01/03/2002 166/02 1

02/03/2002 134/02 1

03/03/2002 361/02 1

01/04/2002 206/02 1

15/05/2002 318/02 1

Total :- 41

These incidents in brief are described below:

110. On 27th

February, 2002 around 9.15 p.m., 20 to 25 persons entered the restaurant of

Yusufbhai Ibrahimbhai Momin situated near Panjara Pol Cross Road and caused damage to its

furniture and doors. The offence was registered (CR No.I-130/2002). After investigation, 8

persons of Hindu community were arrested and prosecuted. Trial against them is pending in

Court.

111. On 28th

February, 2002 as many as 34 incidents happened.

(i) Around 19.30 hours, a mob of about 1000 persons entered the show-room of Titan

Watch situated in Centre Point building at Panchvati by breaking open the shutter,

damaged the furniture and stole wrist watches, wall clocks and other goods lying in

the show-room. The police soon reached there and took action to disperse the mob by

lobbing teargas shells. Kiritbhai Kantibhai lodged F.I.R. (I-CR No.131/2002). Police

charge sheeted 6 Hindus. Their trial is pending.

(ii) Around 15.15 hours, a mob of about 400 to 500 persons broke open main shutter of

the show room of Shrinivasan Natrajan Aiyer situated near show-room of Pantaloon at

Law Garden and stole readymade garments and wrist watches. He lodged the F.I.R.

49

(CR No.I-132/2002) on 1st March, 2002. Police arrested 3 persons of Hindu

community and prosecuted them. The Court acquitted the accused.

(iii) Around 23.30 hours a mob of about 100 to 150 persons entered Riddhi Siddhi

Building near L.D. Engineering College and set on fire Tulsi Restaurant situated on

the first floor of that building. The mob also looted goods from 3 shops belonging to

Rameshchandra Chhanalal Patel. Because of the fire his 3 other shops were also

damaged. He lodged F.I.R. (CR No.I-133/2002) on 2.3.2002 against unknown

persons. During the investigation police apprehended and submitted charge sheet

against one person. His case is still not over.

(iv) Around 13.45 hours a mob of about 100 to 150 persons broke open readymade

garments shop situated next to the show room of Bharatbhai Pranjivan in Swagat

building on C.G. road. The mob looted some goods from the shop and thereafter set it

on fire. Thereafter Bharatbhai‟s show-room was also looted. Meanwhile police arrived

there and fired one shot from .410 musket and lobbed teargas shells and two hand

grenades. Bharatbhai lodged the F.I.R. (C.R.No.I-135/2002). Identity of culprits could

not be ascertained even after investigation. The police therefore obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is

still going on.

(v) At about 14.00 hours a mob of approximately 400 to 500 persons broke open the shop

of Samirbhai Surendrabhai Khajanchi situated inManagement Enclave in Vastrapur

area and stole readymade garments. It also caused damage to two other shops.

Samirbhai lodged FIR (CR No.I-136/2002) on 3.3.2002. Police could not find the

miscreants even after investigation and therefore, the police obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is

still going on.

(vi) A mob of about 400 to 500 persons broke open the shop of Bharatbhai Ramchandra

Shyamdasani situated in Shilp building on C.G. Road and stole readymade garments

and hosiery goods. It also looted two saree shops and one jewelery shop. Bharatbhai

lodged the F.I.R. (CR No.I-137/2002) on 4.3.2002. Police could not trace the

miscreants even after the investigation. Hence the police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

50

(vii) Around 2.00 p.m. a mob of about 1000 persons set on fire sweetmeat shop of

Dungarram Dhulchand Agrawal situated in Navrangpura Municipal Market and

Aniket building near Kalupur Co-op. Bank and other nearby shops and also stole

articles lying in these shops. Dungarram lodged the F.I.R. (CR No.I-138/2002) on 4th

April, 2002. During the investigation, police apprehended 7 persons of Hindu

community and charge sheeted them. The case against them is not yet over.

(viii) Around 3.30 p.m. a mob of about 1000 persons broke the rear shutter of Bata Shoe

show room of Nafimuddin Husainuddin situated in B.J. House, Ashram Road and

stole the foot wear lying in it. The police while on patrolling arrived there and took

action by lobbing 3 long range and 3 short range teargas shells to disperse the crowd.

He lodged the F.I.R. (CR No.I-139/2002) on 4th

March, 2002. The police apprehended

4 Hindus and charge sheeted them. Their trial is pending.

(ix) A mob of about 1000 to 1500 persons, around 14.00 hours, broke the shutter of shop

of Pradip Jashkaran Dugar situated in Shafron building in Ambawadi and set on fire

goods lying therein. Mob also looted goods lying in nearby three shops and then set

them on fire. The police on receiving information reached there and lobbed 23 long

range and one short range teargas shells. Pradip Dugar lodged the F.I.R. (CR No.I-

140/2002) on 5th

March, 2002. Since police could not detect the offenders even after

investigation, it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

(x) Around 22.30 hours a mob of unknown persons broke open shop of Faruk Kasam

Shaikh named Victoria Washing Company situated in Mehta Blocks, Navrangpura and

caused damage to furniture and other goods lying in that shop. He lodged the F.I.R.

(C.R.No.I-141/2002) on 5.3.2002. The police even after investigation could not find

the offenders, hence, it obtained „A‟ summary and the case was closed. Subsequently,

the case has been re-opened and the investigation is still going on.

(xi) A mob of about 200 to 250 persons, around 15.00 hours, entered the shop of Murtuja

Hussainibhai Pulavwala situated in Fair Deal House, opp. St. Xavier‟s Ladies Hostel,

Navrangpura by breaking shutter of his shops and stole AC machines, two computers,

fans and furniture. It also set on fire the shop. The police arrived there and lobbed two

long range and one short range teargas shells. Murtuja lodged the F.I.R. (C.R.No.I-

142/2002) on 5th

March, 2002. The police arrested 7 persons of Hindu community and

charge sheeted them. The case is pending trial.

51

(xii) At 16.00 hours, a mob of about 150 to 200 persons broke the show case of Murlidhar

Dhruvchand Agrawal‟s shop situated in Monalisa building, near Ambawadi Circle

and stole sweetmeats and dry fruits lying therein. He lodged the F.I.R. (CR No.I-

143/2002) on 5.3.2002. Since the police could not find the miscreants even after

investigation, it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

(xiii) Around 14.30 hours a mob of about 1000 persons broke open shops in Amola

Chambers on C.G. Road and looted goods. Shop of Shabbir Mohmed Masuri was also

looted. The police arrived there and lobbed 10 long range and 4 short range teargas

shells, one hand grenade and fired two rounds from .410 Musket. Four Hindus were

arrested and prosecuted upon the F.I.R. (C.R.No.I-145/2002) being lodged by Shabbir.

The police submitted charge sheet against 4 persons. Trial is still pending.

(xiv) A mob of about 400 to 500 persons around 16.00 hours entered the shop of Siraj

Khubmiya Bastawala situated near Natraj Cinema, Ashram Road and set on fire

furniture and goods lying therein. He lodged, the F.I.R. (C.R. No.I-146/2002) on

6.3.2002. Three persons of Hindu community were prosecuted. After trial the Court

acquitted them.

(xv) A mob of approximately 500 persons broke the shutter of shop of Mustak Mohmed

Shaikh situated near Darpan Six roads and shop named Raj Stationery and brought out

goods and burnt them. The miscreants also stole some goods. Mustak lodged the F.I.R.

(C.R.No.I-147/2002) on 6.3.2002. Since the police did not get any information about

the miscreants even after investigation, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(xvi) Around 10.30 hours a mob of about 150 to 200 persons accosted Mangabhai

Somabhai, driver of Maruti Gypsi which belonged to Custom Department, made him

alight from of his vehicle and then broke the glasses and burnt the seats of the vehicle

near Stadium Circle. He lodged the F.I.R. (C.R.No.I-148/2002) on 6.3.2002. Attack

was because he drove the vehicle despite bandh call. Since the police could not

ascertain identity of the assailants even on completion of the investigation, it obtained

„A‟ summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(xvii) A mob of around 1000 persons broke the shutter of shop of Salim Sakurbhai Meman

and one another shop in City Centre, near Swastik Char Rasta and C.G. Road and

52

committed theft of clothes lying therein. The miscreants also broke furniture of the

shop. The mob also broke the shutter of shop named See and Select and committed

theft of goods lying in that shop. Salim lodged the F.I.R. (C.R. No.I-149/2002) on

6.3.2002. Police during investigation apprehended two Hindus who were charge

sheeted. The case against them is pending.

(xviii) Around 15.00 hours a mob of approximately 200 persons at Vijay Char Rasta,

Navranpura entered Navrang Restaurant of Rahim Rasul Samlani and broke furniture

and set it ablaze. The mob also caused damage to a shop known as Vijay Hair Art.

Rahim lodged the F.I.R. (CR No.I-150/2002) on 6.3.2002. During the investigation the

police apprehended one Hindu and submitted charge sheet against him. The Court

acquitted him.

(xix) Between 17.00 hours and 17.30 hours, a mob of 100 to 150 persons broke furniture

and AC machine, computer, etc. lying in the shop of Mohmed Irfan Ahmed Saeed

Arab situated opposite C.N. Vidyalaya and set fire to the shop. The miscreants also

stole cash lying in his cash box. He lodged the F.I.R. (C.R.No.I-151/2002) on

6.3.2002. Since the police could not ascertain identity of the miscreants even on

completion of the investigation, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(xx) A mob of miscreants caused damage to eating house named Royal-In-Restaurant

situated in Nirman Complex, near Havmor Restaurant, Navrangpura and set on fire

furniture and kitchen appliances. Owner Sabbirali Ibrahim Bhatti lodged the F.I.R.

(C.R.No.I-154/2002) on 7th

March, 2002. The police sought A summary because the

culprits could not be traced. It was granted and the case was closed. Subsequently, the

case has been re-opened and the investigation is still going on.

(xxi) Around 16.30 hours, 50 to 60 persons broke open shop of Babubhai Sikandarbhai

Shaikh situated in Classic Avenue, near Lakhudi Talavadi and caused damage to

furniture and Xerox machine. They also stole clothes of his customers. He lodged FIR

(I-CR-155/2002) on 7.3.2002. Police arrested two Hindus and submitted charge sheet

against them. After trial they were acquitted.

(xxii) At 14.00 hours, a mob of 20 to 25 persons broke open the door and entered restaurant

of Akbarali Vajirbhai Palsani situated in Ganesh Plaza building and damaged furniture

and set it on fire. He lodged the F.I.R. (C.R. No.I-156/2002) on 7th

March, 2002. The

53

police submitted charge sheet against one Hindu on 14th

June, 2002. The case is

pending.

(xxiii) Around 14.30 hours, a mob of approximately 1000 persons broke show-case of shop

of Mahavirbhai Shiv Bhagwan situated in Sanam Complex on C.G. Road and stole

five sarees. He lodged FIR (I-CR-158/2002) on the same day. Since the police was

unable to find out the culprits, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(xxiv) At about 15.30 hours a mob of 1000 persons broke the shutter of Ajimbhai Rafikbhai

Maniar‟s tyre shop situated in White House near Panchvati and caused damage to his

machine and furniture. He lodged the F.I.R (C.R.No.I-159/2002) on 7th

March, 2002.

One Hindu was arrested and charge sheeted. The Court acquitted him for want of

evidence.

(xxv) At about 11.00 hours a mob of about 400 to 500 persons broke the shutter of shop of

Mohmed Yusuf Ali Mohmed Chasmawala situated in N.C. Avenue Complex, opp. 10

Bungalows and stole frames of spectacles and caused damage to furniture and eye

examination machine. He lodged the F.I.R. (C.R. No.I-161/2002) on 8th

March, 2002.

The police even at the end of the investigation could not find the culprits and therefore

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(xxvi) Between 12.00 hours to 14.00 hours, a mob of unknown persons entered shop of

Abbas Badaruddin Bhavnagarwala situated in Renu Gopal Complex, near Mithakhadi

6 Roads and committed theft of goods lying therein. He lodged the F.I.R. (C.R.No.I-

162/2002) on 9th

March, 2002. The police apprehended one person of Hindu

community and charge sheeted him. The court acquitted him for want of evidence.

(xxvii) At about 10.30 hours, a mob of 500 to 1000 persons broke open and entered

restaurants named Abhilasha and Topaz of Yusufbhai Ibrahimbhai Mansuri situated at

Panjara Pole Cross Roads and set them on fire. He lodged the F.I.R. (CR

No.163/2002) on 9th

March, 2002. Since the police could not find out the culprits, it

sought A summary and closed the case. Subsequently, the case has been re-opened and

the investigation is still going on.

(xxviii)A mob of 400 to 500 persons broke the shutter of Vahidbhai Abdul Ajijbhai Shaikh‟s

shop situated in Liberty Complex, near St. Xavier‟s Ladies Hostel and committed theft

of clothes, TV, air conditioner, etc. and also caused damage to furniture. He lodged the

54

F.I.R. (C.R.No.I-165/2002) on 9th

March, 2002. The police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(xxix) A mob of about 100 persons committed theft of clothes from shop of Mehbub Ali

Ayub Ali Ansari situated on C.G. Road. They also caused damage to two other shops.

Informant Mehbub Ali lodged the F.I.R. (CR No.I-167/2002). The police apprehended

six Hindus and prosecuted them by filing charge sheet. The case against them is

pending.

(xxx) Between 16.00 hours and 16.30 hours, a mob of about 1000 persons entered shop of

Abdul Matin Mohmud Umar Machiswala situated in Sejal Shopping Centre, C.G.

Road by breaking its shutter and committed theft of goods. He lodged the F.I.R.

(CR.No.I-168/2002) on 10th

March, 2002. The police could not find the culprits even

after investigation, hence it obtained „A‟ summary and closed the case. Subsequently,

the case has been re-opened and the investigation is still going on.

(xxxi) A mob of 400 to 500 persons caused damage to furniture in the shop of Jigar Kamani

situated in Darshani Shopping Centre, near St. Xavier‟s Corner on Commerce College

road and committed theft of garments and also burnt furniture of the shop. He lodged

the F.I.R. (CR No.I-169/2002) on 10th

March, 2002. Since the police could not find the

culprits, it obtained „A‟ summary and closed the case. Subsequently, the case has been

re-opened and the investigation is still going on.

(xxxii) A mob of about 400 to 500 persons broke shutter of Ibrahim Babubhai Shaikh‟s shop

situated in a shopping Cenre near Navrangpura Bus Stand and committed theft of

electrical goods lying therein. He lodged the F.I.R. (CR No.I-170/2002) on 11th

March, 2002. The police could not get any information about the culprits even after

investigation hence it obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(xxxiii)A mob of about 150 persons committed theft of goods and cash from the shop of

Mohmed Yasin Marubhai Qureshi in Gulbai Tekra area by breaking the shutter. He

lodged the F.I.R. (CR No.I-185/2002) on 20th

March, 2002. During investigation the

police apprehended two persons of Hindu community and charge sheeted them. The

case against them is pending.

(xxxiv) On 28.4.2002 a mob of about 50 persons with a view to create panic amongst people

of both the communities exploded fire crackers and bombs in Mithakhali village and

55

also raised screams to cause alarm in the locality police reached there on receiving

information and it took action to disperse these persons by lobbing one hand grenade

and 24 long range teargas shells. By committing such acts they violated the

notification issued by Police Commissioner of the city. P.S.I. M.M. Parmar lodged the

F.I.R. (CR No.I-286/2002) on 2nd

May, 2002. As no culprit could be found, police

sought A summary and closed the case. Subsequently, the case has been re-opened and

the investigation is still going on.

(xxxv) Some miscreants broke the lock of Abbasi‟s room and committed theft of goods such

as wall clock, books, tape recorder, watch, clothes etc. and burnt certain articles. He

lodged the F.I.R. (CR No.I-349/2002) on 31st May, 2002. This incident occurred in the

student‟s hostel situated in University campus. The F.I.R. was lodged against four

named students who were Hindus and also other unnamed students. Police however

during the investigation did not find enough evidence to prosecute them and therefore

sought B summary and closed the case.

112. On 1st March, 2002, a mob of about 100 to 150 persons entered shop of Mehbub Haji

Shaikh situated in Tej Complex, Opp. Ellisbridge Police Station by breaking open the

shutters and caused damage to the goods lying in his shop and also committed theft of some

articles. He lodged the F.I.R. (CR No.I-166/2002) on 9th

March, 2002. The police

apprehended one person of Hindu community and charge sheeted him. He was acquitted by

the court for want of evidence.

113. On 2nd

March, 2002, at 14.00 hours, in the river bed near Shanker Bhuvan, Allanoor

Rahimkhan Pathan and his wife were assaulted by 30 to 35 unknown persons. He was caused

injuries on his head and legs by pipes and sticks. His wife was also injured on the left leg and

other parts of the body. Two women intervened. When the assailants saw Armymen and

police force at some distance in the river bed they ran away from there. F.I.R. (CR I-

134/2002) was lodged at 10.30 p.m. on the same day. The police could not trace the culprit

during investigation, it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

114. On 3rd

March, 2002 at about 15.00 hours a mob of 50 to 60 unknown persons entered

the house of Akil situated in Suvasnagar, near River view flats and caused damage to his

household articles and also committed theft. Akil lodged the F.I.R. (CR No.I-361/2002) on 5th

June, 2002. The police sought A summary as identity of accused could not be known even

56

after investigation and then closed the case. Subsequently, the case has been re-opened and

the investigation is still going on.

115. On 1st April, 2002 a mob of 400 to 500 persons set on fire shop of Siraj Khubmiya

Bastawala situated near Natraj Cinema and burnt goods lying therein. He lodged the F.I.R.

(CR No.I-206/2002). The police apprehended three Hindus and charge sheeted them. The

Court subsequently acquitted the accused for want of evidence.

116. On 15th

May, 2002 around 14.45 hours, two unknown persons between age group of

30 and 40 years traveled in the auto-rickshaw of Abid husein Nasirhusein Attarwala. After

reaching the destination in Subhadarapura, near Gulbai tekra they inquired about the fare and

Abid told it was Rs.10. One of the passengers suddenly caused an injury with a knife on the

throat of Abid. He lodged the F.I.R. (CR No.I-318/2002) on 16th

May, 2002. The police, even

after investigation could not find the assailants, hence, it obtained „A‟ summary and closed

the case. Subsequently, the case has been re-opened and the investigation is still going on.

117. The material relating to the incidents in this area disclosed that all the incidents

happened during day time. It further revealed that during relevant period, in all 7 days were

affected by the incidents of communal violence. They started happening right from 27.2.2002.

On that day one incident of arson took place. On the following day i.e. 28.2.02 maximum

number of incidents i.e. 34 happened. These incidents were of loot and arson. The modus

operandi of the mobs was to break open shops, loot goods and then set furniture and the shop

on fire. Many shops of even Hindus were broken open by Hindus solely with the intention of

looting goods. However, from the next day onwards there was sudden drop in the number of

incidents and on 1.3.2002, 2.3.2002 and 3.3.2002 only one incident occurred on each day.

There were two incidents of loot and one incident of arson. In the month of April, there were

two incidents and in the month of May there was only one incident. Thus in all 41 offences

were registered at the Police Station regarding communal incidents. Out of these 41 incidents,

only two related to physical violence whereas the rest were offences against properties. Even

out of two cases of physical violence, one appears to have happened due to some altercation

between the rickshaw driver and the passengers on account of rickshaw fare but, since the

victim i.e. rickshaw driver belonged to Muslim community, it was considered to be a

communal incident but since Identity of the assailants in that incident could not be known, it

cannot be said with certainty that it was communal incident. So far as the offences against

properties were concerned, there were about 11 such incidents wherein even shops or

restaurants of Hindus had been broken open and plundered by mobs of Hindus. It therefore

57

appears that anti-social elements took advantage of the disturbed situation and committed loot

of valuable articles from shops. During investigation in 19 cases police could apprehend the

culprits. They were charge sheeted and tried in the Court. In 21 cases, since culprits were not

found, the police prayed for grant of „A‟ summary and that was granted by the Court. They

have been subsequently reopened and investigation is still going on. In one case police sought

„B‟ summary which was also granted. In 8 cases where charge sheets were filed, after the

trials were over, the accused were acquitted. The rest are still pending. In 27 cases F.I.Rs.

were given late i.e. some days after occurrence of the incident by the owners of the property

which were damaged either because of the fear of being attacked or because of the curfew

being in force.

118. Out of 41 incidents in 21 incidents Hindus were the assailants and in 20 incidents

identity of the culprits could not be known. However, out of these 20 incidents, in 12

incidents Mulims were the victims because of attack either on their person or property. In 8

incidents Hindus were the victims mainly because mobs of miscreants of the same community

broke open their shops or other properties with a view to commit loot.

119. In these incidents there was loss caused to public as well as private properties. One

house and 14 shops of Muslims were either damaged or destroyed by fire. 11 shops of Hindu

and 11 shops of Muslims were looted. One house and 10 shops of Muslims and two shops and

one vehicle of Hindus were damaged.

120. In the area under this Police Station, curfew was imposed with effect from 2.15 p.m.

of 28th

February, 2002 and it was continued till 8.00 p.m. of 3rd

March, 2002. 24 persons

were detained under sections 151 and 18 persons were detained under section 107 of Criminal

Procedure Code as preventive measure.

121. While dealing with the aforesaid offences, police lobbed lobbed 54 tear gas shells and

fired 14 rounds from their service weapons.

122. So far as deployment of forces other than local police was concerned, there were two

sections of SRP permanently posted prior to 27th

February, 2002. On 28th

February, 2002, ½

section of the SRP was added and it remained there till 31st May, 2002. On 26.3.2002 two

more sections were deployed for a day. In this way between 28th

February, 2002 and 31st

May, 2002 additional sections of only the SRP were deployed as per the requirement.

123. Before the Commission, four witnesses have given their evidence, they all are

Muslims. Witness-385 Yusuf Sulemnabhai Patel (Exh.650) has stated that he had his motor

repairing garage near Nagri Hospital in Navrangpura. After the Godhra incident, there were

58

many incidents happening in different parts of the city but no incident had happened in the

area surrounding his garage and he had no difficulty at all in going to his garage. According to

him, there was full co-operation from the police and police had even organized bandobast at

that place. Witness-386 Yusufbhai Abdulgani Shaikh, (Exh.656) has stated that he lived in

Peer Kamal compound near Nagri Hospital. According to him, his area was very quiet and

since there are police residential quarters, police had kept four police points in that area. There

were no riots in his locality. Witness-387 Mehmud Allarakha Mansur, (Exh.657) has stated

that he had a shop in Shilp Building near Navrangpura Municipal Market. He had opened his

shop on 28.2.2002 in the morning but shortly thereafter people came there and made him

close it. Before going home, he had telephoned the police to protect his shop and he was

informed that one police van had already started for the area in which his shop was situated.

Later he learnt that there were 3 to 4 policemen patrolling in the area and no damage was

caused to his shop. There was also a police point fixed near his shop. Witness-388 Nazir

Samsuddin Saiyed, (Exh.658) has stated that he lived near Peer Kamal Kabrastan and earned

his livelihood by plying auto-rickshaw. According to him, even when there were disturbances

elsewhere in the city, this area was quiet because there were police residential quarters and

also there was police bandobast during this period.

124. In pursuance of the first notification, no affidavit has been filed by any private citizen.

However, the police officers who were concerned with this police station at the relevant time

have filed their affidavits. PI Jadeja in his affidavit has stated that this time mobs of Hindus

had come out in large number and even the ladies and children had come out due to curiosity

to know what was happening. There was very strong reaction of the Godhra incident in Hindu

community and it had with vengeance attacked shops of Muslims and set them on fire. He has

stated there were so many incidents of arson that even the Fire Brigade was unable to cope

with the distress calls and the police was also falling short of adequate number to effectively

control the situation. In some cases, the people had even surrounded the Fire Brigade with a

view to prevent it from proceeding further. He has stated that inspite of shortage of police

force, by working day and night, the police had organized patrolling and tried to help people

to the maximum. Those who had got stranded due to riots including Haj Yatris and students

staying in hostels were escorted to their destination or safe places. He has also stated that

during these days, the police had not even cared for their family life or their own health.

125. P.N. Barot. Assistant Police Commissioner, „B‟ Division has filed an affidavit stating

that in B division there were four police stations viz. Navrangpura, Naranpura, Ghatlodia and

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Sola High Court Police Stations. He has further stated that in Navrangpura there are

businessmen and Government officials of Muslim community residing in Muslim Society. On

C.G. Road there are shops of Muslims which are surrounded by shops of Hindus. There are

also Judges of Muslim community residing in the area under this Police Station. However,

Navrangpura is never considered to be a communally sensitive area. He has then given details

of the police strength of the entire B Division at the relevant time including the sanctioned

strength and the actual strength. He has stated that despite police points and continuous

patrolling, people in thousands had come out on C.G. Road and in the lanes connected with

C.G. Road. He has stated what action police took to control the situation. Lastly he has given

figures of the total incidents viz. 41 and the number of accused arrested by the police for these

incidents viz. 63.

126. V.M. Parghi, Deputy Police Commissioner, Zone-1 from 12.10.2002 to 10.4.2002 has

also filed an affidavit (Exh.9295). In it he has given details regarding Police Stations of Zone-

1, its population and action taken by the police right from the beginning. He has also given

some details regarding the incidents which occurred within Zone-I and which were dealt with

by him. According to him, during communal disturbances the police had not cared for their

health and had discharged their duty day and night.

127. S.M. Katara Dy. Police Commissioner, Zone-I with effect from 10.4.2002 has also

filed an affidavit (Exh.3717). He has, like DCP Parghi, given details regarding Police Stations

and their background. Nothing of any importance has been said about Navrangpura Police

Station by him.

128. After issuance of second Notification dated 5.8.2004, 30 affidavits have been filed.

Most affidavits are on printed form and they are stereo type in their contents except for minor

changes in figures, etc. In 22 affidavits deponents have praised working of the police and have

stated that because of their efforts no communal disturbances occurred in their area. 8

affidavits which are also on printed form relate to demand of compensation and/or

rehabilitation.

129. Material reveals that in this area there was sharp reaction of Godhra train incident but

in most incidents only the properties were made the target of attack. There was only one

incident which can be termed as purely communal incident in which physical harm was

caused. There are no allegations made against police. There are also no allegations leveled

against any political party or religious organization or their leaders rgarding their involvement

in communal disturbances in this area either directly or indirectly.

60

NARANPURA POLICE STATION

130. Naranpura Police Station of Zone-1 „B‟ Division covers an area of about 20 sq.kmts. It

is having population of four and half lakhs, majority Hindus. There are stray houses of

Muslims but the number does not exceed 50 to 60 in the entire area. It is having the

population of middle class and higher middle class and some of the important Government as

well as semi Government offices are situated here. Some of the shops in this area are owned

by members of Muslim community. Their owners do not stay in the Naranpura but they stay

in the localities which are mainly inhabited by Muslims. They come to Naranpura only for

doing business. They do business of readymade clothes, foot-wear, laundry and making

mattresses. During the 1985 communal riots these shops had been targeted. Many Hindu

families who were affected by the communal riots which had occurred in the past, including

riots of year1985 have migrated here from the localities known as Dariyapur, Vadigam and

Khadiya which localities even today are highly sensitive from the communal point of view.

The sanctioned strength of Naranpura Police Station at that time was 2-Police

inspector, 12-Police Sub Inspector, 46-Head Constable, 154-Police Constable, one woman

Police Constable. The available strength was 2-Police inspector, 6-Police Sub Inspectors, 50-

Head Constables, 154-Police Constable and 1 - Woman Police Constable. It has got three

chowkies viz. Juna Vadaj Chowky, Nava Vadaj Chowky, Naranpura Chowky.

131. Bhagwandas Dahyabhai Tandel, the then Senior Police Inspector attached to

Naranpura Police Station, has filed an affidavit (Exh.5048) before the Commission containing

the above stated facts. He has also stated that in view of the Godhra incident and the Bandh

call given by Vishwa Hindu Parishad, police had apprehended serious repercussions thereof

and therefore, appropriate bandobast consisting of Police, S.R.P. and the Home Guards was

arranged. At sensitive points police were posted „round the clock‟ and they were provided

with rifles and gas shells. Five vehicles known as „Requisite Vehicles‟ were utilized for

patrolling different areas and each vehicle was placed in charge of a Police Sub Inspector. He

has stated that as a consequence of the Godhra incident, violent riots had broken out in the

city of Ahmedabad on 28th

February, 2002 and area under Naranpura Police Station was also

affected by the disturbances.

132. Material relating to the incidents within this Police Station is produced before the

Commission. It shows that between 27th

February, 2002 and 31st May, 2002, 26 offences were

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registered with Naranpura Police Station. 4 incidents happened in night whereas 22 incidents

happened during day time. Mr. Tandel has stated that on 28th

February, 2002 alone 13 F.I.Rs.

were registered. He has given details thereof. He has however, missed to mention offence

registered at C.R. No.107/2002.

133. Table giving date-wise occurrence of offences is given below.

Date I. C.R. No. Total

Incidents

28/02/2002 100/02, 101/02, 102/02, 103/02, 107/02, 117/02, 118/02, 121/02,

124/02, 178/02, 182/02, 213/02, 251/02, 254/02 14

01/03/2002 104/02, 105/02, 106/02, 113/02, 116/02, 119/02, 122/02 7

02/03/2002 109/02 1

03/03/2002 111/02, 114/02 2

15/03/2002 135/02 1

01/05/2002 204/02 1

Total :- 26

134. There was no incident of communal violence on 27.2.2002:

135. On 28th

February, 2002 in all 14 incidents happened.

(i) At 10.30 hours Kishanbhai Bhikhabhai Makwana was assaulted by two unknown

persons with a knife when he came out of the premises of a dargah after offering

flowers. He in fact belonged to Hindu community but since he emerged from the

premises of a dargah the assailants took him to be a Muslim. He lodged the FIR (I-CR-

100/2002) against unknown persons. Identity of the assailants could not be ascertained

by the police even after investigation. Therefore the police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(ii) Between 10.00 hours and 11.00 hours two persons took away keys for locking the gate

of Railway Crossing. The keys were of Gate No.9, Gate No.10 and Gate No.11 on

Ahmedabad-Bhavnagar Railway route. This was done because of the bandh call given

by the Vishwa Hindu Parishad. The Gateman of Gate No.10 Motilal Jialal Gautam

lodged the F.I.R. which was registered at CR No.I-101/2002. Since the Police could

not find out the culprits even on completion of the investigation, it obtained „A‟

summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(iii) Any time before 16.15 hours, a mob of about 50 persons in Mahadevnagar Society

near Sardar Colony damaged a shop named Raja Finishing House and set it on fire.

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Police while patrolling arrived there and it lobbed teargas shells to disperse the mob.

Some miscreants of that mob then went to godown of Raja Lining Works in

Vishwamitra Shopping Centre and committed theft of the cloth lying therein. Police

chased them and apprehended two persons viz. Chirag Prahladbhai Patel and Vipul

Jivanlal Patel on the spot with goods. P.S.I. R.J. Rajput of Investigation Squad lodged

the F.I.R. (CR No.I-102/2002). Police submitted charge sheet against those two

persons and also three others, all Hindus. The case against them is pending in the

Court.

(iv) At about 11.20 hours, near Akhabarnagar Circle, a mob of about 1500 to 2000

persons, to implement the bandh call given by Vishwa Hindu Parishad, stopped

vehicles and deflated their tyres. Police reached there and lobbed 5 short range teargas

shells at the mob. P.S.I. M.N. Vankar of Nava Vadaj Police Chowky lodged the F.I.R.

(CR No.I-103/2002). Police arrested one person named Rajesh and charge sheeted

him. The case against him is pending in the Court.

(v) At about 11.00 hours a mob of about 100 persons broke shutter of one shop situated in

Ratnanabh Complex and committed theft of goods lying therein. Sevaram

Ramchandra Reniwala, watchman of Ratnanabh Complex lodged the F.I.R. (CR No.I-

107/2002) on 1.3.2002. After investigation, police arrested one Hindu and charge

sheeted him. The trial against him is pending.

(vi) Mob of about 200 persons went to petrol pump of Yasinkhan Alikhan Pathan and his

Partners who were Muslims, situated near Hotel Fortune Land Mark. They damaged it

and set it on fire. Mob also stole tins of Engine oil of different companies of the

quantity of 1000 liter. Yasin Pathan lodged the F.I.R. (CR No.I-117/2002) on

7.3.2002. During the investigation three persons of Hindu community were arrested

and charge sheeted. Their trial is pending.

(vii) Around 17.00 hours, a mob of miscreants entered shop of Arwak Ramjanbhai Shaikh

named Notabene Dry Cleaners and brought out clothes and burnt them. He lodged the

F.I.R. (CR No.I-118/2002) on 8.3.2002. Since the police was unable to find the

culprits even after investigation, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(viii) Between 13.30 hours and 14.00 hours, a mob of about 200 persons forcibly entered the

Laundry of Afjalhusain Janubhai Sathiwala named „Edward‟ and committed theft of

clothes as well as some furniture. The miscreants thereafter set the shop on fire

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together with remaining furniture, fixtures and clothes. Afjalhusain lodged the F.I.R.

(CR No.I-121/2002) on 9.3.2002. During investigation the police arrested five persons

of Hindu community and charge sheeted them. Trial against them is pending.

(ix) Between 11.00 hours and 13.00 hours, shops of Hasanbhai Alibhai Ajmeri viz. (1)

Jagruti Mattresses Works in Ramankala Flat, near Sanghavi High School, (2) Jagruti

Mattresses Works in Kundan Park Society and (3) Jagruti Mattresses Works in

Hasmukh Colony Cross Road were forcibly opened by a mob of 100 to 200 persons.

Some goods were stolen and some were set on fire together with premises of these

shops. Hasanbhai lodged the F.I.R. (CR No.I-124/2002) on 10.3.2002. During the

investigation police arrested five persons of Hindu community and charge sheeted

them. Trial against them is pending.

(x) On 15.3.2002 when Majidkhan Ayubkhan Pathan visited his shop, he found that

furniture was damaged and his shop was burnt. He learnt that on 28.2.2002 the

miscreants forcibly opened it and furniture was damaged and the shop was set on fire.

He lodged the F.I.R. (CR No.I-178/2002) on 11.4.2002. Since the police could not

find out the culprits even after investigation, it obtained „A‟ summary and closed the

case. Subsequently, the case has been re-opened and the investigation is still going on.

(xi) A mob of 200 persons broke the shutter of Sabirbhai Hajibhai Shaikh‟s shop, brought

out goods lying therein and burnt them. Later on when he visited the shop, he found

that the mattresses rugs, machine for carding and cleansing cotton and sewing

machines, fans, etc. were burnt by the miscreants. He lodged the F.I.R. (CR No.I-

182/2002) on 13.4.2002. Since the police was unable to find the culprits even after

investigation, it obtained „A‟ summary and closed the case.

(xii) Rajakbhai Babubhai Ajmeri was informed by his landlord Jayantibhai that on

28.2.2002 his shop named Ranjan Mattresses was broken open by a mob of 150 to 200

persons and goods were brought out and set on fire. In this behalf Rajakbhai lodged

the F.I.R. (CR No.I-213/2002) on 4.5.2002. The police was unable to trace the culprits

even after investigation and therefore it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(xiii) On 16.5.2002 Rasulbhai Jusalbhai Ajmeri visited his shop and found that it was open

and goods and furniture were missing. On making inquiry, he learnt that mob of

miscreants had burnt them. He therefore, lodged the F.I.R. (CR No.I-251/2002) on

23.5.2002. Since the police was unable to trace the culprits even after investigation, it

64

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(xiv) Rehmatben w/o. Kadarbhai Abdulbhai Ajmeri had taken on rent a shop named Bharat

Mattresses Works situated opposite Swaminarayan temple in Nava Vadaj area. On

22.5.2002 when she visited the shop, she found that locks were broken and the goods

were missing and furniture was damaged. She inquired from her land lord Amratbhai

who told her that a mob of miscreants on 28.2.2002 at 10.30 hours had done the

mischief. She therefore, lodged the F.I.R. (CR No.I-254/2002) on 23.5.2002. The

police was unable to trace the culprits even after investigation and therefore, it

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

136. On 1.3.2002 seven incidents happened.

(i) At about 11.00 hours, a mob of about 60 to 70 persons broke open the premises of

Unique Gas Agency situated in Shastrinagar and brought out gas cylinders for

committing theft. Two policemen were present. They tried to prevent the miscreants

from taking away the cylinders but they did not pay any heed to the warning of the

police. In the meanwhile a mobile van of Naranpura Police Station arrived there and

two teargas shells were lobbed at the crowd. It started running away. Police was able

to apprehend one person named Vimal Subhashbhai Tripathi on the spot. Unarmed

Police Constable Bhikhabhai Dhirabhai of Naranpura Police Station lodged the F.I.R.

(CR No.I-104/2002). After investigation, police charge sheeted two persons. The court

acquitted them.

(ii) At about 11.40 hours a mob of 400 to 500 persons went to Ajanta Commercial Centre,

near income tax and broke the shutter of shop named Sajni. The miscreants tried to

steal goods lying in it. Police was present there. Police Constable Banesinh Kalusinh

lobbed six hand grenades at the mob. In the meanwhile, in-charge officer of Juna

Vadaj Police Chowky R.M. Bhadoria arrived there with his staff. Some of the

miscreants were caught red handed. Police Constable Banesinh Kalusinh lodged the

F.I.R. (CR No.I-105/2002). Police charge sheeted 37 persons of Hindu community.

Trial against them is pending in the Court.

(iii) Around 18.00 hours a mob of about 200 persons in Usmanpura Garden tried to

damage and destroy the graves of Muslims. Police arrived there and lobbed teargas

shells and hand grenades at the crowd. Two persons namely Pinakin Dilip Patel and

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Mehul Jagdishbhai Dhandhukiya were caught on the spot. A.S.I. Sakabhai Jesingbhai

of Naranpura Police Station lodged the F.I.R. (CR No.I-106/2002). After

investigation, police prosecuted 13 persons and submitted charge sheet against them.

The trial against them is pending. P.I. B.D. Tandel in his affidavit for this very

incident has stated that a mob of about 4000 to 5000 Hindus tried to destroy graves

situated in Usmanpura garden. Police reached the place and lobbed 59 teargas shells.

One person was hit by a shell and he died on the spot. He was identified as Mafatlal

Harjibhai Rabari. Two persons were apprehended from the spot and 11 other persons

were subsequently arrested. They have been prosecuted and the trail against them is

pending.

(iv) Shop of Pesuram Khemchand Sindhi near Sorabji Compound was set on fire by some

miscreants. He lodged the F.I.R. on 4.3.2002 which was registered at CR No.I-

113/2002. Since identity of the culprits could not be ascertained by the police even

after investigation, it obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(v) On 7.3.2002 Mehbubbhai Sulemanbhai Ajmeri lodged F.I.R. (CR No.I-116/2002)

stating that on 1.3.2002 his friend Gurumukhbhai Sindhi informed him that his shop of

rugs and mattresses situated in Uddhavnagar, Sorabji Compound, Juna Vadaj was

burnt by a mob of 1000 to 1500 persons. During the course of investigation, police

arrested five persons of Hindu community and charge sheeted them. The case against

them is pending.

(vi) A mob of miscreants forcibly entered the shop named Sun Auto Parts and Repairing

works and another shop named Ajmeri Traders of Ejaz Rajak Ajmeri and burnt the

vehicles lying in the shop and stole the tins of engine oil, spare parts and tools for

repairing the vehicles. The mob also brought out mattresses and rugs lying in Ajmeri

Traders on road and burnt them. Firozalam Nooralam Shaikh lodged the F.I.R. (CR

No.I-119/2002) on 8.3.2002. During investigation the police apprehended two persons

and charge sheeted them. Trial against them is pending.

(vii) A mob of about 150 persons entered the shop of Faridaben by breaking its shutter and

committed theft of footwears. The mob also set on fire her shop. When she visited her

shop later, she found that goods were stolen and furniture in the shop was burnt. She

lodged the F.I.R. (CR No.I-122/2002) on 9.3.2002. During the investigation police

arrested two Hindus and charge sheeted them. Trial against them is pending.

66

137. On 2nd

March, 2002, around 11.30 hours, a mob of 700 to 800 Hindus attacked

Muslims staying in hutments situated in the river bed. These huts were set ablaze. One

Muslim girl and a child received serious burn injuries. The police on receiving the message

reached the spot and to disperse the crowd fired one round but before that the damage was

already done. Hajifbhai Rasulbhai Shaikh lodged F.I.R. (CR No.109/2002). The girl

Sultanabanu Sheikh was admitted in the hospital where she died during treatment. The child

named Imtiaz Sheikh also died due to burns. The police arrested 12 Hindus and submitted

charge sheet against them. The trial against them is pending.

138. On 3.3.2002 two incidents happened.

(i) At about 8.50 hours, a mob of 1500 to 1600 persons, near Naranpura Lakhudi Talav,

brought out one car from Sun Motor Garage. The mob caused damage to the car and it

was about to set it on fire. Meanwhile police arrived there and lobbed 10 hand

grenades. Two persons were caught on the spot by the police. Their names were

Mangabhai Manilal Ravat and Mahijibhai Harjibhai Rabari. Unarmed Head Constable

Devabhai Ukabhai lodged the F.I.R. (CR No.I-111/2002). At the end of investigation,

police arrested five more persons and finally charge sheeted seven persons. Their trial

is pending in the Court.

(ii) A mob of about 150 persons entered the hotel of Mukeshbhai Parmanandbhai Rupani

by breaking its lock and damaged articles lying in the hotel and also burnt one scooter.

He telephoned the police and in response to it the police van arrived there. On seeing

the van, mob ran away. He lodged the F.I.R. (CR No.I-114/2002) on 4.3.2002. Since

the police was unable to find out the culprits even after investigation, it obtained „A‟

summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

139. On 15.3.2002 at 15.00 hours, about 20 to 25 persons, at Naranpura Cross roads all of a

sudden started pelting stones at transport bus of AMTS. Driver Maheshbhai Ishwarlal Patel,

conductor and the passengers got down. Miscreants then entered the bus and broke the

window panes and burnt its seats. Meanwhile, the police and fire brigade arrived there and

extinguished the fire. Driver lodged the F.I.R. (CR No.I-135/2002). During investigation the

police arrested one person name Dilip Vithalbhai Patel and charge sheeted him. Trial against

him is pending.

140. On 1.5.2002, Fatemohmed Abduljabbar Ansari had gone to answer the call of nature

in the river bed. While he was preparing to leave, Pankaj alias Toto Muljibhai Parmar, Kunnu

67

and Rajvir and about 8 to 10 other persons belaboured him severely. They also caused injuries

to him with stones. He lodged the F.I.R. (CR No.I-204/2002) on the same day. During

investigation the police arrested above named three persons and prosecuted them by filing

charge sheet. Trial against them is pending. Subsequently, the case has been re-opened and

the investigation is still going on.

141. What is revealed by the material relating to the incidents is that the maximum number

of incidents happened on 28.2.2002. In these incidents there was no loss of life but properties

of Muslims were either damaged or destroyed by setting them on fire. Only one incident out

of 13, related to the offence against human body, the rest were of loot, destruction of

properties by arson etc. The fury slightly decreased on the following day i.e. 1.3.2002 and in 8

incidents which happened on that day, the properties of Muslims were either damaged or

destroyed and also goods lying therein were looted. Thereafter on all the affected days, except

3.3.2002, one incident occurred on each day. On 2.3.2002 in one incident of arson, two

persons lost their lives. After 3.3.2002 for about 12 days the area was quiet but on 15.3.2002

one bus belonging to AMTS was damaged and its seats were burnt. Thereafter for about 1-1/2

month there was no incident. The last incident happened on 1.5.2002 which was a small

incident of stone throwing wherein some persons suffered injuries. Out of 26 offences which

were registered during relevant period, only three incidents related to physical assault and rest

were of the arson, loot and damage to the property. Out of these 26 incidents, police took

action in 8 incidents viz. I-CR No.100/2002, 102/2002, 103/2002, 104/2002, 105/2002,

106/2002, 111/2002 and 114/2002. Remaining 18 incidents happened when the police was not

present.

