Amicus report lays the ground for chargesheeting Narendra Modi

By Dilip -
The report of Raju Ramachandran, the amicus curiae in the Zakia Jafri case, has laid the ground for Narendra Modi to be charge-sheeted for his alleged role in the 2002 anti-Muslim Gujarat pogrom. The report is still confidential, though it has now been shared with the Special Investigation Team set up by the Supreme Court to investigate and prosecute cases stemming from the 2002 violence in which more than 1200 persons were killed. According to informed sources in Ahmedabad.. the report strongly disagrees with the SIT's view that no case against the Gujarat Chief Minister was made out. It says that only the cross-examination of senior Gujarat police officers, including Sanjiv Bhatt — who stated that he was present when Mr. Modi instructed police officials to allow Hindus to vent their anger — could establish whether the Chief Minister was innocent or guilty.

If the trial court accepts Mr. Ramachandran's view, the sources said, the stage will have been set for the prosecution of the Chief Minister under various sections of the IPC, among them, 153 A (statements promoting enmity between communities), 153 B (imputations and assertions prejudicial to national integration) 505 (statements conducing to public mischief) and 166 (public servant disobeying a direction of the law with the intent to cause injury). Under Section 166, any public servant who disobeys a direction of the law as to how he should conduct himself as a public servant and knowing the act will cause injury is liable to be punished with imprisonment for a term extending to one year. As the chief executive in control of the administration, Mr. Modi was especially under obligation to quell the riots, the sources said.

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