Two good news from battlefield Thangadh

Suresh Gogia surrounded by cops after massacre

One

The real hero of Than, Suresh Gogia, will be free on bail. Justice Sonia Gokani has granted his bail 22 February, 2013. It is said that, when the bodyguard of Mr. Kotad (DySP, Limbadi), was firing from his AK-47 and killing innocent dalit youths, Suresh Gogia rushed to save them. But, he was beaten, tortured and arrested. I have written about him on November 10, 2012 in my Hindi blog दलित अधिकार the article “गोगीया - थानगढ का असली हीरो, जो अभी भी जेल में है” Gogia’s father Mr. Valjibhai is digging pits for BSNL at Rajkot. At the age of 61, everyday he travels 40 km from Than to Rajkot to maintain Gogia’s three children and wife. We filed Gogia's bail application through senior advocate and human rights activist Dr. Mukul Sinha.

Two

After four months Killer cop Jadeja and other two accused in Thangadh dalit massacre case were arrested on February 23 2013. In December 2012, We convinced Amarsibhai, father of victim, to file writ petition through Dr. Mukul Sinha in Gujarat High Court and demanded immediate arrest of the accused. Dalits of Thangadh are very happy on hearing this news.

The legal battle starts

We promised Thangadh victims on 2 October, 2012 that we take legal action against the murderous police. We have taken one step in this direction. Today Hon’ble Judge Thaker ordered to issue notices to DG and chief secretary of state and asked them to file affidavit in Thangadh Dalit killings. Amarsi Lakhabhai Sumara, father of Prakash, moved High Court on non-arrest of accused police cops. Our advocates are Dr. Mukul sinha and Mr. Iyer.

SYNOPSIS AND LIST OF EVENTS

The present petition is directed against total inaction on the part of the police authority in arresting the accused Shri K.P. Jadeja, PSI and other accused despite order for issuance of warrant u/s 70 of Cr.P.C. passed by the Judicial Magistrate First Class, Chotila on 6-11-2012. In respectful submission of the petitioner, the police officers are trying to shield the accused who happens to be the Police Sub Inspector who killed the petitioner’s son in cold blood.

22-9-2012        petitioner’s son was shot dead by police.

26-9-2012        FIR No. 71/2012 was registered by Thangadh Police Station.

15-10-2012 Application for issuance of warrant was submitted by I.O.

06-11-2012 Order for issuance of warrant was passed by JMFC.

08-11-2012 Anticipatory bail application of accused rejected by Sessions Court.

Since no attempt is made by the police to arrest the accused policemen, the petitioner has approached this Hon’ble Court for appropriate orders.

Prayer

(A)Directing the investigation of the offense registered by Thangadh Police Station under CR No. 71 (Annexure-C) dated 26-9-2012 and others to be transferred to CBI and all further steps be taken by CBI.

(B)Alternatively, the Hon’ble Court be pleased to constitute a Special Investigation Team (SIT) in which one member should the police officer should be appointed with consent of the petitioner.

(C)Pending admission and final disposal of this petition, the Hon’ble Court be pleased to direct the police to forthwith file application u/s 82 and 83 of Cr.P.C. and proceed with attachment of property of all the accused policemen and also take steps for arresting them and producing them before the court of justice.

(D)Any other relief deemed fit to meet the ends of justice may kindly be granted.

Atrocious Ignorance of a Chief Minister

Three innocent Dalit youths, including two minor, were killed by police in Thangadh where police denied lodging a simple complaint against upper castes people who had beaten Dalits over a minor scuffle. Had the police lodged the complaint, the tragedy would have been averted. In Gujarat chief minister is directly responsible for the non-implementation of the Atrocity Act.

Under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is the duty of District Superintendent of Police (DSP) to appoint an officer not below the rank of DySP as an investigating officer for the offenses registered under the same act.

On 16 April, 2004, a question was asked to chief minister Modi in Gujarat legislative assembly: “Honorable chief minister [Home] may oblige us to tell, is it true that the DSP is responsible for the appointment of an officer not below the rank of DySP as investigating officer in the offenses under atrocities act? The answer of our chief minister was shocking. He said: “No, but there is a provision under rule 7 (1) of SC/ST act, 1995 to appoint officers not above the rank of DySP to inquire into all cases booked under atrocities act. It is not the responsibility of DSP.”

“The officer not above the rank of DySP” means he may be a PSI or PI and in most of the atrocities cases courts acquit the accused because the investigation officer is either PSI or PI. Over 150 such judgments collected by the Council for Social Justice revealed that in 95% of the cases, the accused have been acquitted because of negligence on part of the authorities. In number of these cases, while the accused has been convicted under IPC section for murder and attempt to murder, has gone scot-free on the atrocity charge.

In one judgment, an honorable judge even went on to say that, “the government of Gujarat has in the year 1999 passed a resolution amending the Atrocities Act 1989, whereby the investigation can be undertaken even by a police officer not below the rank of P.I.” The Atrocities Act was enacted by parliament of India. No state government can pass any resolution to amend the act. When the chief minister and a judge both possess utter ignorance about an important act, what can we expect from an ordinary constable or clerk of this machinery?

Guns meant for terroists used against Dalits

carbine gun

In Thangadh three Dalits (including two minor) were killed by .303 (point three not three) and automatic carbine rifles. This was mentioned in the FIRs filed by police against the Dalits. How fatal these rifles are! The moment you know about it, you would not last to talk about it!  .303 rifles have been used since decades.

In 1956 during MahaGujarat agitation (for separate Gujarat from erstwhile Bombay state) when .303 killed one Vinod Kinariwala, Morarji Desai said, “cartridges don’t have addresses of victims." Chiman Patel’s government killed more than 100 youths in famous Navnirman movement of 1975. The police used to shot the youths in the chests. Now, .303 have become obsolete against the terrorists as it is heavy having weight of 4.3 kg and it fires only 20 rounds in a minute. Kasab and his friends visited Mumbai with automatic rifles and within hours left 166 Indians floundered in blood pools. After Mumabi terrorist attack Indian Government decided to give 2000 automatic rifles to states having border with Pakistan. (see article of Dilip Patel in Times Mirror, 3 December, 2008).

Gujarat police were given these rifles and in Thangadh on 23 September, 2012, police used this carbine gun to kill Dalit boys. Carbine Gun is light weight (only 3.2 kg) and fires 650 rounds in a minute. Police used this gun in Thangadh without using water canon, lathicharge and tear gas. Now, it time Dalits defeat their docile, useless representatives who have become pet dogs of Modi in coming assembly elections.