142. Out of 26 incidents involvement of Hindus as culprits was in 16 incidents. In 10

incidents identity of the culprit s could not be known but out of them in 6 incidents Muslims

were the victims, in 3 incidents Hindus were the victims and in one incident public property

was damaged.

143. So far as human casualty is concerned, one child and one girl of Muslim community

died due to burns in incident of arson on 2.3.2002 and one Hindu died when police lobbed gas

shells at the mob of Hindus which was destroying graves in Usmanpura Garden.

In these incidents 7 houses of Muslims were set on fire. One shop of Hindu and 12

shops of Muslims were burnt and one vehicle of Hindu was also burnt. 5 shops of Muslims

were looted. One shop of Hindu, three shops of Muslims and three Dargah were damaged by

the miscreants. Apart from that one petrol pump was also damaged.

68

As a preventive measure, police detained 113 persons under the provisions of section

107 and 151 of IPC and 33 persons for committing breach of the notification under section

188 of the IPC. In 16 offences out of 26 offences, police were able to identify and prosecute

106 persons. Out of them one case is over and other are pending. In rest of the offences,

police were unable to find the miscreants and therefore, A summary was requested for.

Subsequently these cases have been reopened and investigation is not complet.

144. Out of 26 incidents which happened here, in 8 incidents the police was present and

took action to bring the situation under control. During action police lobbed 53 S.R., 55 L.R.,

total number of 108 shells. Similarly, police fired one shot from 410 Musket.

145. Apart from P.I. Tandel, seven other Police officers who were concerned with this

Police Station, have filed their affidavits. In their affidavits they have stated about the

incidents in which they had taken action against the miscreants. Deputy Superintendent of

Police Narpatsinh Daulatsinh Jetavat who was a senior Police Inspector in Naranpura Police

Station between 23.4.2002 and 24.6.2002 and again between 22.7.2002 and 26.8.2002, has

filed an affidavit dated 28.9.2004. He has referred to four incidents relating to I-CR

No.204/2002, 213/2002, 251/2002 and 254/2002 and arrest of three persons made in

connection with I-CR No.204/2002. Nothing more has been stated in it. Additional C.P. Shri

Shivanand Jha and Deputy Commissioner of Police Shri S.M. Katara have also filed affidavits

dated 1.7.2002 and 29.6.2002 respectively, since Naranpura Police Station fell under their

jurisdiction. However, they have not stated anything noteworthy about this Police Station.

P.N. Barot, ACP of B Division with effect from 1.11.2000 was also placed in charge of A

Division. He has filed an affidavit dated 1.7.2002. In it he has given details regarding persons

arrested in connection with the above referred 26 offences and persons detained under various

provisions of Criminal Procedure Code and Bombay Police Act.

146. Afizuddin Gulam Mohmed Kadri, witness No.384 (Exh.653) has deposed before the

Commission that he was a Rector of Kamar Hostel in Usmanpura which is within the

jurisdiction of Naranpura Police Station. It is managed and administered by a Muslim Trust.

However, the students of various communities stay in this hostel. He has stated that on 28th

February, 2002, 42 students were in the hostel. Due to the Bandh call, mobs of Hindus were

out on roads. In the year 1969, during communal riots, this hostel was attacked by the rioters.

Keeping this fact in mind, the management had requested for police bandobast. However, due

to wide spread riots in the city, it was not possible to keep police bandobast at the hostel and

instead the police patrolling was arranged. In the evening around 7.00 p.m. inmates of the

69

hostel were shifted to the residence of Chairman of the trust near Tagore Hall, Paldi by the

police and later on when the situation became slightly better, they were sent their homes. No

other person has come forward as a witness to give evidence regarding incidents which

happened in area under this police station.

147. No one has filed affidavit in pursuance of the first Notification but after issuance of

Notification dated 5.8.2004, 73 affidavits have been filed. Most of these affidavits are on

printed forms and deponents have merely filled in the blanks. Out of these 73 affidavits, in 10

affidavits deponents have made grievance mainly regarding compensation. Some have stated

that considering the loss suffered by them compensation received by them was not adequate

and some have stated that they have not received any compensation. Some have also made a

grievance that no steps have been taken to rehabilitate them at their original place. 63

deponents have appreciated the working of the administration and have stated that because of

the vigilance maintained and arrangements made by the administration no untoward incident

happened in their area and the life was normal. These are stereo type affidavits and all the

deponents are Hindus.

148. In this area curfew was imposed in accordance with the situation prevailing there.

Police however took action against 133 persons for committing breach of the curfew between

27.2.2002 and 31.5.2002.

149. So far as deployment of forces other than local police is concerned, at the relevant

time there was ½ section of SRP permanently posted here. On 1.3.2002 additional ½ section

of SRP was deployed. On 7.4.2002 another ½ section of SRP was deployed which was there

upto 25.5.2002. Another ½ section was added on 25.5.2002. which was there upto 31.5.2002.

No other force including Army was deployed here.

150. There is no evidence to show that the incidents in the area under this Police Station

happened because of the instigation by any political or religious leader or any political party

or religious organization.

70

GHATLODIA POLICE STATION

151. Ghatlodia Police Station falls under Sector-1, Zone-I, Division-„B‟. During the

relevant period sanctioned strength of this Police Station was - 2 Police Inspector, 12 Police

Sub Inspectors, 42 Head Constables, 100 Police Constables, 1 Woman Head Constable and 2

Woman Constables. However, the available strength of police was 2-Police Inspector, 4-

Police sub Inspector, 29-Head Constables, 98- Police Constables and 2-Woman Constables.

There are three Police Chowkies viz. Ghatlodia Police Chowky, Memnagar Police Chowky

and Chandlodia Police Chowky. The population here is between 4 lakhs to 4.5 lakhs and it is

mainly of Hindus. There is negligible population of Muslims, but there are stray shops of

Muslims wherein they carry on petty business like tailoring, laundry and making mattresses,

pillows and quilts. This area had no communal history.

152. As a repercussion of the Godhara train incident certain incidents of communal

violence did take place within the jurisdiction of this Police Station. Table giving date-wise

occurrence of offences is given below.

Date I. C.R. No. Total

Incidents 28/02/2002 61/02, 62/02, 63/02, 70/02, 110/02, 135/02, 172/02 7

02/03/2002 64/02, 65/02 2

05/03/2002 67/02 1

Total :- 10

153. There was no incident on 27.2.2002.

154. On 28.2.2002 seven incidents happened.

(i) Between 10.00 hours and 11.00 hours, a mob of unknown persons forcibly entered

Shop No.19 named New Gujarat Cotton Work in Ghanshyam Complex, near

Chandlodiya Bridge and brought out on road the articles lying in it and set them on

fire. Police Constable Vinodkumar Nagjibhai lodged the F.I.R. (I CR No.61/2002).

The Police arrested Vipulkumar Mafatlal Patel and four others and charge sheeted

them The trial against them is pending.

(ii) Around 13.15 hours a group of 15 to 20 persons pelted stones at the house of

Dipakkumar Dashrathlal Jaishwal situated in New Nikita Part Society, near Sun and

Step Club taking it to be the house of Congress Leader Shri Amarsinh Chaudhary.

They also caused damage to his car. Dipakkumar lodged the F.I.R. (I CR No.62/2002)

71

at Ghatlodia Police Station. The Police prosecuted Dhanram Kantibhai and three

others for the said offences. Trial against them is pending.

(iii) Between 12.30 hours and 16.30 hours, a mob of about 100 persons set on fire several

shops in Memnagar locality. F.I.R. (I CR No.63/2002) was lodged by PSI M.D.

Thakor of Ghatlodiya Police Station. Maheshbhai Naranbhai and ten others were

charge sheeted by the police. They were acquitted by the trial Court.

(iv) At night some miscreants set on fire Rehmanbhai‟s Lucky Motor Garage in Memnagar

and caused damage to the cars kept there for repairing. Maruti Frontie of Ajaybhai

Gordhanbhai Patel also got destroyed by fire. He learnt about that incident on

9.3.2002. He, therefore, lodged the F.I.R. (CR No.70/2002). Five persons of Hindu

community have been prosecuted. Their trial is pending.

(v) Around 19.00 hours a crowd of about 100 persons destroyed Salimbhai Dagrubhai‟s

rickshaw together with machine for carding cotton by setting it on fire near Sola road

Petrol Pump. He lodged the F.I.R. (I CR No.110/2002) on 11th

May, 2002. Since

identity of the miscreants could not be ascertained even after investigation, the police

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(vi) On Sola road, a mob of about 100 persons set on fire a wooden cabin belonging to

Ahmedhusain Mehmudmiya Shaikh, with the result the seat covers placed in that

cabin were burnt. He filed the F.I.R. (I CR No.135/2002) on 6th

June, 2002. As the

police could not find the culprit even after investigation, it prayed for A summary and

then closed the case. Subsequently, the case has been re-opened and the investigation

is still going on.

(vii) A mob of around 100 persons set on fire rickshaw fitted with machine for carding

cotton belonging to Mustaqbhai R/o. Bakri Mandi, Ranip. The F.I.R. (I CR

No.172/2002) was lodged on 27th

June, 2002 by him. As identity of the miscreants

could not be known even after investigation, the police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

155. On 2.3.2002 two incidents happened.

(i) Between 2.00 hours and 2.30 hours Jayantibhai Prahladbhai was carrying milk

pouches in his vehicle. A mob of about 200 persons stopped the vehicle at Parasnagar

Three roads and destroyed the milk pouches by burning their containers entertaining a

72

suspicion that it was poisoned milk. He lodged the F.I.R. (I CR No.64/2002). Since the

identity of the miscreants could not be known even after investigation, the police

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(ii) Between 14.30 hours a mob consisting of about 100 persons approximately entered a

shop of mattresses and rugs in Navdeep Complex, near A One School by breaking

open the shutter and set articles lying therein on fire. Police Sub Inspector M.D.

Thakore lodged the F.I.R. (I CR No.65/2002). Since identity of the miscreants could

not be ascertained during investigation, the police closed the case after obtaining „A‟

summary. Subsequently, the case has been re-opened and the investigation is still

going on.

156. On 5.3.2002 between 15.15 and 15.30 hours a mob of about 20 persons went to shop

of Kantaben Vasubhai Patel situated at Sanjaynagar, near Ambedkar Lane and stole fowls and

also damaged adjoining shop of one Muslim. She lodged the F.I.R. (CR No.67/2002) on the

same day. During investigation, police arrested six persons of Hindu community and

prosecuted them by filing a charge sheet. The case is pending against them.

157. Between 28th February, 2002 and 5th

March, 2002, in all 10 incidents occurred. Out of

these 10 incidents, nine took place during day time whereas one incident took place at night.

There was no incident involving loss of life or of personal injury. Six incidents were of arson

wherein shops belonging to the Muslims were set on fire and in three incidents damage was

caused to their property but not by fire. In one incident a four wheeler viz. Maruti Car

popularly known as Frontie was burnt. No religious place was either destroyed or damaged.

On 28th

February, 2002 maximum number of incidents i.e. 7 incidents took place and

thereafter two incidents on 2.3.2002 and one incident on 5.3.2002 happened. In four incidents

the FIRs were lodged much after the date of occurrence of the incident as the informants

learnt about the incidents late and therefore, they lodged the FIRs late.

158. Out of 10 incidents in 5 incidents Hindus were the assailants. In 5 incidents culprits

could not be found, but out of these 5 incidents Muslims were the sufferers in 3 incidents

because of the damage caused to their properties. In one incident Hindu was the victim and in

one incident identity of the owner of the damaged property could not be known.

159. It also appears from the record that out of 10 cases in five cases police submitted

charge sheet against 31 persons. Out of them one case is over. In other five cases, police

requested for grant of A summary since the identity of the miscreants could not be known

73

even after investigation. However, these cases have been reopened and investigation is going

on. In these incidents six shops and two vehicles of Muslim were set on fire and destroyed

and one residential house of Hindu and one of Muslim were damaged by breaking them. All

the 10 incidents which happened in the area under Ghatlodia Police Station happened in

absence of the police.

160. Two witnesses gave oral evidence before the Commission. Mohmed Sulemanbhai,

(W.386 - Exh.649) was then staying in Swagat Apartment in New Vadaj. He has stated that

there were about 15 houses of Muslims surrounded by Hindu residences but due to proper

discharge of duty by the police, no difficulty was caused to the Muslim families.

161. Jagdishbhai Mohanbhai Raval (W.381 – Exh.650) has stated that there was one

incident on 28.2.2002 in which a mob of miscreants had entered and looted the premises of a

cooking gas agency. According to him, he had not played any role in the said incident but he

was wrongly arrested by the police.

162. Dilipbhai Shantilal Mehta who was then Senior Police Inspector of Ghatlodia Police

Station has filed an affidavit wherein details of the incidents stated above and the measures

taken by the police to tackle these incidents have been narrated. He has stated that in some

incidents when the police reached the place mobs ran away on seeing the police.

163. P.N. Barot, Assistant Police Commissioner, “B” Division, ACP S.M. Katara and

Additional CP Shivanand Jha have filed affidavits but these affidavits do not contain more

information than stated above.

164. Dharmesh G. Patel and Ashwin S. Raval of New Jan Shakti Public Charitable Trust

have filed affidavits mainly expressing their personal views and therefore, details of these

affidavits are not referred to here. Dharmesh Patel in his affidavit has appreciated the

measures and steps taken by the Government and the police officers to quell the riots but he

has made a grievance against the media and has alleged that media had violated the code of

conduct. Ashish Raval has alleged inaction on the part of Government as well as the police

and has made certain suggestions which according to him are required to be followed by the

Government and police department. His allegations are vague and devoid of any details.

165. After issuance of Notification dated 5.8.2004, 48 more affidavits have been filed by

private citizens. We have perused these affidavits. In all these affidavits, the deponents have

praised efforts of the police and have appreciated the manner in which they discharged their

duty.

74

166. From the material before us it transpires that no major incident took place here.

Witnesses have said that police did their job with sincerity. Incidents occurred when police

was not there and by the time police received information and reached the spot mobs of

miscreants ran away from the place. There is no evidence to show that the incidents in the

area under this Police Station happened due to instigation by any political or religious leader

or miscreants belonged to any political party or religious organization.

SOLA POLICE STATION

167. The Sola Police Station is in B Division of Zone-I. The area covered under this Police

Station is 27 sq.mts. and the population of the area is approximately 1.50 lakhs. It is mainly of

Hindus. There are stray houses and shops of Muslims but their number is very small. They

vend sundry articles in their small shops or do some labour work. The Highway running

between Sarkhej and Gandhinagar which is popularly known as Sarkhej-Gandhinagar

Highway (now the S.G. Road) partly falls under Sola Police Station and covers length of

about 4 kmts. There is continuous flow of all types of vehicles on this road. Apart from the

Gujarat High Court, there are other important commercial as well as corporate offices situated

on either side of this road. The Sola Civil Hospital is in the neighbourhood of Gujarat High

Court. This area has no history of communal riots and by and large the area is considered to

be peaceful.

168. At the relevant time, the sanctioned strength of this Police Station was 1-Police

Inspector, 5-Police Sub Inspectors, 27-A.S.I./Head Constables, 70 Police Constables, 1-

Woman Head Constable and 2-Woman Police Constables. However, the available strength

was1-Police Inspector, 6-Police Sub Inspectors, 32-A.S.I./Head Constables, 53 Police

Constables and 1-Woman Police Constable. It has only one Police Chowky viz. Sola Police

Chowky.

169. In view of the Godhra incident of 27th

February, 2002 the officer-in-charge of Sola

Police Station also was instructed to maintain vigil over the area. As 54 dead bodies of the

persons of Ahmedabad and Mehsana who had died in the train incident were to be brought to

the Sola Civil Hospital, Police Inspector Mr. M.D. Lathia, who on the relevant day was in-

75

charge of this Police Station, was specially instructed to remain present with adequate police

force at the Sola Civil Hospital and to keep appropriate bandobast in the area. He was also

provided with two platoons of State Reserve Police together with one Commandant and two

Deputy Superintendents of Police to maintain bandobast. He has filed an affidavit dated 1st

July, 2002 (Exh.5047) stating in it that on 28th

February, 2002 in the early hours i.e. around

3.30 a.m. 54 dead bodies were brought to the Civil Hospital at Sola. The relatives of the

deceased persons had flocked to the hospital in large number. The process of identification of

the dead bodies was carried out at the hospital. The bodies which were identified were handed

over to the relatives but those which could not be identified, were taken to Gota Housing

crematorium and they were cremated there. He has stated that though large crowd had

gathered at the Hospital, because of the police bandobast, no untoward incident had taken

place at or near the Hospital.

170. The record of the Police Station shows that in all ten (10) incidents took place between

28th

February, 2002 and 31st May, 2002. Table giving date-wise occurrence of offences is

given below.

Date I. C.R. No. Total

Incidents 27/02/2002 116/02, 151/02 2

28/02/2002 52/02, 53/02, 54/02, 55/02, 60/02 5

01/03/2002 107/02, 111/02 2

03/03/2002 56/02 1

Total :- 10

171. On 27th

February, 2002 two incidents happened.

(i) Between 15.00 hours of 27th

February, 2002 and 17.00 hours of 28th

February, 2002

some persons broke open Naushad Khalidbhai Rajput‟s shop of electric articles in

Chanakyapuri Soceity and committed theft. Naushad lodged the F.I.R. (I CR

No.116/2002) on 19th

June, 2002. Two Hindus were arrested and prosecuted for this

incident. Their trial is pending.

(ii) Between 8.00 p.m. of 27th

February, 2002 and 10.30 a.m. of 28th

February, 2002

property of Bhurekhan Haiderkhan ub Chandlodiya Vishwakarma Soceity was

damaged by the unknown persons. He lodged the FIR (I-CR No.151/2002) on

29.7.2002. Since identity of the miscreants could not be known even after

investigation, the police obtained A summary. Though the span of time stated in the

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FIR streches upto 17:00 hours and 10:30 hours of 28.2.2002 respectively, the police

has considered them to have happened on 27th. Subsequently, the case has been re-

opened and the investigation is still going on.

172. On 28.2.2002 five incidents happened.

(i) Around 19.17 hours P.I. M.D. Lathia found near Jeevan Deep Cross Roads a dead

body of a male completely in burnt condition. He was aged about 30 years. On

inquiry, he learnt that a mob of about 20 persons, around 19.00 hours, had stopped a

truck and asked the driver to get down. He was thereafter doused with some

combustible liquid and then ignited. P.I. Lakhia lodged the F.I.R. (I-CR/52/2002).

Later he was identified as Tahirhussain Allahussain. The police inspite of detailed

investigation could not find the culprits and therefore it obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(ii) On 28.2.2002 some unknown persons entered house of Parvatiben in Ranchhodray

Nagar, Chandlodia and brought out the household articles and burnt them. Her F.I.R.

was registered at I-CR No.53/2002. During the investigation police arrested 4 Hindus

and prosecuted them by filing charge sheet. Their case is pending in the Court. This

house formerly belonged to Hyderbhai and that appears to be reason for the attack.

(iii) Dhulesinh Bhimsinh Rao (Barot) lodged the F.I.R. on 2nd

March, 2002 at 11.15 hours

stating that on 28th

February, 2002, a mob of miscreants had set on fire three trucks

and one jeep near three places viz. Ishwar Petrol Pump, Ramdev Masala and Gujarat

High Court, all on S.G. Highway. The reason for burning the vehicles appears to be

that the owners of the vehicles did not observe the Gujarat Bandh call. The F.I.R. was

registered at I-CR No.54/2002. In the course of investigation eight Hindus were

arrested and they were charge sheeted on 18.4.2002. The case against them is pending.

(iv) Around 10.30 hours a mob of 200 to 300 persons set on fire Hotel Signore and shops

adjoining it in a building known as New York Tower in Thaltej area. Trikambhai alias

Kishan Bhalabhai Rathod lodged the F.I.R. (I-CR./55/2002) on 2nd

March, 2002.

During the investigation, five Hindus were arrested and prosecuted in the Court. Their

trial is pending.

(v) One incident occurred between 19.00 hours and 19.30 hours. In this incident several

cars kept in the show-room of Landmark Honda Company near Gurudwara at Thaltej

Cross roads were burnt. F.I.R. was registered at I CR No.60/2002. During the

77

investigation, fourteen persons of Hindu community were arrested and prosecuted.

Their trial is pending.

173. On 1.3.2002 two incidents occurred.

(i) Lock of a beauty parlour in Krupa Siddhi Apartment was broken and articles lying

therein were stolen. Mohmed Mujtaba Saiyed lodged the F.I.R. (I CR No.107/2002)

on 29th

May, 2002. Since identity of the culprits could not be known even after

investigation, police obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(ii) A mob of about 500 persons broke the shutter of Diamond Auto Garage in Suvas

Shopping Complex and took away spare parts. Garage belonged to Mohmed Yasin

Abdul Rehman who at the time had gone on a pilgrimage. He lodged the F.I.R. (I CR

No.111/2002) on 5th

June, 2002. The culprit could not be found despite investigation.

Therefore the police obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

174. On 3rd

March, 2002, around 14.30 hours, some persons caused death of one person on

a public road in Chanakyapuri with a dagger. The deceased was a Hindu but the mob took

him to be Muslim and assaulted him. He was identified as Bharatbhai Prajapati. Shaileshbhai

Lalbhai Prajapati lodged the F.I.R. (I CR No.56/2002). After investigation, Narendrasinh alias

Pradip Mahendrasinh was charge sheeted. He was acquitted by the Court.

175. The material relating to the incidents discloses that right from 27.2.2002 incidents

started happening here. On that day two incidents happened. On the following day i.e. on

28.2.2002 the number of incidents increased to five but it came down to two on 1.3.2002 and

then on 3.3.2002 only one incident happened. Thereafter there was complete peace in this

area. There were six cases of arson involving shops and seven cases of breaking the shutters

and looting the shops. In one case house was damaged and house-hold articles worth

Rs.50,000/- were burnt. In these incidents two houses of Muslims and one house of Hindu

were damaged due to fire and 7 vehicles of Muslim and one vehicle of Hindu were almost

destroyed by fire. Further two houses of Muslim and one house of Hindu were damaged by

the mobs by breaking them. Out of these ten incidents one incident occurred in night whereas

nine incidents occurred during day. Two persons lost their lives. One of them was a Muslim.

He died on 28th

February, 2008 due to injuries sustained by him in rioting. One Hindu lost his

life due to assault on him. This was a case of mistaken identity. Police was not present when

78

both these incidents occurred. Maximum number of incidents in a day occurred on 28th

February, 2002 i.e. five incidents.

176. Out of 10 incidents in 6 incidents there was involvement of Hindus as culprits. In 3

incidents though the Muslims were the victims the culprits could not be found. In one incident

identify of the deceased victim could not be ascertain nor could the culprits be found.

177. Most of the incidents happened when police was not present. In one incident where it

was present the police had lobbed 16 teargas shells to disperse the mob. In these incidents,

after investigation 34 persons were arrested. The police submitted charge sheet in six cases.

Out of them one case is over and five are pending. In four cases „A‟ summary was prayed for

and granted but subsequently these cases have been reopened.

178. Jaswant Kacharabhai Prajapati (Witness No.376 at Exh.644) and Jairambhai

Sartanbhai Desai (Witness No.378 Exh.647) have given deposition before the Commission.

They have stated that Rajkamal Restaurant which is situated just near their residences was set

on fire by miscreants but the police arrived there in time and saved two persons who were

working as waiters there and also the restaurant from further burning.

179. Shaileshbhai Jayantilal Trivedi, (witness No.379 Exh.648) has also spoken about the

Rajkamal Restaurant incident. He has also stated about the show-room of Honda City Car

having been set on fire and the measures taken by the police to retrieve the expensive cars.

180. M.D. Lathia has stated in his affidavit that in the incident which occurred in New York

Tower, when police reached the spot, crowd had already gone away after setting the hotel on

fire. The police made an attempt to call the fire brigade but it was not available, however, they

rescued persons trapped in the building by placing ladders. He has further stated that in other

incidents the drivers belonging to Muslim community were rescued by the police on the S.G.

Highway and were sent to safe places. Apart from the above incidents, he has also stated that

in accordance with the instruction given to him by higher authority, he had gone to Kalupur

Railway Station and escorted the passengers of Sabarmati Express train who had arrived at

Kalupur Railway Station in the afternoon and arranged to send them to their destinations. He

has also filed two more affidavits, one is dated 12th

January, 2004 and the other is dated 30th

September, 2004. Affidavit of 12th

January, 2004 has been filed in respect to the evidence of

Kishanbhai Bhalabhai Rathod witness No.382 Exh.651 who has stated that Hotel Signore was

set on fire but the police had arrived at the spot about one and half hour after the attack. The

P.I. in his affidavit has tried to explain this delay by stating that he was maintaining bandobast

at Sola Civil Hospital and around 11.30 hours when he learnt about the attack on the New

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York Tower, he with his police party started for the place but on way they noticed a riotous

mob attacking vehicles on the road and therefore, they had to stop there to disperse the mob.

There the police had lobbed 16 teargas shells. Thereafter they reached New York Tower

around 11.45 a.m. By then the crowd had left the spot. It is stated that in spite of absence of

Fire Brigade, the police rescued several persons, mainly the occupants of the Hotel who were

trapped in the premises. PI Lathia has also referred to evidence of other witnesses who have

appreciated the working of the police in this area during riots. He has given details about the

hours during which he had performed the duty between 27th

February and 8th

March, 2002.

The details show that almost on all these days he was on duty for more than 16 hours a day.

Affidavit of 30th

September, 2004 is with respect to the period from 1st May, to 31

st May,

2002. Apart from PI Lathia, P.N. Barot, ACP, has filed two affidavits. First affidavit is dated

1.7.2002. In this affidavit except giving some details regarding offences and the persons

arrested in connection with these offences he has stated nothing more about the incidents. He

has stated that apart from arresting persons liable for committing aforesaid incidents, two

persons were detained under section 151 of Cr.P.C., two persons under section 135 of

Bombay Police Act, 14 persons under section 107 of Cr.P.C. and 3 persons under section 110

of Cr.P.C. In the second affidavit which is dated 14.10.2004 he has given some details about

the incident which happened on 1.3.2002 but the FIR about it was lodged on 29.5.2002. S.M.

Katara, Deputy Police Commissioner of Zone-I and Shivanand Jha, Additional Police

Commissioner, Sector-1 have filed affidavits but they have not stated anything about the

incidents occurring in the area under Sola Police Station.

181. No one from the public had filed an affidavit in response to the first Notification.

However, three affidavits have been filed after issuance of Notification dated 5.8.2004.

Gulamnabi Rasulbhai who is a partner of Rajkamal Restaurant, has filed an affidavit wherein

he has stated that due to the damage caused to his restaurant on 28.2.2002, he had suffered

loss of Rs.35 lakhs but no compensation has been given to him. In two other affidavits

deponents have appreciated the role performed by the police and have stated that because of

sincere performance of duty by police, peace was maintained and the life was almostn normal

in their area. There is no material to show that there was involvement of any political or

religious leader or any political party or religious organization.

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SHAHPUR RANGILA POLICE STATION

182. This Police Station is in „C‟ Division of Zone-II of Sector-I of the city. It has five

police chowkies viz. (1) Khanpur Police Chowky, (2) Delhi Chakla Police Chowky, (3)

Rangila Police Chowky, (4) Shahpur Andar (inside) Police Chowky and (5) Nagoriwad Police

Chowky. The sanctioned strength of this Police Station was 2-Police Inspectors, 14-Police

Sub Inspectors, 52-Head Constable, 120-Police Constables, 1-Woman Head Constable and 2-

Woman Constables. However, at the relevant time, its actual strength was 2-Police Inspectors,

9-Police Sub Inspectors, 51-Head Constable, 111-Police Constables, 2-Woman Police

Constables. Area under this Police Station is situated on the Eastern side of the river

Sabarmati. In the East of it there are the boundaries of Dariyapur and Kalupur Police stations,

whereas in the South there is boundary of Karanj Police Station, in the North there is

boundary of Madhupura Police Station and in the West there is river. Its area is 5 sq.kmts. It

has got mixed population. At relevant time the total population was around 2,48,000. The

population of Hindus was about 1,25,000 and that of Muslims about 1,22,000. There were

about 1500 others. The population is mainly of middle class and labour class and the people

are not much educated. Area under this Police Station is considered to be very sensitive from

the communal point of view. It has got long history of communal riots. The people in this area

immediately react to any sensitive communal issue and many a times it results into communal

riots. This is mainly because of the mixed population of lowly educated or totally uneducated

people and there are many pockets where the Muslims are surrounded by Hindus and vice

versa, there are pockets where the Hindus are surrounded by Muslims. The topography of the

area is also such that police cannot have easy access to the inner parts of these localities.

There are areas known as Kani Khan vistar, Limda Chowk, Halim Ni Khadki, Momnawad,

Mangal Parekh No Khancho, Vanmali Vanka Ni Pole, Shahpur Akhada, Nagoriwad Tekro,

the slum area near Khanpur Gate, Shanker Bhuvan, etc. where Hindus and Muslims have their

houses almost adjoining each other. Because of narrow, winding and zigzag roads, police are

not able to take vehicles inside these localities and whenever there is communal trouble, the

police have to reach there on foot. The communal incidents keep on occurring here, even at

times when rest of the city is peaceful. Considering the sensitivity of the area 29 permanent

S.R.P. points have been established. Like earlier riots during the present riots also the area

under this Police Station was considerably affected.

81

183. Kantibhai Mangaldas Patel, Sr. Police Inspector then attached to this Police Station in

his affidavit (Exh.5022) has narrated the aforesaid details and has also stated about the

incidents of riots between 27th

February, 2002 and 31st May, 2002. It shows that on 27

th

February, 2002, the day on which the Sabarmati Express train incident at Godhra occurred, no

untoward incident took place in this area, however considering agitated mood of Hindus and

the „bandh‟ call given by Vishwa Hindu Parishad and Bajrang Dal, all necessary

precautionary measures were ordered to be taken by his superior officers. Adequate care was

taken to see that the people were not misled by rumours and they were not instigated by the

mischievous elements. In view of the Bandh call on 28th

February, 2002, intensive patrolling

was carried out and adequate bandobast of the police was made at highly sensitive points.

Despite that on 28th

7 communal incidents occurred. During the relevant period, total 56

communal incidents were reported at the Police Station. Table giving date-wise occurrence of

incidents is given below.

Date I. C.R. No. Total

Incidents 28/02/2002 35/02, 36/02, 37/02, 38/02, 39/02, 40/02, 41/02 7

01/03/2002 42/02, 43/02, 44/02, 45/02, 46/02, 47/02 6

02/03/2002 48/02, 49/02 2

03/03/2002 50/02 1

04/03/2002 51/02 1

15/03/2002 57/02, 58/02, 59/02, 60/02, 61/02, 62/02, 63/02, 64/02, 65/02 9

22/03/2002 66/02 1

26/03/2002 68/02, 69/02 2

27/03/2002 71/02 1

01/04/2002 73/02 1

15/04/2002 80/02 1

16/04/2002 81/02 1

18/04/2002 83/02 1

21/04/2002 88/02, 90/02 2

22/04/2002 89/02, 91/02, 92/02, 94/02, 95/02, 96/02, 97/02, 98/02, 99/02 9

23/04/2002 100/02, 101/02 2

24/04/2002 102/02 1

05/05/2002 107/02, 108/02, 109/02, 110/02 4

06/05/2002 112/02 1

08/05/2002 113/02 1

09/05/2002 114/02 1

10/05/2002 115/02 1

Total :- 56

184. There was no communal incident related to the Godhra incident on 27.2.2002.

185. On 28th

February, 2002 seven incidents happened.

(i) Between 13.00 hours and 14.45 hours, in Vanmali Vanka Ni Pole and Kumbharwadi

Pole as well as area around these poles, a mob of about 1000 Muslims armed with

82

swords, iron pipes and other similar kinds weapons, attacked houses of Hindus and

also pelted stones. To retaliate, a mob of around 800 Hindus gathered and started

pelting stones at the Muslim mob. The police rushed to the spot and opened fire, due

to which one Shahid Ahmed Abdul Hamid Shaikh received an injury and died while

taking treatment in the hospital. SRP Constable Mohanbhai Arjanbhai lodged the FIR

(I-CR No.35/2002) against deceased Shahid Ahmed and unknown 1000 Muslims as

well as 800 Hindus. During investigation police arrested two Hindus and filed charge

sheet against them. The Court acquitted them.

(ii) Between mid-night and 11.00 hours of the following day, a mob of 1500 Hindus near

Shanker Bhuvan, Shahpur, broke open shops of Muslims, brought out goods therefrom

and burnt them. Police on receiving message went there but by that time the mob had

run away. P.I. K.M. Patel of Shahpur Police Station lodged the F.I.R. (I-CR

No.36/2002) against 1500 unknown Hindus. Police even after investigation could not

find out the culprits and therefore, prayed for A summary and then closed the case.

The case was reopened and investigated but even thereafter, the police submitted

application dt.29.1.12 but the same hass yet not been decided.

(iii) Between 11.30 hours and 12.15 afternoon mobs of around 100 Hindus and 1500

Muslims attacked each other. They damaged shops and burnt goods and furniture.

Police on receiving message reached there and lobbed teargas shells. The mobs

dispersed thereafter. This incident occurred near Halim‟s Khadki. PSI M.M. Adhyaru

of Nagoriwad Chowky lodged the F.I.R. (I-CR No.37/2002). Police arrested 8 Hindus

and charge sheeted them. The court acquitted them.

(iv) Mobs of Hindus and Muslims, in the area known as Pittalia Bamba and Gheekanta,

pelted stones at each other between 12.45 hours and 14.00 hours and also looted shops

and burnt goods. The police reached there and resorted to Lathi charge. The

miscreants then ran away. PSI S.M. Parmar of Shahpur Police Station lodged the

F.I.R. (I-CR No.38/2002). Even after investigation, police could not find the culprits

and therefore, it obtained „A‟ summary and closed the case. The case was reopened

and investigated but even thereafter, the police submitted application dt.26.7.10 but

the same hass yet not been decided.

(v) Between 13.50 hours and 14.25 hours mobs of Hindus and Muslims of around 1000

men attacked each other and also destroyed vehicles, burnt goods and set on fire

certain residential houses near Preyash High School and Haji Kasai Chawk. They also

83

pelted stones at the vehicles of the police when they reached there. Three rounds from

the service revolver were fired. Thereafter the mobs ran away. PSI M.F. Thakur of

Shahpur Police Station lodged the F.I.R. (I-CR No.39/2002). Police arrested 9 persons

(7 Hindus and 2 Muslims) and charge sheeted them. Their trial is pending.

(vi) Mobs of Hindus and Muslims, in the areas known as Chunara Khancho, Tripathi Hall

and Jivan Kamalshi Pole, attacked each other by pelting stones between 13.05 hours

and 15.00 hours. Police on receiving message reached there and fired two rounds from

service revolver in air. Mobs ran away from there but the mob of Muslims broke open

shops of Hindus near Tripathi Hall, burnt their goods and also vehicles. Police again

fired two rounds from the service revolver. The Muslim mob ran away. PSI A.D.

Shrivastava lodged the F.I.R. (I-CR No.40/2002). Since the police could not find out

culprits even at the end of the investigation, it obtained „A‟ summary and closed the

case. The case was reopened and investigated but even thereafter, the police submitted

application dt.29.1.12 but the same hass yet not been decided.

(vii) At about 20.45 hours, near Sarkiwad, Kidi-Pada Ni Pol, a mob of about 200 persons

started pelting stones and burning rags on the residential houses. The police went there

and lobbed teargas shells and also fired two rounds from 303 Rifle. The miscreants ran

away. PSI M.M. Adhyaru lodged the F.I.R. (I-CR No.41/2002). Since the police could

not find the culprits even after investigation, it obtained „A‟ summary and closed the

case. The case was reopened and investigated but even thereafter, the police submitted

application dt.29.1.12 but the same hass yet not been decided.

186. On 1st March, 2002 six incidents took place.

(i) At about 11.00 hours, a mob of 1000 to 1500 Hindus attacked shops of the Muslims

and burnt goods and furniture in the area known as Pittalia Bamba on Gheekanta road.

Police received information about this incident and rushed there. They lobbed teargas

shells and dispersed the mob. PSI S.M. Parmar lodged the F.I.R. (I-CR No.42/2002).

Since the police could not detect the culprits, even after investigation, it obtained „A‟

summary and closed the case. The case was reopened and investigated but even

thereafter, the police submitted application dt.25.2.11 but the same hass yet not been

decided.

(ii) At about 10.30 hours, mobs of Hindus and Muslims, on the main road near Halim

Khadki pelted stones at each other and also broke open shops and destroyed goods.

84

Police reached there and lobbed teargas shells. Thereafter the miscreants ran away.

PSI M.M. Adhyaru lodged the F.I.R. (I-CR No.43/2002). Since the police could not

find out the culprits, even after investigation, it obtained „A‟ summary and closed the

case. The case was reopened and investigated but even thereafter, the police submitted

application dt.29.1.12 but the same hass yet not been decided.

(iii) Around 14.15 hours a mob of Hindus armed with dangerous weapons like swords, iron

pipes, etc. near Bhavsar Chowk, created atmosphere of terror. A mob of Muslims of

about 200 persons also gathered near the Police Point and started pelting stones.

Hindus damaged houses of Muslims and set them on fire. Policemen present at the

point lobbed teargas shells as well as fired number of rounds from their service

weapons. More police reached there and they also lobbed tear gas shells and opened

fire. The miscreants then ran away. However, police was able to apprehend two

persons named Mohmed Rafiq Meman and Akhtar Sultanbhai Ajmeri on the spot. As

two persons named Indravadan Maneklal Barot and Darshan Jagdishbhai Bhavsar had

received injuries, they were removed to the hospital. Darshan Bhavsar died

subsequently. SRP Constable Babubhai Virabhai Rohit lodged the F.I.R. (I-CR

No.44/2002). The afore-stated four persons were named in the FIR but after

investigation only three were charge sheeted. The case against them is pending.

(iv) In the area near and around Ramniya Pan House near Halim Ni Patti mobs of Hindus

and Muslims pelted stones at each other and broke open shops and set the goods on

fire. Police on receiving message, went there and lobbed teargas shells to disperse the

mobs. PI K.M. Patel of Shahpur Police Station lodged the F.I.R. (I-CR No.45/2002).

The police arrested one Muslim and filed charge sheet against him. His trial is

pending.

(v) At about 14.30 hours mobs of Hindus and Muslims, near Ottam Pol, pelted stones at

each other. Police soon reached there and lobbed teargas shells. The miscreants ran

away. PSI M.M. Adhyaru of Shahpur Police Station lodged the F.I.R. (I-CR

No.46/2002). Since the police could not find out the culprits, even after investigation,

it obtained „A‟ summary and closed the case. The case was reopened and investigated

but even thereafter, the police submitted application dt.29.1.12 but the same hass yet

not been decided.

(vi) Mobs of Hindus and Muslims attacked each other near Preyash School with dangerous

weapons. They also entered the premises of the School and damaged its furniture.

85

There was a police point at that place. Police lobbed teargas shells and opened fire.

Two persons viz. Nizam Ramjani Shaikh and Jakir Hussain Ajmeri received injuries

due to firing and Ashif Hanifbhai Kagdi received an injury due to a teargas shell. SRP

ASI Nathalal D. Pandya lodged the F.I.R. (I-CR No.47/2002). After investigation the

police arrested 11 persons, 5 Muslims and 6 Hindus and charge sheeted them. The

case against them is pending.

187. On 2nd

March, 2002 two incidents happened.

(i) At about 12.30 after midnight, mobs of Hindus and Muslims consisting of 400 to 500

persons near Sardar Kunj Society Police Point, pelted stones at each other. Police

apprehended two persons viz. Fazlikhan Naushirkhan Pathan and Mehbubkhan

Alikhan Pathan on the spot. Bhailalbhai Himatlal Patel of SRP Group lodged the

F.I.R. (I-CR No.48/2002). Police submitted a charge sheet against those two persons.

Trial is pending against them.

(ii) At about 7.45 hours, in the area known as Bavano Vando, behind Nagori Chowk,

mobs of Hindus and Muslims threw stones, glass bottles, acid filled bulbs and burning

rags at each other. Police reached that place and lobbed teargas shells. It then opened

fire. PSI M.M. Adhyaru lodged the F.I.R. (I-CR No.49/2002). Since the police could

not find out the culprits even after investigation, it obtained „A‟ summary and closed

the case. The case was reopened and investigated but even thereafter, the police

submitted application dt.29.1.12 but the same hass yet not been decided.

188. On 3rd March, 2002 at about 9.55 p.m. a mob of around 800 to 1000 Muslims armed

with swords and burning rags, came from Mirzapur side near Takiya Masjid and burnt some

vehicles and created atmosphere of terror. Since the mob was likely to commit more violence.

Police lobbed teargas shells and also opened fire. It apprehended one person viz. Sirajuddin

Moyuddin on the spot. Other miscreants were also identified by the eye witnesses of the

incident,.PSI M.M. Adhyaru of Shahpur Police Station lodged the F.I.R. (I-CR No.50/2002).

Seven persons were arrested by the police and charge sheeted. Their trial is pending.

189. On 4th March, 2002 at about 10.30 a.m. persons named Dinesh Marwadi and Kanu

Marvadi assaulted Femidabanu wife of Mohmed Ishaq Karimbax Shaikh and caused her

injuries with a razor. She lodged the F.I.R. (I-CR No.51/2002) at 1.00 p.m. Police prosecuted

those two persons by submitting charge sheet. Trial against them is pending.

86

190. On 15th March, 2002 nine incidents happened.

(i) Around 4.00 hours, brother and nephew of Gangaram Atmaram Parmar were going

home on a scooter. They were accosted by a mob of 50 Muslims near Lal School,

Shahpur. After ascertaining that they were Hindus, this mob attacked them with

daggers and knives and caused serious injuries. His nephew Nitesh died due to the

injuries whereas Ganpatbhai despite receiving serious injuries survived. Gangaram

lodged the F.I.R. (I-CR No.57/2002). Two persons viz. Ibrahim alias Ibu Kalu

Mansuri and Iqbal Dadhi were identified as the assailants alongwith other unidentified

persons. They were arrested and then charge sheeted. However, the case against them

has abated.

(ii) In Nagoriwad, Maliwali Chawl and Hajamwadi areas mobs of Hindus and Muslims

confronted each other and hurled Soda water bottles, stones and burning rags. The

police reached the spot and lobbed teargas shells and thereafter fired rounds from their

service weapons. They also apprehended four persons. PSI M.M.Adhyaru lodged the

F.I.R. (I-CR No.58/2002). During investigation police arrested 8 more persons and

prosecuted in all 13 persons, six Hindus and seven Muslims. The case against them is

pending.

(iii) Around 15.30 hours, mobs of Hindus and Muslims of approximately 500 persons

each, in Shahpur Chakla area, threw stones at each other. The police reached there and

lobbed teargas shells and thereafter fired few rounds from their service weapons.

Police as well as Army Jawans with them apprehended on the spot, Yasin Gabruddin

Luhar with a hand made rocket launcher, Yusuf Gabruddin Luhar with a similar rocket

launcher and explosive powder with small nails filled in small and big glass bottles

and also Ramesh Jayantibhai Vaghri. PI V.L. Solanki lodged the F.I.R. (I-CR

No.59/2002). The police prosecuted three persons by submitting a charge sheet. Their

trial is pending.

