Gujarat HC has indicted the Modi government over its failure to curb 2002 riots and protect fundamental rights. It has asked the state to compensate over 500 religious structures damaged during the 2002 riots.
\BJP's efforts to position Gujarat Chief Minister Narendra Modi as its prime ministerial candidate in 2014 may have faced a strong hurdle on Wednesday. Modi's efforts to be renowned as a good administrator took a beating as Gujarat high court passed an order which squarely blamed the 2002 post-Godhra riots to 'negligence of the state'.
An HC bench comprising acting chief justice Bhaskar Bhattacharya and justice JB Pardiwala was hearing a petition seeking compensation for destroyed places of worship, asked the state government to compensate over 500 religious places which were damaged during the rioting.
The HC held the state responsible for inaction during the riots as well as for destruction and damage to the religious places across the state. "…the fact that the riot continued for several days itself suggests lack of appropriate action or adequate action, if not inaction, on the part of the state in handling the situation."
The court observed, "The fact remain that the anarchy continued unabated for days (during riots). When according to the state, the riot broke out as a general reaction from the unfortunate incident of Sabarmati Express at Godhra, as disclosed in its affidavit, such fact should have been known to the police intelligence and they should have taken appropriate preventive action well in advance."
The bench further rapped the government by observing, "Failure on the part of the police intelligence to gather such general reaction in time and to take appropriate timely action definitely come within the expression 'negligence of the state' even if we for the sake of argument accept the defence of the state that the cause of riot was the 'general reaction from the incident of Sabarmati Express'."
The bench further said, "Similarly, the fact that the riot continued for several days itself suggests lack of appropriate action or adequate action, if not inaction, on the part of the state in handling the situation."
The bench was hearing a petition filed in 2003 by Islamic Relief Committee of Gujarat (IRCG) seeking compensation to 572 odd religious places, mostly belonging to minority community that were damaged or destroyed during the infamous 2002 riots.
However, the state government had refused to grant any compensation on the ground that there was no such policy and they didn't provide such relief even during the major earthquake that ripped Gujarat in 2001.
The observation is a major blow to the government which is already under scanner for failure to curb riots in the state in the aftermath of the Sabarmati Express train carnage at Godhra railway station on February 27, 2002.
Many human rights activists and NGOs have blamed Modi government for the riots that killed over 2,000 people in the state.
Seeking Narendra Modi's resignation, prominent advocate and human rights activist Girish Patel said, "This judgment is a strong indictment of Modi's government by the highest court of the state.
The court has clearly pointed out the four serious and unpardonable failures on the part of the state government.
One, total failure of the government to take preventive action, second is clear negligence on the part of the government, third deliberately not pressing annual report of NHRC before the state legislative assembly and last, state's failure to protect religious places and to provide compensation. It is a clear violation of freedom of religion given in the Constitution.
This judgment points out clear failure of law and order in the state which could have attracted president's rule under article 356. Therefore, Modi should resign."
Fr Cedric Prakash, a prominent human right activist said, "We welcome the decision of the Gujarat HC directing the government of Gujarat to provide compensation and ensure reconstruction of almost 600 religious structures destroyed during the Gujarat carnage of 2002.
The HC has also rightly held the Gujarat government responsible for their inaction and negligence to prevent the 2002 riots.
This judgement surely comes as a relief to the victims, survivors and for those fighting for justice and for those who cherish the secular fabric and the diversity of our country and wish to
preserve it."
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