Modi’s role in Gujarat riots needs further probe: amicus curiae

07 May 2012

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Narendra ModiThe shadow of the 2002 anti-Muslim pogrom in Gujarat continues to haunt state chief minister Narendra Modi. The amicus curiae appointed by the Supreme Court, Raju Ramachandran, to look into the riots investigation said in his report today that the role played by Modi needs to be investigated.

The Supreme Court-appointed Special Investigation Team (SIT) had earlier found that the conduct of certain police officials and public prosecutors during the riots was questionable; but had said there ws no prosecutable evidence against Modi.

However, the amicus curiae, appointed after a complaint by Zakia Jaffrey, says that offences can be made out against Modi under several sections of the Indian Penal Code (IPC).

There are a number of circumstances which prima facie indicate that a detailed investigation is required into the role of Modi immediately after the Sabarmati Express coach-burning incident at Godhra to find out if any message was conveyed by him to the state machinery to step aside and let the pogrom go ahead.

"In my opinion, the offences which can be made out against Shri Modi, at this prima facie stage, are offences inter alia under Sections 153 A (1) (a) & (b) of IPC, which means promoting enmity among different groups on grounds of religion, and 153 B (1) which refers to assertions prejudicial to national integration," Ramchandran said in his report.

"He (Modi) should also be prosecuted under IPC 166 which says a public servant disobeying the law with intent to cause injury to any person and 505 (2) meaning statements creating or promoting enmity, hatred or ill-will," the amicus curiae said.

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