(iv) Near Shahpur Vanmali Vankani Pol, a mob of 100 to 150 Muslims, around 14.15

hours halted Nimesh alias Gulu Anilbhai Shah and caused him serious injuries with

dangerous weapons like Gupti, sword and iron pipes. He lodged the F.I.R. (I-CR

No.60/2002). The police prosecuted four persons. The case against them is pending.

(v) At about 4.00 p.m., in Shahpur Rangila Pol and surrounding areas, mobs of Hindus

and Muslims threw burning rags, glass bottles etc. at each other and also set on fire

certain residential houses. Police on receiving the message reached there and opened

87

fire and lobbed teargas shells. PI K.M. Patel lodged the F.I.R. (I-CR No.61/2002). The

police prosecuted eight persons 7 Muslims and one Hindu after investigation. The case

against them is pending.

(vi) At about 14.30 hours a mob of around 100 Muslims surrounded Bipinbhai Dahyabhai

Chavda who was going on a scooter, near Khanpur Union Bank on the main road and

caused him injuries with iron pipes and robbed him of his gold chain and gold ring. He

lodged F.I.R. (I-CR No.62/2002). The police during investigation arrested two persons

and charge sheeted them. The case against them is pending.

(vii) Mobs of Hindus and Muslims consisting of around 200 and 700 persons respectively

in Mehsania Vas, behind Shahpur Rangila Chowky and other areas attacked each other

by pelting stones and glass bottles. The police learnt about the incident and went there.

They lobbed teargas shells and thereafter fired rounds from their service weapons. PSI

B.H. Sisodia of Rangila Police Chowky lodged the F.I.R. (I-CR No.63/2002). Police

apprehended six persons on the spot and during investigation arrested six more,

however, Police ultimately charge sheeted 11 persons, one Hindu and ten Muslims.

The case against them is pending.

(viii) Mobs of Hindus and Muslims of around 500 and 700 persons respectively gathered

near Delhi Chakla at about 17.45 hours and indulged in rioting. Hindus tried to break

open shops of the Muslims. The police fired three rounds from .303 Rifle. So the mobs

ran away. ASI Thavraji Dhanji Pandav lodged the F.I.R. (I-CR No.64/2002). Since the

police could not find out the culprits even after investigation, it obtained „A‟ summary

and closed the case. The case was reopened and investigated but even thereafter, the

police submitted application dt.29.1.12 but the same hass yet not been decided.

(ix) Around 14.30 hours a mob 100 to 150 Muslims attacked daughter of Babubhai

Anandbhai Rajpara who was returning after appearing in her examination. Babubhai

was with her. The incident happened near Shahpur Lal School. There was firing from

private weapon. He lodged the F.I.R. (I-CR No.65/2002) immediately. Since the

police could not find out the culprits even after investigation, it obtained „A‟ summary

and closed the case. The case was reopened and investigated but even thereafter, the

police submitted application dt.29.1.12 but the same hass yet not been decided.

191. On 22nd March, 2002 between 22.00 hours and 22.15 hours mobs of Hindus and

Muslims of around 50 persons each, near the Tent of SRP between Khanpur Kalyani Vas and

Khanpur Bhil Vas, attacked each other by pelting stones and glass bottles. The police lobbed

88

hand grenade and teargas shells. SRP Police Constable Popatbhai Bhurabhai Todia lodged the

F.I.R. (I-CR No.66/2002) at 11.00 p.m.. Despite investigation police could not find out the

culprits and therefore, it obtained „A‟ summary and closed the case. The case was reopened

and investigated but even thereafter, the police submitted application dt.29.1.12 but the same

hass yet not been decided.

192. On 26th March, 2002 two incidents happened.

(i) At about 7.30 p.m. while Rameshbhai Jinabhai Dantaniya was answering the call of

nature in Municipal Public lavatory, he was attacked by four Muslims saying that

since he was a Hindu, he was to be killed. He was caused injuries with knife on

various parts of his body. He lodged the F.I.R. (I-CR No.68/2002). After the trial the

accused were acquitted.

(ii) As a repercussion of the above incident, at about 19.35 hours, in the area between

Sarkiwad and Ramesh Chowk, mobs of 500 to 700 persons each, of Hindus and

Muslims pelted stones at each other and indulged in rioting. The police reached there

and lobbed teargas shells. Police also apprehended ten persons on the spot. ASI

Bhaludan Sagardan Gadhvi of Shahpur Police Station lodged the F.I.R. (I-CR

No.69/2002). After investigation police arrested, in all, 29 persons and charge sheeted

them. The case against them is pending.

193. On 27th March, 2002 at about 7.45 hours, mobs of around 1000 Hindus and 700 to

900 Muslims, in Kanji Chowk, Jagdish Colony, Sarki Vad, Ramesh Chowk, Karunasagar

Mandir and Kidi-Pada Ni Pol, attacked each other with stones, pipes and by throwing burning

rags, acid filled bulbs and also damaged properties. On receiving message from the policemen

present there senior police officers went to that place with their men and to bring the situation

under control they fired several rounds and apprehended 20 persons on the spot. SRP ASI

Dharampalsinh Amarpalsinh Rajput lodged the F.I.R. (I-CR No.71/2002). During

investigation police apprehended one more culprit and charge sheeted in all 21 persons, 15

Muslims and 6 Hindus. Their trial is pending.

194. On 1st April, 2002 at about 10.45 p.m., mobs of 1000 Hindus and Muslims assaulted

each other by throwing stones, burning rags, kerosene filled bottles and created atmosphere of

terror. SRP and other policemen who arrived there on receiving the message lobbed teargas

shells and also fired several rounds from their service weapons. They also apprehended 20

persons from both the communities on the spot. SRP Police Constable Gulabbhai Mahadubhai

89

Pawar lodged the F.I.R. (I-CR No.73/2002). Police, in all, arrested 28 persons, 11 Hindus and

15 Muslims and charge sheeted them. The trial against them is pending.

195. On 15th April, 2002 near Bava Na Vanda, Nagoriwad, Shahpur a mob of about 400 to

500 Hindus pelted stones and also hurled glass bottles towards the Muslim localities at about

21.15 hours. Some policemen who were present there made lathi charge. Mob attacked them

also. More police was called and they lobbed teargas shells. PSI M.M. Adhyaru of Nagoriwad

Police Chowky lodged the F.I.R. (I-CR No.80/2002). After investigation police arrested 4

persons of Hindu community and charge sheeted them. The trial against them is pending.

196. On 16th April, 2002 at about 9.15 p.m., a mob of about 200 Muslims pelted stones and

caused injuries to some policemen. The police lobbed teargas shells as well as fired rounds

from their service weapons. Eight miscreants were apprehended on the spot. PSI B.H. Sisodia

lodged the F.I.R. (I-CR No.81/2002). After investigation police charge sheeted those eight

persons. The trial against them is pending.

197. On 18th April, 2002 at about 3.40 p.m., mobs of about 400 to 500 Hindus and

Muslims pelted stones at each other in Ram Chowk, Nagoriwad area. The police and SRP

rushed there on hearing explosion and lobbed teargas shells. Head Constable Suryakant

Dahyalal of Shahpur Police Station lodged the F.I.R. (I-CR No.83/2002). Since the police

could not find out the miscreants even after investigation it obtained „A‟ summary and closed

the case. The case was reopened and investigated but even thereafter, the police submitted

application dt.29.1.12 but the same hass yet not been decided.

198. On 21st April, 2002 two incidents happened.

(i) At about 9.45 p.m. in the areas of Sarkiwad, Ram Chowk, Ramesh Chowk, Kalyani

Chowk, Burkha Pesh Masjid, mobs of Hindus and Muslims pelted stones, brickbats

and burning rags from terraces of their residential houses. The mobs also busted fire

crackers and exploded hand made bombs. Police soon reached there and lobbed

teargas shells and then fired rounds from their service weapons. Several persons were

injured due to firing as well as lobbing of shells. Zakirmiya Sheikh and Mohmed

Sadik Sheikh died during treatment. PI K.M. Patel of Shahpur Police Station lodged

the F.I.R. (I-CR No.88/2002) at 11.50 p.m. Police arrested 7 persons, 3 Muslims and 4

Hindus and submitted charge sheet against them. Their trial is pending.

(ii) At about 10.45 p.m. a mob of about 500 to 700 Hindus opposite R.C.High school near

the house of Jahangir Haji Fateh Mohmed Saiyed, threw stones, glass bottles and

burning rags and caused damage to the residential houses of Muslims. By the time the

90

police arrived there the miscreants fled away from the place. Jahangir lodged the

F.I.R. (I-CR No.90/2002). After investigation police arrested 15 persons and charge

sheeted them. The trial against them is pending.

199. On 22nd

April, 2002 9 incidents happened.

(i) A mob of about 200 Hindus, between 22.05 hours and 23.15 hours indulged in rioting

and attacked Amirmiya and Nazrinbibi alias Pakeezabibi with dangerous weapons.

They caused death of both these persons. They also damaged houses of Muslims and

set them on fire. The police was not present when the incident occurred in Mithan

Saiyed Ni Chawl, behind Barfiwala Hall, Khanpur. Bachumiya Madumiya Pathan

lodged the F.I.R. (I-CR No.89/2002). Police arrested and prosecuted 27 persons. After

trial 13 persons were convicted by the Court.

(ii) At about 21.30 hours, mobs of about 100 to 150 Hindus and Muslims, in Ottam Pol,

Soni Chawl, threw stones, bottles filled with combustible liquid and burning rags at

each other. Police from the nearby police point reached there and took action initially

by lobbing shells and thereafter firing several rounds in air from their service

weapons. One person named Mohmed Ahsan Mohmed Ramjan Shaikh was injured.

He died subsequently. SRP Second Head Constable Rohitas Dhonaram Jat lodged the

F.I.R. (I-CR No.91/2002). After investigation police arrested one Muslim and charge

sheeted him. The trial against him is pending.

(iii) A mob of about 700 to 850 Hindus led by a person named Maheshmitra threw stones,

glass bottles and burning rags on the houses of Muslims around 9.15 hours. The

incident occurred near Soni Ni Chawl. Policemen on patrolling duty arrived there and

lobbed teargas shells and also fired some rounds in air to scare the mob. They arrested

several persons on the spot. Some Muslims had received injuries in the incident. PSI

M.M Adhyaru lodged the F.I.R. (I-CR No.92/2002). During investigation police

arrested some more persons and prosecuted in all 18 persons. The trial against them is

pending.

(iv) At about 14.35 hours Minaben wife of Harshadkumar Mangaldas Shah heard shouts of

her husband from behind while they were walking on the road near Vishwa Bharati

School. When she turned around she saw her husband lying on the ground on his

belly. There was dagger stuck in his left side waist. He was taken to a hospital in

police van but later he was declared dead. She lodged the F.I.R. (I-CR No.94/2002).

She was not able to identify any-one as the assailant of her husband. The police also

91

could not find out the assailant even after investigation and therefore, it obtained „A‟

summary and closed the case. The case was reopened and investigated but even

thereafter, the police submitted application dt.29.1.12 but the same hass yet not been

decided.

(v) Mobs of 1500 Muslims and 1000 Hindus around 15.00 hours, in Sarkivad, Ram

Chowk and Ramesh Chowk areas hurled burning rags, brickbats, glass bottles and

stones at each other. There was a Police Point on the terrace of a house. Mobs also

attacked these policemen. Police therefore fired several rounds from their service

weapons as well as lobbed teargas shells. SRP Police Constable Nathusinh Dipsinh

Chauhan lodged the F.I.R. (I-CR No.95/2002). The police arrested one person named

Habibkhan Pathan and charge sheeted him. The case against him is pending.

(vi) Between 14.30 hours and 16.00 hours, near Bhilvas, Khanpur Police Point, Muslims

and Hindus indulged in rioting by throwing burning rags, stones, glass bottles, etc.

against each other, damaged residential houses and vehicles and attacked the police.

Sr. P.I. K.M. Patel received injuries due to that attack. Police lobbed teargas shells and

hand grenade and thereafter fired 5 rounds from their service weapons. Two persons

viz. Akbarhussain Nazirhussain Shaikh and Manojbhai Darshanbhai received injuries

due to firing. Police Constable Virbhadrasinh Natwarsinh lodged FIR (I-CR

No.96/2002). The police arrested five persons, one Hindu and 4 Muslims and charge

sheeted them. The Court acquitted them.

(vii) A mob of around 500 Muslims from Khanpur Gate and 100 Muslims from Lane of

Rifle Club between 14.30 hours and 16.00 hours, surrounded huts of Hindus in

Kharivadi area. Ashok Valjibhai Dabhi was attacked and injured with a sword by two

of the miscreants. Mobs also set on fire certain residential houses. The police rushed to

that place and dispersed the mob. Police also apprehended 36 persons on the spot.

Ashok lodged the FIR (I-CR No.97/2002). The police charge sheeted 36 persons. The

trial against them is pending.

(viii) A mob of around 300 Muslims, near Golwad Police Point attacked Hindus between

15.00 hours and 17.30 hours. They pelted stones as well as threw burning rags, glass

bottles, etc. Around 200 Hindus gathered there and retaliated in the same manner.

Police initially lobbed teargas shells but subsequently fired rounds from their service

weapons. 3 Muslims died in this firing. S.R.P. Police Constable Punambhai Jivabhai

92

lodged FIR (I-CR No.98/2002). The police arrested 27 persons, 24 Muslims including

2 ladies and 3 Hindus and charge sheeted them. The trial against them is pending.

(ix) At about 17.30 hours, in the areas known as Sarkiwad, Burkha Posh and Moto

Kumbhar Vado, mobs of 500 Hindus and 500 Muslims attacked each other by

throwing glass bottles, stones, brickbats, burning rags and acid filled bulbs. This

happened near Ram Chowk Police Point. Police opened fire from their service

weapons. Mobs ran away. Unarmed Head Constable Suryakant Dahyalal Mehta

lodged the FIR (I-CR No.99/2002). The police charge sheeted 3 Hindus. The trial

against them is pending.

200. On 23.4.2002 two incidents occurred.

(i) Between 15.00 hours and 17.00 hours, mobs of about 200 to 250 Hindus and Muslims

attacked each other. When the police on receiving information reached there mobs

also attacked the police. The police lobbed teargas shells as well as fired rounds from

their service weapons and dispersed the mobs. One Hindu died in police firing. Head

Constable Pravinsinh Kanaksinh lodged FIR (I-CR No.100/2002). The police charge

sheeted three persons all Muslims by filing a charge sheet. The trial against them is

pending.

(ii) Between 4.00 p.m. and 18.30 hours, mobs of 100 Hindus and 300 Muslims threw

stones, glass bottles, burning rages etc against each other near Vanmali Vanka SRP

Point. They also set on fire residential houses and created atmosphere of terror. The

police was present and lobbed teargas shells and also fired rounds from their service

weapons. Two Muslims died due to police firing. Head Constable Bhupatbharathi

Gukalbharathi lodged FIR at 9.15 p.m. (I-CR No.101/2002). The police charge

sheeted ten persons all Hindus. They were ultimately acquitted.

201. On 24.4.2002 at about 14.15 hours police on receiving information found a dead body

lying near Saiyed Ni Chawl. On inquiry, police learnt that it was the dead body of Mohmed

Iqbal Jafarbhai Sodawala and some person had caused him fatal injuries. The incident seemed

to have occurred between 11.00 a.m. and 11.55 a.m. PSI M.F. Thakore of Khanpur Police

chowky lodged FIR (I-CR No.102/2002). Even after investigation the police could not find

out the assailants, hence it obtained „A‟ summary and closed the case. The case was reopened

and investigated but even thereafter, the police submitted application dt.25.2.11 but the same

hass yet not been decided.

202. On 5.5.2002 five incidents happened.

93

(i) At about 16.45 hours, a mob of 100 to 150 persons set on fire houses of Muslims and

also pelted stones. The police saw the attack and took immediate action against the

rioting crowd. Miscreants even attacked the police. The police lobbed teargas shells

and also fired rounds from their service weapons and dispersed the mob. PSI M.M.

Adhyaru of Nagoriwad Police Chowky lodged FIR (I-CR No.107/2002). The police

charge sheeted nine persons. The trial against them is pending.

(ii) Two bearded persons assaulted Jaswant Bhalabhai alias Lalbhai and caused him

injuries with knife below stomach. He shouted for help and the assailants ran away.

He was removed to a hospital. He lodged the FIR (I-CR No.108/2002). Since the

police could not find out the assailants even after investigation, it prayed for A

summary and then closed the case. The case was reopened and investigated but even

thereafter, the police submitted application dt.29.1.12 but the same hass yet not been

decided.

(iii) Between 4.00 p.m. and 5.30 p.m. a mob broke the shutter of a shop at Mirzapur and

committed theft of goods lying in it. Its owner lodged FIR, against unknown Muslims

(I-CR No.109/2002). Since the police could not find out the culprits even after

investigation, it closed the case. The case was reopened and investigated but even

thereafter, the police submitted application dt.25.2.11 but the same hass yet not been

decided.

(iv) Near Retiyavadi Cross Roads and surrounding areas, a mob of 500 Hindus, between

15.45 hours and 16.00 hours, indulged in rioting since a boy from Devi Pujak

community had received injuries due to an attack on him by the Muslims. Muslim

mob also retaliated. The policemen present at the SRP Point lobbed teargas shells and

thereafter apprehended some miscreants on the spot. ASI Rajendrabhai Babubhai

Gamit of SRP lodged FIR (I-CR No.110/2002). During investigation the police also

arrested some persons and ultimately prosecuted 9 persons, 5 Muslims and 4 Hindus.

They were acquitted by the Court.

203. On 6.5.2002 at about 1.35 p.m., a mob of 300 Muslims gathered on account of busting

of two fire crackers in the area opposite Rani Rupmati Masjid, near Delhi Chakla Police

Chowki. Police rushed there. Despite warnings, the mob did not disperse. Therefore, police

lobbed teargas shells and dispersed the mob. PSI S.M. Parmar lodged FIR (I-CR

No.112/2002). Since the police could not find out the culprits even after investigation, it

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obtained „A‟ summary and closed the case. The case was reopened and investigated but even

thereafter, the police submitted application dt.29.1.12 but the same hass yet not been decided.

204. On 8.5.2002 between 13.00 hours and 14.30 hours, a mob of 200 to 300 Muslims in

Kani Khan Maholla in Delhi Chakla area pelted stones and burning rags in Mahalaxmi Pole.

Some of Hindus from their house terraces retaliated by pelting stones and burning rags. Police

reached there and lobbed teargas shells and arrested several persons of both the communities

on the spot. Police Constable Kantilal Saluji lodged FIR (I-CR No.113/2002). The police

prosecuted eight persons, 4 Hindus and 4 Muslims by filing a charge sheet. The trial against

them is pending.

205. Rajkumar Thavardas Dhanwani lodged the F.I.R. on 9.5.2002 stating that about 6 to 7

Muslims had broken open his shop and committed theft of grocery. Police registered the FIR

(I-CR No.114/2002). Since the police could not find out the culprits even after investigation it

obtained „A‟ summary and closed the case. The case was reopened and investigated but even

thereafter, the police submitted application dt.29.1.12 but the same hass yet not been decided.

206. On 10.5.2002 at about 10.20 hours, Ashandas Dipchand was assaulted and injured by

one unknown Muslim by a knife in Shahpur Delhi Chakla area. He lodged the FIR (I-CR

No.115/2002). Since the police could not find out the culprit even after investigation, it

obtained „A‟ summary and closed the case. The case was reopened and investigated but even

thereafter, the police submitted application dt.25.2.11 but the same hass yet not been decided.

207. As it appears from the material relating to the incidents, they started happening from

28.2.2002 and on that day seven offences were registered. On the next day, the violence

continued but thereafter the situation was considerably brought under control. There were

only two incidents on 2.3.2002 and one incident each on 3.3.2002 and 4.3.2002. Thereafter

there was no incident till 14.3.2002. On 15.3.2002, 9 incidents happened. Similarly, on

22.4.2002 also 9 incidents and 5.5.2002, 4 incidents happened. That was fresh spurt of

violence, otherwise incidents which happened occasionally were all stray incidents. The last

incident was on 10.5.2002. Out of 56 incidents 11 incidents happened in the night and 45

incidents happened during day. In 56 incidents, 16 deaths were caused out of which 4 were of

Hindus and 12 were of Muslims. Two Hindus and 9 Muslims died in police firing whereas 2

Hindus and 3 Muslims died due to physical assaults on them. During the riots 43 persons were

injured. Out of 56 incidents, police were able to find out the culprits in 37 cases. Police had

also apprehended 148 persons on the spot. In all 354 persons were arrested and prosecuted.

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208. Out of 56 incidents, in 30 incidents mobs of both the communities were involved and

in 8 incidents from these 30 incidents culprits could not be found despite investigation. In 12

incidents Muslims were involved but out of them in 4 incidents culprits could not be found.

Similarly in 9 incidents Hindus were involved but in 2 cases out of them culprits could not be

found. In 5 cases neither culprits could be found nor their community could be known.

209. Further out of 56 incidents which happened in this area, in 42 incidents the police

were present and took actions to bring the situation under control. In these incidents police

lobbed 123 hand grenades, 271 S.R., 606 L.R., total number of 1,000 shells. Similarly, police

fired 45 shots from revolver, 35 from 410 Musket, 358 from .303 rifle, total number of 438

rounds. This was over and above the lathi charge. In all 102 persons were arrested on the spot

in different incidents.

210. Due to fire 72 houses of Muslims and 16 houses of Hindus, 43 shops of Muslims and

14 shops of Hindus and 45 vehicles of Muslims and 14 vehicles of Hindus were damaged. In

those incidents, 3 houses of Hindus and one house of Muslim, one shop of Hindu and one

shop of Muslim were looted. About 51 houses of Muslims and 14 houses of Hindus, 32 shops

of Muslims and 18 shops of Hindus and 8 vehicles of Hindus and 7 vehicles of Muslims were

otherwise damaged.

211. In the area under this police station, curfew was imposed with effect from 12.30

afternoon of 28th

February, 2002 and it was continued till 4th

March, 2002. It was re-imposed

on 15.3.2002 with effect from 3.05 p.m. and it continued was till 17th

May, 2002. There was

intermittent relaxation of curfew either for children and ladies alone or for all for a particular

period. It was completely lifted after 17th

May, 2002. In 40 cases registered for breach of

curfew orders police took action against 90 persons. Police also detained 153 persons under

sections 107, 151 and 110 of Cr.P.C. and under section 135 of Bombay Police Act, as well as

under the provisions of Prevention of Anti Social Activities Act.

212. In this area there were 18 sections of SRP posted at different sensitive points. Over

and above that, more SRP was deployed during the relevant period as per the exigency of the

situation. Maximum number of sections i.e. 33 were deployed on 2nd May, 2002 and 3rd

May, 2002. Moreover, 1-1/2 section of Central Industrial Security Force was deployed from

10th April, 2002 till 18th May, 2002 and 3 sections of Central Reserve Force were deployed

on 14.4.2002. One Platoon of Rapid Action Force was deployed on 14th and 15th April, 2002

and one Column of Army was moved in on 1st March, 2002 at about 12.30 after-noon.

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213. Pursuant to the first Notification issued by the Commission, members of the public

have filed 120 affidavits. Abdul Sattar Mohmed Ramjan Ansari has alleged in his affidavit

bearing No.1148 that in their area SRP instead of taking action against the miscreants, on

21.4.2002, had opened fire towards the houses of Muslims and allowed the miscreants to burn

their houses. PI Patel has denied the allegation by stating that on 21.4.2002 around 9.45 p.m.

near R.C. High School and areas around the school there were mobs of Hindus and Muslims

attacking each other and the attacks continued till late night. In order to control the riots, the

police had lobbed teargas shells and thereafter had opened fire. The leader of Hindu

miscreants Maheshmitra Arya was arrested by the police. Thus the police had discharged the

duty honestly and the allegation made by the deponent was baseless. Considering the contents

of other affidavits there is no need to refer them here as they do not throw more light on the

happenings in area under this police station.

214. Before the Commission, 26 persons have given evidence on oath. We have closely

perused their evidence. Some witnesses have leveled allegations against the police and in

particular PI Patel, Head Constable Raghunath and Police Constable Kishan. Rasida Banu

Yusufkhan Pathan, witness No.428, (Exh.722) has stated in her evidence that her husband was

brutally beaten by the police as a result thereof he died. She has leveled allegations against

P.I. Patel. However, her evidence further shows that before the Medical Officer of the

hospital, she had stated that her husband had received injuries due to a fall. She had also filed

an affidavit on 28th

October, 2002 wherein no allegation is made against the police. PI Patel

has filed an affidavit dated 10th

January, 2004. In that affidavit he has refuted the allegations

made by the witnesses against him and other police officers. He has further stated that false

allegation has been made by her to receive undue monetary benefit. Considering the above

material it appears to the Commission that the allegation against P.I. is an after-thought.

215. Jagdishchandra Ishwarlal Bhavsar, witness No.429 (Exh.727) a resident of Shahpur

has stated that on 1.3.02 around 10.30 a.m. a mob of 200 Muslims came near Halim Ni

Khadki. There were SRP men with the said mob. The mob set on fire 20 to 25 shops of

Hindus. The SRP men opened fire and his son got injured as bullet hit him in the chest. He

was removed to V.S. Hospital but he died. The offence regarding death of his son Darshan is

registered at I-CR No.44/2002. He has given his own version of the said incident.

216. Bhagwandas Chhanalal Dantania, witness No.430 (Exh.728) has merely submitted a

written representation Exh.429 and has not stated anything on oath.

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217. Virasat Yasinmiya Saiyed, witness No.431 (Exh.730) a resident of Saiyedwada

Khanpur has stated that he had organized relief camp No.30 wherein riot affected Muslims

from Khanpur and other areas had taken shelter. According to him, these people had suffered

loss of Rs.95 lakhs but they had received only Rs.2,37,000/- by way of monetary help. He has

also stated that communal amity prevailed in his area and co-operation was received from the

police and the collector‟s office.

218. Indravadan Maneklal Barot, witness No.432 (Exh.732) has stated about the incident of

1.3.2002 (CR/44/2002) and his having received an injury in the chest due to firing. His

grievance is that the compensation of Rs.5,000/- received from the Government was meager

and he deserved more compensation.

219. Minaben Harshadkumar Shah witness No.433 (Exh.733) only has stated that on

22.4.2002 around 1.45 p.m. her husband was attacked from behind and caused injury on the

back with a dagger. He died shortly thereafter. She was unable to know who the assailants

were. (CR/94/2002).

220. Dahiben Chakabhai Chauhan, witness No.434 (Exh.734) a resident of Mithan Saiyed

hutments has stated that on 21.4.2002 at about 11.00 p.m. Muslims attacked their hutments.

They ran away in the river bed. Next day when they returned, they saw that their houses and

shops were looted by the miscreants. According to her, the monetary help of Rs.2,500/- given

to them was very meager and they deserved more amount (CR/89/2002). Sangitaben

Vasudevbhai Rana witness No.435 Exh.736 and Champaben Ramanlal Thakor, witness

No.436 (Exh.737) have said the same thing.

221. Shabbirahmed Fakirmohed Shaikh, witness No.437 (Exh.738) of Nagori Vad has said

that peace was maintained in their locality. There were 1500 Muslims and 25000 Hindus

residing there. Whenever there was any attempt to do communal violence on being informed,

police immediately arrived there and controlled the situation..

222. Kantibhai Laxmanbhai Vaghela, witness No.438 (Exh.739) has spoken about the

incident in Mirashivad Maholla. He has not given the date of the incident. According to him,

about 7000 Muslims with combustible material had attacked their locality but the police had

arrived in time and driven away the rioters and saved their locality. Thus he has appreciated

the role of the police.

223. Mohmed Rafiq Abdul Sattar Meman, witness No.439 (Exh.740) has stated that he was

wrongly detained by the police in the Police Station and PI Patel had misbehaved with him

while he was in police custody. This allegation has been denied by PI Patel. He has stated that

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in connection with the incident dated 28.2.2002 (CR/40/2002), Mohmed Rafiq‟s statement

was recorded as his scooter was burnt but in that statement he had not made any allegation

against the police. In the incident which occurred near Halim Ni Khadki around 2.15 p.m. on

1.3.2002 mobs of Hindus and Muslims had pelted stones at each other and SRP had to resort

to firing. In that incident Mohmed Rafiq was apprehended on the spot and offence against him

and others was registered (CR/44/2002). He was produced before the Magistrate, there also he

had not made any allegation against police and hence the allegations made by the witness

against the police were false. Mitra Mahesh Shantilal Arya, witness No.442 (Exh.746) has

stated that because he had exposed P.I. Patel‟s relationship with a bootlegger, PI Patel had

cooked up three false cases against him. Replying to this allegation, PI Patel has stated that in

the incident of 15.4.2002 (CR/80/2002) during investigation it was found that this witness had

taken part in the riot and he had instigated the mob. In another incident also (CR/92/2002) he

was found to have taken leadership of the riotous mob. The investigation also disclosed that

he himself had thrown stones and burning rags and glass bottles. He has further stated that

even a complaint under section 498-A and 306 (CR/59/1995) was registered against the

witness as his wife had committed suicide because of the harassment caused to her by him. It

appears to the Commission that the allegations made by the witness have no substance.

224. Witness No.444 Iqbal Usmanbhai Ajmeri has stated in his evidence that on 28.2.2002

around 11.00 a.m., 2000 to 3000 Hindus had attacked his house and burnt it and caused loss to

the extent of Rs.2 lakhs to Rs.2.5 lakhs. When he went to the Shahpur Police Station, police

refused to accept the complaint. In his affidavit PI Patel has stated that no such complaint was

made by him earlier.

225. Mohmedhanif Gulammohmed Shaikh, witness No.441 (Exh.745), residing near

Pattharvali Masjid has stated that there was peace in his locality. He has suggested that police

should take adequate measures to curb rumours.

226. Mustufa Chandbhai Shaikh, witness No.443 (Exh.748) has given general description

of an incident of 28.2.2002. He has stated that he received compensation of Rs.10,000/- from

Government as his shop was burnt. According to him, if the Government had taken stern

measures in the beginning, the riots would not have lasted for a long time.

227. Kudush Shahbazali Shaikh, witness No.444 (Exh.749) has stated that in his locality he

is the only Muslim but he had not suffered any harassment by Hindus.

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228. Dhanjibhai Vashrambhai Parmar witness No.445 (Exh.751) has alleged that police

unnecessarily arrested his two sons and prosecuted them for rioting. The material shows that

they were arrested in connection with offence of 28.2.2002 registered at CR/39/2002.

229. Jitendrabhai Rameshbhai Makwana No.446 (Exh.752) has referred to the incident of

28.2.2002 in Baradia Vas. He has stated that a mob of Muslims attacked the locality by

throwing acid filled bulbs and burning rags. Again on 22.4.2002 similar attack was made

around 2.00 p.m. One small boy named Hardik got injured. According to him, Muslims of

this locality caused harassment to the ladies of Hindu community. In reply to a question by

Ms. Shabana Mansuri he has stated that there is only 10 ft. road in between Fadali Vas and

Baradia Vas.

230. Jayshreeben Shashikant Patel, witness No.447 (Exh.754) has spoken about the

incident of stone throwing by Muslim boys on 1.3.2002 and the miscreants not listening to the

elders and misbehaving with the elders.

231. Swami Yogeshpuri Guruswami Maheshwaranand Puri, witness No.448 (Exh.756) has

stated that on 2.3.2002 Muslim boys threw stones on Hindu‟s house. He has suggested

establishment of police point in that area on permanent basis. He has stated that because of

harassment by Muslims, Hindu population in this area has dwindled from 80% to 40%.

232. Hitesh Hasmukhlal Shah, witness No.449 (Exh.758) has stated that in one incident of

28.2.2002, his house was looted and burnt.

233. Witness No.450 Fazal Mohsinkhan has stated that he was beaten by the police and had

sustained a fracture of his leg and received injuries on the head and hands. He alleged that he

was taken to the Police Station and there also he was beaten by the policemen and from

amongst them he could identify Kishan and Raghu. PI Patel has refuted the allegation and has

stated that this witness was found in a riotous mob on 2.3.2002 and in connection with that

incident he was arrested. This witness has not made any allegation against Police Constable

Kishan and Police Constable Raghu earlier.

234. Witness No.451 Mehbubkhan Alikhan Pathan has alleged in his evidence that on

28.2.2002 at about 1.30 at night police apprehended him while he was returning home after

answering the call of nature and at the police station he was beaten due to which he had

sustained fracture on the hand. PI Patel has denied this allegation and has stated that on

2.3.2002 around 12.30 at night in the incident of riot this witness was apprehended on the spot

alongwith Fazjikhan Mohsinkhan. When his statement was recorded during investigation he

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had not made any such allegation nor had he made such an allegation before the Magistrate

when he was produced before him.

235. Ganpatbhai Somabhai Rathod, witness No.450 (Exh.762) has stated that there was

complete peace inhis area till 15.3.2002 but because of the call for Maha Aarati several

incidents of communal nature occurred.

236. Witness No.453 Madina Ibrahim Shaikh of Halim Ni Khadki has stated that on

28.2.2002 in the morning between 8.00 and 10.30 hours because of an attack by a mob of 500

Hindus she and other Muslim ladies of the locality requested the police vehicles to stop their

vehicles and help them but they refused to do so (CR/37/2002). After some hours several

police vehicles came there and stopped there. Witness and other ladies made attempt to

approach them to seek some help, but the police threw sticks and batons against them. PI

Patel has denied this allegation. According to him because of continuous calls received from

different places for help it was impossible to station any vehicle at a particular point and they

had to keep on moving and reach the places where the incidents were going on. He has denied

the allegation that the Muslim women stayed for two days on the road because of the

aforesaid incident (CR/37/2002) of 28.2.2002. The evidence discloses that in fact the mobs of

Hindus and Muslims had attacked each other and the police had dispersed them by using

force.

237. Witness No.566 Gulam Mayuddin Noormohmed Saiyed has alleged that on 16.4.2002

Head Constable Bahadursinh came to their area alongwith other policemen including Kishan

and Raghu and belaboured innocent persons. Bahadursinh without any reason opened fire due

to which his son-in-law Usman died. In an incident which occurred due to death of

Harshadkumar Mangaldas Shah as a result of assault on him by some unknown persons,

(CR/98/2002) police had to resort to firing as there were attacks by both the communities on

each other. Neither Bahadursinh nor Kishan Police Constable nor Raghu Police Constable

possessed fire arm as they were not issued the same. So it is not correct to say that

Bahadursing opened fire and killed Usman. The shots were fired upon the order of

Bahadursinh who was the Head Constable.

238. Sagunaben Kanaiyalal Dantania has filed affidavit at serial No.1735. In it she has

stated that on 21.3.2002 50 to 60 communal minded Muslims attacked them and caused

injuries. The police, however, apprehended her son viz. Murli Kanaiyalal. This allegation has

been refuted by PI Patel by stating that the mob was using acid filled bulbs and tins containing

explosive substance, hence the police used force and dispersed the mob and registered the

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offence at CR/88/2002. At that time her son Murli Kanaiyalal was arrested since he appeared

to have been involved in the incident.

239. Mustak Ahmed Rustamali Shaikh who has filed affidavit at serial No.22 has alleged in

it that on 28.2.2002 a mob of miscreants entered the house of deponent and caused extensive

damage. Though the SRP point was there, no action was taken by the SRP against the

miscreants. PI Patel in response to this has stated that mobs of Hindus and Muslims attacked

each other and burnt the shops and vehicles and created atmosphere of terror. The police

lobbed teargas shells and then opened fire. Thus, the allegation of deponent was false. Similar

allegations have been made in some other affidavits also to which PI Patel has replied on the

same line.

240. After issuance of second Notification dated 5.8.2004, 858 more affidavits were filed

before the Commission. Most affidavits are on printed forms and in stereo type manner the

deponents have simply stated that because of the riots, they had suffered financial loss as their

household and business articles were damaged or destroyed by the mobs and they were

required to be given compensation but the Government had either given much less than the

required amount or had not given any compensation at all. This grievance is made by as many

as 853 deponents. Some have even made grievance that since their residences were

permanently destroyed, they were required to be rehabilitated but that has not been done so

far by the Government. Jitendrabhai Premchand Chauhan has referred to certain incidents and

action taken by the Hindu volunteers and police. In view of this all the affidavits are not

required to be referred to.

241. Material shows that by and large police had performed duty satisfactorily. Out of 56

incidents in 42 incidents police were present and took action to bring the situation under

control. What actions police took have already been narrated above. Some of the witnesses

examined before the Commission have leveled allegations against some police officers but

after considering above referred to facts, we found that there was no truth in the allegations.

There is also no material to show that any political party or religious organization was

involved in the incidents of riots or riots occurred due to instigation of any religious or

political leader or organization.

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KARANJ POLICE STATION

242. Karanj Police Station is a part of „C‟ Division, Zone-I, Sector-I of the city. Area under

the jurisdiction of this Police Station is 2 sq.kmts. and covers some portion of the old city. It

has got mixed population. Population of Muslims is one and half time more than the

population of Hindus. Muslim population is 2.50 lac whereas the Hindu population is about 1

lac. There are exclusive Muslim localities such as Jan Saheb Ni Gali, Patwa Sheri,

Badshahwad, Dhalgarwad, Biscuit Gali, Bukhara Maholla, etc. Similarly there are Hindu

localities such as Bhadra, Vasant Chowk, Navtad, Ghee Kanta, etc. There are many pockets

where houses of Hindus are surrounded by a Muslim locality and vice-versa, houses of

Muslims surrounded by Hindu localities. There are various important Government, Semi

Government and other offices and institutions like the Collector‟s Office, Office of the

District Panchayat, Bachat Bhavan, District Treasury, Municipal Corporation office, Telecom

office, office of L.I.C., City Civil and Sessions Court, Tribunals such as Gujarat Revenue

Tribunal, Sales Tax Tribunal, Labour Court, Court of Metropolitan Magistrate, Mamlatdar‟s

office, local bus terminus of the city in this area. There are places like Relief Road, Gandhi

Road, Ratan Pole, Manek Chowk, Dhalgarwad which are big markets for purchase of

readymade garments, electronic goods, jewellery, vessels and other household articles and

they remain over crowded all throughout the year. Members of both the communities own

large number of shops in these commercial areas and such shops usually become targets of

attack during communal riots.

There are four police chowkies under this Police Station they are (1) Ghee Kanta

Police Chowky, (2) Victoria Garden Police Chowky, (3) Khas Bazar Police Chowky and (4)

Pattharkuva Police Chowky. At the relevant time the sanctioned strength of the Police Station

was 2-Police Inspectors, 13-Police Sub Inspectors, 62-Head Constable, 160-Police

Constables, 1+2-Woman Police Constable but the available strength at the Police Station was

2-Police Inspectors, 5-Police Sub Inspectors, 55-Head Constable, 144-Police Constables, 1+5-

Woman Police Constable.

243. The history of this area shows that prior to the present riots it was badly affected by

communal riots in the years 1942, 1969, 1985, 1992 and 2000. In 1985 there were 4 incidents

of murder, 39-cases of injury due to stabbing, 62 incidents of rioting, 4 incidents of mischief

and 6 incidents of physical assault. Similarly during the communal riots of the year 1969

many serious incidents had occurred here. The common experience is that in this area, people

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react very fast and sharply to even a solitary or small incident of communal nature. The police

have to remain constantly vigilant to such type of situations as they have the potential to flare

up into a large scale communal riot.

244. Kanaiyalal Vitthaldas Patel, Sr.PI was in charge of this Police Station from 19th

June,

2001 to 21st April, 2002. He has filed an affidavit giving the background of the Police Station

and the course of riots between 27th

February, 2002 and 21st April, 2002. He has stated that

keeping in view the past history of the area, even prior to present riots, certain permanent

police points have been established and patrolling is being done to maintain law and order. It

also shows that the incidents that occurred in this area were mainly of stabbing and throwing

stones, burning rags, Soda Water bottles and damaging and plundering shops. Table giving

date-wise occurrence of incidents is given below.

Date I. C.R. No. Total Incidents 28/02/2002 83/02 1

03/03/2002 58/02, 59/02, 60/02 3

15/03/2002 64/02 1

21/03/2002 67/02, 68/02 2

02/04/2002 69/02 1

05/04/2002 70/02 1

22/04/2002 73/02, 74/02 2

23/04/2002 75/02 1

24/04/2002 76/02 1

05/05/2002 79/02 1

10/05/2002 81/02 1

Total :- 15

245. Some time between 15.00 hours of 28.2.2002 and 4.3.2002 a mob of Hindus broke

open the lock of a closed house and stole goods from it and then set it on fire. Hanifabibi

Abdul Satttar, owner of the house and residing near Alamkhan Chisti No Rozo, Danapith filed

FIR (I-CR No.83/2002) against one person named and other unknown persons. After

investigation police filed charge sheet against one Dipnesh who was named in the complaint.

The Court acquitted him.

246. On 3rd

March, 2002 three incidents happened.

(i) At about 15.30 hours a mob of 400 to 500 Hindus set shops No.14, 15, 16 and 17 on

fire in Kabadi Market behind Bakar Ali Wada on GPO Road and also a residential

house of Tajmohmed Peermohmed Shaikh. Police reached there and apprehended 11

persons on the spot. PSI C.S.Pathak of Karanj Police Station lodged the FIR (I-CR

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No.58/2002). Police submitted a charge sheet against those 11 persons. The trial

against the accused is pending.

(ii) Around 15.50 hours, 20 to 30 Muslims, in Pattharkuva area broke open two shops and

committed theft of goods. Police while patrolling the area, reached there and

apprehended one person named Mohmed Hanif Badesa on the spot. PSI D.T. Bhatia

lodged the FIR (I-CR No.59/2002). During investigation police arrested 8 more

persons and prosecuted in all 9. The trial against them is pending.

(iii) Between 16.00 hours and 17.30 hours a mob of 600 to 700 Muslims in areas known as

Hope Market, Three Gates, Pankor Naka, Dhalgarwad and Rajnagar Market stonned

shops and set them on fire and also burnt several vehicles. Police while patrolling

noticed the miscreants. To disperse the mob it lobbed teargas shells and fired some

rounds from service weapons. Some miscreants were identified by the police and

during investigation 12 persons were arrested in pursuance of the FIR (I-CR

No.60/2002) lodged by PSI Raol. Police charge sheeted those persons. The trial

against them is pending.

247. On 15th March, 2002, between 15.00 hours and 15.30 hours, a mob of 500 to 700

Muslims, on the road between Pankornaka and Danapith, created atmosphere of terror by

raising shouts. Police during patrolling reached the spot. One person named Sitaram Bhimaji

Girnari was assaulted with pipe by some miscreants from the crowd. He was saved by the

police. To disperse the mob police used teargas shells. PSI Raol lodged the FIR (I-CR

No.64/2002). Police during investigation arrested 7 persons and then charge sheeted them.

Their trial is pending.

248. On 21st March, 2002 two incidents happened.

(i) At about 14.30 hours, Vishnubhai Girdharilal and his younger brother Mukesh were

assaulted by a group of about 10 Muslims while they were going on a scooter near the

entrance of Dhalgarwad. One person named Altaf from the mob caused injuries to

Vishnubhai with an iron pipe and some others with sticks to his brother. Both could

manage to escape. Vishnubhai lodged the FIR (I-CR No.67/2002). Police during

investigation arrested 5 persons and then charge sheeted them. Trial against them is

pending.

(ii) A mob of 500 to 600 Hindus armed with dangerous weapons set on fire shops as well

as residential houses in areas known as Bakarawadi, Badshahwad, Gheekantacross

roads. Police on noticing the incident lobbed teargas shells and also fired some rounds

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from their service weapons. PSI Pathak lodged the FIR (I-CR No.68/2002). During

investigation police arrested 21 persons, 17 Hindus and 4 Muslims and prosecuted

them by submitting charge sheet on 14.8.2002 and also supplementary charge sheet

subsequently. Their trial is pending.

