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This is an archive article published on February 11, 2010

’02 riots: HC orders further probe in Panchmahals case

The Gujarat High Court has ordered further probe in a 2002 riot case from Kalol village in Panchmahals district.

The Gujarat High Court has ordered further probe in a 2002 riot case from Kalol village in Panchmahals district. An FIR was lodged with the Kalol police station for several alleged instances of rioting and murder reported from the village on February 28,2002.

The HC order came in the wake of a revision application filed by five individuals and the state government challenging the order of the Godhra Sessions Court. The Sessions Court had rejected an application seeking further investigation in the case.

The five petitioners have been identified as Abdussattar Tasiya,Siddiq Tasiya,Sikandar Tasiya,Sabbir Luhar and Isahak Tasiya.

According to the details of the case,several alleged incidents of rioting had taken place in and around Kalol village on February 28,2002. But the police registered one FIR for all of them. Initially,the police did not include the provision of murder in the FIR until Abdussattar Tasiya appeared before them and mentioned two alleged murders. One of the victims was Tasiya’s son.

Subsequently,the police carried out an investigation and submitted a chargesheet with the concerned court. But the individual petitioners and the state government moved separate applications before the concerned Sessions Court—which was holding the trial of the case— seeking further probe of certain aspects of the case.

In their application,the petitioners alleged that investigation was not carried out in a satisfactory manner. They added that though names of several accused were disclosed to the Investigating Officer,they were not prosecuted.

The Godhra Sessions Court rejected the application,after which the petitioners and the state government challenged it in the High Court.

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Allowing further probe in the case,Justice Akil Kureshi ordered that an officer not below the rank of Deputy Superintendent of Police (DySP) will probe the case and submit a supplementary chargesheet preferably within four months. The HC also stayed the trial of the case till then.

Justice Kureshi,however,turned down the prayer of handing over the investigation to the Supreme Court-appointed Special Investigation Team (SIT).

2 BJP leaders named as accused in Deepda darwaza riot case

A BJP MLA and a taluka panchayat member were named as accused in the Mehsana special court in a 2002 riot case. Prahlad Gosa,the then BJP MLA from Visnagar,and Dayabhai Patel,the then party’s Visnagar taluka panchayat member,were named and identified by about five witnesses. On the basis of the evidence,the court ordered to include both as the accused persons in the case. The victims in the Deepda Darwaza case had filed an application in the Mehsana special court to include the two BJP leaders as accused. At least two eyewitnesses had named Gosa and Patel for inciting the mob to burn houses during the communal violence. Ayaz Memon,the advocate for the victims,said,”Taking into the statements made by the witnesses,the court today ordered to make both the BJP leaders as accused.”Mohammed Hanif Dalubhai,one of the eyewitnesses in the case,had said that the two had incited a mob. According to the eyewitnesses,both were present when the mob started torching one of the houses. The duo encouraged the mob to go ahead and torch the entire mohalla (society) and not just one house. The witnesses further added that both were present when some of the victims’ relatives later in the evening had gone to the police station to register the complaint. The witnesses had earlier said that both had asked the police to register complaints regarding rioting only and not for murder.

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