Former Guj DGP's SIT statement belies his amnesia claim

Former director general of police (DGP), Gujarat, PC Pande's memory has been playing tricks on him. He is unable to recall details of an incident two years after the event but can recollect minutiae of the same event after eight years. Pande was made chairman of the Gujarat Police Housing Board after he retired as state DGP.

He was the Ahmedabad police commissioner during the horrific communal riots of 2002. In his statement before the SIT on March 24, 2010, he was able to answer some important questions about the Godhra train fire of February 27, 2002 and the two gruesome massacres that had taken place in Ahmedabad the following day.

However, he was unable to recall details about the same events during his cross-examination on August 18, 2004 before the Nanavati commission of enquiry.

Incidentally, in its final report, the SIT has exonerated Pande of all charges levelled against him in Zakia Jafri's complaint.

Pande had filed a detailed affidavit before the commission in July 2002 and, in 2004, he was cross-examined before the probe panel by lawyers representing victims of the 2002 riots.

According the lawyers who had cross-examined him, Pande had then claimed amnesia and declined to give clear answers to some vital questions.

The SIT had taken Pande's statement on March 24, 2010 in connection with Zakia Jafri's complaint that it was investigating. In her petition filed before the Supreme Court, Zakia had accused chief minister Narendra Modi, state BJP leaders (including ministers) and top IAS and IPS officials of complicity in the riots.

In his statement before the SIT (a copy of which is with DNA) Pande had denied Zakia's allegation that many phone calls were made to him when the Gulbarg society was surrounded by rioters. Zakia's husband, former Congress MP Ehsan Jafri was among the 69 people killed by rioters at Gulbarg society in Ahmedabad.

"Late Ahesan Jafri, ex-MP, did not contact me either on my landline phone or mobile phone on 28-2-2002, seeking help. No one from Gulbarg society contacted me either on my landline or my mobile phone seeking help," Pande had said in his statement to the SIT. However, during his cross examination before the Nanavati commission in August 2004, he had said: "At present, I cannot say whether I received direct distress calls from Gulbarg society at 12:25 to 12:55 noon that day because there is no noting of it and I do not remember anything about that." He had claimed that he could not recall receiving any calls from anybody during the massacre that was taking place at a site close to his office in Shahibaug.

Teesta Setalvad of Citizens for Justice Peace, the NGO which has supported Zakia in her fight for justice, has alleged that Pande had feigned amnesia during his cross-examination in 2004. However, 6 years after the cross-examination, he was able to recall all details before the SIT, Setalvad told DNA.

"How can a senior police officer do this? Why did he refuse to answers many questions before the commission by saying 'I do not remember' or 'I cannot say'? Strangely, six years after the cross-examination, he was able to the answer the SIT's questions regarding the massacres," said Setalvad while talking to DNA. Setalvad further said that Pande had not submitted the records of the Ahmedabad city police control room before the Nanavati commission but he gave them to the SIT in 2011.

"He had feigned amnesia before the Nanavati commission but was able to recall all details about the riots before the SIT. He should be prosecuted for perjury and hiding government records," Setalvad said.  The former Ahmedabad  police commissioner had told the commission that at the meeting on February 27, 2002 at the chief minister's official residence, Modi had no discussion either with him or the then DGP about a large-scale reaction by Hindus to the Godhra train carnage.

"It was not discussed in that meeting as to what would be the fallout of the incident at Godhra and what would be the effect of the bandh that had been declared," Pande had stated before the riots probe panel

However, he demonstrated total recall before the SIT on the same issue.

"The chief minister was of the view that there could be repercussions to the Godhra incident and, as such, sufficient police bandobast should be made and all other necessary steps to maintain peace be taken," Pande stated before the SIT.

He also rejected IPS officer Sanjiv Bhatt's allegation that Modi had instructed the police to allow Hindus to vent their anger against Muslims. Pande said Bhatt was not present at the meeting.

"As regards the Naroda Gam and Naroda Patiya incidents, the police dealt with the crowds outside but, unfortunately, could not know about the killings that had taken place inside as they were not visible to the police outside."

When DNA contacted him for his comments on his statements, he said: "I don't want to speak anything about that (his statement before the SIT). Please do not waste my time."