249. On 2.4.2002 at about 15.15 hours Amit Mansukhlal Chavda and his friends Naranbhai

Hemaji and Dakshesh Shah were assaulted in a parking place opposite Gandhi Cold drink

with dangerous weapons like knife and gupti by Samir Mujavar and 3 others. Amit lodged the

FIR (I-CR No.69/2002) against them. Police subsequently arrested those 4 persons and charge

sheeted them. Case against them is pending.

250. On 5th

April, 2002 at about 5.00 p.m. near Pattharkuva Petrol Pump, a mob of about

1000 to 1500 Muslims attacked the police which had reached the spot on receiving news

about stabbing of one Hindu, by throwing burning rags, stones, acid bulbs and glass bottles at

them. To bring the situation under control, the police lobbed teargas shells and also fired 33

rounds from their service weapons. In this incident three Muslims were injured due to firing

and one Hindu died due to stabbing. FIR (I-CR No.70/2002) was registeredby the police.

Police arrested and prosecuted 18 Muslims out of whom 16 have been convicted and trial

against two persons is pending.

251. On 22nd

April, 2002 two incidents occurred.

(i) Around 1.00 p.m., near office of the Collector at Gheekanta, one Muslim doing work

of scooter repairing was attacked by six Hindus and he was done to death by inflicting

injuries with sharp pointed weapons. The FIR (I-CR No.73/2002) was registered by

the police. Those persons were arrested. They were acquitted by the Court.

(ii) A mob of 200 to 300 persons of Hindu community set on fire two shops viz. Royal

Boot Chappal and Fevicol Footwear in Gheekanta area around 15.30 hours. Police on

receiving message arrived there and apprehended 3 persons on the spot while they

were running away from the place of incident. PSI S.P. Parmar lodged the FIR (I-CR

No.74/2002) against them and other unknown persons. During investigation police

arrested those 3 persons and prosecuted them. They were acquitted by the Court.

252. On 23.4.2002 at about 19.00 hours, near entrance of Dhalgarwad, 4 to 5 persons

assaulted Ramjibhai Nathubhai. Premjibhai Dungarbhai Patel was with him. He took the

injured to traffic police booth. There the police vehicle arrived and took the injured to a

hospital. Premjibhai lodged the FIR (I-CR No.75/2002) naming four assailants. Police

arrested those 4 persons and prosecuted. They have been acquitted by the Court.

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253. On 24.4.2002 at about 23.45 hours, some miscreants in Gheekanta area broke the

entrance of Navtad Masjid, entered it and burnt articles lying there. Police caught one person

named Dilipbhai Babubhai Bhati on the spot. PSI C.S. Pathak of Karanj Police Station lodged

the FIR (I-CR No.76/2002). After investigation police arrested 4 persons and prosecuted

them. Case against them is pending.

254. On 5.5.2002 at about 17.30 hours, in Mirzapur area, three to four persons of Hindu

community assaulted Kasam and caused him injuries with a knife. Hanif Mohmed Shaikh

lodged the FIR (I-CR No.79/2002) against 3 to 4 persons. Two persons were prosecuted and

the trial against them is pending.

255. On 10.5.2002 at about 12.30 afternoon, opposite Bank of Baroda on GPO Road son of

Mohmed Hanif Ghasibhai Shaikh was assaulted and caused an injury by some unknown

person with knife. He lodged the FIR (I-CR No.81/2002). Police arrested one Hindu and

prosecuted him. The trial against him is pending.

256. No incident happened in this area after 10.5.2002.

257. Though very sensitive area, this time it remained comparatively peaceful. Police had

arranged appropriate bandobast in this area keeping in view its past history. While communal

violence was at its peak in other areas, there was only one incident in this area and even that

was a minor incident. No incident had taken place on 1.3.2002 and 2.3.2002. Out of 15

incidents only one incident took place in the night whereas 14 incidents took place during

day. Only in one case there was delay in lodging of F.I.R. and the reason given by the police

for the delay was that the informant had left the place and after his return he learnt about the

damage caused to his property and thereafter he approached the police and lodged the F.I.R.

at CR-N No.83/2002. This incident occurred on 28.2.2002 and the F.I.R. was lodged on

17.5.2002. In all the 15 cases, police have arrested the culprits and have prosecuted them.

Only 3 cases have been uptil now decided and the rest are pending.

258. Out of 15 incidents in 8 incidents Hindus were the aggressors whereas in 7 incidents

Muslims were the aggressors.

259. In the above incidents, two persons lost their lives. One Hindu was killed in incident

which occurred on 5th

April, 2002 for which F.I.R. was lodged at CR-I No.70/2002. In

another incident which occurred on 24.4.2002 one Muslim lost his life and in connection

therewith offence was registered at CR-I No.73/2002 and the trial thereof resulted into

acquittal. Apart from this, two policemen received injuries in the incident which occurred on

5.4.2002. 4 Hindus and 2 Muslims also received injuries in these incidents.

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260. So far as damage to or destruction of the immovable as well as movable properties is

concerned, 4 houses of Muslims, 4 shops of Hindus and 9 shops of Muslims and 3 vehicles of

Hindus were set on fire. Moreover 2 shops of Hindus and 2 shops of Muslims were damaged

by breaking. There was no looting of shop or residential house nor there was any incident

damaging any religious place.

261. Out of 15 incidents which happened here, in 7 incidents the police reached and took

action to bring the situation under control. In these incidents police lobbed 5 hand grenades,

21 S.R., 32 L.R., total number of 58 shells. Similarly, police fired 7 shots from 410 Musket, 9

from .303, total number of 16 rounds. This was over and above the lathi charge made before

resorting to stricter action. In all 10 persons were arrested on the spot in different incidents.

262. As a preventive measure police had detained 68 persons under the provisions of

Cr.P.C. and Bombay Police Act. Curfew was imposed in this area with effect from 12.20

afternoon of 28.2.2002 and it was lifted on 3.3.2009 with effect from 8.00 a.m. It was re-

imposed on 15.3.2002 and continued till 1.6.2002 with intermittent relaxations of different

types as per the need of the situation. Police registered offences against 60 persons for

committing breach of the curfew order.

263. So far as deployment of additional forces is concerned, at that time there was

permanent posting of 9-1/2 sections of SRP at vital points. 1/2 section was added on

28.4.2002 and it was continued till 17.5.2002. 3 more sections of SRP were added on

10.5.2002 and they were continued till 17.5.2002. The additional posting of SRP was

continued till 31st May, 2002. 9 sections of CRPF were deployed for a day i.e. on 12.4.2002

and one platoon of RAF was deployed between 30.3.2002 and 7.4.2002, again on 9.4.2002

and then on 10.4.2002 and thereafter one company was deployed from 27/28.4.2002 to

1.5.2002. There was no deployment of Army.

264. Before the Commission, 14 persons have given evidence on oath. Out of them 11 are

Muslims and 3 are Hindus. Shakir Allarakha Mansuri, witness No.454, Exh.765 has stated

that one and half month after the Godhra incident the police had come to the locality known

as Khas Bazar, Jam Saheb ni Gali and started arresting persons from their houses. He was also

taken into the custody and taken to Karanj Police Station. At the police station the policemen

were talking amongst themselves that Ïsmal should be finished”and that “Naroda incident

should be repeated”. Though he was not beaten, several persons who were arrested and who

were detained by the police were beaten by the police and thereafter they were all taken to

Sabarmati Police Station. There he and others were beaten. Some persons were shouting „Jai

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Shri Ram‟ and they were asking PI Parmar to hand over Muslims who were in police custody.

Thereafter PI Parmar and Bahadursinh took about 76 persons outside and made them sit in

police vans. There was a mob outside the police station and it was throwing stones towards

the police van, however the policemen did not use any force but only threw back the stones.

When he had asked the policemen as to why they were made to sit outside, he was told that

the police force in police station was inadequate and additional police force was coming.

Thereafter senior police officer Shri Shivanand Jha came with some persons of Rapid Action

Force and they dispsersed the mob by lobbing teargas shells and resorting to firing.

Thereafter, he and others were taken to Karanj Police Station. He has also stated in evidence

that the police misbehaved with the innocent Muslims in Patva Sheri and in other localities

also innocent persons were beaten and pregnant women were given kick blows. In reply to the

questions put by the advocate appearing for the Government, he admitted that he has not filed

any statement before the Commission earlier. He stated that he had sent in writing the facts

about the aforesaid incidents to the President of India, Human Rights Commission, Home

Minister at Delhi, one organization in Delhi, the Chief Commissioner and the Police

Commissioenr of Ahmedabad. He had however, not given evidence with regard to these

incidents before any Forum. He also stated that others were not willing to come forward and

support for what he had said because of fear. He also stated that he did not file any complaint

in any Court regarding beating by the police. The record discloses that an offence was

registered against this witness at the Karanj Police Station (I-CR/70/2002) and he was taken

there for recording his statement. After the statement was recorded, he was allowed to go

home. This witness is a resident of Khas Bazar, Jam Saheb ni Gali. He had not gone to Patwa

Sheri or any other locality and obviously he had no personal knowledge about what happened

there. Therefore, the allegation made by him against the police with respect to atrocities

committed in those area is only hearsay and it cannot be considered reliable. Material also

discloses that the persons who were taken into custody in connection with an offence were

taken from Karanj Police Station to Sabarmati Police Station as there was no enough

accommodation in Karanj Police Station and the situation also required shifting of those

persons temporarily. No one else has made any complaint regarding beating by the police

either at Karanj Police Station or at some other police station. The only person who has come

forward to support what this witness has said is Rafiyuddin Bannumiya Shaikh. He has not

stated that he was one of the persons either taken to Karanj Police Station or Sabarmati Police

Station where the persons who were taken into custody were alleged to have been beaten.

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However it appears from the record that he has filed an affidavit (Exh.1855) dated 14.3.2002

before this Commission.

265. Mohmed Hussain Jan Mohmed Meman, witness No.460 (Exh.773) has stated that he

is a Social Worker. In his evidence he has appreciated the role of the police during communal

disturbances. According to him, the role played by the police was commendable and their

attitude was very co-operative and satisfactory. He has denied that police was biased against

Muslims. Nine persons who had accompanied him have also stated the same thing regarding

the role of the police.

266. Mohmed Hussain Adambhai Kadri is witness No.461 (Exh.775). He has stated that

police was neutral, un-biased and fearless.

267. Except Shakir Mansuri no other private citizen has filed an affidavit in response to fist

notification. However after issuance of the second Notification dated 5.8.2004, 24 persons

have filed affidavits. 22 out of 24 affidavits mainly complain about inadequacy of the

compensation for damage caused to thire properties. Some have even made grievance against

the Government machinery for not taking steps to rehabilitate them. Two deponents have

appreciated the functioning of police during the riots.

268. Apart from P.I. K.V. Patel, other police officers of this police station have also filed

affidavits. P.I. Parshottambhai Somabhai Parmar who worked as PI from 14.3.2001 to

2.11.2002, has filed an affidavit (Exh.5050) dated 28.6.2002. In his affidavit he has given past

history as well as other details of this police station. He has also referred to 12 incidents

which occurred between 3.3.2002 and 24.4.2002 and the consequential steps taken by the

police. He has also narrated the steps taken by the police for maintaining law and order. He

has filed another affidavit which is dated 9.1.2004. In this affidavit he has refuted the

allegations made by some of the witnesses against the police of this police station and has

stated his own version about the incidents relating to these allegations. Referring to the

allegations of witness No.454 Shakir Allarakha Mansuri that after about 1-1/2 months of the

Godhra train incident, police entered their houses in the evening, unnecessarily opened fire,

lobbed teargas shells and uttered sentences that „End the Islam and repeat the Naroda

incident‟ and that one Bahadursinh took off his pant and made obscene gestures and also

kicked pregnant ladies in their stomachs, he has stated that on 5.4.2002 there was an incident

of stabbing near Patwa Sheri wherein Bramhanand Mangaldas Soni was killed. Police went to

the spot but they were attacked by a mob of 1000 to 1500 Muslims. The mob threw burning

rags, acid filled bulbs, stones and bottles on the police. On arrival of additional police force 12

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persons were arrested on the spot but the mob continued the attack and therefore, after initial

lathi charge and lobbing of teargas shells, shots were fired from service weapons and the

miscreants disappeared in the lanes but from the roof tops of their houses they continued their

attack. Police therefore went inside the houses and on to the roof tops and arrested in all 76

persons. They were broght to Karanj Police Station. Soon thereafter the mobs of Muslim

females and males came to the Police Station and interrupted and prevented the police from

discharging their duty. These people were, therefore, shifted from Karanj to Sabarmati Police

Station. At the Sabarmati Police Station the police found out the real culprits, 12 in number

and detained them and allowed the rest to go. He stated that the allegations leveled by Shakir

Mansuri and Rafiyuddin Shaikh were absolutely false. He has further stated that though

Shakir Mansuri has filed an affidavit dated 15.5.2002, in his evidence recorded on 29.7.2003

he has stated that he has not filed any affidavit. According to PI Parmar on 11.4.2002 at about

9.00 p.m. Shakir Mansuri was standing alongwith a mob of some Muslim boys when curfew

was in force. He asked them to go inside their houses and at that time Shakir Mansuri had a

hot exchange of words with him and threatened him (PI Parmar) that he would get him

transferred. Since Bahadursinh also played important role in identifying the miscreants, false

allegations were made against him. He has also denied the allegations made by Sarfuddin

Shakruddin Kansara witness No.456, Moin Mohmed Jamil Ahmed Khandsali, witness

No.457, Abbaskhan Anwarkhan Pathan, witness No.458 that on 5.4.2002 police had entered

houses of Muslims, damaged household articles, belaboured the innocent Muslims and

arrested 70 persons. As regards the incident of 22.4.2002 and allegation of Ahmedhusain

Hasubhai Shaikh witness No.459 that on 22.4.2002 police unnecessarily fired 300 to 350

rounds in Patwa Sheri, Sudi Oad, Latif Gali and surrounding lanes and also lobbed teargas

shells and entered the houses and molested women and damaged the household articles, P.I.

Parmar has denied these allegations by stating that the allegations were absolutely false.

According to him, on 22.4.2002 near Gheekanta one Muslim person had died of stabbing

offence was registered against six persons named by the informant of I.CR No.73/2002. No

force was used by the police against the Muslims. On the contrary, the police had

apprehended culprits and then prosecuted them. Near Gheekanta cross road a mob had set on

fire one shop and therefore, the police had lobbed 19 teargas shells but no firing was resorted

to. Three Hindu persons were arrested from the spot.

269. In response to the allegation made by Nasaruddin Kutbuddin Shaikh, witness No.462

to the effect that police instigated the miscreants to commit loot in his house, PI Parmar has

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stated that this allegation is false. According to him, on 21.3.2002 in the area between Hiralal

Ni Chawl and Badshahvad mobs of Hindus and Muslims had confronted each other, they

indulged in damaging shops and setting them on fire. Police, therefore, rushed there and took

action and brought the situation under control. PSI C.S. Pathak lodged the FIR at I-CR

No.68/2002. In this incident 17 Hindus and 4 Muslims accused were arrested and prosecuted

before the Court.

270. In response to the allegations made by Hansaben Shankarlal Parmar, witness No467

that her brother was falsely involved and arrested by the police one month after the incident,

PI Parmar has stated that the name of Mahesh Shankarlal Marwadi, brother of the witness was

disclosed in the FIR itself and during the investigation witnesses also produced evidence

against him, hence he was arrested. In his affidavit he has also named the witnesses who have

appreciated the duty performed by the police during the riots and he has stated about the steps

taken by the police for maintaining law and order situation during the festivals and similar

such occasions.

271. Bhagwandas Dahyabhai Tandel, who worked as Senior Police Inspector, Karanj

Police Station between 23.4.2002 and 1.11.2002 has filed affidavit dated 30.9.2004. In his

affidavit he has reffered to four incidents which took place between 5.5.2002 and 14.5.2002.

Affidavits have also been filed by Additional Police Commissioner, Shivanand Jha

(Exh.4964) and Police Constable Bahadursinh Bhagwatsinh Vaghela dated 9.1.2004.

Allegation made against this Police Constable has already been stated above and he has

denied it and narrated the same facts which have been stated by PI Parmar by way of

explanation to the allegation.

272. There is no material to show the involvement of any political or religious leader or

organization.

SABARMATI POLICE STATION

273. This Police station falls in Division-L in Sector-1, Zone-2. The total area under this

Police Station is about 16.5 sq.mts. Small villages like Ranip, Kaligam, Chandkheda, which

have now become integral part of the city are covered under this Police Station. It is having

four Police Chokies viz. (1)Subhash Bridge Police Chowky, (2) Jawahar Chowk Police

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Chowky, (3) Kaligam Police Chowky and (4) Ranip Police Chowky. Its sanctioned strength at

the relevant time was 2 Police Inspector, 12 Police Sub Inspector, 47 Head Constables, 125

Police Constables and 1+2 woman Constables. The actual strength was 2 Police Inspectors, 6-

Police Sub Inspectors, 44-Head Constables, 117-Police Constables and 0+7 Woman

Constables. Some of the important Government and Semi Government offices as well as

residential colonies are situated within the territory of Sabarmati Police Station. The Railway

Colony, O.N.G.C. Offices, as well as residential colonies, A.E.C. plants and the offices, the

depots of Indian Oil Corporation as well as Hindustan Petrochemical Limited and the godown

of Food Corporation of India are situated within the jurisdiction of this Police Station. One of

the tourist attractions viz. Gandhi Ashram is also under this Police Station. Thus from various

points of view this Police Station is quite important.

274. At the relevant time, its population was approximately 3,12,000. It has a mixed

population of Jains, Christians, Hindus and Muslims. There are also certain spots in this area

which are very sensitive from the communal angle. There is a locality called Bakra Mandi

which is a pocket having Muslim population surrounded by Hindus. There is also an area

known as Saiyedwada in Kaligam which is having small population of Muslims amongst

Hindus. In Government Colonies and Railway Colonies also many Muslim employees stay.

There are scattered houses of Muslims who do petty business in Kabir Chowk, Jawahar

Chowk, Ramnagar.

275. Apart from the places of importance referred to above, roads leading to Mehsana and

onwards and Gandhinagar run through the area under Sabarmati Police Station. These are

very busy roads and there is continuous flow of traffic of all types almost round the clock and

the commuters often fall prey to attack by communal elements.

276. Senior Police Inspector Prakashchandra Ramjibhai Mehra attached to the Sabarmati

Police Station for the period between 24.7.2001 and 8.4.2002 has filed affidavit which is at

Exh.5091 and he has stated therein the above details. He has further stated that the Bandobast

was maintained from 27th

February, 2002 and at sensitive points, senior police officers were

posted together with their staff equipped with weapons. In his affidavit he has also stated

about the incidents which happened within the area under Sabarmati Police Station and the

steps taken by police to curb the riots and to bring about peace and harmony between two

communities.

277. During the relevant period in all 13 communal incidents were reported at the Police

Station. Out of them 7 incidents occurred in the night whereas 6 incidents occurred during

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day. It started with burning of shop belonging to member of Muslim community near Vallabh

Park Society and the disturbances gradually spread to other areas of this Police Station. In

these incidents mobs of Hindus caused damage to the shops as well as houses of Muslims.

From 28th

February, police resorted to taking various measures to curb the riot such as lobbing

teargas shells, making lathi charge and opening fire on the rioters. Table giving date-wise

occurrence of offences is given below.

Date I. C.R. No. Total Incidents 27/02/2002 48/02, 49/02 2

28/02/2002 41/02, 42/02, 43/02 3

01/03/2002 44/02, 47/02, 113/02 3

02/03/2002 45/02 1

27/03/2002 53/02 1

05/04/2002 60/02 1

27/04/2002 81/02 1

30/04/2002 83/02 1

Total :- 13

278. On 27.2.2002 two incidents occurred.

(i) On 10.3.2002 Ruksana wife of Mohmed Rajak Khushi Mohmed Pathan lodged the

F.I.R. (I-CR No.48/2002) stating that sometime between 27.2.2002 and 23.3.2002 a

mob entered house of Ruksana, situated at Kamalky Flat, Jawahar Chowk, broke her

household articles and set on fire three vehicles. Since the police could not find the

culprits even after investigation, it prayed for A summary on 5.5.2002 which was

granted by the Court on 15.11.2002. Subsequently, the case has been re-opened and

the investigation is still going on.

(ii) On 12.3.2002 Sarfaraj Kalubhai Shaikh lodged the F.I.R. (I-CR No.49/2002) stating

that between 19.00 hours of 27.2.2002 and 19.00 hours of 28.2.2002 a mob of

approximately 3000 persons broke open his shop and damaged the TV, Tape-recorder.

Since the police could not find the culprits even after investigation, it prayed for A

summary on 20.5.2002. Subsequently, the case has been re-opened and the

investigation is still going on.

Though the informants are not certain exactly on which date and at what time the

incidents occurred, since the police have shown then to have taken place on 27.2.2002

in this report they are shown to have taken place on 27.2.2002.

279. On 28.2.2002 three incidents happened.

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(i) Between 13.30 hours and 22.00 hours, mob of Hindus in areas between Janpath Three

Roads, Subhash Circle and Jawahar Chowk destroyed shops, garages, restaurants and

household goods of Muslims. Police reached there and lobbed teargas shells and also

fired rounds from their service weapons to disperse the mob. During this period

repeatedly such incidents occurred with a lull in between due to police action. Senior

P.I. P.R. Mehra lodged a composite F.I.R. (I-CR No.41/2002). During investigation

police arrested 21 persons and charge sheeted them. The case against them is pending.

(ii) Between 13.40 hours and 22.30 hours a mob of 200 to 300 persons in different

incidents set on fire some shops belonging to Muslims. Police learnt about the

incidents. P.S.I. K.B. Patel lodged a composite F.I.R. (I-CR No.42/2002). During

investigation police arrested 24 persons of Hindu community and charge sheeted

them. The trial against them is pending.

(iii) Mob of about 400 to 500 Hindus between 11.30 hours and 22.50 hours brought out

goods and furniture from shops of Muslims and burnt them and also set fire to these

shops. This happened in the area known as D Cabin and new Railway Colony. When

the police reached the place, mob ran away but after the police left, it reassembled and

caused further damage. This continued till late night. P.S.I. R.R. Dubey lodged a

composite F.I.R. (I-CR No.43/2002). During investigation police arrested 15 persons

and charge sheeted them. The trial against them is pending.

280. On 1.3.2002 three incidents happened.

(i) Near Kaila Devi Temple in Dharmnagar area a mob of 1500 to 2000 persons stopped

one auto-rickshaw in which 4 Muslims were traveling. Police Constable Dharmesh

Kalidas alongwith Head Constable Ramanbhai rushed to the spot and warned the mob

to disperse, but the warning did not have any effect. Therefore, he fired one round

from his rifle in air. The mob thereafter, ran away towards Dharmanagar Bus Stand.

Before that it had set on fire the rickshaw and caused injuries to the passengers. They

were brought to Civil Hospital but they died during the treatment. F.I.R. was lodged

(I-CR No.44/2002). Police arrested 15 persons and charge sheeted them. The trial

against them is pending.

(ii) On 1.3.2002 residential house of Samiulla Shaikh in Chenpur was broken open and

household articles were brought out and burnt and gold and silver ornaments were

stolen by some unknown persons. Samiulla Safiulla Shaikh lodged the F.I.R. (I-CR

No.47/2002). Since the police could not find out the culprits even after investigation, it

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closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(iii) On 7.6.2002 Atulbhai Dosmohmed Gurjar a Musalman lodged the F.I.R. (I-CR

No.113/2002) stating that some miscreants had broken open his house and burnt the

household articles around 13.30 hours on 1.3.2002. Police had closed the case as no

culprit could be found. Subsequently, the case has been re-opened and the

investigation is still going on.

281. On 2nd

March, 2002, a mob of Hindus confronted a mob of Muslims in the area known

as Bakra Mandi. They pelted stones and hurled burning rags at each other.

Considering the size of the mobs, as well as the seriousness of the incident, additional

police help was summoned to disperse the crowd. The police lobbed 42 teargas shells

and fired 10 rounds from the service revolvers and 11 rounds from .410 musket. Police

was able to apprehend 7 Hindus from these mobs. The F.I.R. (CR No.45/2002) was

filed by police and then it charge sheeted the culprits. The case against the accused is

pending.

282. Abdulbhai Sahidmiya Rathod was assaulted near Vegetable Market, Ranip sometime

between 19.30 hours of 27.3.2002 and 5.00 hours of 28.3.2002 by a mob of miscreants

with dangerous weapons like sword, gupti and stick. He filed the F.I.R. (CR-I-

53/2002) on 20.12.2002. He expired on 31.3.2002 and hence offence u/s. 302 IPC was

added. Police arrested 7 persons and charge sheeted them. They were acquitted by the

Court.

283. One serious incident occurred on 5th

April, 2002 in view of the rumour that a mob of

Muslims traveling in a truck was to attack the Hindus at Sabarmati but they were

intercepted and apprehended by the police. A mob of Hindus went to the Police

Station asking the police to hand over the Muslims to them. The mob desperately tried

to get the Muslims who were actually brought to Sabarmati Police Station from the

Karanj Police Station because of want of space there. To control the mob police

lobbed 125 teargas shells and fired several rounds from their service weapons. In the

process one Hindu received an injury with a shell and one Hindu named Sakrabhai

Bhalabhai Parmar died due to police firing. One Police Constable Kamlesh Nanjibhai

was dragged into the crowd and was assaulted. He received serious injuries but

survived. Six policemen were also injured in this incident. F.I.R was lodged (CR-I-

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60/2002). During investigation 44 persons were arrested and then charge sheeted. The

trial against them is pending.

284. On 29th

April 2002 in Bakra Mandi area, some mischievous elements deliberately

busted fire crackers. It was followed by serious trouble and police officers of the rank

of Additional Police Commissioner and Deputy Police Commissioner had to rush to

the spot with their striking forces and take action to disperse the crowd which was of

the strength of about ten thousand persons. Police lobbed 131 shells and thereafter

fired seven rounds from the service rifle as well as revolver. As a result of it, 7

persons received injuries out of which one person named Kanubhai Dhanjibhai

Thakore died during the treatment. The offence was registered at CR 81/2002. Police

arrested 18 persons of Hindu community and charge sheeted them. They have been

acquitted by the Court.

285. A mob of miscreants threw burning rags on the house of Mangabhai Ramjibhai

Bhangi on 30.4.2002 at about 20.30 hours. He lodged the F.I.R. (I-CR No.83/2002).

During investigation police arrested 3 persons but after investigation prayed for A

summary. Subsequently, the case has been re-opened and the investigation is still

going on.

286. Thus from 27th

February, 2002 till 30th

April, 2002, 13 incidents occurred. On 27th

February, 2002, two incidents, on 28th

February, 2002 three incidents and on 1st March, 2002,

3 incidents out of 13 took place but thereafter remaining incidents occurred intermittently

during period upto 30th

April, 2002. No incident took place thereafter. Out of 13 offences

registered with the police it requested for grant of A summary in 5 offences viz. CR

No.47/2002, 48/2002, 49/2002, 83/2002 and 113/2002. There was direction to reopen all these

cases and accordingly they have been reopened and investigation is still going on. In two

cases trial is over and six casea are pending in the Court.

287. Out of 13 incidnets in 7 incidents Hindus were the miscreants and in one incident

Hindus and Muslims attacked each other, in 5 incidents miscreants could not be found but out

of them in 4 incidnets Mulsims were the victims whereas in one incident a Hindu was the

victim. This can give indication about the community of the assailants. From these 5 cases of

unidentified assailants 4 cases have been ordered to be reinvestigated.

288. In the incidents narrated above, 7 persons – 2 Hindus and 5 Muslims lost their lives. 2

Hindus died in police action whereas 5 Muslims died due to physical assault on them.

Moreover, 11 Hindus as well as 7 Police personnel were injured in the rioting.

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289. So far as destruction of property is concerned, 117 residential houses of Muslims were

set on fire; 56 shops of Muslims and 2 shops of Hindus were burnt; one vehicle of Hindu and

86 vehicles of Muslims were damaged or destroyed due to fire. 2 Masjids were damaged.

290. In 13 incidents police impleaded 151 persons as accused and they were all Hindus.

Apart from it, under section 151 of the Cr.P.C. 122 persons, under section 107 of Cr.P.C. 175

persons, under section 110(g) of Cr.P.C. 9 persons and u/s. 135(1) of the Bombay Police Act

22 persons were detained.

291. In the area under this Police Station, curfew was imposed with effect from 6.00 p.m.

of 28.2.2002 and it was continued till 22nd

May, 2002 with intermittent relaxation or complete

lifting as per need of the situation. For committing breach of the curfew order, police had

registered 7 offences against 29 persons.

292. Out of 13 incidents which happened in the area under Sabarmati Police Station, in 7

incidents the police were present and took actions to bring the situation under control. In these

incidents police lobbed total number of 334 shells and fired 33 shots from revolver, 53 from

410 Musket, 4 from .303 rifle, total number of 90 rounds. In all 55 persons were arrested on

the spot in these incidents. The remaining incidents were brought to their notice subsequently.

293. So far as deployment of other forces is concerned, initially only 1/2 section of SRP

was given in aid of the local police but subsequently additional force of SRP was given from

time to time. Between 3rd

April, 2002 and 5th

April, 2002 and then 21st April, 2002 and 1

st

May, 2002 maximum number of sections of SRP viz. six were deployed to assist the local

police. Moreover, between 5.4.2002 and 9.4.2002 1-1/2 section of Central Industrial Security

Force was posted and it was continued till 9.4.2002. Again six sections of this force were

deployed on 23.4.2002. Between 9.4.2002 and 15.4.2002 9 sections of Central Reserve Police

Force were also posted and they were continued almost all throughout i.e. till 31st May, 2002

with intermittent withdrawal for some period. Similarly 9 sections of RAF were also deployed

till 31st May, 2002. There was no deployment of Army in this area.

294. As regards shifting of riot affected persons of minority community from the sensitive

areas is concerned, some details have been given by P.R. Mehra, P.I. in his affidavit. He has

stated that the persons who were staying in communally sensitive areas were continuously

under fear of attack by the majority community. These people were contacted by the police

and they were shifted under police protection and in police vehicles to the places of their

relatives or to the relief camp as per their wish. According to him 380 such persons were

shifted to safe places.

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295. Before the Commission 9 persons have given their evidence. Out of them 2 are Hindus

and 7 are Muslims. Witness-389 Dalpatsinh Mangaji Rajput, (Ex.660), has stated that he

resided in Chenpur area where there were 2 houses of Muslims and rest of the houses were of

Hindus. Hindus of his area protected Muslim families and they were later on shifted to a safe

place with the help of police. There was complete peace in their area.

296. Witness-390 Dhirajlal Dahyabhai Telar, (Ex.661), has stated that in their area there

was only one family of Muslims consisting of 8 to 10 members. Since they were scared to

stay there, he sought police help and shifted them to a safe place in Shah Alam. Witness-391

Haji Ibrahim Allarakhu Kureshi, (Ex.662), has stated that he and his 12 family members who

had gone for Haj had returned on 14.3.2002, were safely escorted from Airport to their

residence in Ronak Bajar by the police. In Ronak Bajar there was complete peace and people

had gathered to give them warm wel-come. He has further stated that on some day in the

month of April, at about 9.00 p.m., there was bomb explosion in his area and one shop was set

on fire but soon the Army Jawan arrived there and there was peace. However, since that day

Hindus boycotted Muslims and they stopped giving Muslims, milk, vegetables, medicines,

etc. Police made adequate arrangement for the supply of these commodities. Police had given

them adequate protection and also made efforts to maintain peace by arranging meetings of

the Peace Committee. Police had also organized continuous patrolling and established police

point in their area.

297. Witness-392 Abbas Mohmed Kureshi, (Ex.663), has referred to the incident of bomb

explosion and fire to one shop some time in April, 2002. He has also stated about non-co-

operative attitude of Hindus in supply of milk, vegetables etc. Such attitude continued for 3

months but due to the efforts of the police, the day to day life became normal. He has stated

that on 27.3.2002 Abdulbhai Rathod was injured by a mob of miscreants with sword (I-

CR/53/2002).

298. Witness-393 Aslambhai Afzalhusain Kureshi, (Ex.664), has stated that in Ranip

village there were 1000 houses of Muslims and the surrounding population was of Hindus.

Muslims were under constant fear of communal attack on them. Hindus had boycotted them

and they found it difficult to get milk, vegetables and other like commodities. However,

police helped them in getting these basic amenities.He has stated that people of his area were

under constant fear of attack despite the fact that police was helping them, hence many

Muslims had gone away from the area but others were persuaded by the police not to leave

and they stayed there. On 6.4.2002 about 60 to 70 Muslim boys were apprehended by Karanj

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Police and brought to Sabarmati and therefore, about 25,000 to 30,000 people had collected

near Sabarmati Police Station demanding custody of those boys. Police used force and saved

those Muslim boys.

299. Witness-394 Ilyasbhai Abdulla Patel, (Ex.665), worked as Teacher in Madina Masjid.

He agreed with the evidence given by Aslambhai Kureshi. He has further stated that members

of one organization, Laljibhai Desai and others, brought in a vehicle, essential commodities

and helped them.

300. Witness-395 Bashirbhai Ismailbhai Kureshi, (Ex.666), has stated that he resided in

Bakra Mandi area and the atmosphere became tense from 1.3.2002. They had good relations

with Hindus of the area and 2 or 3 persons informed them that mobs of 15,000 to 20,000

people were moving around and therefore they should be careful. He has further stated that he

contacted the Commissioner of Police on telephone but the Commissioner told him that he

was not God so that he can go there to help them. He therefore, telephoned the President of

India and wife of the President received the phone and assured him that she would apprise the

President about this. He thereafter talked to the Secretary of the President also and the

Secretary informed him that he would inform the Governor Mr. Bhandari. The witness has

further stated that he also telephoned the Governor of Gujarat who assured him that he would

get help and within 15 to 20 minutes 12 police vehicles arrived there and they drove away the

mobs. Police apprehended about 24 to 25 persons. On the following Sunday also there was

mob of miscreants but Shri Barad, Shri Mehta and other police officers of Sabarmati Police

Station drove away the rioting mob. About a month thereafter one godown was set on fire. He

has stated that all throughout police rendered good help.

301. Witness-396 Yunusbhai Hanifbhai Shaikh, (Ex.667), has stated that he resided in

Chenpur and there were only two houses of Muslim in their area. With the help of local

Corporator Udaysinh Solanki police arrangement was made and they were shifted to safe

place. In the meanwhile one mob of miscreants had set on fire house of one Muslim.

302. Witness-397 Salimbhai Mohmedbhai Ajmeri, (Ex.668), has stated that due to the

disturbed condition, he was approached by 40 to 50 persons of his area who advised him to

leave the place and go to a safe place. His friends made arrangement for a vehicle and he

reached his village safely. He has also stated that police had told them that they should call

them in case of necessity. However no necessity had arisen to call police.

303. Pursuant to the first Notification only one affidavit was filed and that was by Jani

Hinaben Jaikumar. Considering the nature of allegations and the persons against whom they

120

are made it cannot be termed as a communal incident and therefore, this affidavit has to be

ignored. After issuance of second Notification dated 5.8.2004, 61 affidavits have been filed.

46 affidavits have been filed seeking more compensation or compensation together with

rehabilitation, 13 affidavits have been filed appreciating the role of the police, 2 affidavits

have been filed wherein deponents of the said affidavits have sought reddressal for the

injustice caused to them.

304. Over and above PI Mehra, other police officers have also filed their affidavits. PI

Mehra has filed second affidavit dated 7.1.2004. In that affidavit he has referred to the

evidence of witness No.395 Basirbhai Ismail Kureshi of Ranip Exh.666 and has stated that the

story of the witness was doubtful and it had no substance in it. The allegation was that when

the witness telephoned the Commissioner of Police on 1.3.2002 seeking help, the

Commissioner told him that he was not God that he would reach there to save him. The

witness ultimately telephoned the President of India and then the Governor of Gujarat and

within 15 to 20 minutes 12 vehicles of the police arrived there and dispersed the mob. PI

Mehra has stated that the version of witness was improbable. In fact within short time of the

incident the police help reached there and police had apprehended 24 miscreants during the

course of investigation after registration of FIR CR/42/2002.

305. DCP K.C. Patel has filed affidavit dated 25.6.2002. In the affidavit he has stated that

Sabarmati Police Station falls under Zone-2 and the population of the entire Zone-2 comprises

7,25,000 Hindus, 4,44,000 Muslims and 3,85,000 others and the area covered under this zone

is 31 sq.km. He has also stated about the incident which occurred in Bakra Mandi on

29.4.2002 and the steps taken by the police to restore the peace.

306. M.T. Mehta, Assistant Commissioner of Police of L Division since 16.1.1999, has

given details regarding strength of Sabarmati Police Station and the help rendered by the

police to the minority community. He has also referred to the incident which occurred at

Sabarmati when the culprits of Karanj Police Station were brought at Sabarmati Police Station

for interrogation on 5.4.2002.

307. Gopalsinh Jagatsinh Barot P.I. who was attached to Sabarmati Police Station has filed

affidavit dated nil wherein he has stated about the steps taken by the police to deal with the

riots and to protect the members of minority residing in Bakra Mandi and Kali Gam areas. He

has also described some of the incidents which occurred within the area under Sabarmati

Police Station. He has filed second affidavit dated 18.10.2004 to cover period between

3.4.2002 and 31.5.2002. He has stated that because of the strict police bandobast and the

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efforts made by the police to establish the communal harmony no incident occurred during

this period.

308. Himansu C. Pathak, Senior Police Inspector of this Police Station from 26.4.2002 has

filed affidavit wherein he has narrated incidents that occurred on 29.4.2002 and the steps

taken by the police to deal with the miscreants.

309. Shivanand Jha, Additional Police Commissioner, Sector-1, has made passing reference

about Sabarmati Police Station in his affidavit but nothing in detail has been stated by him.

310. The witnesses examined before the Commission have, by and large appreciated the

functioning of the police. According to them police performed the duty impartially and

efficiently. It also appears from the record that incidents taking ugly turn could be averted

because of the timely action taken by the police. It also appears from the record that members

of minority community received considerable help from police in getting the basic amenities

and essential commodities when Hindus adopted non-cooperative attitude and boycotted

them. The police rendered adequate protection to people who constantly apprehended attack

by Hindus and even escorted them to safe places. Some witnesses have made grievance

against police but that has been adequately refuted by the concerned officers by narrating

correct facts. This has already been discussed above in detail. It also appears from the record

that there was no involvement of or instigation by any religious or political leader or any

political party or religious organization.

MADHUPURA POLICE STATION

311. Madhupura Police Station falls in „L‟ Division, Zone-II, Sector-I of the city. The area

under this Police Station admeasures 6.5 sq.kmts. approximately. The population of Hindus is

around 2,00,000. Population of Muslims is 60,000 approximately and of other communities

around 35000. The population comprises the rich class, as well as middle class and the labour

class. This Police Station has communal history and during previous communal disturbances

also it was considerably affected. There are many spots which can be said to be communally

very sensitive. Under this Police Station there are four police chowkies viz. (1) Dudheshwar

Police Chowky, (2) Shahpur Police Chowky, (3) Idgah Police Chowky and (4) Prem Darwaja

Police Chowky. At the relevant time the sanctioned strength of this Police Station was 2-

Police Inspectors, 12-Police Sub Inspectors, 52-Head Constable, 145-Police Constables, 1-

Woman Police Constable but the available strength at the Police Station was 2-Police

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Inspectors, 7-Police Sub Inspectors, 51-Head Constable, 132-Police Constables,1-Woman

Head Constable and 3-Woman Police Constables.

312. The record of this Police Station shows that between 27th

February, 2002 and 31st

May, 2002, 113 incidents occurred following the Godhra train incident. Table giving date-

wise occurrence of offences is given below.

313. On 28.2.2002 as many as 69 incidents happened in a single day.

Date I. C.R. No. Total

Incidents

28/02/2002

52/02, 53/02, 54/02, 55/02, 57/02, 59/02, 60/02, 61/02, 62/02, 66/02, 67/02,

68/02, 69/02, 70/02, 71/02, 72/02, 73/02, 74/02, 75/02, 76/02, 77/02, 78/02,

79/02, 80/02, 81/02, 82/02, 83/02, 84/02, 85/02, 86/02, 87/02, 89/02, 90/02,

91/02, 93/02, 94/02, 95/02, 96/02, 97/02, 98/02, 99/02, 100/02, 101/02, 102/02,

103/02, 104/02, 105/02, 106/02, 108/02, 109/02, 110/02, 111/02, 112/02,

113/02, 114/02, 115/02, 116/02, 117/02, 118/02, 119/02, 125/02, 126/02,

127/02, 130/02, 141/02, 187/02, 188/02, 189/02, 190/02

69

01/03/2002 58/02, 88/02, 107/02 3

04/03/2002 63/02, 64/02, 2

10/03/2002 92/02 1

15/03/2002 121/02, 123/02 2

16/03/2002 122/02 1

17/03/2002 124/02, 143/02 2

21/03/2002 128/02 1

23/03/2002 129/02 1

24/03/2002 131/02 1

26/03/2002 136/02, 137/02 2

27/03/2002 138/02 1

29/03/2002 139/02 1

30/03/2002 140/02 1

03/04/2002 144/02 1

08/04/2002 146/02 1

14/04/2002 149/02, 157/02 2

15/04/2002 150/02, 151/02 2

22/04/2002 158/02, 159/02 2

23/04/2002 160/02, 161/02 2

24/04/2002 162/02, 163/02, 164/02 3

26/04/2002 166/02 1

27/04/2002 167/02, 168/02 2

05/05/2002 173/02, 174/02 2

06/05/2002 175/02 1

07/05/2002 176/02 1

08/05/2002 178/02 1

09/05/2002 179/02 1

10/05/2002 180/02, 181/02 2

12/05/2002 193/02 1

Total :- 113

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(i) At about 14.30 hours, on the main road, opposite old Municipal Staff Quarters around

60 Hindus and 50 Muslims pelted stones at each other. Police reached there and tried

to disperse the mobs. The mob started throwing stones, acid filled bulbs and burning

rags at them. So the police lobbed teargas shells and also fired rounds from their

service weapons. Sadik Ahmedkhan Rasulkhan Pathan who was injured due to firing

lodged FIR (I-CR No.52/2002). During investigation police arrested 14 persons, all of

Hindu community and submitted charge sheet against them. Their trial is pending.

(ii) At about 18.00 hours, a mob of around 500 Muslims, on the main road near

Dariyakhan Ghummat, Government A Colony, attacked vehicles of the police and

pelted stones at them. Some policemen got injured. Police lobbed teargas shells and

also fired rounds from the service weapons. Rameshbhai Balashanker Trivedi, SRP

Police Constable was injured by stones. He lodged the FIR (I-CR No.53/2002). Since

the police could not find out any offender despite investigation it prayed for A

summary and then closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(iii) Balvantrai Govindlal Jani, a rickshaw driver was assaulted by 8 to 10 Muslims near

Idgah Circle at about 13.30 hours and was caused injuries with sticks, sword and acid.

He lodged FIR (I-CR No.54/2002) while in the hospital. During investigation police

arrested 5 persons and charge sheeted them. Their trial is pending.

(iv) At about 14.00 hours Nasimbanu was fatally assaulted by a mob of 20 to 30 persons

while she was running away with her family with a view to save herself. She was

attacked near Punjab Hotel on road near Jugaldas Chawl. She was unable to run fast

because of pregnancy. Her husband Nisarali Safarali Shaikh lodged FIR on 1.3.2002

which was registered at I-CR No.55/2002. Police arrested 3 persons named in the FIR.

Their trial is over and they have been convicted and sentenced by the Court.

(v) Between 2.30 hours and 3.00 hours, in Limda Chowk locality, near old Municipal

Quarters, a mob of around 100 Muslims assaulted Prataprao Narayanrao Thegurkar

with Gupti and sword and caused his death. Meanwhile police arrived there and it

lobbed teargas shells and also fired rounds and dispersed the mob. Rohitrao

Narayanrao Thegurkar, brother of the deceased lodged the FIR (I-CR/57/2002) on

1.3.2002. During investigation police arrested 19 persons and charge sheeted them.

They have been acquitted by the Court.

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(vi) On 3.3.2002 PSI C.A. Zala, of Dudheshwar Police Chowky lodged the FIR (I-

CR/59/2002) wherein he stated that in view of Bandh call given on 28.2.2002 a mob

of miscreants of the strength of 100 to 2000 attacked movable as well as immovable

properties including religious buildings and caused extensive damage to them. To deal

with the incident police took stern action due to which several persons were injured

and some died for which separate FIRs have been lodge in the Police Station. In the

investigation police arrested 8 persons of Hindu community and the prosecuted. They

were acquitted by the court.

(vii) PSI D.R.Vadher lodged FIR (I-CR/60/2002) on 3.3.2002 stating that during the period

between 7.00 hours of 28.2.2002 and 20.30 hours of 3.3.2002, mobs of fanatic

miscreants caused damage to residential houses, religious places, vehicles and other

movable and immovable properties at different places.Police took action in ths

incident by making lathicharge, lobbing teargas shells and opening fire. It was a

common FIR for different incidents. During investigation police arrested 6 persons,

one Hindu and 5 Muslims and then charge sheeted them. They were acquitted by the

Court.

(viii) On 3.3.2002 PSI J.D. Chauhan, of Prem Darwaja Police Chowky lodged the FIR (I-

CR/61/2002) wherein he stated that in view of Bandh call given on 28.2.2002 a mob

of miscreants of the strength of 100 to 1000 attacked movable as well as immovable

properties including religious properties and caused extensive damage to them. To

deal with the incident police took stern action as a result several persons were injured

and some died for which separate FIRs have been lodge in the Police Station. As the

police could not find the culprits even after investigation, it obtained A summary and

closed case. Subsequently, the case has been re-opened and the investigation is still

going on.

(ix) Similar complaint had been lodged by N.N. Vaghela PSI with regard to the incidents

that occurred between 0.00 hours of 28.2.2002 and 8.30 hours of 3.3.2002 in the area

falling under Shahpur Police Chowky. F.I.R. (I-CR/62/2002) was registered. Since the

police could not find the culprits even after investigation, it obtained A summary and

closed case. Subsequently, the case has been re-opened and the investigation is still

going on.

(x) Between 11.00 hours and 22.00 hours a mob of around 1000 persons two times

entered the house of the Lilian Habib Abdul Rehman Saiyed. First it happened around

125

11.00 hours. Police on patrolling this area noticed this and drove away the miscreants.

She thereafter alongwith her family members went to her cousin after locking the

premises. On the same night around 22.00 hours the miscreants again entered her

house and committed theft of valuable household articles. She lodged the FIR (I-CR

No.66/2002) on 6.3.2002. Police during investigation arrested 10 persons of Hindu

community and charge sheeted them. They were acquitted by the Court.

(xi) On 6.3.2002, Noorjahan Aziz Rafiq Pathan lodged the FIR stating that a mob of

around 500 persons set her house on fire, assaulted her with pipes, stripped her naked

and tried to rape her and thereafter sprinkled kerosene over her with a view to burn her

alive. She received burn injuries on her feet and right hand. In the FIR (I-CR

No.67/2002) she named some persons as the assailants along with the mob of 500

persons. Police arrested persons named in the FIR and charge sheeted them. They

were acquitted by the Court.

(xii) On 8.3.2002, Abbasbhai Gulambhai Momin lodged the FIR stating that at any time

between 7.00 hours of 28.2.2002 and 18.00 hours of 4.3.2002, a mob of around 2000

persons attacked his restaurant and caused extensive damage. Police registered FIR (I-

CR No.68/2002). Since the police could not find the culprits even after investigation,

it obtained „A‟ summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

(xiii) Jahirkhan Najirkhan Pathan lodged the FIR (I-CR No.69/2002) on 8.3.2002 stating

that on 28.2.2002 between 14.00 hours and 15.00 hours a mob of around 2000 to 2500

persons broke open his shop opposite Hajipura Garden and caused extensive damage

and also committed loot of the goods. Since the police could not find the culprits even

after investigation, it prayed for A summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(xiv) Amirali Muradali Khoja lodged the FIR (I-CR No.70/2002) on 8.3.2002 stating that on

28.2.2002 between 14.00 hours and 15.00 hours a mob of around 1500 to 2000

miscreants broke open his shop and caused extensive damage to furniture and burnt

the record of his business and also stole goods and computers from the shop. Since the

police could not find the culprits even after investigation, it obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

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(xv) Hardik Ashokbhai Shah lodged FIR (I-CR No.71/2002) on 8.3.2002 stating that on

28.2.2002 between 22.00 hours and 24.00 hours a mob of around 800 to 1000 persons

broke the wooden door of his store room and committed theft of various articles. Since

the police could not find the culprits even after investigation, it obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is

still going on.

(xvi) On 8.3.2002, Tahirbhai Ismailbhai Qureshi lodged the FIR (I-CR No.72/2002) stating

that on 28.2.2002 around 11.00 hours a mob of around 500 miscreants broke open his

shop and committed theft of iron and also his vehicles. Since the police could not find

the culprits even after investigation, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(xvii) On 8/9.3.2002 Mohmedali Hasanali Saiyed lodged FIR (I-CR No.73/2002) stating that

on 28.2.2002 between 7.00 hours and 14.05 hours, a mob of miscreants broke the

Dargah of Hajrat Sha Vali Peer situated near Shahibaug Underbridge. Since the police

could not find the culprits even after investigation, it obtained A summary and closed

the case. Subsequently, the case has been re-opened and the investigation is still going

on.

(xviii) Ahmed Mualana Pinjara lodged FIR (I-CR No.74/2002) on 9.3.2002 stating that on

28.2.2002 around 1.00 hour 8 persons named in the FIR alongwith 40 others attacked

his motor repairing garage situated opposite Tata Advance Mill near Hajipura Garden

and completely burnt 3 cars lying in it. They also set on fire his residential house

situated behind the garage. Police arrested 8 persons and charge sheeted them. They

were acquitted by the Court.

(xix) On 28.2.2002 a mob of miscreants entered Masjid named Badami Misjid near Jahangir

Mill and burnt the furniture, books and bicycle and also damaged other articles lying

in the Masjid. On 8/9.3.2002 Mohmed Ajimuddin Abdulrehman Shaikh lodged the

FIR (I-CR No.75/2002) regarding this incident. Police arrested 9 persons and

prosecuted them. They were acquitted by the Court.

(xx) On 9.3.2002 Abdul Vahid Abdul Rasul Shaikh lodged the FIR (I-CR No.76/2002)

stating that on 28.2.2002 at about 1.00 hours persons named in the FIR and 70 to 80

others set on fire his residential premises and committed loot of gold and silver

ornaments and also burnt household articles. Police arrested 2 persons and prosecuted

them. They were acquitted by the Court.

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(xxi) On 9.3.2002 Mohmednasir Mohmed Ismail Vanzara lodged the FIR (I-CR

No.77/2002) stating that on 28.2.2002 around 12.00 noon 5 persons named in the FIR

armed with swords, entered his house, committed loot and set the premises on fire.

Police arrested those 5 persons and prosecuted them. They were acquitted by the

Court.

(xxii) On 9.3.2002 Jalaluddin Allarakha Mansuri lodged the FIR (I-CR No.78/2002) stating

that on 28.2.2002 around 13.00 hours some miscreants burnt his autorickshaw and also

committed theft of gold and silver ornaments and other household articles. Since the

police did not find the culprits even after investigation, it prayed for A summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(xxiii) Iqbalbhai Hussainmiya Shaikh lodged FIR (I-CR No.79/2002) on 9.3.2002 stating that

around 12.00 hours on 28.2.2002 mob of miscreants broke open his house and

committed theft of valuable articles. During investigation, police arrested Budhaji

Varvaji Thakore and five others and prosecuted them. Court acquitted them.

(xxiv) Iqbalbhai Hasanmiya Shaikh lodged the FIR (I-CR No.80/2002) on 9.3.2002 stating

that on 28.2.2002 around 12.00 noon persons named in the FIR along with 30 others

attacked his house and set it on fire. Police prosecuted 2 persons. They were acquitted

by the Court.

(xxv) Bhabhutkhan Khajuji Kotwal lodged FIR (I-CR No.81/2002) on 9.3.2002 stating that

on 28.2.2002 around 11.00 hours a mob of miscreants attacked his house and shop and

damaged household articles and goods. Police prosecuted 3 persons of Hindu

community. The Court acquitted them.

(xxvi) Mohmedhabib Mohmedhussain Qureshi lodged the FIR (I-CR No.82/2002) on

9.3.2002 stating that between 11.00 hours of 28.2.2002 and 0.00 hours of 3.3.2002 a

mob of around 100 miscreants forcibly entered his automobile garage and set it on fire

together with vehicles kept there for repairing. Since the police did not find the

culprits even after investigation, it obtained A summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(xxvii) On 9.3.2002 Samanand Shrichand Motwani lodged the FIR (I-CR No.83/2002) stating

that between 7.00 hours of 28.2.2002 and 0.00 hours of 3.3.2002 a mob of around

2000 persons broke open his shop and committed loot of the goods lying in it and also

set it on fire. Since the police did not find the culprits even after investigation, it

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obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(xxviii)On 9.3.2002 Mohmedrafiq Usmanbhai Shaikh lodged the FIR (I-CR No.84/2002)

stating that around 12.00 noon of 28.2.2002 a mob of unknown persons entered Bava

Bar Kulla Dargah and three adjoining dargahs and also Masjid situated on Shahibaug

road, opposite Tata Advance Mills and burnt articles meant for offering prayer and

some religious books. During the investigation police arrested 9 Hindus and charge

sheeted them. The Court acquitted them.

(xxix) Anwarhusain Sarumiya Saiyed lodged the FIR (I-CR No.85/2002) on 9.3.2002 stating

that on 28.2.2002 around 10.30 hours a mob of unknown persons entered the premises

of Dargah and Masjid situated in a Kabrastan outside Shahpur Gate and caused

damage to them and also burnt the articles meant for offering prayer and religious

books. During the investigation police arrested one Hindu and prosecuted him. He was

acquitted by the Court.

(xxx) Gulamnabi Husainbhai Pathan lodged the FIR (I-CR No.86/2002) on 9.3.2002 stating

that between 7.00 hours of 28.2.2002 and 0.00 hours of 6.3.2002 a mob of 1500

miscreants in Pathan Chawl, outside Shahpur Gate, damaged his house and burnt

household articles and his scooter. Police even after investigation could not find the

culprits and therefore, prayed for A summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(xxxi) In the FIR (I-CR No.87/2002) dated 9.3.2002 Abdulkadar Jalandarkhan Pathan stated

that between 7.00 hours of 28.2.2002 and 0.00 hours of 6.3.2002 a mob of 1500

miscreants in Pathan Chawl, outside Shahpur Gate, damaged the house of his brother

and burnt household articles. Police even after investigation could not find the culprits

and therefore, it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

(xxxii) In the FIR (I-CR No.89/2002) dated 9.3.2002 Idrish alias Babulal Abdul Hamid stated

that on 28.2.2002 around 12.30 hours a mob of unknown persons caused damage to a

masjid near Shahpur Darwaja Chowky. During investigation police arrested 9 persons

and then prosecuted them for the aforesaid offences. Court acquitted them.

(xxxiii)Fakaruddin Najirmohmed Chaudhari lodged the FIR (I-CR No.90/2002) on 9.3.2002

stating that on 28.3.2002 around 12.30 hours a mob of 21 unknown fanatics entered,

damaged and set on fire religious place known as Masjid-E-Noor on Dudheshwar

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Road. Police despite investigation could not find the culprits and therefore, prayed for

A summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(xxxiv) On 10.3.2002, Iqbalhussain Mohmedbhai Shaikh lodged the FIR (I-CR No.91/2002)

stating that between 12.00 noon and 12.00 midnight of 28.3.2002 a mob of thousands

of fanatics entered his timber shop situated outside Dariyapur Gate in Iqbal Mill area,

committed loot of goods and also caused damage to the premises. Police despite

investigation could not find the culprits and therefore, obtained A summary and closed

the case. Subsequently, the case has been re-opened and the investigation is still going

on.

(xxxv) Ghyanshyambhai Shivaji Chavda lodged the FIR (I-CR No.93/2002) on 10.3.2002

stating that, on 28.3.2002 around 14.00 hours, a mob of 100 to 200 persons entered the

Inn known as Chhotalal Bhagat Dharmashala where he served as a watchman.

Miscreants caused damage to the premises and also set the store room on fire. Police

despite investigation could not find the culprits and therefore, it obtained „A‟ summary

and closed the case.

(xxxvi) On 10.3.2002, Mohmed Iqbal Gulamrasul Master lodged FIR (I-CR No.94/2002)

stating that on 28.3.2002 around 12.00 noon a mob of 100 to 200 miscreants broke

glasses of the show-room of his Petrol Pump situated near Shanker Bhuvan, damaged

furniture and also committed theft of oil tins and petrol. The mob after looting goods

set furniture and the office premises on fire. Police despite investigation could not find

the culprits and therefore, it obtained „A‟ summary and closed the case. Subsequently,

the case has been re-opened and the investigation is still going on.

(xxxvii) In the FIR (I-CR No.95/2002) dated 10.3.2002 Lalbhai Sultanbhai Vora

(Muslim) stated that on 28.3.2002 between 8.00 hours and 23.30 hours, some

miscreants started pelting stones at his house in Mai Fatesha Chawl and then set it on

fire. Police despite investigation could not find the culprits and therefore, it obtained

„A‟ summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(xxxviii) Ismail Suleman Momin lodged the FIR (I-CR No.96/2002) on 10.3.2002

stating that on 28.3.2002 around 12.00 noon 100 to 200 miscreants entered and then

set on fire restaurant owned by him and his 7 partners, situated opposite Hajipura

Garden near Delhi Darwaqja raod. Police despite investigation could not find the

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culprits and it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

(xxxix) Mehrunisha Noormohmed Ansari lodged F.I.R. (I CR No.97/2002) on 10.3.2002

stating that between 12.00 noon and 12.00 midnight of 28.2.2002 a mob entered her

house situated outside Prem Darwaja and damaged articles and committed theft of

cash, ornaments and other valuable articles and set fire to their vehicle. Police arrested

7 persons of Hindu community during investigation and they were prosecuted. Court

acquitted them.

(xl) Abdulmajid Mohmed Saiyed lodged F.I.R. (I CR No.98/2002) on 10.3.2002 stating

that around 1.00 hours on 28.2.2002 a mob entered his shop and office situated on

Mehdi Kuva Char Rasta and damaged his goods and furniture. Since the police could

not find the culprits despite the investigation, it obtained „A‟ summary and closed the

case. Subsequently, the case has been re-opened and the investigation is still going on.

(xli) Abdulajij Abdul Sarurkhan lodged F.I.R. (I CR No.99/2002) on 10.3.2002 stating that

around 1.00 hours on 28.2.2002 in slum quarters a mob of 100 to 500 Hindus

committed loot of articles kept by him in a lorry for sale. Since the police could not

find the culprits despite the investigation, it obtained „A‟ summary and closed the

case. Subsequently, the case has been re-opened and the investigation is still going on.

(xlii) Abdul Sakurbhai Buhar lodged F.I.R. (I CR No.100/2002) on 10.3.2002 stating that

around 18.05 hours on 28.2.2002 a mob entered his house and shop in Municipal Slum

Quarters and committed theft of household articles. Since the police could not find the

culprits despite the investigation, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(xliii) Jagdish Lilaram Jarwani lodged F.I.R. (I CR No.101/2002) on 10.3.2002 stating that

between 1.00 hours of 28.2.2002 and 10.00 hours of 4.3.2002 some miscreants entered

his shop and adjoining shops and damaged furniture and looted goods lying in them.

Since the police could not find the culprits despite the investigation, it obtained „A‟

summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(xliv) In the FIR (I CR No.102/2002) dated 10.3.2002 Ayubbhai Yusufbhai Shaikh stated

that on 28.2.2002 around 12.00 midnight a mob broke open his shop situated near

Badami Masjid on Shahibaug Road, set it on fire and also committed loot of the goods

lying in that shop. Since the police could not find the culprits despite the investigation,

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it obtained „A‟ summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

(xlv) Salauddin Kamruddin Ansari lodged the F.I.R. (I CR No.103/2002) on 10.3.2002

stating that on 28.2.2002 a mob of 200 to 400 persons caused damaged to his rickshaw

and shop and other adjoining shops near Badami Masjid opposite Hajipura Garden by

burning them. Since the police could not find the culprits despite the investigation, it

prayed for A summary which was granted by the Court. Subsequently, the case has

been re-opened and the investigation is still going on.

(xlvi) On 11.3.2002 Ramjanbhai Mohmedbhai Bhala lodged F.I.R. (I CR No.104/2002)

stating that on 28.2.2002 around 12.30 hours a mob of 300 persons broke open his

shop situated near Idgah circle Masjid and caused damage to it. Police arrested 8

persons of Hindu community and prosecuted them. Their trial is pending.

(xlvii) On 11.3.2002 Maksudmohmed Yunuskhan Pathan lodged F.I.R. (I CR No.105/2002)

stating that on 28.2.2002 around 23.00 hours a mob entered the old Idgah Masjid,

damaged its premises and burnt religious books. After investigation police arrested 3

persons and prosecuted them. They were acquitted by the Court.

(xlviii) Mohmedsalim Mohmedsafi Mansuri lodged F.I.R. (I CR No.106/2002) on 12.3.2002

stating that a mob broke open his shop and the shops in its neighbourehood and

committed loot of goods from those shops. Since the police could not find the culprits

despite investigation, it obtained „A‟ summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

(xlix) Yusufbhai Imam Shah Mujavar lodged F.I.R. (I CR No.108/2002) dated 12.3.2002

stating that on 28.2.2002 around 11.30 hours a mob of 400 to 500 persons attacked his

house and shop and also houses and shops of his neighbours and caused damage to

them. They burnt the household articles and goods lying in those shops. Since the

police could not find the culprits despite the investigation, it closed obtained „A‟

summary and the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(l) On 12.3.2002 Afij Sakil Ahmed Mali Ulla Uleman Ansari lodged the F.I.R. (I CR

No.109/2002) stating that on 28.2.2002 between 12.00 p.m. and 16.00 hours a mob of

400 to 500 persons attacked his house and shop and also houses and shops of his

neighbours and damaged them. They burnt household articles and also goods lying in

those shops. Since police could not find the culprits despite the investigation, it

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obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(li) Mohmedsiddik Ismail Sakarwala lodged F.I.R. (I CR No.110/2002) on 12.3.2002

stating that on 28.2.2002 around 0.00 hours a mob attacked his shop and shops of his

neighbours outside Prem Darwaja and set them on fire. Police could not find out the

culprits, hence it obtained „A‟ summary and closed the case. Subsequently, the case

has been re-opened and the investigation is still going on.

(lii) On 13.3.2002, Hyderkhan Rasulkhan Pathan lodged F.I.R. (I CR No.111/2002) stating

that on 28.2.2002 around 14.00 hours a mob of 1000 to 1500 persons broke open his

automobile repairing garage situated near Hajipura Garden and burnt vehicles lying in

it. The mob also burnt the garage and other shops. As the police could not find the

culprits despite the investigation, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(liii) On 13.3.2002 Musaddiq Ibrahimbhai Maniyar lodged FIR (I-CR No.112/2002) and

stated that around 13.30 hours on 28.2.2002 mob of around 5000 persons set on fire

his shop and adjoining shops. Since the police could not find out the culprits it

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(liv) Mohmedyusuf Abdulgafur Shaikh lodged F.I.R. (I CR No.113/2002) dated 14.3.2002

stating that on 28.2.2002 a mob of 500 to 1000 persons attacked his shop and other

shops situated in Nagori Estate and caused extensive damage as well as committed

loot of the goods lying in them. Police was not able to find the culprits and therefore it

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

(lv) Mohmedbhai Badaruddin Nagori lodged FIR (I-CR No.114/2002). In it he stated that

between 28.2.2002 and 4.3.2002 mob of 400 to 500 persons broke open his shop,

looted goods and set fire to the premises. Police could not find out the culprits and

hence it obtained „A‟ summary and closed the case. Subsequently, the case has been

re-opened and the investigation is still going on.

(lvi) On 14.3.2002, Pakashkumar Arjandas Motiani lodged F.I.R. (I CR No.115/2002)

stating that on 28.2.2002 at about 13.30 hours a mob of 400 to 500 persons attacked

his shop and adjoining shops situated in Sindhi Market outside Delhi Darwaja and

committed theft of the goods lying in them and set these shops on fire. Since the police

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could not find the culprits despite the investigation, it prayed for A summary and then

closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(lvii) Sabidkhan Abilkhan Pathan filed FIR (I CR No.116/2002) dated 14.3.2002 stating that

on 28.2.2002 at about 12.00 noon a mob of 2000 persons armed with dangerous

weapons in Jugaldas chawl entered his machinery shop and office and caused damage

therein. He witnessed the incident from a distance. Police arrested 18 persons of Hindu

community and prosecuted them. 10 accused were acquitted by the Court and trial is

pending against 8 accused.

(lviii) On 14.3.2002, Habib Abdul Miyana lodged F.I.R. (CR No.117/2002) on 14.3.2002

stating that on 28.2.2002 at about 12.00 noon in the area known as Idgah Girdharnagar

a mob of 500 to 1000 persons damaged his house and other houses including houses of

Hindus situated there and caused extensive damage and committed theft of goods.

During investigation police arrested 6 persons of Hindu community and prosecuted

them. The Court acquitted them.

(lix) On 14.3.2002 Iqbalkhan Mehbubkhan Pathan lodged F.I.R. (I CR No.118/2002)

stating that on 28.2.2002 a mob of 500 to 1000 persons attacked his house and houses

of others outside Shahpur Darwaja and caused damage to them. During investigation

police arrested two Hindus and then prosecuted them. Trial against them is pending.

(lx) Fazalmehmud Adulsamad Lokhandwala lodged F.I.R. (I CR No.119/2002) dated

14.3.2002 stating that on 28.2.2002 at about 16.00 hours a large mob caused damage

to his office premises situated outside Prem Darwaja. During investigation police

arrested one Hindu who was subsequently prosecuted. He was acquitted by the Court.

(lxi) On 18.3.2002 Chandubhai Hajimohmed lodged F.I.R. (I CR No.125/2002) stating that

between 12.00 noon and 12.00 midnight of 28.2.2002 his shop and shops of others

were burnt by the miscreants outside Prem Darwaja, opposite Century Market. Since

the police could not find the culprits despite the investigation, it obtained „A‟

summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(lxii) Suleman Daudbhai Talat lodged F.I.R. (I CR No.126/2002) on 28.3.2002 stating that a

mob entered Alla Malik Takiya Masjid and Cemetary near Rajnagar Mills and

damaged articles meant for offering prayers and burnt religious books. During

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investigation police arrested 7 persons and prosecuted them. They were acquitted by

the Court.

(lxiii) On 21.3.2002 Girishbhai Revabhai Chauhan lodged the F.I.R. (I CR No.127/2002)

stating that around 20.30 on 28.2.2002 while he was driving his auto-rickshaw near

Idgah Circle a group of 8 to 10 Muslims threw at him acid filled glass bottle. The

bottle exploded and as a result of it, he received burn injuries on several parts of his

body. Police arrested 5 persons and prosecuted them. They were acquitted by the

Court.

(lxiv) On 24.3.2002, Kadarali Bhanwarali Kayarali lodged the F.I.R. (I CR No.130/2002)

stating that on 28.2.2002 around 12.00 noon a mob which included seven persons

named in the FIR burnt his shop near New Manek Mill and caused extensive damage.

During investigation the police arrested 11 persons of Hindu community and charge

sheeted them. They have been acquitted by the Court.

(lxv) On 31.3.2002, Zakirhusain Ismail Shaikh lodged the FIR (I CR No.141/2002) stating

that on 28.2.2002 at 21.30 hours a mob of 500 to 1000 Hindu set his house on fire.

During investigation the police arrested 22 persons and charge sheeted them. They

were acquitted by the Court.

(lxvi) On 19.5.2002, Abdul Jabbar Ramjanji Nagori lodged FIR (I CR No.187/2002) on

29.5.2002 stating that between 00.00 hours of 28.2.2002 and 0.00 hours of 4.3.2002

some persons attacked his residential house, shop of his neighbour and committed

theft of goods. Since the police could not find the culprits, it obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is

still going on.

(lxvii) On 19.5.2002 Akbar Abdulajij Shaikh lodged FIR (I CR No.188/2002) stating that on

28.2.2002 around 12.45 hours a mob of 1000 to 1500 persons looted goods and set on

fire his house and houses of his neighbours. Since the police could not find the

culprits, it obtained „A‟ summary and closed the case.

(lxviii) On 19.5.2002, Ashik Bachubhai Vora lodged FIR (I CR No.189/2002) stating that on

28.2.2002 at 12.30 hours a mob of 1000 to 1500 persons looted and set on fire his

house and that of his neighbours. Since the police could not find the culprits, it

obtained A summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

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(lxix) On 19.5.2002, Mohmedhanif Usmanbhai Shaikh lodged FIR (I CR No.190/2002)

stating that on 28.2.2002 at 23.30 hours a mob of 1000 to 1500 persons burnt his FIAT

car, looted and damaged his garage and the residential house of his brother. As the

police could not find out the culprits, it prayed for A summary and then closed the

case. Subsequently, the case has been re-opened and the investigation is still going on.

314. On 1.3.2002 three incidents happened.

(i) Around 16.00 hours, on Dudheshwar Road near Hanumanpura, Najirkhan Vajirkhan

was assaulted and burnt alive by 15 to 20 persons. Jamirkhan Vajirkhan Pathan,

brother of the deceased, lodged the FIR (I-CR No.58/2002). Police during

investigation arrested 3 persons and prosecuted them. They were acquitted by the

Court.

(ii) Badrekhan Ahmedali Muslim lodged the FIR (I-CR No.88/2002) on 9.3.2002 stating

that on 1.3.2002 around 16.00 hours a mob of 400 to 500 Hindus broke open his shop

and looted goods and also set on fire the premises. Police despite investigation could

not find the culprits and therefore, prayed for A summary and then closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(iii) On 12.3.2002, Kallubhai Abdulbhai Shaikh lodged F.I.R. (I CR No.107/2002) stating

that on 1.3.2002 around 1.00 hour a mob of 200 to 250 persons attacked a masjid near

Idgah Circle and caused death of his brother Yasin Abdullabhai by setting him ablaze.

In the meantime police arrived there and lobbed teargas shells and fired rounds from

their service weapons. Police during investigation arrested two Hindus and prosecuted

them. The Court acquitted them.

315. On 4.3.2002 two incidents occurred.

(i) Around 9.00 hours two persons named in the FIR alongwith two unknown persons

assaulted Amin Ahmed Malek at the entrance of Jugaldas Chawl No.4 and caused him

injuries with weapon like sword and also gave him kick and fist blows. His wife took

him to a hospital. He lodged the FIR (I-CR No.63/2002). Police during investigation

arrested 4 persons and prosecuted them. Their trial is pending.

(ii) Around 11.00 hours, one unknown person delivered a blow with iron pipe on the head

of Ajijan Nisha Abdul Kadar Shaikh, mother of Hurbanu w/o. Firozkhan Yasinkhan

Shaikh outside Shahpur Darwaja. FIR was filed by Hurbanu wife of Firozkhan (I-CR

No.64/2002). Since the police could not find culprit during the investigation, it prayed

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for A summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

316. On 10.3.2002 Sufiyanbhai Yusufbhai Qureshi and four others tried to instigate

Mustufaali Mumtajali Saiyed and his family members to participate in riots and when they

refused to do so, these instigotors gave filthy abuses and assaulted them. Mustufaali lodged

the FIR (I-CR No.92/2002). Police filed a charge sheet against those culprits. Their trial is

pending.

317. On 15.3.2002 two incidents happened.

(i) At about 23.15 hours, on the road near Idgah Circle there was pelting of stones,

throwing of burning rags and acid filled bulbs by members of both the communities.

Police reached there and resorted to lathi charge. The miscreants attacked the police

also. There was private firing from roof tops of the houses in a Muslim chawl. PSI

D.R. Vadhera lodged the F.I.R. (I CR No.121/2002) on 15.2.2002. During

investigation police arrested 51 persons of both the communities and 14 miscreants

were reported absconding. Police charge sheeted them. Their trial is pending.

(ii) Around 22.00 hours, a mob of 500 persons armed with dangerous weapons led by

Kishansinh Raghunath Rajput and others attacked houses of Saburani Mohmedali

Saiyed and his neighbours, committed theft of household articles and damaged their

furniture. F.I.R. (I CR No.123/2002) was filed by him. Police arrested 14 persons and

prosecuted them. Their trial is pending.

318. On 16.3.2002, around 0.30 hours a mob of 400 to 500 Muslims armed with dangerous

weapons like swords, sticks, pipes, dhariyas, gupti, daggers attacked and damaged shops of

Hindus near Gurudwara on the main road near Dudheshwar Cross roads. There was police

bandobast at the cross roads. There was firing from the mob towards the police. A mob of

Hindus armed with dangerous weapons had also gathered there to counter attack. Police

lobbed teargas shells and fired some rounds. Several persons were injured due to firing, out of

them Irfan Mansuri died subsequently. PSI C.A. Zala lodged F.I.R. (I CR No.122/2002).

During investigation police arrested 37 persons of both the communities, but ultimately

charge sheeted 45 persons. They have been acquitted by the Court.

319. On 17.3.2002 two incidents happened.

(i) At about 13.30 hours, some unknown persons of Muslim community broke window

panes and threw burning rags in the Printing Press of Kamlesh Maneklal Patel. His

stationary and machine were burnt. He lodged the F.I.R. (I CR No.124/2002). Since

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the police could not find the culprits despite the investigation, it prayed for A

summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(ii) Rajesh Juhaji Thakore lodged FIR on 2.4.2002 stating that on 17.3.2002 around 10.30

hours, near Bharat Bakery, some miscreants threw acid on him causing burns on his

shoulder, stomach and other parts of the body. He filed FIR (I-CR No.143/2002)

against unknown persons. Since the police could not find out the culprits even after

investigation it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

320. On 21.3.2002, at around 18.00 hours, Mahendrabhai Himatlal Parmar was carrying

passenger in his rickshaw and when he reached Shahpur Mill Municipal bus stand 8 to 10

persons armed with knives encircled the rickshaw and attacked him. The passenger who

appeared to be a Muslim was also attacked while he was running away. Mahendrabhai was

admitted into Civil Hospital where he found that the said passenger was brought there but he

had expired. He was later identified as Anwarhussain Allarakha Shaikh. He was later

identified as Anwarhussain Allarakha Shaikh. He lodged the F.I.R. (I CR No.128/2002).

Since the police could not find the culprit even after investigation, it obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

321. On 23.3.2002 Sureshbhai Ramanlal Raval was stopped near Shahibaug Underbridge

by two unknown persons riding on a motor-bike to inquire about the way to Himatnagar.

Immediately thereafter the pillion rider caused an injury on the hand of Sureshbhai with a

sharp cutting instrument and they sped away. Sureshbhai lodge F.I.R. (I CR No.129/2002).

Since the police could not find the culprits even after investigation, it obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

322. On 24.3.2002, around 18.45 hours, a mob of 200 to 250 persons assaulted and killed

Mohmedsarik Salamatulla Qureshi and Abdul Razak Qureshi on the road near Idgah circle.

Incident occurred when the police had just left the spot after instructing the deceased persons

to shut down their shops and go home. Police immediately went to the spot and combed the

area and arrested 47 persons. PSI J.D. Chauhan of Prem Darwaja Police Chowky lodged

F.I.R. (I CR No.131/2002). These 47 persons were charge sheeted. Out of them 28 accused

have been acquitted whereas trial against rest accused is pending.

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323. On 26.3.2002 two incidents happened.

(i) A mob of 200 to 500 Muslims around 15:30 hours, armed with dangerous weapons

started pelting stones at Hindus. Police reached there on receiving a message. This

incident occurred in Ramlal No Khado outside Shahpur Gate. Police took action to

disperse the mob. Some of the rioters were apprehended on the spot. PSI Zala of

Dudheshwar Police Chowky lodged F.I.R. (I CR No.136/2002). Police arrested 7

persons and charge sheeted them. Out of them four were acquitted and three were

convicted by the Court.

(ii) Around 15.30 hours, 15 to 20 persons led by Kunjal alias Kaliya threw burning rags

on the house of Samsuddin Abdulrehman Shaikh, a decorator, who had already left the

house with his family because of a threat given to him. The material for decoration

was burnt. He lodged the F.I.R. (I CR No.137/2002) at 8.15 p.m. During investigation

police arrested 8 persons and charge sheeted them. They were acquitted by the Court.

324. On 27.3.2002, in the area known as Ramlal No Khado, Hindus and Muslims pelted

stones and threw burning rags at each other causing damage to some residential houses. Police

reached there and took into custody 28 persons of both the communities on the spot. PSI G.M.

Malek lodged F.I.R. (I CR No.138/2002) against them and other unknown persons. During

investigation the police arrested some more persons and charge sheeted them. They have been

acquitted by the Court.

325. On 29.3.2002, around 1.15 hours in Ramlal No Khado, Nasirkhan Umravkhan Pathan

threatened the Hindus to leave the area. Policemen who were patrolling the area soon reached

there on receiving a message. During combing police found dangerous weapons from the

house of Nasirkhan and his son Imrankhan Pathan. PSI Zala lodged the F.I.R. (I CR

No.139/2002). The police prosecuted both of them. They were acquitted by the Court.

326. On 30.3.2002, Yakubbhai Hajiali Noor was assaulted near Hajipura Garden by 5

persons who were armed with weapons like Gupti and knife. He identified one person as

Darshrath Dantro. He therefore lodged F.I.R. (I CR No.140/2002) against him and other

unknown persons. During investigation the police arrested 4 persons and prosecuted them.

They were acquitted by the Court.

327. About 10 to 15 persons fatally attacked Mohmed Raees alias Bambaiya on 3.4.2002

around 15.30 hours as he was having illicit relations with a girl of Devi Pujak community. His

brother Rafikbhai Adabhai Qureshi lodged F.I.R. (I CR No.144/2002). The police arrested

and prosecuted 7 persons of Hindu community. They were acquitted by the Court.

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328. On 8.4.2002, at about 15.00 hours, Sherkhan Mehbubkhan Pathan was attacked by

four persons named in the FIR near Dharni Society in Devjipura area. He lodged F.I.R. (I CR

No.146/2002). During investigation the police arrested 4 Hindus and charge sheeted them.

They were acquitted by the Court.

329. 14.4.2002 two incidents happened.

(i) At about 14.40 hours on 14.4.2002, a mob of 600 to 700 Muslims near Idgah Circle,

attacked the police by throwing acid filled bulbs, petrol as well as kerosene bombs and

the burning rags when the police told them to disperse. Police, therefore, took stern

action by way of lathi charge and firing to curb the riot. PSI D.R. Vadher lodged the

F.I.R. (I CR No.149/2002) against 29 persons who were apprehended on the spot and

two more who were identified. Police prosecuted Gulabmohmed Shaikh and 30 others.

They were acquitted by the court on 29.7.2003.

(ii) J.R. Nayak, PSI of Shahpur Darwaja Bahar Police Chwoky lodged the FIR (I CR

No.157/2002) on 21.4.2002 stating that on 14.4.2002 between 14.00 hours and 16.00

hours, mobs of both the communities consisting of about 1000 to 1500 persons, near

Delhi Darwaja vegetable market, came on the road and started attacking each other as

a result of which Manjulaben Jayantilal Dantaniya was injured. Police lobbed teargas

shells and dispersed the mob. Since the police could not find the culprits, it obtained A

summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

330. On 15.4.2002 two incidents happened.

(i) At about 10.15 hours, mobs of 600 Muslims and 400 Hindus attacked each other and

also set on fire some shops and kachcha huts. Police on reaceiving the information

reached there and opened fire to disperse the mobs. Police also apprehended 4 persons

on the spot and identified five others. PSI B.R. Vadher of Idgah Police Chowky

lodged the F.I.R. (I CR No.150/2002). Due to police firing one Hindu Rajubhai

Pratapbhai Thakore had died. Police ultimately prosecuted 10 persons, 4 Hindus and 6

Muslims. They have been acquitted by the Court.

(ii) At about 9.30 hours a mob of Hindus armed with dangerous weapons pelted stones at

the police. Police ultimately resorted to firing. Police also identified several persons

from the crowd. G.C. Ravat, Sr. P.I. lodged the F.I.R. (I CR No.151/2002). Police

prosecuted 5 Hindus. Trial against them is pending.

140

331. On 22.4.2002 two incidents happened.

(i) Between 14.45 hours and 15.45 hours a mob of unknown persons attacked Firoz

Mohmed with pointed weapons and caused his death. The incident occurred near

Teliya Mill, outside Prem Darwaja. His father Mohmed Hussain Mohmed Nazir

Shaikh lodged the F.I.R. (I CR No.158/2002). Police prosecuted 10 persons of Hindu

community. Their trial is pending.

(ii) Around 13.45 hours, 6 to 7 persons assaulted Allarakha Gulamrasul Ghanchi and two

others near Garden outside Dariyapur Gate. He lodged the F.I.R. (I CR No.159/2002).

Since the police could not find the culprits, it prayed for A summary and closed the

case. Subsequently, the case has been re-opened and the investigation is still going on.

332. On 23.4.2002 two incidents happened.

(i) Around 14.00 hours on 23.4.2002 Abdul Rauf Abdul Shaikh was assaulted by some

unknown persons with sticks and pointed weapons near Century Market outside Prem

Darwaja. He lodged the F.I.R. (I CR No.160/2002). Since the police could not find the

culprits, it obtained „A‟ summary and closed the case. Subsequently, the case has been

re-opened and the investigation is still going on.

(ii) Between 14.00 hours and 19.45 hours a mob of 250 to 400 persons attacked the police

and their vehicles with stones and also set on fire shops situated on the main road in

Devjipura area. Police Constable Jitendrabhai Arvindbhai lodged the F.I.R. (I CR

No.161/2002). During investigation the police arrested 24 Muslims and charge sheeted

them. Their trial is pending.

333. On 24.4.2002 three incidents happened.

(i) Between 11.00 hours and 11.45 hours, mobs of Hindus and Muslims attacked each

other and pelted stones. Police on receiving the message from the control room

reached there and dispersed the mobs. Asstt. Police Commissioner of „L‟ Division,

Ahmedabad city, M.T. Mehta lodged the F.I.R. (I CR No.162/2002). During

investigation the police arrested 7 persons, 6 Hindus and one Muslim and charge

sheeted them. Their trial is pending.

(ii) Between 14.45 hours and 16.15 hours a mob of around 5000 Hindus attacked Hajrat-

Noorsha-Bawa Ni Dargah near office of the Police Commissioner and burnt books on

religion and also some religious articles. Akbar Bapu Siddik lodged the F.I.R. (I CR

No.163/2002). Since the police could not find the culprits, it obtained „A‟ summary

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and closed the case. Subsequently, the case has been re-opened and the investigation is

still going on.

(iii) Muljibhai Khengarbhai lodged the FIR (I CR No.164/2002) on 25.4.2002 stating that

between 16.00 hours and 16.30 hours of 24.4.2002 some unknown persons caused

damage to 4 houses of Muslims and also committed theft in his house. Since the police

could not find the culprits, it obtained „A‟ summary and closed the case. Subsequently,

the case has been re-opened and the investigation is still going on.

334. On 26.4.2002 between 15.30 hours and 17.30 hours, mobs of Hindus and Muslims

pelted stones at each other and also set residential houses on fire. Police on receiving

information reached there and lobbed teargas shells and also opened fire. Certain persons in

the mob were identified by the police. ASI Jaswantsinh Takhatsinh lodged the F.I.R. (I CR

No.166/2002). Police arrested 13 persons of Muslim community and charge sheeted them.

Their trial is pending.

335. On 27.4.2002 two incidents occurred.

(i) Around 14.30 hours, mobs of Hindus and Muslims pelted stones at each other and also

set on fire residential houses. One masjid situated in Devjipura area was also attacked.

Police reached there on receiving a message and opened fire to disperse the mob. PSI

C.A. Zala lodged the F.I.R. which was registered at I CR No.167/2002. Police in all

arrested and prosecuted 25 persons, 16 Hindus and 9 Muslims by charge sheeting

them. Their trial is pending.

(ii) Between 14.00 hours and 14.30 hours, certain unknown persons burnt the house of

Hiyauddin near Ayesha Baug near Shahpur Police stadium. Manharbhai Thakorebhai

lodged the F.I.R. (I CR No.168/2002) against unknown persons. Since the police could

not find the culprits, it prayed for A summary and closed the case. Subsequently, the

case has been re-opened and the investigation is still going on.

336. On 5.5.2002 two incidents happened.

(i) Between 11.30 hours and 12.00 noon, near Old Municipal Staff Quarters at Dhobighat

cross roads, mobs of Hindus and Muslims attacked each other by throwing stones, acid

filled bulbs and string bombs. Police was present at Dhobighat cross roads and hearing

the commotion they reached the spot. Certain persons were identified by the police.

Police had also noticed two persons named Aslam Garagewala andNasir Saeedmiya

causing injury with a knife to Parshottam Sharma. Police opened fire. Unarmed Head

Constable Ravjibhai Nagjibhai lodged the F.I.R. (I CR No.173/2002). Police arrested

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and prosecuted in all 6 persons. They were acquitted by the Court. Four more persons

who were absconding could not be prosecuted.

(ii) Two persons named Kamlesh Parshottamdas Sindhi and Dinku of Shahi Electric,

around 11.30 hours, assaulted Mohmed Aslam Rahim Pathan near Dhobighat Cross

roads, on account of breaking of garage wall. F.I.R. (I CR No.174/2002) was lodged

by Mohmed Aslam on 6.5.2002. At the end of investigation police found that it was a

false case and requested for B summary which was granted on 31.10.2002.

337. On 6.5.2002 at about 17.15 hours, certain persons travelling in a FIAT car exploded

bombs near K.S.Lokhandwala Chawl on the main road, with a view to create terror. The

explosion caused injury to several persons and also the cattle. Kamlesh Hasmukhbhai Patel

lodged the F.I.R. (I CR No.175/2002). Since the police could not find the culprits, it obtained

„A‟ summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

338. On 7.5.2002 around 15.15 hours, two houses near Mahakali temple in Vidhya

Mahadev Chawl, were set on fire. Paresh Parshottam, Police Constable suspected some

persons as the persons who had done it. He therefore, lodged the F.I.R. (I CR No.176/2002)

against them. Police arrested 5 persons of Muslim community and charge sheeted them. They

were acquitted by the Court.

339. On 8.5.2002 Between 14.30 hours and 15.30 hours, persons named in the FIR

alongwith 150 to 200 persons shouted anti-Muslim slogans during the funeral of Manuji

Thakore who had died in a communal incident and set on fire certain houses. Police

bandobast was already there. Police lobbed teargas shells and also fired rounds from their

service weapons. The incident occurred near Idgah Circle. PSI J.D. Chauhan lodged the F.I.R.

(I CR No.178/2002). Police arrested 6 persons and charge sheeted them. They were acquitted

by the Court.

340. On 9.5.2002 around 14.15 hours, a mob of 1000 to 1500 persons alongwith 7 persons

named in the FIR pelted stones in the area near Delhi Darwaja Lalakaka Vegetable Market.

Police while patrolling the area reached there and lobbed teargas shells to disperse the mob. 7

persons were apprehended on the spot and 4 persons who had escaped were also identified.

PSI J.R.Nayak of Shahpur Darwaja Police Chowky lodged the F.I.R. (I CR No.179/2002).

Police arrested 11 Hindus and charge sheeted them. Their trial is pending.

341. On 10.5.2002 two incidents happened.

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(i) Between 10.00 hours and 10.30 hours one unknown person caused an injury on the

left hand of Harish Parshottam Makwana. He lodged F.I.R. (I CR No.180/2002). Since

the police could not find the culprits, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

(ii) Rajubhai Ravjibhai Thakore lodged FIR (I CR No.181/2002) on 13.5.2002 stating that

on 10.5.2002 around 14.30 hours, some unknown person travelling in TATA Sumo

vehicle exploded bomb near his hand lorry outside Dariyapur gate near Anand Bhuvan

building. It caused injuries to him and one unknown paddle rickshaw owner. Since the

police could not find the culprits, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

342. On 21.5.2002 Abdulrahim Abdulrazak Shaikh lodged FIR (I CR No.193/2002) stating

that between 17.30 hours of 12.5.2002 and 7.30 hours of 13.5.2002 some persons entered the

dargah managed by him which is situated near Litho Press on Dudheshwar Road, outside

Delhi Darwaja and damaged it. Since the police could not find the culprits, it obtained „A‟

summary and closed the case. Subsequently, the case has been re-opened and the investigation

is still going on.

343. The aforesaid incidents would clearly show that the area under this Police Station was

completely gripped in communal frenzy on 28.2.2002 and as many as 69 incidents happened

in a single day. These incidents included two offences of murder, two offences of causing

physical injury, 22 offences of rioting and 43 offences of rioting with theft. In no other Police

Station incidents in such large number have occurred in a single day except Naroda. However,

the communal fury subsided amazingly on the following day and on 1.3.2002 only 3 incidents

occurred but they were of serious nature. In these 3 incidents 2 deaths were caused and there

was one incident of rioting with theft. Following two days i.e. 2nd

and 3rd

March, 2002 were

incident free but on 4.3.2002 two stray incidents happened in which injuries were caused to

the victims. Thereafter for about six days the area remained quiet and on 10.3.2002 one

incident of rioting happened. Again for 5 days there was peace but on 15.3.2002 two incidents

occurred, one of physical assault and the other of rioting with dacoity. On 16.3.2002 only one

incident of physical assault with dacoity occurred, whereas on 17.3.2002 two incidents

happened, one of mischief and the other of rioting. Following 3 days were quiet. Between

21.3.2002 and 30.3.2002 8 incidents occurred, one on each day except on 26.3.2002 when 2

incidents happened. These incidents were of serious nature like murder, grievous hurt, rioting

and communal incitement etc. Even in the month of April, 2002 the incidents happened but

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from 3rd

April to 14th

April, 2002 the incident happened after a lapse of about 4 to 5 days in

between. Again between 22.4.2002 and 27.4.2002, except on 25.4.2002 there were incidents

of murder and rioting, etc. Thereafter for 3 days nothing happened and thereafter on 6th

, 7th

,

8th

, 9th

and 12th

May, 2002, daily one incident happened and on 5.5.2002 and 10.5.2002 two

incidents occurred on each day. Thus in all 113 incidents happened. Out of them 12 incidents

happened at the night and 101 incidents happened during day time. In these incidents, 11

persons lost their lives, out of which 2 were Hindus and 9 were Muslims. One Hindu and one

Muslim died in police firing whereas one Hindu and 8 Muslims lost lives in the incidents of

rioting. Due to physical assault on them 46 persons received injuries. Out of 113 incidents in

56 incidents police was able to apprehend the culprits whereas in rest of the cases, police was

unable to find them despite investigation. For 56 incidents, police arrested 592 culprits out of

which 416 were Hindus and 176 were Muslims.

344. From 113 incidents which happened in the area under Madhupura Police Station, in 25

incidents the police was present and had taken actions to bring the situation under control. In

these incidents police lobbed 107 hand grenades, 151 S.R., 248 L.R., total number of 506

shells. Similarly, police fired 34 rounds from revolver, 57 rounds from 410 Musket, 103

rounds from .303 rifle, total number of 194 rounds.

345. From 113 incidents in 40 incidents Hindus and 12 incidents Muslims were the culprits.

Out of 40 incidents involving Hindus in 2 incidents (I-CR/83/2002) and (I-CR/163/2002) the

culprits were not found and „A‟ summary was granted and in one case (I-CR/174/2002) „B‟

summary was granted and cases were closed. In 12 incidents involving Muslims in 2 cases (I-

CR/53/2002 and I-CR/124/2002) „A‟ summary was granted and cases were closed. In 9

incidents mobs of both communities attacked each other. There were 51 incidents in which

police could not trace the miscreants despite investigation but out of these 51 incidents in 37

incidnets Muslims were the victims since either their properties were attacked or there was

physical assault on them. Therefore, it can safely be presumed that the assailants were Hindus.

Similarly, in 11 incidents Hindus were the victims, therefore, in all probabilities their

assailants were Muslims. In one incident (I-CR/164/2002) identity of the miscreants could not

be known despite investigation but victims were members of both the communities. In one

composite offence (I-CR/60/2002) during period between 28.2.2002 and 3.3.2002 mobs of

both communities, separately at different times caused damage to properties of other

community. In this incident some miscreants were arrested. However, in 2 similar instances

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(I-CR/61/2002) and (I-CR/62/2002) identity of miscreants could not be known but they

caused damage to public as well as private properties.

346. Destruction of or damage to the property was on a large scale, 442 residential houses

of Muslims, 23 houses of Hindus, 275 shops of Muslims, 50 shops of Hindus, 90 vehicles of

Muslim and 8 vehicles of Hindus were set on fire. Over and above this 4 Dargahs and 5

Msjids were also set on fire. So far as looting is concerned, 146 houses of Muslims and 13

houses of Hindus and one shop of Muslim were looted. Further 6 houses of Muslims, 3

houses of Hindus, 2 shops of Muslims and 2 Dargahs were damaged due to breaking. The

monetary loss caused due to damage to the residential houses was to the extent of

Rs.2,55,51,200/-; The loss due to damage or destruction of the shops was to the extent of

Rs.5,08,60,037/-; Damage caused to the religious places i.e. Dargah and Masjid in all 13 in

number was to the extent of Rs.13,14,000/-.

347. As preventive measures, police detained 52 Hindus and 25 Muslims under the

provisions of Criminal Procedure Code; 40 Hindus and 7 Muslims under the provisions of

Bombay Police Act, 2 Hindus under PASA. 88 persons were detained for committing breach

of the curfew orders.

348. Out of 113 incidents, in 70 incidents, the FIR was recorded at a belated stage i.e.

several days after the date of incident. Common reasons given by the police are that due to

Bandh call given by VHP on 28.2.2002, the concerned informant had locked his shop and

thereafter due to disturbances, he could not visit it for several days and later when the things

were quiet he visited the shop, he found that it was either damaged or completely destroyed

due to arson or breaking and only after learning the state of shop he went to lodge the FIR.

There is also one more reason advanced that due to disturbed condition, the concerned

informant had gone away either to his native place or to a place of relative or acquaintance or

to a relief camp and only after returning from there, he lodged the FIR.

349. Due to the riots, additional force of SRP was deployed right from 28.2.2002 onwards

and maximum number of sections i.e. 9 sections were deployed between 24.4.2002 and

17.5.2002. Similarly one section of central Industrial Security Force was deployed from

16.4.2002 and on 26.4.2002 3 more sections were added and this deployment was continued

till 18.5.2002. 3 sections of Border Security Force were deployed from 7.3.2002 and they

were continued till 31st May, 2002. So far as Central Reserve Police Force is concerned, 9

sections were deployed on 9.4.2002 and the number increased to 18 between 19.5.2002 and

31.5.2002. One platoon of Rapid Action Force was deployed on 16.3.2002 for a day.

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Thereafter 9 sections were deployed between 24.4.2002 and 26.4.2002 and then withdrawn

but again they were deployed on 5.5.2002 and 6.5.2002. So far as deployment of Army is

concerned, one column was deployed with effect from 12.30 afternoon of 1.3.2002. The

second column was deployed on the next day i.e. on 2.3.2002 at 7.00 a.m. These columns

were continued till 10.3.2002.

350. In pursuance of the first notification issued by the Commission 78 persons have filed

affidavits, out of which 12 affidavits have been filed by Muslims whereas 66 have been filed

by Hindus. Samsherkha Shabbirkha (Exh.2668) has stated in his affidavit dated 7.9.2004 that

in their locality, Muslims were attacked by the Hindus and Police Inspector Ravat with his

police force did not make any attempt to protect the person and properties of the Muslims. On

the contrary he appeared to be helping the Hindus. He has further stated that Police Inspector

Ravat also participated in the Maha Aarati programme and because of his connivance

Muslims suffered total loss of their business places as well as residential houses. Siddikbhai

Kadarbhai (Exh.2669) has also filed an affidavit which is a verbatim reproduction of the

contents of the affidavit of Mr. S.S. Pahtan. So far as rest of the affidavits are concerned,

Hindus have deposed about the attack by Muslims on them and destruction of their properties

by the Muslims, whereas in the affidavits filed by the members of Muslim community they

state that the attack of 28th

February, 2002 on Muslims was pre-planned because some time

prior to it certain ladies visited the houses of Muslims, made inquires about the family

members and other details and while leaving put red mark on the houses of Muslims which

mark could not be wiped out. Ultimately on 28th

February, 2002, these houses were made

target of attack by the Hindus.

351. We have carefully perused these affidavits. The allegations made by Mr.

Shamsherkhan Shabbirkhan and Siddikbhai Madarbhai are identical and they have leveled

allegations against police and in particular Police Inspector Ravat. They have also alleged that

the workers of VHP, BJP and other Hindu organizations organized Maha Aarati and in that

Aarati about 3000 to 5000 Hindus had gathered and they shouted to kill Muslims and burn

their properties. They have stated that even PI Ravat had taken part in it. PI Ravat has filed

affidavit and repudiated these allegations. He has stated that the affidavits filed by Mr.

Shamsherkhan Shabbirkhan and Siddikbhai Madarbhai are identical and they have been

printed in same computer. He has also stated that they have not come forward to give their

evidence and whatever they have stated is not true. We have also found that both the

affidavits are verbatim and the deponents thereof have not stepped into witness box to prove

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the allegations. So far as the affidavits filed by a group of Hindu deponents are concerned, we

find that the contents of these affidavits are identical and they have been identified by the

same person before the Notary. They have made allegations against Muslims stating that they

shouted anti national slogans and slogans to kill Hindus. These deponents have also not

stepped into witness box. It is therefore, difficult to accept their story at its face value. Ther

are certain affidavits which are required to be dealt with.

352. Faridabanu in her affidavit (Exh.4655) has referred to an incident of attack on her

locality and alleged that the said attack was made by the assailants together with the

policemen. It is a vague allegation and nothing has been stated who the policemen were and

what they did. There is also no material supporting these allegations.

353. Habibbhai, a resident of Gajrajgar Ni Chali, near Mahakali temple, Dudheshwar in his

affidavit (Exh.4656) has stated that he had filed an application to the police wherein he has

stated that on 13.3.2002 and 14.3.2002 a meeting was held by MLA Shri Bharatbhai Barot

and that on 14.3.2002 at night some weapons were brought in the vehicle of that MLA.

Thereafter there was attack on the locality on 15.3.2002. He has further stated that he had not

made any application earlier i.e. before 5.5.2002.

354. Salmabanu Hajibhai in her affidavit (Exh.4688) has stated that attack on their locality

was pre-arranged because 3 months prior to the said attack, some females belonging to Hindu

community had made a survey in their locality and marked the houses of Muslims with red

colour. Nasimbanu (Exh.4690), Sirinbanu (Exh.4691), Kulshanbibi (Exh.4694), Mohmed Arif

(Exh.4695) of the same lolcality have stated the same thing as stated by Salmabanu.

355. Rafik Shaikh (Exh.4696) who lodged the FIR on 14.3.2002 (ICR/141/2002) stated that

about 8 or 9 months before that incident, he had seen persons of Vishwa Hindu Parishad

distributing weapons and saffron colour belt to the boys residing in the neighouring localities.

356. Mohmedhussain, resident of Dariyakhan Ghummat, in his affidavit (Exh.4698) has

stated that the attack on the locality on 28.2.2002 was pre-arranged by the persons belonging

to Vishwa Hindu Parishad and Bajrang Dal as they had opened an office in that area some

time earlier and the boys who were made members of the Vishwa Hindu Parishad were told to

see that their weapons were coloured with the blood of muslims.

357. The allegations which are made in these affidavits are absolutely vague and have not

been made on the basis of any concrete facts or circumstances. It is not believable that post

Godhra attacks in these localities were arranged much earlier than the Godhra incident.

Hindus in their affidavits have generally complained against harassment of the Muslims and

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their attempt to see that they vacate the houses in those localities. They have made a general

allegation against police also that the police was helping the Muslims. The allegations made

by them are also of general nature and they cannot be accepted in absence of any

corroborative evidence.

358. So far as oral evidence is concerned, 30 persons have given evidence before the

Commission. There are 17 Hindu witnesses and 13 Muslim witnesses. In their evidence, they

have mainly stated about the role played by the police in maintaining law and order and the

efforts made by them by holding meetings of peace committee to persuade members of both

the communities to maintain peace.

359. Nikunj Trivedi (W.549, Exh.946) was running tuition class in the area falling under

Shahpur Police Chwoky. He has stated that when he had telephoned the police for help in

escorting the students home, the police had rendered good help.

360. Abubhai Kalubhai Shaikh (W.550, Exh.947) has referred to the incident which

happened in Dudheshwar area on 2.3.2002. Except stating that his house was looted, he has

not stated anything more.

361. Johrabibi (W.551, Exh.948) and 10 other women who had come with her have merely

asked for more compensation for the damage which was caused to their properties in the

communal riots.

362. Gulamnabi Shaikh (W.552, Exh.950) has also asked for appropriate amount of

compensation for the loss suffered by her. 10 other women who had come with her, have

made sam request.

363. Satish Babubhai (W.553, Exh.952) has stated that he had received bullet injury for

which he has not been paid any compensation. It was pointed out by the advocate appearing

for the State that he was an accused in ICR No.150/2002 and not an innocent victim as stated

by him.

364. Ranchhodbhai (W.554, Exh.953) has referred to the attack on the shop on 23.4.2002

and stated that the police had immediately rushed to the spot and had taken steps to disperse

the mob with the result his shop was partly saved. He has further stated that he has received

less compensation than what he deserves. 5 persons who had come with him have also stated

the same thing.

365. Mehrunisa Shaikh (W.555, Exh.956) has stated that on 28.2.2002 a mob had come

near their locality i.e. Mehndikuva area but the Hindu residing nearby had persuaded mob not

to attack them. However, at night another mob came and damaged the properties.

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366. Gulammayuddin (W.556, Exh.957) has made allegation against Head Constable

Bahadursinh of Shahpur Police Station by stating that on 16.4.2002 he had beaten innocent

persons of his locality. Again on 22.4.2002 he alongwith Constables Kishan and Raghu had

come to their locality and without any reason resorted to firing in which one Iqbal had

received bullet injury on his back. In reply to the question put to him by the Government

advocate, he has stated that he has made a complaint to that effect before the Court of

Matropolitan Magistrate and inquiry in that behalf is going on.

367. Abedabanu (W.557, Exh.961) has merely stated that she should be given proper

amount of compensation for the loss suffered by her due to the damage caused to her house.

Same thing is stated by 14 other women who had come alongwith her and whose houses were

also damaged.

368. Kantibhai Parmar (W.558, Exh.963) has appreciated the role played by the police by

stating that as and when the police was contacted, police had provided good help to them. 6

persons of the same locality who had come with him supported what this witness has stated.

369. Ramesh (W.559, Exh.965) has also appreciated the role of the police by saying that

police had immediately come to the locality and dispersed the rioting mob. 5 persons who had

come with him supported what this witness has stated.

370. Rafiq Ahmed (W.560, Exh.967) has referred to the incident in which his petrol pump

was attacked on 28.2.2002 and 18.3.2002. He has stated that the police had come near the

petrol pump and had arranged proper bandobast.

371. Sairabanu (W.561, Exh.968) has merely asked for compensation for the loss suffered

by her because of the damage caused to her house. 24 other women belonging to both the

communities have supported her demand for payment of compensation to them. They have

also stated that proper bandobast should be arranged in the locality so that in future they do

not suffer such damage to their properties.

372. Jiyauddin (W.562, Exh.970) has also asked for more compensation in respect of the

damage caused to his house on 28.4.2002.

373. Musaali (W.563, Exh.971) also stated that he should be paid more compensation for

the loss suffered by him as his pan galla was damaged on 15.3.2002.

374. Hajibhai Nagori (W.564, Exh.972) has appreciated the role played by the police.

375. So far as police officers who at the relevant time were attached to this Police Station in

different capacities are concerned, apart from C.G. Ravat, the then Police inspector,

Madhupura Police Station Dahyabhai Joitaram Patel, Deputy Commissioner of Police, Zone-

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2, K.C. Patel, Deputy Commissioner of Police, Zone-2, M.T. Mehta, Assistant Police

Commissioner, “L” Division, Shivanand Jha, Additional Police Commissioner, Sector-1 and

Vakhatsinh Devisinh Vanar, Police Inspector have filed their affidavits.

376. DCP D.J. Patel has filed affidavit dt.1st July, 2002. In it he has stated that on 9.12.2001

he was given additional charge of Zone-2 and it remained with him till 30.3.2002. On

28.2.2002, since the incidents of riots and arson had already started in the area under

Madhupura Police Station, he had requested the Commissioner of Police to impose curfew

and in response to the said request, the Commissioner of Police declared imposition of curfew

with effect from 1.50 p.m. for indefinite period in the entire area. He has then referred to

certain incidents in which he alongwith his police party had taken action against the riotous

mob. He has also referred to certain incidents of false rumours which made the police go to a

particular place and after reaching there finding that it was only a rumour. He has referred to

the incidents, FIRs of which are registered at CR No.52/2002, 57/2002, 62/2002, 74/2002 and

112/2002.

377. K.C. Patel who took charge of DCP of Zone-2 from DCP D.J. Patel has stated that

from 31.3.2002 he was in charge of Zone-2 as DCP. He has referred to the incident registered

at CR No.149/2002. It was in the area under Madhupura Police Station, that this incident had

happened. He has also narrated some of the incidents where he had gone with his mobile

units and taken action to control the incidents.

378. M.T. Mehta, has filed affidavit and has stated that he was Assistant Police

Commissioner attached to “L” Division since 16.1.1999. „L‟ Division included the area under

Madhupura Police Station. He has merely referred to certain incidents which occurred in the

area under Madhupura Police Station and nothing more.

379. Shivanand Jha, Additional Police Commissioner, Sector-II has filed affidavit. It is

dated 1.7.2002. In the affidavit he has narrated the incidents dealt with by him in the area

under Madhupura Police Station. He has further stated that between 27.2.2002 and 7.4.2002

in the Police Station falling under his jurisdiction total 312 communal incidents had happened

and 971 accused were apprehended, out of them 805 were Hindus and 166 were Muslims.

380. G.C. Ravat, the then PI has filed two more affidavits. The second affidavit is dated

9.1.2004. The third affidavit filed by him is dated 29.9.2004. In the second affidavit he has

refuted certain allegations leveled against him and the police by the witness either in their oral

evidence or in their affidavits. He has also stated that many persons were rescued and sent to

safe place. In his third affidavit he has made grievance against his suspension by the

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department and has condemned it on the ground that despite his sincere discharge of duty he

was suspended from the service.

381. V.D. Vanar was Police Inspector attached to this Police Station from 20.5.2002 to

31.5.2002. His affidavit shows that during his tenure no incident happened.

382. After second notification dated 5.8.2004, 611 affidavits were filed. Out of these in two

affidavits, the deponents have appreciated the discharge of duty by the police and the rest of

the affidavits were filed with a view to obtain compensation together with rehabilitation etc.

We have perused these affidavits but there is no need to refer to the contents of each one of

these affidavits.

383. There is no reliable material on record to show that any particular religious

organization or political party was responsible for the occurrence of the aforesaid incidents;

though certain allegations have been made against VHP and Bajrang Dal but for the reasons

already stated they cannot be accepted at their face value. So far as police are concerned,

some members of both the communities have appreciated the performance of duty and the

help and co-operation rendered to public; whereas some have complained about their non-co-

operation. There is possibility that because of shortage of man-power and many incidents

happening in different areas almost simultaneously the police were unable to respond to each

and every call and in such circumstances the sufferer had a reason to believe that the police

were non-cooperative and inactive. Witness No.566 has named certain policemen and made

allegations against them. His evidence has already been dealt with in report on Shahpur Police

Station hence, there is no need to repeat it here. It may also be noted here since P.I. Ravat was

found wanting in sincere and efficient performance of duty like a true Police officer, he was

put under suspension with immediate effect by the administration.

KALUPUR POLICE STATION

384. Kalupur Police Station is under „D‟ Division, Zone-III, Sector-I. It covers area within

the walled city. At the relevant time the area under this police Station was about 6 sq. kmts.

and the population was approximately 2.50 lakhs. The population of Muslims and Hindus is

almost equal. It has communal history and in the past serious communal riots have occurred

here. Its adjoining areas falling under Dariyapur Police Station, Shapur Rangila Police

Station, Karanj Police Station, Khadia Police Station and Shaher Kotda Police Station are also

equally sensitive to the communal disturbances. The population here mainly comprises people

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of Middle Class. There are predominant Muslims localities, such as Kalupur Tower, Sodagar

Ni Pole, Bhoiwada Ni Pole, Khajuri Ni Pole, Dandigara Ni Pole, Vayada Pole, Mujahiddin Ni

Pole, Khiskola Pole, Zakaria Masjid Road, Panch Kuva Haranvali Pole, Mirghawad, Navi

Maholat, Nani Makeriwad and Moti Makeriwad. There are localities such as Tankshal Pole,

Raja Mehta Ni Pole, Haja Patel Ni Pole, Zaveriwad, Doshiwada Ni Pole, Pada Pole, Vaghan

Pole, Ratan Pole, Dhana Suthar Ni Pole, Swaminarayan Temple, Targada Vas, Devsha No

Pado, Katakiyawad, Vas, Hathikhana Vas, Kavi Dalpatram Chowk have majority population

of Hindus. There are number of pockets where the Hindus are surrounded by Muslim

localities, such as Durga Mata Ni Pole, Khadiya Char Rasta, Brahmpuri Ni Pole, Nagdalla

Hanuman, Kadia Kui, Sarangpura Rozi Cinema, Dhana Suthar Ni Pole, and there are also

Muslim pockets surrounded by Hindu localities such as Khiskola Pole, Calico Dome,

Pirmasha Road, Kalupur Darwaja, Revdi Bazar, Sarangpur Circle, Panch Kuva, Rehman Pole.

Under this Police Station there are four Police Chowkies viz. (1) Zaveriwad Police Chowky,

(2) Dhinkawa Police Chowky, (3) Kalupur Bahar (Outside) Police Chowky and (4) Panch

Kuva Police Chowky. Considering the communal history of the Police Station, there are also

permanent points of State Reserve Police. They are at (1) Sarangpur Circle, (2) Sagar

Transport and (3) Durga Mata Pole. The sanctioned strength of this Police Station is 2-Police

Inspectors, 14-Police Sub Inspectors, 61-Head Constable, 196-Police Constables, 1+2-

Woman Police Constable. However, the affidavit of P.I. Darji (Exh.4965) shows that at the

relevant time the actual strength of the Police Station was falling short considerably. There

were 2-Police Inspectors, 5-Police Sub Inspectors, 36-Head Constable, 124-Police Constables

and 1-Woman Police Constable. Thus, there was shortage of 9-Police Sub Inspectors, 25-

Head Constable, 72-Police Constables and 1+1-Woman Police Constables. According to P.I.

Darji, the inadequacy of the staff caused difficulty in maintaining law and order situation. He

has stated that on 28.2.2002 right from 7.00 a.m. stand to order was passed. On 36 points

bandobast of police and SRP was made. Five vehicles were employed in patrolling. He had

also contacted Hindu and Muslim leaders of his area to impress upon them the seriousness of

the situation and to see that law and order was maintained.

Prior to the present communal riots, number of communal incidents as well as large

scale communal riots as well as riots of other nature have happened in this area. The area

under this police station was severely affected by the 1969 communal riots as well as 1985

Reservations and communal disturbances.

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385. During present riots, between 27th

February, 2002 and 31st May, 2002, 30 incidents of

communal violence occurred in this area. Table giving date-wise occurrence of these incidents

is given below.

Date I. C.R. No. Total

Incidents 28/02/2002 37/02, 38/02 2

01/03/2002 39/02 1

02/03/2002 40/02 1

04/03/2002 41/02 1

07/03/2002 43/02 1

15/03/2002 45/02, 47/02 2

18/03/2002 48/02 1

21/03/2002 51/02, 52/02, 53/02, 54/02 4

02/04/2002 56/02, 57/02 2

05/04/2002 58/02 1

06/04/2002 60/02 1

15/04/2002 64/02 1

24/04/2002 66/02 1

28/04/2002 68/02, 69/02 2

30/04/2002 70/02 1

01/05/2002 71/02 1

05/05/2002 75/02 1

06/05/2002 76/02 1

07/05/2002 77/02 1

10/05/2002 78/02 1

12/05/2002 79/02 1

13/05/2002 80/02, 81/02 2

Total 30

386. No incident happened on 27.2.2001.

387. On 28.2.2002 two incidents happened.

(i) Between 12.30 hours and 18.00 hours, in the areas between Panch Patti Road and

Gandhi Road which includes Dabgarwad, Rehman Chawl, Swaminarayan Temple

Road, Piramsha Road and Tankshal road, mobs of Hindus and Muslims approximately

of the strength of 1000 persons on each side threw stones, glass bottle and burning

rags on the residential houses. They also broke open shops, small cabins and looted

them. Police chased the mobs and took steps to disperse them. They lobbed teargas

shells and hand-grenades and also fired rounds from .410 Musket. PSI Pandor of

Kalupur Police Station lodged a common F.I.R. (I-CR No.37/2002). Police during

investigation arrested four persons one Muslim and 3 Hindus and charge sheeted them.

Their trial is pending.

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(ii) Between 15.30 hours and 21.15 hours a mob of about 2000 Muslims including 3

persons named in the FIR attacked properties of Hindus, looted them and set them on

fire. Police patrolling that area reached the spot and lobbed teargas shells and hand-

grenades and fired rounds from .410 Musket and service revolver. PSI G.H. Deraiya

lodged the F.I.R. (I-CR No.38/2002) at 22.45 hours. Police during investigation

arrested 16 persons and prosecuted them. Two accused have been acquitted by the

Court and in respect of the rest, appeal is pending in the High Court.

388. On 1.3.2002, at about 17.10 hours, a mob of 100 Muslims attacked shops of Hindus

and looted goods from those shops. Police on bandobast duty reached those places and lobbed

teargas shells and hand-grenades and also fired rounds from .410 Musket. PSI D.S. Pandor

lodged the F.I.R. (I-CR No.39/2002) against unknown persons. Police during investigation

arrested 5 persons and charge sheeted them. After trial one person has been acquitted.

389. On 2.3.2002, at about 20.00 hours, two persons named in the FIR alongwith a mob of

250 Muslims looted the left over goods from the shops which were already broken open and

looted earlier. Police reached there and lobbed teargas shells and fired rounds from .410

Musket and 303 Rifle. PSI B.P. Raj lodged the F.I.R. (I-CR No.40/2002). Police during

investigation arrested 2 persons and charge sheeted them. They were acquitted by the Court.

390. Around 14.30 hours, near a Masjid on Kalupur Tower Road, a mob of 100 to 150

Muslims, on 4.3.2002 assaulted two persons viz. Shanker Shriganesh Sharma and Kantibhai

alias Raju Lajuji Thakore with dangerous weapons like sword, gupti and pipe. One of them

informed the police which was present nearby and to save them police fired few rounds. PSI

B.P. Raj lodged F.I.R. (I-CR No.41/2002) against unknown persons. Police prayed for A

summary on 27.6.2002 as no offender could be found even after investigation. The case was

closed thereafter. Subsequently, the case has been re-opened and the investigation is still

going on.

391. On 7.3.2002 at about 17.15 hours opposite Chetna Hotel, near Oriental building on

relief road Yasin Kalubhai Shaikh was assaulted by two persons named in the FIR along with

2 to 3 others and they caused his death by inflicting 4 to 5 blows with pointed weapon on his

chest. They also assaulted Sharif Hasambhai Shaikh and caused serious injury on his

back.Police standing across the road saw the assault but could not reach there in time because

of heavy traffic on the road. Police Constable Rameshbhai Jivabhai lodged the F.I.R. (I-CR

No.43/2002). Two persons who were already identified were arrested during investigation and

were prosecuted. They were acquitted by the Court.

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392. On 15.3.2002 two incidents occurred.

(i) Between 13.50 hours and 14.05 hours, mobs of 150 Muslims and Hindus attacked

each other by throwing acid filled bottles, burning rags and stones. Police reached

there when the incident was going on and arrested four persons, 2 Muslims and 2

Hindus. PI B.J. Vasava of Kalupur Police Station lodged F.I.R. (I-CR No.45/2002)

against those four persons.After investigation, police submitted charge sheet against

them. Their trial is pending.

(ii) Around 14.50 hours to 15.30 hours, mobs of Muslims and Hindus pelted stones and

threw acid filled bottles at each other in the area between Ratan Pole and Pankornaka

area. Police on receiving message reached there and lobbed teargas shells and fired

some rounds to control the situation. Five persons were identified by the police but

they ran away from the spot. ASI N.A. Bhatt lodged F.I.R. (I-CR No.47/2002) against

those five persons. Police later arrested six persons, all Hindus and submitted charge

sheet against them. Their trial is pending.

393. On 18.3.2002 between 12.00 noon and 13.00 hours, near Kadia Kui Circle on Relif

Road, around 50 Muslim males and 800 Muslim Females attacked the tent of the SRP and

pelted stones at the vehicles. Police which was on duty there lobbed teargas shells and one

hand-grenade. Head Constable Akbarkhan Gafurkhan lodged the F.I.R. (I-CR No.48/2002).

Police was unable to find out the offenders. Hence it obtained „A‟ summary and closed the

case. Subsequently, the case has been re-opened and the investigation is still going on.

394. On 21.3.2002 four incidents happened.

(i) At about 13.00 hours, near Oriental Building on Relief Road, one person described in

the FIR and 2 to 3 others assaulted Abdulgafar Noormohmed Shaikh with a knife. He

lodged F.I.R. (I-CR No.51/2002). Police arrested Ashok Bhavsar and submitted charge

sheet against him. The trial against him is pending.

(ii) At about 14.30 hours, on the main road near Zakaria Masjid, Relief Road, one

unknown Muslim assaulted Dinanath Girijaprasad Tiwari with pointed weapon like

Gupti and caused an injury on his chest. He lodged F.I.R. (I-CR No.52/2002). Since

identity of the culprit could not be known even after investigation police prayed for A

summary and then closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(iii) At about 14.45 hours in the area known as Sindhi Market, near Panch Kuva,

Mirghawad, a mob of 1500 to 2000 persons, armed with dangerous weapons and

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kerosene filled bottles, instigated by Farukhbhai Shaikh, Member of Legislative

Assembly from Kalupur Ward, set on fire about 70 to 80 shops of Sindhi Market.

Bhavandas Tekchand Randhoni lodged the F.I.R. (I-CR No.53/2002). During

investigation the police arrested 15 Muslims and submitted charge sheet against them.

The trial against them is pending.

(iv) Between 16.30 hours and 19.00 hours, in Kalupur Darwaja and Kalupur Tower area,

Mohmed Asraf Abdul Sattar Meman and 7 others together with a mob of 2000 to 2500

Muslims and a mob of 200 to 250 Hindus pelted stones at each other. Muslim mob

broke open shops of Hindus and set them on fire. They also threw petrol filled bulbs at

Hindus. There was firing from private weapon by some one from the Muslim mob

which caused an injury to Army Hawaldar Sukhlal Jaldiprasad Rajput. Police on

receiving message reached there and lobbed teargas shells and fired 7 rounds from

their service revolver and six rounds from .410 Musket to disperse the mobs. Due to

firing and hitting of teargas shells, three persons of Muslim community lost their lives

whereas four persons also of Muslim community received injuries. One of the four

injured persons also died subsequently. PSI B.P. Raj lodged the F.I.R. (I-CR

No.54/2002). During investigation the police arrested 8 Muslims and charge sheeted

them. The trial against them is pending.

395. On 2.4.2002 two incidents happened.

(i) At about 7.15 hours while Padmaben Amarkumar Tribhovandas and her husband were

filling water in their pots near their residence in Dhana Suthar Pole, some Muslims

residing in Falka Pole, Bhudar Mistri No Khancho and Bakar Ali Pole, hurled 3

bombs towards them. One of them exploded causing injuries to the legs of the husband

of Padmaben. She lodged F.I.R. (I-CR No.56/2002). Since the police could not detect

the offenders, it prayed for A summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

(ii) Between 23.30 hours of 2.4.2002 and 2.00 hours of 3.4.2002, mobs of Hindus and

Muslims attacked each other and hurled acid filled bulbs, glass bottles, burning rags,

etc. They also attacked the police. Police lobbed teargas shells and fired rounds from

their service weapons. One Salim Mohmed Khalifa of Khiskola Pole, and

Ghanshyambhai Ramjibhai of Dhana Suthar Pole received injuries due to police firing.

Subsequently Salim died due to injuries. P.I. B.J. Vasava lodged the F.I.R. (I-CR

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No.57/2002). During investigation the police arrested 21 persons, 10 Hindus and 11

Muslims and charge sheeted them. The trial against them is pending.

396. On 5.4.2002 at about 15.00 hours, four unknown persons assaulted Chirag Nareshbhai

Shah and caused him serious injuries. He lodged the F.I.R. which was registered at I-CR

No.58/2002. Since identity of the assailants could not be known despite investigation the

police prayed for A summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

397. Between 15.00 hours and 15.40 hours on 6.4.2002, in the area known as

Mahajanwada, Mansuri Maholla, behind Kalupur Swaminarayan temple, some Hindu and

some Muslim residents of that area pelted stones and threw burning rags and glass bottles at

each other from their roof tops. Police reached there on receiving message from the control

room and lobbed teargas shells and also fired 3 rounds from service revolver to stop them

from doing so. In all 10 persons, 7 Muslims and 3 Hindus were prosecuted on the basis of FIR

(I-CR No.60/2002) lodged by Senior P.I. G.B. Darji of Kalupur Police Station. The trial

against them is pending.

398. On 15.4.2002, between 12.30 hours and 13.00 hours, Amin alias Ballu Dada

Jaswantbhai with eight others attacked and broke open shops of Imtiaz Fakirmohmed Shaikh

and others and set them on fire in the area near Prakash Cinema, Gheekanta Road. Imtiaz

identified the miscreants and lodged FIR (I-CR No.64/2002) against them. Police prosecuted

5 Hindus. They have been acquitted by the Court.

399. Raju Ramswaroop Vaghela was assaulted by four persons and caused injuries on

various parts of the body on 24.4.2002. He identified one Abbas who was the main assailant.

The incident occurred at 16.30 hours on the Kalupur Bridge. He lodged the FIR (I-CR

No.66/2002). Police prosecuted four persons. The trial against them is pending.

400. On 28.4.2002 two incidents happened.

(i) Between 13.00 hours and 19.00 hours, in the areas between Dhana Suthar Pole and

Khiskola Pole, near Dhikwa Police Chowky and Panch Patti road and Maharajwada,

mobs of Hindus and Muslims attacked each other by pelting stones, opening fire from

private weapons, throwing acid filled bulbs and exploding petrol bombs. Police on

receiving the message from the control room went there and lobbed teargas shells and

also opened fire from service weapons to disperse the mobs. Eight persons named in

the FIR received injuries whereas one person Ganpat Mulchand Trivedi lost his life in

police firing. Another person Farukh Mustakbhai Mansuri also died subsequently due

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to injuries received in police firing. P.S.I. A.A. Raj lodged FIR (I-CR No.68/2002).

Police arrested 9 persons, 6 Hindus and 3 Muslims and charge sheeted them. The trial

against them is pending.

(ii) During 22.15 hours of 28.4.2002 and 16.30 hours of 29.4.2002, at different time in

durrerent areas known as Shahiwadi Pole, Dhana Suthar Pole, Soni No Khancho,

Khatakiawad, Mahajan No Vando, Durga Mata Ni Pole, Mansuri Maholla, mobs of

Hindus and Muslims from their respective terraces threw petrol bombs, acid filled

bulbs, burning rags, stones at each other. Six Muslims died while they were making

bomb which accidently exploded. Police while patrolling reached these places and

took action to bring the situation under control by lobbing teargas shells and also

firing some rounds. PSI J.N. Solanki lodged FIR (I-CR No.69/2002). Police

prosecuted 8 persons, 5 Hindus, one Muslim and 2 absconders. Trial against them is

pending.

401. On 30.4.2002, between 1.30 hours and 4.00 hours, in the areas known as Dhana Suthar

Pole, Soni Ni Chawl, Katakiyawad, Khiskola Pole. Hindus and Muslims threw stones at each

other from terraces of their houses. Police while patrolling reached these places and lobbed

teargas shells and also fired rounds to stop them from doing so. One person named Abbas

Usmanbhai Shaikh was injured as the bomb exploded in his hand. P.I. Shri Darji lodged FIR

(I-CR No.70/2002). Police arrested Abbasbhai and prosecuted him. Trial against him is

pending.

402. On 1.5.2002, any time prior to 14.30 hours, a mob of about 100 Hindus on Tankshal

Road, attacked shops of Muslims, broke open shutters and set the goods on fire. J.M. Solanki,

PSI of Dhinkwa Police Chowky lodged the FIR (I-CR No.71/2002). Since the police was

unable to ascertain the identity of the miscreants even after investigation, it prayed for A

summary and closed the case. Subsequently, the case has been re-opened and the investigation

is still going on.

403. On 5.5.2002 at about 9.00 hours, some unknown persons with a view to create terror

and injure the feelings of Muslims and damage a masjid threw bombs in Khajuri Masjid.

Mohmed alias Adambhai Mansuri lodged the FIR (I-CR No.75/2002). Since the identity of

the culprits could not be known despite investigation, police obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still going

on.

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404. On 6.5.2002, between 18.30 hours and 23.00 hours in the areas known as Kalupur

Panch Patti, Mahajanwada, Katakiwada, Targada Vas, Durga Mata Ni Pole and Mansuri

Maholla some Hindu and Muslim residents of these areas threw acid bulbs, petrol bulb,

burning rags, crude bombs, stones and glass bottles at each other. Police reached there while

the attack was still going on and effectively controlled the sitaution. Some Hindus and some

of the policemen received injuries in that incident. PSI A.A. Raj lodged FIR (I-CR

No.76/2002). Police arrested 4 persons, 2 Hindus and 2 Muslims and then prosecuted them.

The trial against them is pending.

405. On 7.5.2002, between 13.00 hours and 20.00 hours, in the areas between Kalupur

Police Station and Railway Police Station and on relief road near Panch Kuva Darwaja,

Tankshal Road, Tower Road Dhana Suthar Pole, Durga Mata Ni Pole and Targadawad,

Hindus and Muslims attacked each other by throwing petrol bulb, acid filled bottles, stones

and even indulged into firing from private weapons and stabbing. Police on receiving the

message from control room reached there and lobbed teargas shells and resorted to firing.

Several persons received injuries due to physical assaults on them as well as police firing.

One unknown person died due to police firing. Later it was found that in these incidents in all

six persons died, out of them 4 were Muslims and 2 were Hindus, 5 persons died due to

physical assault on them whereas one Hindu died in police firing. B.J. Vasava Senior P.I.

lodged FIR (I-CR No.77/2002). Though in the FIR Habib Mohmed Afzal Surangi and nine

others were shown as accused, police arrested and prosecuted 7 persons all Hindus. The trial

against them is pending.

406. On 10.5.2002, any time prior to 11.05 hours, a mob of 15 to 20 Muslims attacked

Rakeshsinh Narayansinh who was going on a motor bike and killed him. His dead body and

motor-cycle were burnt near Kalupur Tower. P.I. B.J. Vasava lodged F.I.R. (CR No.78/2002).

After investigation one person named Abdul Jabbar Abdulgani Shaikh was arrested and

prosecuted by the police. Trial against him is pending.

407. Between Kalupur Tower and Khiskola Pole, on 12.5.2002 at about 23.45 hours, a

mob of 500 to 600 Muslim males and females rushed towards the police to protest against

arrest of one Samsuddin Shahbuddin Shaikh and obstructed the police from taking action

against him. B.J. Vasava P.I. Kalupur Police Station lodged the FIR (I-CR No.79/2002).

Police arrested 3 persons. The trial against them is pending.

408. On 13.5.2002 two incidents occurred.

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(i) At about 23.30 hours, one unknown person, on the main road near Sarangpur Circle,

attacked Kiritbhai Somchandbhai with a knife. He lodged FIR (I-CR No.80/2002).

Since the police was unable to find the assailant, it prayed for A summary and closed

the case. Subsequently, the case has been re-opened and the investigation is still going

on.

(ii) At about 21.50 hours, near Brahmapuri Ni Pole, on the main road, some persons

exploded a bomb to incite communal feelings. They also threw acid filled bulbs and

stones. PSI D.D. Solanki lodged FIR (I-CR No.81/2002). Police arrested 3 Muslims.

They were acquitted by the Court.

409. Thus, it can be seen that during the relevant period 22 days were affected by the

communal riots. One in the month of February, 7 in the month of March, 7 in the month of

April and 7 in the month of May, 2002 were the days on which the incidents happened. Out of

30 incidents, 10 incidents happened in the night and 20 incidents happened in the day. These

incidents were mainly of rioting with mischief, with physical assault resulting into death and

physical assault resulting into injury, arson, loot etc.

410. In all 21 persons lost their lives during relevant period in communcal riots in this area.

Out of them 4 were Hindus and 17 were Muslims. 2 Hindus and 6 Muslims died in police

firing whereas 2 Hindus and 11 Muslims died due to physical assault on them. About 51

persons received injuries. As regards loss of immovable and movable properties the evidence

shows that 34 houses of Hindus and 3 Houses of Muslims were damaged due to fire. About

119 shops of Hindus and 60 shops of Muslims, 2 vehicles of Hindus and one vehicle of

Muslim were damaged due to fire. One temple was also damaged as a result of fire. One shop

of Hindu was looted and 2 shops of Muslims were damaged. Two Masjids were also damaged

by breaking them. Out of the 30 incidents, in 22 cases police could find out and arrest 140

culprits and charge sheet them. Out of them six cases are over and the rest are pending. In 8

cases police sought A summary and closed the cases. They have been reopened and further

investigation is going on. Out of 30 incidents, 10 incidents happened in night whereas 20

incidents happened during day time.

411. As stated above there were in all 30 incidents and out of them in 10 incidents mobs of

both the communities attacked each other. In 13 incidents Muslims were the assailants and in

4 incidents Hindus were the assailants. In 3 cases miscreants could not be found despite

investigation but in 2 incidents out of them Hindus were the victims whereas in one incident

Muslims were the victims.

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412. As a precautionary measure police registered 21 cases under section 188 of IPC and

41 cases under section 107 of Cr.P.C. and 41 under section 151 of Cr.P.C. Under section 142

of B.P. Act one case was registered. Curfew was imposed in this area with effect from 12.30

p.m. of 28.2.2002 and it was lifted on 4.3.2002. It was re-imposed with effect from 3.05 p.m.

of 15.3.2002 and with intermittent lifting or relaxation as per the need of the situation it was

continued till 21st June 2002.

413. Out of 30 incidents which happened in the area under Kalupur Police Station, in 25 incidents,

the police was present and had taken action to bring the situation under control. In these incidents

police lobbed 24 hand grenades, 77 S.R., 567 L.R., 17 Electric Shells, total number of 685 shells.

Similarly, police fired 30 shots from revolver, 114 from 410 Musket, 90 from .303 rifle total number

of 234 rounds. This was over and above the lathi charge made in those incidents.

414. Apart from the regular police there was permanent posting of 2-1/2 sections of SRP

and between 28th

February, 2002 and 31st May, 2002 in view of riots there was posting of

additional force of SRP. On 21.4.2002 maximum number of sections viz. 12-1/2 were posted

in this area. One section of BSF was posted from 4.3.2002 to 21.4.2002. Similarly 6 sections

of CRP were posted between 13.5.2002 and 31.5.2002. One Platoon of Rapid Action Force

was deployed for a day on 15.3.2002 and thereafter withdrawn. Again it was deployed on

17.3.2002 and it was continued there till 8.5.2002 with intermittent withdrawal. Two columns

of Army were posted between 2.3.2002 and 10.3.2002.

415. Before the Commission, 31 persons have filed affidavits. They are all Hindus. They

have complained about the incidents that had occurred in their localities and have stated that

the innocent people became victims, not only of atrocities committed by Muslim

fundamentalists but by police also. Over and above this 20 persons have given evidence

before the Commission. Out of them 4 are Muslims and 16 are Hindus. We have perused their

evidence carefully. Hindu witnesses have spoken about the incidents which had occurred in

their area during the relevant period and have made a grievance that because of the repeated

attacks on their properties and person by the Muslims, they have suffered considerable

physical as well as mental harassment and also the loss of property. In their opinion, the

Muslims deliberately, even during the days of peace cause harassment to them in one or the

other way with a view to see that the Hindus vacate their houses by selling them to Muslims

at throw away price. Some witnesses have also expressed their grievances against police by

saying that though they were the sufferers, police had forcibly implicated many Hindus in

false cases. Witness-468 Dilipbhai Shivprasad Mehta‟s evidence is required to be noted in

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brief here. He has stated that 1-1/2 to 2 months after the Godhra incident around 4:30 to 5:00

o‟clock in the evening Muslims threw 70 to 80 bombs and burning rags on Ratan Khadki

where he lived. According to him the riots which took place after the Godhra incident were

instigated by political parties. He has made grievance that even 1-1/2 months after the Godhra

incident, the police officers had not made any police bandobast in this area and in Khiskola

Pol and as a result of that, the incident of bomb throwing had happened. Lilaben Hasmukhlal

Zaveri, witness-469, Exh.784 has spoken about the incident which occurred in their area on

28.2.2002. She has stated that in that incident she and others received injuries due to

explosion of the acid bombs. According to her, even though the police was informed about the

incidents, it did not immediately respond because of the paucity of the police force.

According to him, the strength of the police should be increased. Witness-475 Bhupendra

Sevakram Khatri Exh.794 has stated that he was staying in Kalupur area since his birth and he

had noticed that many Hindu families had migrated from there and he himself in the year

1992 had to leave Hajira Pol, to stay in Jahapana Pol, opposite Raja Mehta Pol. This situation

has arisen because of harassment of the Muslims. He has then alleged that in many incidents

Hindus were falsely implicated by police. This witness has been cross examined by Mr. S.H.

Qureshi on the position which prevailed several years prior to the 2002 riots to show that

Hindus and Muslims cared for their own security and safety and therefore, the Muslims who

resided in Hindu localities left those areas and went to reside in Muslim locality and vice

versa Hindus who resided in Muslim localities vacated their localities and went to reside in

Hindu locality. In their evidence Muslim witnesses have stated that as and when they needed,

they have received the police protection.

416. Some police officers have also filed affidavits. PI Darji has filed affidavit at Exh.4965,

in it he has stated that on 27.2.2002 the volunteers of Vishwa Hindu Parishad and Bajrang Dal

had arrived by Sabarmati Express train from Godhra to Kalupur Station and they were safely

escorted to their residences. He had also taken steps to escort a group of young boys and girls

who had come from Mumbai for the purpose of their business and who had stayed in Ritz

Hotel to the Airport. He has thereafter stated about several incidents which occurred in the

area under Kalupur Police Station. PI Gopalbhai Bababhai Darji has filed another affidavit

dated 11.1.2004 to explain and/or controvert the allegations that have been made either by

way of oral evidence before the Commission or in the affidavits filed before the Commission.

In reply to the allegation made by Dilipbhai (witness No.468), he has stated that there were

roof top/terrace points around the school in Mahajan Vada, Saraiya Pol and Dhana Suthar Pol

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and there was no need to have any special bandobast at this place. He has also stated that in

connection with this incident referred to by the witness, FIR was lodged by PSI A.A. Raj at

I.CR/68/2002 against Hindus and Muslims and 9 persons were arrested and charge sheeted for

various offences. To the allegation made by Atul Shantilal Shah, witness 470, he has stated

that the witness was involved in the incident of bomb throwing and therefore, he was arrested

and he was not falsely implicated in I.CR/69/2002. From his terrace explosives like petrol

bomb, acid bomb, crude bombs were found.

417. In reply to the allegation made by Champaben Rameshbhai witness-471 that even

though Dilipbhai Champakbhai Sonpura had received injury in the eye due to explosion of

bomb thrown by Muslims, a false case was lodged against him and the police unnecessarily

entered their lane and beat innocent boys, he has stated that there was an offence

(I.CR/77/2002) registered against Hindus and Muslims and in it name of Dilipbhai

Champakbhai was shown as an accused because of the material found against him. While

refuting the allegation made by Bhupendra Sevakram Khatri witness-475, he has stated that

police had not arrested innocent Hindus but they were arrested on the basis of the material

found against them during investigation. The offence in this case was registered at

I.CR/43/2002 and they were arrested in connection with the incident which had occurred on

28.4.2002. He has further stated that the witness was a communal minded person. He has also

denied the allegations made by Vishnu Haribhai Parmar witness-477, Rajendra Laxmishanker

Vyas, witness-478 and Vinodbhai Bachubhai Kadia, witness No.486 regarding harassment

caused by police. Similarly, he has denied the allegations contained in the affidavits of

Shantaben Shivlal Khalasi and Sanjay Bipinchandra Patel to the effect that police had not

taken proper action against Muslims. Alongwith the affidavit, he has also produced copies of

FIRs, statements recorded during their investigation and relevent charge sheets.

418. Ratilal Devjibhai Mankadia, Deputy Commissioner of Police, Zone-3, has filed

affidavit dated 1.7.2002. He was Deputy Commissioner of Police, Zone-3 from 13.12.1999 to

1.5.2002. He has filed common affidavit for the police stations covered under Zone-3 viz.

Shaher Kotda, Kalupur, Gaekwad Haveli and Khadia Police Stations and stated certain details

regarding them. He has referred to certain incidents in which he had taken action personally

or by his police staff. He has narrated the steps taken by the police for maintenance of peace

in accordance with his instructions. He has also referred to the preventive measures like

preventive detention, externment, detention under PASA etc. taken by police during the

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relevant period. He has annexed some documents to show that the role of police was

appreciated by the public.

419. Narendrasinh Fatubha Raijada, Assistant Commissioner of Police, D Division which

comprises Kalupur Police Station and Shaherkotda Police Station, has filed an affidavit dated

1.7.2002. He has stated that in this Division, Kalupur Police Station is considered as very

sensitive to communal disturbances. He has described 3 communal incidents which occurred

between 27.4.2002 and 30.4.2002, in the area under this police station.

420. Additional Commissioner of Police Shivanand Jha of Sector-I has in his affidavit

referred to certain incidents which occurred in this area. He has stated that on 2.4.2002 at late

night, there was heavy pelting of stones in Dhana Suthar Pol, Khiskola Pol and the miscreants

were throwing petrol bomb, therefore police initially lobbed teargas shells but then opened

fire. He has stated that on 5.4.2002 there was a case of stabbing near Patthar Kuva petrol

pump, and he himself had rushed to the spot and directed the police to make necessary search

to find the miscreants.

421. In response to the second notification dated 5.8.2004, 26 affidavits have been filed.

Most affidavits are on printed forms and filed before the Commission after filling in the

blanks. 24 affidavits contained a request for payment of compensation and in some cases for

rehabilitation also. In two affidavits deponents have appreciated the role of the police and

have stated that because of their effective steps no untoward incident occurred in their area.

422. In 25 incidents out of 30 police were present and brought the situation under control by taking

effective action. Thus it appears that police have performed their duty efficiently and have not spared

any effort to control the riots in their area. Some Hindu witnesses have made allegations against police

but that have been adequately dealt with by the concerned officers as narrated in detail above. There is

no evidence to show that any political or religious leader instigated or aided riots in this area nor there

appears to be involvement of any religious organization or political party.

SHAHERKOTDA POLICE STATION

423. Shaherkotda Police Station is under „D‟ Division, Zone-III, Sector-1. The area covered

under this Police Station is approximately, 11 sq. kmts. It has got four police chowkies viz.

(1) Saraspur Police Chowky, (2) Amdupura Police Chowky, (3) Kalyan Police Chowky, and

(4) Anil Police Chowky. Its sanctioned strength at the relevant time was 2-Police Inspectors,

12-Police Sub Inspectors, 52-A.S.I./Head Constable, 145-Police Constables, 1+2-Woman

Head Constables. However, the present strength was 2-Police Inspectors, 7-Police Sub

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Inspectors, 52-A.S.I./Head Constable, 128-Police Constables, 0+4-Woman Head Constables.

It has got mixed population. In 2002 the population of Muslim was around 1,25,000 whereas

the population of Hindus was 1,50,000 approximately. People of other communities were also

residing in this area but their population was not exceeding 25000. The other population

comprises Dalit and the Devi Pujak. They all belong to labour class. There are number of

pockets where the members of Hindu and Muslim communities reside side by side. Area

under this Police Station is considered to be communally quite sensitive. In the past also, it

was affected by communal disturbances. Formerly there were large number of textile mills

and small factories in this area. Most of them have been closed down, but the labour

population and lower middle class which was associated with these mills and factories have

continued to live here.

424. Shivshanker Devkumar Sharma, senior Police Inspector attached to the Shaherkotda

Police Station at the relevant time has filed an affidavit (Exh.4973). In the affidavit he has

stated that on learning about the Godhra incident, he had instructed the police force under him

to maintain vigilance and bandobast in their areas and also to organize intensive patrolling.

No incident occurred on 27th

February, 2002 but inspite of all efforts during the relevant

period 21 incidents were reported at the Shaherkotda Police Station and in pursuance thereof

the offences were registered. Table giving date-wise occurrence of incidents is given below.

Date I.C.R. No. Total

Incidents 28/02/2002 55/02, 61/02, 62/02, 63/02 4

01/03/2002 57/02, 64/02 2

02/03/2002 58/02 1

05/03/2002 59/02 1

02/04/2002 73/02 1

22/04/2002 86/02, 87/02, 88/02 3

23/04/2002 89/02, 90/02 2

24/04/2002 92/02 1

02/05/2002 95/02 1

05/05/2002 98/02 1

11/05/2002 104/02 1

12/05/2002 106/02 1

15/05/2002 111/02 1

25/05/2002 119/02 1

Total 21

425. On 28.2.2002 four incidents happened.

(i) Between 11.00 hours and 16.00 hours, in the areas known as Saifi Society near

Saraspur Cross roads, Raman Dahya Ni Chawl, Nirmalpur cross roads, Amdupura,

Intwada, Jalampuri Ni Chawl, opposite M.H. Mill and on Naroda Road a mob of 1500

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Hindus attacked houses and shops of Muslims and set them on fire. Near Raman

Dahya Ni Chawl, there was a clash between the mobs of Muslims and Hindus and

heavy stone pelting took place. They also set on fire properties. Police reached at this

place and took action by lobbing teargas shells and then by opening fire. In these

incidents 5 Hindus died. 3 Hindus including one woman died due to burns. Woman

viz. Madhuben Parmar died because of explosion of gas cylinder whereas two persons

viz. Pravinbhai Babubhai and Pravinbhai Shakrabbai received srious burn injuries

while they were trying to set on fire the shop of Muslim near Memco Cross Roads.

Both persons died during treatment. Two Hindus viz. Sharadbhai and Pinakinbhai died

due to police firing. PSI S.B. Jeneja lodged the FIR (I-CR No.55/2002). Police during

investigation arrested miscreants of both the communities i.e. 59 in number. The case

against them is pending.

(ii) On 10.3.2002, Usman Mansuri lodged the FIR (I-CR No.61/2002) stating that on

28.2.2002, between 12.00 noon and 15.00 hours, the miscreants entered houses of

Muslims in Dhobi Ni Chawl, Naroda road and committed theft. Since the police was

unable to trace the culprits even after investigation, it requested for A summary and

then closed the case. Subsequently, the case has been re-opened and the investigation

is still going on.

(iii) Nooruddin, President of Gebansha Trust, on 10.3.2002 intimated the police in writing

that some persons had damaged its Masjid and Dargah and had looted them on

28.2.2002. Police treated it as FIR and registered the offence (I-CR No.62/2002).

Since the police was unable to trace the culprits even after investigation, it obtained

„A‟ summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

(iv) Nirav Shambhubhai Patel lodged the FIR (I-CR no.63/2002) on 11.3.2002 stating that

on 28.2.2002, during Gujarat Bandh call, the shutter of his shop was broken open and

goods were burnt by the miscreants. Since the police was unable to trace the culprits

even after investigation, it obtained „A‟ summary and closed the case. Subsequently,

the case has been re-opened and the investigation is still going on.

426. On 1.3.2002 two incidents occurred.

(i) Between 12.00 noon and 18.00 hours, mobs of 2000 Hindus and 2000 Muslims

approximately attacked each other and pelted stones as well as set on fire immovable

properties. Police reached there on receiving the information and lobbed teargas and

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electric shells and also opened fire and dispersed the mob. PSI S.B. Jeneja lodged the

FIR (I-CR No.57/2002). Subsequently it was found that one woman and one man both

Hindus had died due to police firing. Police during investigation arrested 24 persons,

22 Hindus and 2 Muslims. Trial against them is pending.

(ii) On 14.3.2002 Hemant Nathalal Solanki lodged the FIR (I-CR No.64/2002) stating that

on 1.3.2002, between 10.00 hours and 11.00 hours, a mob of 1000 persons pelted

stones at him and caused injuries and set on fire his residential house in the Saraspur

Railway Colony No.2. Police during investigation arrested 7 persons of Muslim

community. The trial against them is pending.

427. On 2.3.2002, around 20.30 hours, a mob of 50 to 60 persons together with the persons

named in the FIR attacked son of Zubeda Ahmedbhai Kasambhai Sanghi with weapons like

sword and stick and caused him serious injuries near Municipal Labour Quarters, Opposite

Vijay Mill, Naroda Road. She lodged the FIR (I-CR No.58/2002). Police during investigation

arrested 3 Hindus. After trial they were acquitted on 4.10.2002.

428. On 5.3.2002 at about 18.00 hours, 4 persons of Hindu community attacked

Ikramuddin Kayamuddin Ansari at the entrance of Aachabai Mill Ni Chawl and caused him

injuries. He lodged the FIR (I-CR No.59/2002). Police during investigation arrested those 4

persons. The trial against them is pending.

429. On 2.4.2002, between 22.00 hours and 23.00 hours, mobs of 500 Hindus and 500

Muslims pelted stones at each other and set houses on fire. There was private firing also.

Police reached there on receiving information and it lobbed teargas shells and also opened

fire. PSI S.I. Patel lodged the FIR (I-CR No.73/2002). Police during investigation arrested 9

persons of both the communities including five persons named in the FIR. The trial against

them is pending.

430. On 22.4.2002 three incidents happened.

(i) At about 13.30 hours, scooter of Moij Yayabhai Ujjaini was stopped by Hindus

opposite Nutan Mills in Raman Dahyani Chawl and he was assaulted with a sword by

one of them. He lodged the FIR (I-CR No.86/2002). Police during investigation

arrested 3 Hindus. They were acquitted by the Court.

(ii) Shyam Bakhas Ramlal Ramdulare Yadav lodged the FIR (I-CR no.87/2002) stating

that around 20.30 hours on Kalupur bridge he was assaulted by two strangers with a

sword and injured on the back side of his head and left hand. Since the police was

unable to trace the culprits even after investigation, it obtained „A‟ summary and

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closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

(iii) Between 23.30 hours of 22.4.2002 and 2.30 hours of 23.4.2002, mobs of Hindus and

Muslims of 500 persons on each side, in the areas known as Dosumiya‟s Chawl,

Nirmalpura cross road, Saiyed Riaz Husain Ni Chawl, etc. pelted stones at each other

and also damaged residential houses and set the timber shops on fire. Police on

receiving messages reached the places and lobbed teargas shells to disperse the mobs.

The FIR (I-CR No.88/2002) was lodged by PSI G.D. Damor. Police during

investigation arrested 3 Muslims. They were acquitted by the Court.

431. On 23.4.2002 two incidents happened.

(i) Between 15.15 hours and 18.00 hours, in the areas known as Raman Dahya ni Chawl,

Shah Popatlal Ni Chawl and Saiyed Raizhusain Ni Chawl, mobs of about 400 Hindus

and Muslims pelted stones at each other and also set on fire some residential houses.

Police while patrolling the area noticed the incident and went there. It lobbed teargas

shells. One person was apprehended on the spot. Several miscreants were also

identified by the police. PSI G.D. Damor lodged the FIR (I-CR No.89/2002). Police

during investigation arrested 22 persons, (18 Hindus and 4 Muslims). The trial against

them is pending.

(ii) Between 20.30 hours and 23.00 hours a mob of 500 to 600 Hindus in the areas known

as Saraspur Mithapur Masjid and Shardaben Circle, indulged in rioting and set one

masjid on fire. Police on receiving the message reached there and took action by

lobbing the teargas shells and hand grenade as the mob started pelting stones at the

police also. N.M. Mehta, PSI lodged the FIR (I-CR No.90/2002). Police during

investigation arrested 6 persons. The trial against them is pending.

432. On 24.4.2002, between 21.40 hours and 12.00 midnight, mobs of 500 Hindus and 300

Muslims, in Dosumiya Chawl in Nirmalpura area and in the adjoining chawls pelted stones at

each other and also set on fire some residential houses. Police on receiving the message

reached the spot and took action to disperse the crowd. It lobbed teargas shells and thereafter

opened fire. Some persons were apprehended on the spot by the police. PSI, G.D.Damor

lodged the FIR (I-CR No.92/2002). Police ultimately arrested 13 persons, all Hindus and

prosecuted them. The court acquitted two and convicted 11 persons.

433. On 2.5.2002, at about 16.45 hours, some persons dragged Raghubhai who was sitting

with Ashokbhai Hirabhai and his friend Shriram and caused him injury with iron pipe in Shah

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Popatlal Mohanlal Chawl. They also assaulted Ashokbhai who lodged the FIR (I-CR

No.95/2002) against three named persons and three others. Police during investigation

arrested 5 Muslims and prosecuted them. The trial against them resulted into their acquittal.

434. On 5.5.2002, at about 11.30 hours, certain of Hindu community got frightened due to

the noise made by defective silencer of auto-rickshaw owned by Mohmmad Rafiq Ahmed

Shaikh. About 10 to 12 persons went to the rickshaw and broke its glass and caused damage

to the seat and hood. The rickshaw-wala, ran away from the place on seeing the mob. The

incident occurred on the road near Dosumiya Chawl. Police registered F.I.R. (I-CR/98/2002).

Since the police was unable to trace the culprits even after investigation, it obtained „A‟

summary and closed the case. Subsequently, the case has been re-opened and the investigation

is still going on.

435. On 11.5.2002, between 12.50 hours and 13.30 hours, a mob of 500 Hindus attacked

shops and work-shops of Muslims situated in Ashirvad Estate and Anar Estate. Police reached

there on receiving information while the incident was still going on. It dispersed the mob. PSI

S.I. Patel lodged the FIR (I-CR No.104/2002). One person was apprehended on the spot.

Police prosecuted him and trial against him is pending.

436. On 12.5.2002, at about 12.30 hours, police while patrolling that area was informed

that certain persons were committing theft in houses of Muslims which were left by them

temporarily due to communal disturbances. Police reached there and cordoned the place. 14

persons, all Hindus, were apprehended on the spot with stolen articles. PSI G.D. Parmar

lodged the FIR (I-CR No.106/2002). Police prosecuted them and the case against them is

pending in the Court.

437. On 15.5.2002 a mob of about 10 Hindus broke open one shop and stole automobile

spare parts. The shop belonged to Munnabhai Mistry, a Muslim. FIR (I-CR no.111/2002) was

given by his employee Ramdas Anand Patil (Marathi). Since the police was unable to trace

the culprits even after investigation, it obtained „A‟ summary and closed the case.

Subsequently, the case has been re-opened and the investigation is still going on.

438. On 26.5.2002 Jayantibhai Kachrabhai Patel lodged FIR (I-CR no.119/2002) stating

that at about 23.15 hours on 25.5.2002 he had removed one injured person named Lalitbhai

Bhimjibhai Mistry who was assaulted by three unknown persons on Kalupur Bridge with a

sharp pointed weapon to the Hospital. Lalitbhai had died during treatment. On receiving the

information police commenced investigation but since it was unable to trace the culprits even

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after investigation, it obtained „A‟ summary and closed the case. Subsequently, the case has

been re-opened and the investigation is still going on.

439. Considering its communal history the area under this Police Station was comparatively

less affected than area under such other Police Stations. On 28.2.2002 maximum number of

incidents i.e. 4 incidents occurred. Thereafter on 1.3.2002 and 2.3.2002, 2 incidents and one

incident happened respectively. For the next two days the area was quiet. On 5.3.2002 one

incident of physical assault occurred wherein 4 persons were involved. Thereafter for about

28 days no incident occurred. On 2.4.2002 mobs of Muslims and Hindus of equal strength

attacked each other between 22.00 hours and 23.00 hours. For another 20 days thereafter the

area remained quiet but on 22.4.2002 three incidents happened and those incidents were

followed by one incident each on 2.5.2002 and 5.5.2002. Following six days were incident

free but on 11.5.2002, 12.5.2002 and 15.5.2002 one incident occurred on each day. Last

incident occurred on 25.5.2002. This will show that this area by and large had remained quiet

during disturbances but some of the incidents that happened in the area were of quite serious

nature. Out of 21 incidents, 9 incident happened in night whereas 12 incidents happened

during day time. In the aforesaid incidents 8 persons, all Hindus lost lives, 4 persons died due

to physical assault on them, whereas 4 persons died in police action; 52 persons received

injuries, also due to police action. So far as immovable and movable properties were

concerned, 111 houses of Muslims and 60 houses of Hindus, 88 shops of Muslims and 44

shops of Hindus and 5 vehicles of Muslims and 3 vehicles of Hindus were damaged and/or

destroyed due to fire. Two dargah and 8 masjids were also damaged due to fire. Further 5

residential houses and 4 shops of Muslims were looted. 51 houses of Muslims and 14 houses

of Hindus, 34 shops of Muslims and 18 shops of Hindus, 8 vehicles of Hindus and 7 vehicles

of Muslims were damaged by breaking them. In 15 out of 21 cases police apprehended 194

persons. As preventive measure, police filed 53 cases u/s. 107 and 151 of Cr.P.C., 7 cases u/s.

110 of Cr.P.C. and one case under PASA. In the area under this police station, curfew was

imposed on 28.2.2002 and with intermittent relaxation or complete lifting of it, it was

continued till 31.5.2002. Police registered 3 cases against 23 persons for committing breach of

curfew order. Out of 21 incidents in 4 cases FIRs were registered long after the date of

incident and the reason given is that informants had left their usual places due to the

disturbances and returned after there was peace.

440. In 10 out of 21 incidents police reached the place when the incidents were going on.

These 10 incidents were maily of group clashes. Rest of the incidents were of attack on

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individuals or property. To deal with the incidents which happened in this area police lobbed

325 tear gas shells and fired 118 rounds. The police had also resorted to lathi charge at some

places.

441. So far as FIR (I-CR/57/2002) is concerned, it comprises three incidents which

occurred in different localities at different time in the area under this police station. In all the

3 incidents mobs of both the communities attacked each other. Another FIR (I-CR/88/2002)

also related to 3 incidents in different localities. In one of these incidents mobs of both the

communities were involved. In second incident only Hindus were the culprits and in 3rd

incident miscreants had already run away when the police reached the place but they had

damaged properties which belonged to Muslims before leaving the place. Remaining FIRs

were with regard to individual incident and out of these incidents in 10 incidents Hindus were

the assailants and in 2 incidents Muslims were the assailants. In 3 incidents, mobs of both the

communities attacked each other. In 7 incidents culprits could not be found but out of them in

4 incidents Muslims were the victims and in 3 icndients Hindus were the victims

442. There was deployment of additional forces in this area. Already 3-1/3 sections of SRP

were posted on permanent basis. Thereafter the strength was increased upto 7 sections with

effect from 3rd

March, 2002. 9 sections of BSF were posted between 1.3.2002 and 31.5.2002.

9 sections of Central Reserve Police Force were deployed between 10.5.2002 and 31.5.2002.

One company of Rapid Action Force was deployed for a day on 9.5.2002. There was no

deployment of Army in this area.

443. Before the Commission, 23 witnesses of this area have given evidence. Most of them

have stated that even during the days of communal disturbances, the Communal amity was

maintained in their respective localities and members of both the communities rendered

necessary help to each other. They have also appreciated the role of the police in effectively

dealing with the situations arising out of the attacks by outsiders which otherwise might have

taken an ugly turn. The evidence of these witnesses has been supported by other persons who

had accompanied them at the hearing but were not examined separately. They have declared

before the Commission that they agreed with what was said by their respective witnesses with

whom they had come. Jagdish Gokalbhai Patel, witness-488, (Exh.815) has stated that their

locality was attacked by the residents of Saifi Society and Doshu Miya Chawl but because of

the timely action taken by the police, the attacks were repelled. Nabimiya Kalumiya Qureshi,

Witness-489 (Exh.816) has stated that he resided near Anil Starch factory and during the

disturbances Hindus residing in their vicinity gave full support to Muslims and whenever

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there was an attempt by the outsiders to attack Muslims, Hindus repelled such attack and

Muslims were given adequate shelter. On 2.3.2002 police was called and they took them to

relief camp safely. Six persons who accompanied him agreed with what has been stated by the

witness. Similarly Usmanbhai Ibrahimbhai Shaikh, witness-490, (Exh.818) has spoken about

the protection given by the police by escorting them to Bapunagar Muslim locality on

1.3.2002. Rafikbhai Habibbhai Memon, witness-491, (Exh.819) has stated that he resided in

the Abdul Shaikh Chawl in Saraspur which is having majority Hindu population but the

Hindus and Muslims lived with communal amity and rendered co-operation to each other. On

1.3.2002 the situation of conflict between two communities had arisen but with the timely

intervention of Ishwarbhai Desai advocate and police, untoward incident was averted. He has

also stated that many Muslims were shifted to two relief camps by the police. The police,

whenever called appeared and protected their religious places. In cross examination by Miss

Shabana Mansuri, he has denied the suggestion that after 1969 population of Muslims had

decreased in that area but according to him it has increased. He has further stated that

Ishwarbhai Desai had given shelter to Muslims in his house and in his backyard. Hoshiyarsinh

Narsing Rajput, witness-493, (Exh.823) has stated that when there was apprehension amongst

Hindus of his locality that they might be attacked by Muslim outsiders, they telephoned for

police help which was given to them and 3 armed Police Constables were posted there and as

a result of it no untoward incident happened. Mohmed Ismail Mohmad Usmankha Pathan,

witness-494 (Exh.825) has spoken about the attack by outsiders and the protection rendered

by police at the right time. In his area there was communal harmony. Evidence regarding

communal amity has also been given by Salimkhan Abdulhamidkhan Pathan, witness-495,

(Exh.827). Ishakbhai Nazarbhai Sandhi, witness-497, (Exh.831) has stated that upto

24.4.2002 there was peace in Popatlal Chawl where his family and other six Muslim families

were residing. On 24.4.2002 one mob of Hindus attacked their houses and caused damage to

the household articles. He and other Muslims ran away from the place by taking as much

luggage as they possibly could and rest of the household articles were looted by Hindus. This

incident is registered at CR-89/2002. Trial against the accused is still not over. Rasulbhai

Ismailbhai Mansuri, witness-498 (Exh.833) has stated about the help rendered by Ishwarbhai

Desai and the police help in taking them to the relief camp. Dahyabhai Ramabhai Rathod,

witness-499 Exh.835 has stated that his son aged 24 years, was hit by a bullet fired by the

SRP on the rioting mob and he had died. He has also filed an affidavit (Exh.2011) stating

these facts. Abubhai Jamalbhai Shaikh, witness-500 (Exh.836) has stated that he resided in

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Ramanlal Dahyabhai Chawl in Saraspur. Upto 24.4.2002 no incident had occurred in their

locality. However on 24.4.2002 a mob of Hindus who had tied saffron pieces of cloth around

their heads on which VHP was written and some persons who had tied cloth around their

waist and on which Bajrang Dal was written attempted to attack Muslims. There was SRP

point and the SRP men drove them away. He has further stated that while they were staying in

a relief camp, a mob of miscreants damaged and looted their houses. There was, however,

cordial relationship between Hindus and Muslims of their locality and they had prevented

outsiders from attacking them to the extent it was possible for them. In response to the

question put by the Commission, he said that most of the houses of the Vakil chawl were

vacated by their occupants and they had gone to a relief camp. They had returned only after

the residences were repaired and restored to original state. He has made grievance that the

compensation received by them was very less and adequate compensation should be padi to

them. Nasimbanu Ganibhai Mansuri, witness-501, (Exh.838) has stated that she resided near

Nutan Mill in Saiyed Riaz Chawl. On 1.3.2002 their area was attacked by a mob of 5000

persons. However, one officer of SRP point opened fire and did not allow that mob to come

near the Muslims. They were thereafter shifted to a safe place. Laljibhai Maganbhai Gohel,

witness-504, (Exh.841) has stated that on 1.3.2002 when his wife was about to enter the

bathroom, situated in the gallery she was hit by a bullet and she died (CR/57/2002). His

brother-in-law was also injured but he survived. He has made a grievance that he has not

received any financial aid from the Government.

444. Apart from this evidence, 62 affidavits have also been filed by the residents of this

area in pursuance of the first notification. All affidavits except one are filed by Hindus. These

affidavits mainly refer to the incidents which happened in their localities. Many deponents

have made a grievance that Muslims tried to terrorise Hindus and the authorities sided with

them. Some deponents have made grievance against the approach adopted by the Human

Rights Commission which according to them was biased against Hindus. These deponents

have, however, not made any grievance against the police but on the contrary some have even

praised services rendered by them during the disturbances.

445. Several police officers have also filed affidavits. P.I. Shivkumar Sharma has filed an

affidavit wherein he has referred to the facts stated by some of the deponents in their

affidavits and has also stated about the actions taken by the police in those incidents. He has

also stated that the police had remained impartial and had not supported any particular

community or person involved in rioting.

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446. Narendrasinh Pathubha Raijada, Assistant Police Commissioner, D Division, Ratilal

Devjibhai Mankadia, Deputy Police Commissioner, Zone-III and Shivanand Jha, Additional

Police Commissioner, Sector-I, have also in their affidavits stated about the action taken by

them during the disturbances in this area. R.D. Mankadia has referred to several incidents

wherein he himself had taken action. These ofences have been registered at CR/57/2002,

73/2002, 90/2002 and 92/2002. Additional Police Commissioner, Jha has stated that on

1.3.2002, he rushed to the place near Bhavsar Chambers Cross Roads, Near Vora No Roza in

Amdupura area, Saifi Society, Nirmalpura Chawl, Ramanbhai Dahyabhai Chawl, etc. where

some incidents happened and gave instructions and orders to his subordinate staff to take

necessary action against the rioters. He has also referred to the incident dated 2.4.2002 which

happened in Nirmalpura wherein he ordered his staff to put out the fire in residential houses

and also got arrested 9 persons who were responsible for the same.

447. In pursuance of the second notification dated 5.8.2002, 861 affidavits have been filed.

Most of the affidavits are on printed forms. As many as 841 affidavits contain demand for

compensation. In some cases the demand is regarding compensation as well as rehabilitation

or simply rehabilitation. 20 affidavits have been filed wherein deponents have praised the

services rendered by the police as well as the administration.

448. There is no evidence regarding involvement of any religious organization or political

party or its leaders. However, witness Abubhai of Ramanlal Dahyabhai Chawl has stated

about some VHP and Bajrang Dal people trying to create trouble in their area but the evidence

is very vague and not at all convincing to give any positive finding regarding their

involvement. It is also not supported by any other material. Most witnesses have appreciated

discharge of duty by police.

KHADIA POLICE STATION

449. Khadia Police Station is in „E‟ Division of Zone-III of sector-1 of the city. Area under

this Police Station is within the walled city, it is approximately 4.5 sq.kmts. There are 130

pols (streets) in this area. These pols have many lanes and by-lanes. The topography of this

area makes it extremely difficult for the police to pursue the offenders as it provides coverage

and escape routes to them. In the area under this Police Station there is majority of Hindus. At

the relevant time there were around 1,80,000 Hindus covering major part of this area, whereas

the population of Muslims was 80,000. It is surrounded by areas falling under the jurisdiction

of Karanj Police Station in the West, Gomtipur Police Station and part of Kalupur Police

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Station in the East, Kagdapith Police Station and Gaekwad Haveli Police Station in the South

and again part of Kalupur Police Station in the North. All these areas are also sensitive like

Khadia. Its past history shows that there were communal disturbances in the years 1969, 1985,

1986, 1992, 1996 and 1999. Under this Police Station there are five police chowkies viz. (1)

Manekchowk Police Chowky, (2) Astodia Police Chowky, (3) Raipur Police Chowky, (4)

Sarangpur Police Chowky and (5) Fernandez Police Chowky. At the relevant time the

sanctioned strength of this Police Station was 2-Police Inspectors, 12-Police Sub Inspectors,

42-Head Constable, 130-Police Constables, 3-Woman Police Constables but the present

strength was 2-Police Inspectors, 5-Police Sub Inspectors, 31-Head Constable, 114-Police

Constables, 1-Woman Police Constable.

450. Mr. B.D. Siyoni, the senior Police Inspector attached to this Police Station at the

relevant time in his affidavit filed before the Commission has stated that the news about the

Godhra incident generated tremendous wrath in the mind of Hindu population of Khadia and

he anticipated serious repercussions thereof. Upon receiving instructions from the Police

Commissioner and other senior officers, he passed „Stand-to‟ orders and also requisitioned

private vehicles for speedy movement of the police. He secured additional help from the

Deputy Commissioner of Police, Zone-III in the form of 20-Policemen from Headquarters, 80

Home Guards and 1-1/2 section of the S.R.P. Intensive patrolling was arranged and on all

sensitive points adequate police bandobast was maintained. Inspite of the preventive steps

taken by the police between 28th

February, 2002 and 31st May, 2002, 14 incidents happened in

this area.

451. Table giving date-wise occurrence of offences is given below.

Date I.C.R. No. Total

Incidents 28/02/2002 31/02, 36/02 2

04/03/2002 32/02, 33/02 2

15/03/2002 37/02 1

02/04/2002 39/02, 40/02 2

02/05/2002 49/02 1

07/05/2002 48/02 1

09/05/2002 50/02, 51/02 2

10/05/2002 52/02, 53/02 2

11/05/2002 54/02 1

Total 14

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452. Thre was no communal violence on 27.2.2002. However there were some incidents on

28.2.2002 for which offences were registered.

(i) Around 5000 Hindus and Muslims on each side 12:30 hours onwards indulged in

rioting in the areas of Astodia road, Rangati Bazar, Fernandes Bridge at various

places. They attacked each other and also caused damage to the properties by setting

shops, vehicles etc. on fire. Police was also attacked. At every places police reached

and took action initially by making lathi charge, then lobbing teargas shells and

ultimately by opening fire. Hindus caused damage to even Masjids. Such incidents

happened till late night. In these incidents police also received injuries. No person

from the mob could be apprehended nor identified. P.I. Siyoni lodged the FIR (at I-

CR/31/2002) at 13.48 hours against 5 unknown persons. During investigation police

arrested 24 persons, 16 Hindus and 8 Muslims and they were charge sheeted. The

court acquitted them.

(ii) Hajimohmmad Ganibhai Chhipa lodged the FIR (I-CR/36/2002) on 11.3.2002 stating

that on 28.2.2002, sometime between 12.30 hours and 23.45 hours, a mob of Hindus

damaged compound walls and doors of two masjids and doors of third masjid

managed by the Ahmedabad Sunni Muslim Waqaf Committee of which he was the

Secretary. Police arrested and prosecuted 2 persons. Their trial is pending.

453. There was no incident on 1.3.2002, 2.3.2002 and 3.3.2002 but on 4.3.2002 two

incidents occurred.

(i) At 0.30 hours a mob of 20 to 35 Hindus in Sarangpur Sarkiwad and surrounding areas

caused damage to the house of Miya Mohmad Samirmiya and two other houses of

Muslims and even set them on fire. Miya Mohmed Samir lodged FIR (I-CR/32/2002).

Police arrested and prosecuted 6 persons. Their trial is pending.

(ii) At about 12.00, noon 4 to 5 unknown persons assaulted Manubhai Balrambhai Baxi, a

Cameraman and his Co-reporter Dibang as they were taking film of the area. They

snatched away his Camera and other valuables. He filed FIR (I-CR/33/2002). Police

arrested and prosecuted one person Niranjan @ Naranbhai S. Dave for this offence.

The Court acquitted him.

454. The area remained peaceful between 5.3.2002 and 14.3.2002.

455. On 15.3.2002 between 14.45 hours and 15.15 hours a mob of about 300 Hindus came

from Mandavi ni pol and Sankadi Sheri towards Tilak Maidan and srated bursting crackers.

At that time a mob of about 200 Muslims collected near Rani and Badshah na Hajira. These

177

two mobs then started throwing stones at each other. Police directed them to disperse but the

mob did not listen, so immediately request for sending more policemen was made. As soon as

more policemen arrived, police again tried to disperse the mob and gave warnings to them.

Police was then required to lob teargas shells to disperse the mob. Thereafter the persons in

the mob ran away. Police was able to identify one Hindu Devang from that mob. P.S.I.

Parmar of Manekchowk chowky filed FIR (I-CR/37/2002) against Devang and other

unknown Hindus and Muslims at about 17.30 hours. During investigation police arrested and

prosecuted 4 persons, 3 Muslims and one Hindu. The trial against them is pending.

456. There was no incident between 15.3.2002 and 2.4.2002. On 2.4.2002 two incidents

occurred.

(i) At about 16.45 hours, one person named in the FIR and two others assaulted

Sureshbhai Mangaldas Damor on the road opposite Anjuman High school and caused

injuries with sharp cutting instrument. He lodged the FIR (I-CR/39/2002). Police

arrested and prosecuted one Muslim. The Court acquitted him.

(ii) Between 22.45 hours of 2.4.2002 and 0.15 hours of 3.4.2002, mobs of Hindus and

Muslims at Khadia cross roads pelted stones, threw burning rags and glass bottles and

hurled petrol bombs at each other. They also caused damage to the shops and vehicles.

Policemen who were present, warned them and immediately called for additional

police force at that place. As soon as more police arrived there they lobbed teargas

shells and opened fire to disperse the mobs. Police Constable Mahendrasinh Hathisinh

lodged FIR (I-CR/40/2002). Police during investigation arrested 12 persons, 4 Hindus

and 8 Muslims and prosecuted them. Their trial is pending.

457. On 10.5.2002, Kankuben wife of Rajubhai Shambhubhai Kankodia lodged FIR (I-

CR/49/2002) stating that on 2.5.2002 between 15.00 hours and 15.30 hours, four Muslim

persons assaulted her husband near the building of Municipal Corporation and gave him fist

and kick blows. He was admitted into the hospital on 7.5.2002 but died on 9.5.2002. Since the

police was unable to find the culprits despite investigation, it obtained „A‟ summary and

closed the case. Subsequently, the case has been re-opened and the investigation is still going

on.

458. On 8.5.2002 Mukeshbhai Popatlal Thakore lodged FIR (I-CR/48/2002) stating that on

7.5.2002 at about 14.30 hours, two persons riding on scooter approached him from behind

opposite the gate of Mili Transport in Sarangpur and the pillion rider caused him an injury

with a sharp pointed weapon. Since the police was unable to find the culprits despite

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investigation, it obtained A summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

459. On 9.5.2002 two incidents happened.

(i) Shaileshbhai Sevabhai Rathod lodged FIR (I-CR/50/2002) on 10.5.2002 stating that

on 9.5.2002 at about 23.45 hours, he and his companion who happened to be a Muslim

near Raipur Police Chowky were assaulted by four persons named in the FIR who

were in a mob of 200 to 250 persons. Mehndi Hussain was beaten and injured by the

mob. Police arrested and prosecuted four persons all Hindus. Their trial is pending.

(ii) Hasmukhbhai Harjivandas Gajjar lodged FIR (I-CR/51/2002) on 10.5.2002 stating that

on 9.5.2002 at about 22.00 hours he was injured by the haphazard firing opened by the

Fire Brigade people near Pakhali Ni Pole and was admitted into the L.G. Hospital.

Since the police was unable to ascertain the identity of the persons responsible for the

act despite investigation, it closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

460. On 10.5.2002 two incidents happened.

(i) At about 12.00 noon, mobs of 100 Hindus and Muslims pelted stones at each other

near Bhut ni Aambli Char Rasta. Police on receiving the telephone reached there.

Some miscreant even threw stick at the police which hit Sr. P.I. B.D. Siyoni. One

person named Kalpesh Rasiklal Chunara was caught on the spot but others ran away

after the police lobbed teargas shells. FIR was registered (I-CR/52/2002). Police

arrested and charge sheeted three persons of Hindu community. Trial against them is

pending.

(ii) Between 16.30 hours and 23.30 hours, on hearing fire cracker‟s explosion in

Manekchowk Lokhand Bazar a mob of 300 Muslims and a mob of 3000 Hindus pelted

stones at each other in areas known as Rani Na and Badshah Na Hajira in Manek

Chowk, and policemen who were present asked for more police help. Soon after the

additional police force reached the spot they took action by resorting to Lathi charge

and then lobbing teargas shells. PSI M.J. Rathod lodged FIR (I-CR/53/2002). Since

the police was unable to find the culprits even after investigation, it requested for A

summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

461. On 12.5.2002 Laxmansinh Sartansinh ASI lodged FIR (I-CR/54/2002) stating that

between 22.41 hours of 11.5.2002 and 1.30 hours of 12.5.2002, mobs of Hindus and Muslims

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pelted stones, threw burning rags busted fire rockets and fire crackers, hurled bombs, etc. at

each other. Police received message and reached the spot. It took action by lobbing teargas

shells and also apprehended several persons on the spot. Police ultimately prosecuted five

persons of Hindu community. Trial against them is pending.

462. Despite its past history and communal sensitivity the area under this police station

remained unaffected during the major part of the period between 27.2.2002 and 31.5.2002.

Even on 28.2.2002 when the communal violence was at its peak in other parts of the city and

the State this area suffered less violence than expected. Thereafter for 3 days there was peace

eventhough there was much violence in other parts of the State. On 4.3.2002, only one

incident of communal violence happened. For 11 days thereafter nothing happened, but one

incident occurred on 15.3.2002 and on remaining days in the month of March no incident

happened. On 2.4.2002 two incidents happened and thereafter for almost one month the area

remained quiet. On 2.5.2002 and 7.5.2002 one incident on each day happened. Thereafter on

9.5.2002 and 10.5.2002 two incidents on each day happened and last incident happened on

11.5.2002. Thus, the area under this police station was affected by communal riots only once

in February, twice in the month of March and once in the month of April and for 4 days in the

month of May. Number of incidents were also less. For the first three affected days only the

properties of rival communities were targeted. It was for the first time on 2.4.2002 that an

incident of physical violence on a Hindu happened. Again on 2.5.2002 there was a physical

assault on Rajubhai Kankodiya which led to his death. In the incident of 7.5.2002 one Hindu

was injured by two Muslim boys. On 9.5.2002 a Muslim was assaulted by some Hindus. In

the incidents of 10.5.2002 and 11.5.2002 mobs of Hindus and Muslims had indulged in

rioting by attacking each other. Out of 14 offences in this area, 8 offences took place in the

night and 6 offences took place during the day time. Damage as regards to the properties, 10

houses of Muslims, one house of a Hindu, 45 shops of Hindus and 38 shops of Muslims, 5

vehicles of Hindus and 5 vehicles of Muslims and one Masjid were set on fire. Further one

house of Hindu, 3 houses of Muslims, 8 shops of Hindus and 6 shops of Muslims were looted.

Over and above it 2 houses of Muslims, 13 shops of Hindus and 8 shops of Muslims, one

vehicle of Hindu and 2 vehicles of Muslims and one Dargah and 4 Masjids were damaged

otherwise. Out of 14 cases registered with the police station, in 9 cases police could detect the

culprit and arrest them. Police in all arrested 62 persons and prosecuted them.

463. Out of 14 incidents in 5 incidents mobs of both the communities were involved, in 4 of

these 5 incidents culprits could be found but in one case (I-CR/53/2002) culprits could not be

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found despite investigation. In the remaining 9 incidents, in one case (I-CR/49/2002) though

the culprits could not be found, their community, Muslim, could be known. In one case

neither the culprits could be found nor their community could be known but victim was

Hindu. In one case (I-CR/51/2002) Hasmukhlal Gajjar, the injured, made allegations against

men of Fire Brigade regarding haphazard firing causing him injury but despite investigation,

the police could not find the persons responsible for the act. In 5 cases Hindus were the

assailants and in one case Muslims were the assailants.

464. As a preventive measure, police took steps under the provisions of sections 107 and

110 of Criminal Procedure Code and 135 of the Bombay Police Act. Curfew was imposed

with effect from 4.15 p.m. of 28.2.2002 and with intermittent relaxation or complete lifting it

was continued till 1st June, 2002. Police registered 20 cases under section 188 of IPC for

committing breach of the curfew and prosecuted 35 persons for the same.

465. Out of 14 incidents which happened herein, in 8 incidents the police was present and

had used force to bring the situation under control. Police had lobbed 15 hand grenades, 116

S.R. and 252 L.R. Total number of 383 shells were lobbed. Police had fired 15 shots from

revolver, 25 from 410 Musket, 23 from .303 rifle and 90 from carbine. Thus total number of

153 rounds were fired.

466. During the course of hearing, 16 persons, 7 Hindus and 9 Muslims deposed before the

Commission on oath. None of the witnesses has made any allegation against police or the

Government administration. These witnesses have spoken about the incidents which occurred

in their localities and they have made grievance only against persons of the other community.

Jitendra Ramanlal Kankuwala, (witness-506, Exh.844) and Rameshbhai Kantilal Shah,

(witness-508, Exh.847) have stated about the incident that occurred on 26.3.2002 in the

locality known as Dhal Ni Pol. According to them on that day a mob of 1000 persons armed

with different weapons attacked their locality, they immediately telephoned police and police

arrived there, however, the mob kept on pelting stones as a result of which police officer Mr.

Dave was injured but thereafter attack was repelled and mob dispersed. They have also stated

that because of communal disturbances and attacks on Hindu localities by Muslims many

Hindus have vacated areas like Bavaji Ni Pol, Sundariya Pol, Bechar Mulla Ni Khadki,

Kadiya Sheri, etc. Witness Kankuwala in reply to the suggestion made by Miss Shabana

Mansuri that the area on the left side of Astodia Gate upto Bhoot Ni Ambali was earlier

inhabited by Muslims but now they have vacated it, has denied it and he has stated that on the

contrary Muslims have purchased more houses in that locality.

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467. Ashutosh Suryaprakash Bhatt, (witness-507, Exh.845) has stated that if the

Government had implemented the recommendations of commission presided over by Justice

Dave to inquire into 1985 riots, the incidents that occurred after Godhra incident, would not

have occurred. He has also produced a book published by Khadia Itihas Samittee (Exh.846)

containing the finding based on research of the Godhra and subsequent incidents in Gujarat.

He has denied the suggestion made by Miss Shabana Mansuri in the cross examination that

the largest speculation market is in Khadia. Mehbubkhan Nijamkhan Pathan witness-510,

Exh.849 referring to the incident of 28.2.2002 which happened in Bhoot Ni Ambali locality in

which Muslims were attacked by Hindus has stated that Police Inspector Mr. Siyoni with his

police force reached there and dispersed the mob by lobbing teargas shells and that Mr. Ashok

Bhatt and Mr. Mayur Dave, M.L.A. and Corporator respectively of that area also visited the

affected locality and persuaded the Hindus not to create trouble. Thereafter no communal

incident occurred in that locality. Abdul Ajij Mohmedsafi Rangwala (Witness-511, Exh.851)

has stated that he is residing in Sarkiwad for the last 30 years. Sarkiwad has majority

population of Hindus. There were only 50 houses of Muslims. On 27.2.2002 he was at

Vidyanagar and when he learnt about the riots, he telephoned his daughter for taking help of

police as she was in trouble. Police immediately went there and helped her. He also contacted

Dr. Prakash Bhatt and Devbhai Gor to take care of his daughter and they did so.

Anwarhussain Sultanbhai Sindhi (witness-512, Exh.853) also speaks of police help received

by him while he needed to go to a doctor for obtaining medical treatment. Other witnesses

viz. Abubhai Samsuddin Kucherawala (witness-513, Exh,854), Abubakar Pirmohmed

Mansuri, (witness-514, Exh.855), Hasumiya Noormohmmed Kagdi, (witness-515, witness

856), Samshedkhan Rasulkhan Pathan, (witness-516, Exh.857) also speak about the police

help received by them in times of difficulty during communal riots. Witness Bachubhai

Popatlal Rambhiya, (witness-517, Exh.859) has stated that the Muslims of Khadia shouted

slogans on loud speakers, especially after offering Namaz that “Islam is in danger and the

Kafir should be killed”. Whenever police arrived slogan shouting was stopped but as soon as

the police was gone, they started it again. On 11.3.2002 some Muslims had caused an injury

to a cow with razor. He and PI Siyoni secured treatment and the cow was saved, otherwise

there would have been a large scale riot. In reply to questions asked by advocate Miss

Mansuri, he has stated that it was not true that no prayers (Namaz) were being offered in any

Masjid in Khadia area. Mohmedhabib Abdulrahim Shaikh, (witness-520, Exh.864) has stated

that he stayed in Badshah Na Hajira near Jumma Masjid and he had not heard any instigating

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lectures or slogans being given or shouted from Jumma Masjid on loud speaker. He has stated

that in his locality there was peace and no shop of Hindu was damaged. On 7.3.2002 there

was attack on Badshah Na Hajira from the side of Ratan Pol, Mandvi Ni pol and Sankadi

Sheri but PI Siyoni arrived there with police and dispersed the mob. Similarly on 23.4.2002

because of the sudden imposition of curfew, many persons, especially the businessmen got

stranded but PI Siyoni helped them in reaching their respective homes by taking them in

police mobile vans. Some Hindu witnesses have stated that because of the police help they

could perform the religious ceremonies at their houses.

468. Pursuant to the first notification, 29 affidavits have been filed before the Commission.

27 affidavits are of residents and businessmen of Khadia. These affidavits are from Exh.861

to 893. Two other affidavits have also been filed. In 19 affidavits out of 27, the deponents

have alleged that Muslims are causing harassment to Hindus with a view to drive them away

from their localities. They have appreciated the police help rendered to them. Hiralal

Kishorilal Mittal has filed an affidavit (Exh.870) that he is in the business of selling bicycles

for the last 50 years in Panchkuva locality. He has made serious allegations against Muslims.

A joint affidavit has been filed by three persons viz. Devangbhai Natwarbhai Choksi, Kaushik

Ramanlal Modi and Atulbhai Dhanjibhai Modi on behalf of Raipur Seasonal Bazar

Association wherein they have complained about the threat received on telephone by persons

administering the threats to the effect that the amount of fire crackers stored by them was

good enough to burn the entire Khadia and for that only one match stick was needed. Due to

this threat, they had to shift their goods to other places. Panch Kuva Kapad Bazar Association

have also written to the Commission Exh.886 that during the riots, police gave them help

whenever they needed. They have also stated that the minority community was responsible

for the loot, arson and damage caused to the properties in this bazar. Lalaji Prajapati has

stated that his pan shop was damaged by Muslims on 28.2.2002 and that caused loss of

Rs.1,50,000/-. With regard to the same property and same incident Bharat Prajapati has also

filed an affidavit (Exh.888). Their contentions are identical. Miss Hemlata Modi has stated in

her affidavit that her shop was burnt by the miscreants causing a loss of Rs.2 lakhs to her.

469. PI Siyoni has filed two more affidavits. In the second affidavit dated 9.1.2004 he has

refuted the allegations made by some of the residents of the area under Gaekwad Haveli

Police Station. In the third affidavit he has narrated the steps taken by him in the month of

May, 2002 for maintaining peace. He has also reffered to the incidents which occurred in that

month and the consequential actions taken by the police.

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470. PI Bharatbhai Kalabhai Ayer was in charge of Khadia Police Station between

15.5.2002 and 19.8.2002 upon transfer of PI Siyoni.

471. ACP S.K. Dave, in this affidavit has referred to the incident of 26.3.2002 and stated

that he was injured during that incidnet and the police was justified in using force for bringing

situation under control.

472. Ratilal Devjibhai Mankadia, DCP Zone-3 has referred to the incident dated 2.4.2002

(CR/40/2002) which happened near Khadia cross roads and stated about the action taken by

him and other policemen.

473. Shivanand Jha, Additional Police Commissioner, Sector-1, in his affidavit has also

narrated the incident which happened near Khadia cross roads on 2.4.2002 (CR/40/2002) and

stated how the police had responded.

474. After issuance of the second notification dated 5.8.2004, 15 affidavits have been filed,

out of which 11 affidavits relate to the claim of compensation and 4 affidavits contain

appreciation of services rendered by the police during the disturbances.

475. Material relating to this Police Station shows that though communally very sensitive

area comparitvely it had remained less affected by the communal frenzy that prevailed in

other parts of city. There were only 4 incidents of physical assault on individual by members

of other community and in two incidents there were mob clashes. Witnesses of both the

communities examined before the Commission, by and large, have apriciated discharge of

duty by the police. According to them because of timely and effective action taken by the

police major incidents could be averted. As regards involvement of political party or religious

organization or their leaders for sponsoring riots in this area is concerned, there is no evidence

much less any reliable evidence. On the contrary there is evidence of Mehbubkhan Pathan,

Witness No.510 wherein he has spoken about positive role played by the then sitting MLA

and Corporator of that area in persuading Hindus not to create trouble and thereafter no

incident happened in his area.

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GAEKWAD HAVELI POLICE STATION

476. Gaekwad Haveli Police Station is in „E‟ Division, Zone-III, Sector-1. It has an area of

4.5 sq.kmts. under its jurisdiction. It has got four police chowkies viz. (1) Jamalpur Police

Chowky, (2) Khamasa Police Chowky, (3) Vasant Rajab Police Chowky, and (4) Panch Pipli

Police Chowky. It is essentialy a Muslim area. Muslim population at the relevant time was

around 1.12.500. The population of Hindus was around 18,000 and of other communities

around 5000. The sanctioned police strength was 2-Police Inspectors, 12-Police Sub

Inspectors, 43-A.S.I./Head Constable, 161-Police Constables, 1-Woman Head Constable and

2-Woman Police Constables. Available strength was 2-P.I., 5-P.S.I., 31-A.S.I./H.C., 109-P.C.

and 2-W.P.C. Shri Aniruddhasinh Mahobatsinh Jadeja, Senior Police Inspector, Gaekwad

Haveli Police Station has filed affidavit Exh.4970. In it he has stated that in view of the

Godhra train incident and the Bandh call given by V.H.P. the higher police officers as well as

Govt. administration had issued instructions to maintain proper bandobast in pursuance

thereof he had ordered stand-to and also posted police, SRP and Home Guards at the

communally sensitive points. He had instructed the PSIs of all the police chowkies to organize

continuous patrolling in their areas and he himself had carried out the patrolling in the entire

area under his police station. Other higher police officers also frequently visited the area and

supervised the patrolling. Looking to its past history, this police station is considered to be

communally very sensitive and this time also it was considerably affected by communal riots.

477. Between 27th

February, 2002 and 31st may, 2002, 32 incidents took place in this area.

Table of date-wise occurrence of incidents is given below.

Date I.C.R. No. Total Incidents 28/02/2002 36/02, 37/02, 38/02, 39/02, 48/02 5

01/03/2002 40/02, 41/02, 42/02, 43/02 4

02/03/2002 44/02 1

03/03/2002 45/02 1

14/03/2002 49/02 1

23/03/2002 50/02 1

26/03/2002 51/02 1

27/03/2002 52/02 1

31/03/2002 53/02 1

21/04/2002 58/02 1

22/04/2002 60/02, 61/02 2

24/04/2002 62/02 1

25/04/2002 63/02 1

01/05/2002 64/02 1

07/05/2002 65/02 1

08/05/2002 67/02 1

09/05/2002 69/02 1

10/05/2002 70/02 1

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11/05/2002 71/02, 72/02 2

12/05/2002 73/02 1

13/05/2002 75/02 1

14/05/2002 76/02 1

17/05/2002 77/02 1

Total 32

There was no incident on 27.2.2002.

478. On 28.2.2002 in all 5 incidents happened.

(i) At about 9.30 hours the police while patrolling the area noticed that some shops and

vehicles in the Flower market situated near Sardar Bridge were set on fire. A mob of

200 to 250 Hindus was there and on seeing the police, it ran away. R.G. Chavda, PSI,

lodged the FIR (I-CR No.36/2002). During investigation, police arrested 7 persons and

charge sheeted them. Their trial is pending.

(ii) At about 11.15 a.m. a mob of 2000 Muslims pelted stones at Jamalpur Chowky and

Jagannath temple. Assessing the situation policemen present at the chowky called for

additional help also. To disperse the mob police lobbed teargas shells and also resorted

to firing. R.G. Chavda, PSI, lodged the FIR (I-CR No.37/2002). The police arrested 3

persons and charge sheeted them. Their trial is pending.

(iii) Mob of 2500 to 3000 Muslims including two persons named in the FIR pelted stones

at Jamalpur Chowky and also at Jagannath temple at about 23:30 hours. They broke

open shops of Hindus and burnt goods. Policemen present at the Police Point lobbed

teargas shells and also opened fire. R.G. Chavda, PSI, lodged FIR (I-CR No.38/2002)

on 1.3.2002. Police arrested 2 persons and charge sheeted them. Their trial is pending.

(iv) Between 10.22 p.m. of 28.2.2002 and 4.45 p.m. of 1.3.2002 near Jamalpur Municipal

Staff Quarters mobs of Hindus and Muslims frequently pelted stones and burning rags

at each other and damaged some hand carts and vehicles. Police reached there on

receiving message and took action by lobbing teargas shells at the crowd. ASI,

Madhaji Rupji lodged FIR (I-CR No.39/2002). Police arrested and prosecuted 6

persons of Muslim community. Their trial is pending.

(v) At about 1.30 p.m. near Jamalpur Panch Pipli area, a mob of Muslims broke open

shops of Hindus and looted goods and also burnt the furniture. One house of a Hindu

was also looted. Omprakash Kishorilal Shah lodged the FIR (I-CR No.48/2002) on

11.3.2002. Since the police was unable to find the culprits even after investigation, it

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prayed for A summary and closed the case. Subsequently, the case has been re-opened

and the investigation is still going on.

479. On 1.3.2002, four incidents happened.

(i) Between 5.00 hours and 7.00 hours a mob of 2000 to 2500 Muslims armed with

dangerous weapons and shouting „Kill Hindus destroy the temple‟ was seen by PI

Chavda coming towards Jagannath temple. It started throwing stones and burning rags.

So the police warned the mob, lobbed a teargas shell and fired one round in air. The

mob then ran away. Again at about 7.00 hours a mob of 2000 to 2500 Muslims armed

with dangerous weapons, pelted stones and threw burning rags at Jagannath temple

and Jamalpur Chowky. Inspite of warnings given to them by the Police it did not

disperse and continued the attack. So the police opened fire to disperse the mob. The

mob then ran away, but while running away it opened one shop and looted goods from

it. Police pursued the mob and apprehended one person. R.G. Chavda, PSI, lodged the

FIR (I-CR No.40/2002). Police arrested 4 persons and charge sheeted them. After trial

Court convicted one person and acquitted one person. Trial against two other accused

is pending.

(ii) At about 9.45 hours mobs of Hindus and Muslims, near Jamalpur Vaishya Sabha

pelted stones at each other, damaged shops and burnt goods. Policemen maintaining

bandobast at Vaishya Sabha resorted to firing and dispersed the mobs. Two Muslims

were arrested on the spot. Head Constable Ramansinh Madhavsinh Chavda lodged the

FIR (I-CR No.41/2002). During investigation, police also arrested 5 Hindus and

charge sheeted in all 7 persons. Their trial is pending.

(iii) At about 14.00 hours, a mob of 3000 to 3500 Muslims and a mob of around 100

Hindus armed with dangerous weapons pelted stones and burning rags at each other

near Kanchni Masjid, New Chawl. On receipt of the information, police reached there

and lobbed teargas shells and fired some rounds to disperse the mobs. One Muslim

named Galubhai Karimbhai Shaikh died in police firing. Certain persons were

identified by the police. A.M. Jadeja, P.I. lodged the FIR (I-CR No.42/2002). During

investigation police arrested and then prosecuted 18 persons, (11 Muslims and 7

Hindus). Their trial is pending.

(iv) Between 4.00 p.m. and 6.00 p.m. near Mahajan Vanda a mob of 1000 to 1500

Muslims surrounded Hindus residing in Mahajan Vanda and pelted stones and burning

rags towards their houses. Police reached there on receiving information and lobbed

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teargas shells and also opened fire. The mob dispersed thereafter. P.S.I. D.A. Chavda

lodged the FIR (I-CR No.43/2002). Police arrested and prosecuted 12 persons. They

were acquitted by the Court.

480. On 2.3.2002 at about 7.45 hours, police while patrolling Gol Limda area noticed that

some persons had broken open shutter of shop of Bansilal Pendawala and had committed

theft. Three persons belonging to Muslims community were apprehended on the spot. A.S.I.

Himmatsinh Somabhai lodged the FIR against them (I-CR No.44/2002). Police prosecuted

those 3 persons. They were acquitted by the Court.

481. On 3.3.2002, between 12.00 noon and 12.30 hours, 15 to 20 Hindus opened the shutter

of the plastic factory of Nasiruddin Hajipir Mohmed situated in open ground near Munshi

Vanda and burnt the goods kept therein. It also committed theft of cash. He lodged the FIR (I-

CR No.45/2002). Since the police was unable to find the culprits even after investigation, it

prayed for A summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

482. On 14.3.2002 at about 10. 30 p.m., Bharat Natwarlal got injured due to some corrosive

liquid thrown on his leg by some miscreants in Khanderivala Khancha near Mahajan Vanda.

He lodged the FIR (I-CR No.49/2002). The police arrested two Muslims and prosecuted them.

Court after trial acquitted them.

483. On 23.3.2002 between 16.40 hours and 18.00 hours, mobs of 3000 to 3500 Muslims

and 2000 to 2500 Hindus armed with weapons threw burning rags, brickbats and stones at

each other in different localities known as Jawahar Chowk, Khatriwad, Maratha Chowk and

adjoining localities. They also burnt shops, vehicles and looted goods. Police reached there

soon after receiving the information. It lobbed teargas shells and also fired some rounds and

dispersed the mobs. J.R. Tiwari, PSI lodged the FIR (I-CR No.50/2002). The police arrested

and prosecuted 23 persons, (14 Hindus and 9 Muslims). Their trial is pending.

484. On 26.3.2002, between 3.30 p.m. and 5.00 p.m., near Paththarwali Masjid, Astodia

Chowky, Kaji na dhaba and nearby areas mobs of about 5000 Muslims and mobs of about

2000 Hindus armed with weapons attacked each other and burnt some houses. Head

Constable Kamalsinh Bhikhusinh noticed the incident while his team was patrolling the area.

He telephoned the control room for sending more help. In response to it several police officers

of the rank of ACP and DCP reached the spot. Assistant Police Commissioner, S.K. Dave was

surrounded and injured by some miscreants from the mob by giving blow with a sword.

Police lobbed teargas shells and fired several rounds to disperse the mob. The police had to

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chase the Muslim mob as it was indulging in rioting. At three other places the police had to

lob tear gas shells and fire some rounds to disperse those persons. Those persons looted four

houses. Police was able to apprehend 3 Muslims from the mob. One Muslim died in police

firing. Kamalsinh lodged the FIR (I-CR No.51/2002). The police arrested 6 persons of

Muslim community and prosecuted them. The Court acquitted them.

485. On 27.3.2002, Dahyabhai Karsanbhai Vegda, in charge of Jamalpur Drainage

Pumping Station, gave information that at about 19.40 hours person operating Pumping

Station had noticed in the in-coming chamber limbs of a human being who might have been

done to death during communal disturbances. Police registered the FIR (I-CR No.52/2002).

Since the police was unable to find out the culprit, it obtained „A‟ summary and the case was

closed. Subsequently, the case has been re-opened and the investigation is still going on.

486. Between 17.25 hours and 18.00 hours of 31.3.2002 a mob of Muslims, in Dana Bhagat

Sheri, pelted stones and then petrol filled bottles, burning rags, acid bulbs, etc. on houses of

Hindus. Police received information and reached the spot when the incident was still going on

and opened fire. One Muslim who received injuries in firing died subsequently. Four persons

were apprehended on the spot. P.I. A.M. Jadeja, lodged the FIR (I-CR No.53/2002). The

police during investigation arrested one more person and charge sheeted in all 5 persons.

Their trial is pending.

487. On 21.4.2002, mobs of 200 to 300 Hindus and Muslims, near Daru Ulam building in

Raikhad, pelted stones and hurled brickbats and burning rags at each other, as a result of it

certain vehicles and some residential houses caught fire. On receiving information Police

reached there and dispersed the mob. Some persons were apprehended on the spot. R.G.

Chavda, PSI, lodged the FIR (I-CR No.58/2002). After investigation police arrested 7

persons, (6 Hindus and one Christian) and charge sheeted them. Trial against them is pending.

488. On 22.4.2002 two incidents happened.

(i) Two groups of Hindus and Muslims each comprising about 25 members started

pelting stones and burning rags at each other. It so happened because some miscreants

busted fire crackers and created panic. PSI Chudasama and some BSF men reached

there and dispersed the mob. One person was apprehended on the spot. PSI

Chudasama lodged the FIR (I-CR No.60/2002). After investigation the police

prosecuted Sarfarazkhan Gulammohmed Shaikh. He was convicted by the Court.

(ii) Kamlesh Natwarbhai alias Bhamraji Chauhan while he was sleeping in the open space

in the backyard of his house in Jamalpur Maharaj Vanda area was attacked by

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miscreants by throwing corrosive substance on him as a result of which he received

injuries on his leg. He lodged the FIR (I-CR No.61/2002). The police arrested 2

Muslims and prosecuted them. Trial against them is pending.

489. On 24.4.2002, on the main road in Jamalpur Chakla, Dineshbhai Valjibhai Makwana

and his friend were assaulted by three unknown Muslims and caused injuries with a razor. He

lodged the FIR which was registered at I-CR No.62/2002. Since the police was unable to find

out the culprits even after investigation, A summary was prayed for, it was granted by the

Court andit obtained „A‟ summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

490. Between 23.00 hours of 25.4.2002 and 2.00 hours of 26.4.2002, in Khanja Darwaja,

Somnath Bhudar No Aaro, Flower Market, Opera Guest House, Vaishya Sabha, Dana Bhagat

Sheri, mobs of Hindus and Muslims indulged in rioting at different times and pelted stones,

petrol bombs, acid filled bottles, burning rags, brickbats, etc. at each other. P.I. A.M. Jadeja

received the message and he went to these places with his force and dispersed the mob by

bursting teargas shells and opening fire. 27 miscreants belonging to both the communities

were apprehended on the spot. Several police vehicles were damaged. PI Jadeja lodged the

FIR (I-CR No.63/2002). The police in all arrested 30 persons, 6 Hindus, one Christian and 23

Muslims and prosecuted them. Trial against them is pending.

491. On 1.5.2002 at about 7.00 hours, some unknown persons threw hand bomb in the

temple known as Keval Gyan Mandir in Gol Limda area causing damage to the furniture.

Pravin Bhailal Patel lodged the FIR (I-CR No.64/2002) against unknown persons. Since the

police was unable to find out the culprits even after investigation, it obtained „A‟ summary

and closed the case. Subsequently, the case has been re-opened and the investigation is still

going on.

492. On 7.5.2002 at about 9.30 hours, Bhavanbhai Nagarbhai Chavda and his companion

Ramjibhai were assaulted on the road near Munda Darwaja and they were caused injuries

with a knife. He lodged the FIR (I-CR No.65/2002). Since the police could not find out the

culprits, it obtained „A‟ summary and closed the case. Subsequently, the case has been re-

opened and the investigation is still going on.

493. On 8.5.2002 at about 8.30 hours three unknown persons assaulted Jagdishbhai

Dahyabhai Patni and caused him injuries with fist and kick blows and glass bottles. He lodged

the FIR (I-CR No.67/2002). The police could not find out the culprits even after investigation

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and therefore, it obtained „A‟ summary and closed the case. Subsequently, the case has been

re-opened and the investigation is still going on.

494. At about 17.25 hours on 9.5.2002, police received information that some person was

killed in Jamalpur Chakla near Riyaz Hotel and his dead body was taken towards Hebatkhan

Masjid for disposal. Police reached the spot and found the dead body wrapped in jute cloth

and plastic sheet. Nobody was present at the place. He was identified as Chandrakant

Babubhai, a Hindu. A.M. Jadeja, Sr. PI lodged the FIR (I-CR No.69/2002). During

investigation the police arrested 5 Muslims and prosecuted them. One person absconded.

They were acquitted by the Court.

495. On 10.5.2002 between 6.32 a.m. and 4.50 p.m., mobs of 10000 Muslims and 3000

Hindus in the areas known as Khanja Darwaja, Jamalpur Darwaja, Raikhad Punjalal Ni

Chawl, Bhatiya Pole, Vaishya Sabha, Tri-Murti Temple, Opera Guest House, Mahajan No

Vando, etc. committed acts of rioting. They threw burning rags, brickbats, stones, petrol and

acid filled glass bottles at each other and also on the houses and committed loot. They also

assaulted the police who had reached there on receiving information. Police lobbed teargas

shells and then opened fire. 31 persons received injuries by teargas shells and firing and they

were admitted in hospital. 4 persons of Muslim community died due to police firing. J.A.

Chudasma, PSI, lodged the FIR (I-CR No.70/2002). During investigation the police arrested

85 persons, 43 Hindus and 42 Muslims and prosecuted them. One person was found

absconding. Trial against them is pending.

496. On 11.5.2002 two incidents happened.

(i) At about 11.56 hours, mobs of 500 Muslims and 200 Hindus pelted stones, threw hand

made bombs, etc against each other in Attarwali Chawl area. Police on receiving

message reached there and lobbed teargas shells to disperse the mobs. Two persons

viz. Mohmmad Hanif Sabbir Ahmed and Mehboob Abdul Rehman were apprehended

on the spot. R.G. Chavda, PSI, Jamalpur Police Chowky lodged the FIR (I-CR

No.71/2002). The police prosecuted those two persons. Trial against them is pending.

(ii) At about 20.00 hours, near Raikhad Darwaja, some Hindus and Muslims pelted stones,

brickbats and hand made bombs at each other. Police reached the spot and took action

by lobbing teargas shells. 7 persons were apprehended on the spot. B.A. Chavda, PSI,

lodged the FIR (I-CR No.72/2002). The police, in all, arrested 8 persons, all Hindu

and prosecuted them. Trial against them is pending.

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497. On 12.5.2002 between 2.25 p.m. and 3.30 p.m., a mob of around 3000 Muslims, near

Municipal Labour Quarters in Jamalpur attacked houses of Hindus by throwing stones and

brickbats. Police reached there and tried to disperse the mob. Instead of dispersing the

miscreants diverted their attack on the police. Police lobbed teargas shells and also opened

fire. Several persons were apprehended on the spot. K.M. Rathod, PSI, lodged the FIR (I-CR

No.73/2002). The police ultimately arrested 19 persons and prosecuted them. Trial against

them is pending.

498. On 13.5.2002 at about 14.00 hours on the main road near Prasad Mill compound in

Raikhad, two unknown persons riding on a motor bike threw bombs towards persons standing

there. As a result of it Chirag Kiranbhai Parmar and his friend received injuries. He filed FIR

(I-CR No.75/2002). The police could not find out the culprits even after investigation and it

obtained „A‟ summary and closed the case. Subsequently, the case has been re-opened and the

investigation is still going on.

499. On 14.5.2002 at about 3.00 p.m. a mob of 1500 Hindus and mob of the same number

of Muslims confronted each other because of busting of fire crackers by some miscreants. The

mobs threw brickbats, stones, water bottles etc. at each other. Police soon reached there. On

seeing the police mobs ran away. Head Constable Swaroopsinh Bhurabhai lodged the FIR (I-

CR No.76/2002). The police arrested 2 Hindus and prosecuted them. Trial against them is

pending.

500. On 17.5.2002 at about 11.00 a.m. police stopped vehicle TATA Sumo bearing

registration No.GJ-6-AA-5414 and upon searching it found from the vehicle several illegal,

dangerous weapons. A.B. Gum, PSI lodged the FIR (I-CR No.77/2002). The police arrested 6

persons all Muslims and prosecuted them. They were acquitted by the Court.

501. In the area under this Police Station, incidents of communal disturbances continued for

a long time. On February 28, 2002 maximum number of incidents i.e. 5 happened. On the

following day i.e. 1.3.2002 there was one incident less. In these two days the famous

Jagannath temple was attacked thrice. Unlike 1969 riots, even after the attacks on temple on

28.2.2002 and 1.3.2002 the situation remained comparatively quiet. In the month of March,

there were 8 days on which communal incidents happened. In the month of April frequency of

incidents decreased and only 5 incidents happened on 4 different days, during the whole

month. However, in the month of May, there were maximum number of incidents and 10 days

were affected by communal disturbances in which 11 incidents happened. Analysis of

incidents shows that till 27.3.2002 only properties of the rival community were targeted but

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on 27.3.2002 the incidents involving physical attack occurred wherein one person died.

Thereafter on 24.4.2002, 7.5.2002, 8.5.2002 and 13.5.2002 the incidents of assault occurred

wherein one person received injury on each day. In between this on 9.5.2002 one person was

fatally wounded. However, here, the incidents of physical assault were relatively less than

many other largely affected Police Stations. Out of 32 incidents, 5 incidents relate to offences

against human body and the rest against property. Six incidents took place during night time

and 26 incidents happened during day time. In these incidents, 9 persons lost their lives out of

them one was Hindu and 7 were Muslims, one person‟s community could not be ascertained.

All the Muslim victims died due to police firing whereas one Hindu and the unknown person

died due to physical assault on them. So far as properties are wconcerned, 60 houses of

Hindus and 11 houses of Muslims, 44 shops of Hindus and 88 shops of Muslims and 3

vehicles of Hindus and 5 vehicles of Muslims, two dargahs and 8 Masjids were damaged due

to fire. Further 5 residential houses and 4 shops of Muslims were looted. 14 houses of Hindus

and 34 houses of Muslims, 10 shops of Hindus and 30 shops of Muslims were damaged by

breaking them open. Police apprehended 272 culprits in 24 cases and in 8 cases it requested

for A summary. As precautionary measure, police filed 20 cases u/s. 107, 13 cases u/s 151, 71

cases u/s. 188 of Cr.P.C., 8 cases u/s. 135(1), one case u/s. 142 of B.P. Act, and three cases

under PASA. In the area under this police station, curfew was imposed on 1.3.2002 and with

intermittent relaxation or complete lifting for particular period, it was continued till

10.4.2002. Police registered 73 cases against 117 persons for coming breach of curfew orders.

Out of 32 incidents only one incident was reported late i.e. I-CR No.48/2002. It had occurred

on 28.2.2002 and the report was given on 11.3.2002 because of the disturbed condition, the

owner had not visited his shop after 28.2.2002 and learnt about damage only on 11.3.2002.

Out of 32 incidents 6 incidents happened in night whereas 26 incidents happened during day

time.

502. In 8 incidents the culprits, despite investigation, could not be found but in the

incidents of I-CR/48/2002 and I-CR/62/2002 they were identified to be Muslims whereas in

one incident they were indentified to be Hindus. In one incident identify of assailants as well

as victims could not be known. In remaining 4 of these incidents though the assailants could

not be found and their community has not been stated in the FIR, the victims were Hindus and

therefore, community of assailants could safely be presumed to be Muslims. Out of remainig

24 incidents in 12 incidents Muslims were the assailants, in 11 incidents mobs of both the

communities attacked each other and in one incident Hindus were the miscreants.

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503. Out of 32 incidents which happened in the area under Gaekwad Haveli Police Station,

in 11 incidents the police had used force to bring the situation under control. In these incidents

police lobbed 246 hand grenades, 180 S.R., 468 L.R., total number of 894 shells. Police fired

73 shots from revolver, 120 from 410 Musket, 135 from .303 rifle, 40 from carbine and 8

from SLR. (Total 376 rounds). At some places police made lathi charge on mobs to disperse

them.

504. There were 3 sections of SRP permanently deployed in the area under this Police

Station prior to the disturbances. From 1.3.2002 till 31st May, 2002 additional sections of SRP

were deployed as per the requirement and the maximum number of sections i.e. 11-1/2

sections were deployed between 10.5.2002 and 17.5.2002. Addionally, 9 sections of BSF

were posted between 1.3.2002 and 31.5.2002. 6 sections of Central Reserve Police Force were

deployed between 13.5.2002 and 31.5.2002. Two companies of Rapid Action Force were

deployed between 9.5.2002 and 12.5.2002. There was no deployment of Army in this area.

505. Before the Commission, 27 witnesses (15 Hindus and 12 Muslims) have given

evidence. Nizamuddin Abdulrehman Shaikh (Witness-522, Exh.899) residing near Kanchni

Masjid has stated that for 3-4 days after the Godhra incident, their area remained quiet but

thereafter some persons belonging to Bajrang Dal came from Untwali Chawl, Behrampura

and pelted stones at their locality and damaged shops. The attack was repeated on 12.4.2002.

The mob of Bajrang Dal was led by Babubhai Mansukhbhai. They had brought one aged

Muslim gentleman named Jenubhai Saifuddin Saraswala in a paddle rickshaw and had thrown

him in the garbage container near Municipal quarters. He had gone there and found the person

alive. He had therefore stopped one police jeep of Kagdapith Police Station and requested the

police officer to remove the injured person to hospital, but they had shown their inability as

they were on patrolling duty. At that time a rickshaw came and therefore, he had taken the

injured person in a rickshaw to V.S. Hospital where he was declared dead. He has further

stated that after some confusion, the case was registered at Gaekwad Haveli Police Station

and the investigation was carried out by police very efficiently. He also appreciated the duty

discharged by the Gaekwad Haveli Police during the riots. (This offence happened in

Kagdapith Police Station area and therefore, the case was transferred to that Police Station).

Noorjahan Ajgarali Ansari, (Witness-523 Exh.900) of Gomtipur has stated that in the month

of March, 2002, while she and others were saying prayers at night in a house in Jamalpur

there was a loud explosion and everybody got frightened and came out of their houses. Many

other Muslims had also come out of their houses. She had seen this from the upper floor of the

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house where she had gone on that day. According to her, one police van arrived there and

police opened fire. She therefore went inside but later on she learnt that one boy was injured

due to police firing. She has neither given the date nor the time when according to her the said

incident happened. Witness-524 Puriben Trikamlal Makwana Exh.901 has stated that she is

staying in Raikhad Pragati Chowk. On following day of the Godhra train incident, a mob of

Muslims pelted stones and threw bombs at their locality due to which 3 to 4 boys got injured.

In the meanwhile, police officers S/Shri Dave and Jadeja arrived there with their policemen

and dispersed the mob. According to her, they can stay in that locality only if police

protection is provided to them. Many Hindus have vacated the place due to fear of Muslims.

In cross examination by Mr. Mukul Sinha, she has stated that she had informed the police

about the incident but no complaint was lodged. She did not know whether the police arrested

persons involved in the incident. She telephoned because she happened to be a social worker

of the area and some persons came to her place to request her to telephone the police. This

incident is registered at CR/42/2002. Witness-529 Manjulaben Khushalbhai Chauhan

Exh.908, of Gol Limda area has stated that in her locality there is mixed population and there

are 10 to 15 houses of Hindus whereas the population of Muslim is 4000 to 5000. According

to her, on 8.3.2002 a mob of Muslims of 150 to 200 persons attacked houses of Hindus but the

Muslims of her locality protected the Hindus and gave them shelter and made arrangements

for food. The mob of miscreants was driven away by the Muslims of her locality and the

leadership was taken by Iqbalbhai and Kalubhai in driving away the Muslim miscreants.

According to her, this incident was reported on 17.3.2002 in Gujarat Today. P.I. Jadeja and

P.I. Chavda also arrived there and they gave adequate protection to the Hindus. This evidence

has remained unchallenged. Witness-542, Mehbubbhai Abdul Jabbar Sipahi Exh.929 has

stated that on 28.2.2002 a mob of Hindus attacked their locality near Kanch Ni Masjid,

Jamalpur. One Hindu named Babubhai opened fire from his private weapon but nobody was

injured. The mob looted about 8 houses of Muslims and set them on fire. Alongwith the

miscreants, there were police officers of Kagdapith Police Station also. They too opened fire

due to which one Muslim and 4 Hindus died. (These incidents have been registered at

CR/39/2002 and CR/42/2002 and one Muslim Galubhai had died in police firing). All other

witnesses except one have given evidence to the effect that their locality was adequately

protected by the police. They have also stated that relations between the two communities in

their locality were cordial and they helped each other and gave protection against attacks by

outsiders. One witness viz. Haji Mohmed Ismail witness No.544 Exh.933 has made serious

195

grievances against the alleged high handed conduct of police of Khadia Police station and in

particular Police Inspector Mr. Siyoni and Superintendent of Police Mr. S.K. Dave. He has

stated that on 26.3.2002, near Kajina Dhaba these two officers ordered indiscriminate firing.

As a result of the same, one Muslim youth named Sharfaraz died and one person named

Parvej received injury on hand. He has alleged that Hanifaben Yakubbhai was mercilessly

belaboured by Women Police Constables who were with these officers. He has stated that the

aforesaid police officers were accompanied by the son of the leader of Khadia area Shri

Ashok Bhatt. The evidence of this witness has been supported by 14 other persons by stating

before the Commission that they agreed with the evidence given by this witness. It is admitted

by the witness that he had not seen the assault on Hazraben and whatever was done in the

house of Hanifaben. He also stated that no such allegation was made by him before any other

authority. Some witnesses have expressed their apprehension and have suggested that there

should be a permanent police point near their locality.

506. Senior PI, B.D. Siyoni has filed further affidavit dated 9.1.2004 which is filed with a

view to meet the allegations leveled against the police in the affidavit filed by the private

citizens and the oral evidence. He has denied in the said affidavit that the police had

committed atrocities and the innocent people were subjected to cruelty. He has stated that the

police took action only when it was necessary and in serious cases only it resorted to lobbing

the teargas shells and opening fire. Police Inspector, Shri Aniruddhsinh M. Jadeja has filed his

affidavit. In the said affidavit he has given details of some of the incidents, steps taken by the

police to tackle the situation and to maintain bandobast. He has also filed further affidavit to

explain the oral evidence of some witnesses i.e. witnesses nos.523, 522, 524, 525, 527, 528,

529, 531, 532 and 541 examined before the Commission.

507. PI Jadeja has filed second affidavit whrein he has quoted some part of the evidence of

the witnesses who have praised the police functioning during the riots. In the affidavit dated

28.9.2004 he has covered 11 incidents which occurred during the month of May, 2002.

508. Ratilal Devjibhai Mankadia, Dy. Commissioner of Police, Zone-3, has referred to the

cases registered as CR/40/2002, 42/2002, 43/2002, 50/2002, 51/2002, 53/2002 and 58/2002

and the resultant actions taken by the police in these incidents. S.K. Dave, ACP, “E” Division

has stated about the offence registered at CR/43/2002 and the action taken by the police in the

said incident. Similarly, Shivanand Jha, Additional Commissioner of Police, Sector-1, in his

affidavit has narrated the incident of 23.3.2002 which happened near Jai Shanker Sundari

Hall, Raikhad (CR/40/2002) and has stated about the action take by the police during the

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incident. He has also stated about the arrest of 7 persons in connection with this offence and

recovery of 20 liters of oil.

509. After the second notification dated 5.8.2002, 144 affidavits have been filed. In 37

affidavits the deponents have praised the services rendered by the police and in rest of them,

the deponents have either claimed compensation or have demanded compensation and also

rehabilitation.

510. The foregoing narrations show that the area under this Police Station was considerably

affected by the communal riots. There is allegation made by one witness that for 3-4 days

after Godhra train incident, the area remained quiet but thereafter members of Bajrang Dal

attacked their locality and damaged their shops. On 12.4.2002 mob of Bajrang Dal led by

Babubhai Mansukhbhai had seriously injured Jaitunbhai Saifuddin and threw him in the

garbage container near Municipal Quarter. He had died subsequently. There is no effective

cross examination of this witness on this aspect by any party. Hence, there is no reason to

disbelieve this witness and his evidence regarding involvement of Bajrang Dal has to be

accepted. He has, however, appreciated the duty discharged by police of Gaekwad Haveli

Police Station during riots. Out of 32 incidents, 21 incidents happened in absence of police

but in the incidents where the police was present they appear to have taken adequate steps to

control the situation by using necessary force. Two witnesses have made allegation against

police. One witness has stated that the police of Kagdapith Police Station accompanied Hindu

mob and the mob looted the houses of Muslims and set them on fire. The officers of

Kagdapith Police Station opened fire due to which one Muslim and four Hindus died. The

evidence of this witness does not inspire confidence because he himself says that the

accompanying police opened fire to bring the situation under control and due to which one

Muslim and four Hindus died. The allegation against police therefore, cannot be accepted.

Another witness has alleged that there was high handed conduct of police of Khadia Police

Station and in particular Police Inspector Mr. Siyoni and Superintendent of Police Mr. S.K.

Dave and they on 26.3.2002 ordered indiscriminate firing near Kazi na Dhaba. He has also

alleged that Women Police Constables who accompanied these two officers beat Hanifaben

Yakubbhai and one Hajraben. At that time son of Ashok Bhatt was with them. The allegations

have effectively refuted by PI Siyoni in his affidavit which we have already discussed. Further

this witness cannot be believed because though he had not seen the beating of Hanifaben and

Hajraben he has alledged attorcity on those two ladies. He does not say from whom he learnt

about such incident happening. He has also admitted that he had not made such allegation

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before any other authority prior to giving evidence. One witness of Muslim community of

Khadia area has on the contrary stated that on persuation of Ashok Bhatt and his son Hindus

did not create any trouble in his area.