Gujarat is not poll ready

The calculations of the Hindutva lobby (shall we call them pseudo-Hindus) is that the communal divide created by Narendra Modi’s government will translate into a BJP victory. (It is a different matter that it may turn out otherwise because of the disgust among the silent majority of the Hindus at the criminal activities of the VHP/Bajrang Dal).

What has caused further panic in the minorities is that the so-called commission to investigate into the communal carnage has not even begun on the preliminaries.

The appointment of the single-member commission was mired in controversy from the beginning. After delaying for months, another member, Justice Nanavati, has been added. But Justice Nanavati is already conducting an inquiry into the 1984 Delhi carnage and from reliable sources I learn that he will not be free from his commitment for at least another six months. Moreover, a two-member tribunal is rather unusual. Even Justice Nanavati has admitted that in case of differences between two members, separate reports will be submitted and it will be for government to accept either. This is making a mockery of the process.

The commission should normally be a single-member or three-member one so that definite findings could be available on which action can be taken. Further, would it not have been fair to include a Muslim judge on the commission? The government needs to act in a manner that is not only fair but also seen to be so.

I have the utmost respect for Justice Nanavati but in view of his inability to spare time, serious thought should be given to constituting a new commission. As even the preliminary steps have not been taken by the existing commission, the appointment of a new one would not cause any delay.

I would venture to suggest that if the central government could persuade former Chief Justice of India S.P. Bharucha to agree to be a single-member commission with a request to submit the report within three to six months, it will be a great confidence-building measure. Though a Parsi, Justice Bharucha has the advantage of being familiar with the Gujarati language. Also, being a resident of Mumbai, will be insulated from local interests.

Moreover, it will not take the commission too much time to collect evidence. This is because many NGOs including the PUCL and the Concerned Citizens Tribunal and womens’ groups have done commendable work by collecting materials incident-wise, village-wise, with readily available names and dates.

I strongly believe that the commission must give in its findings before elections are held in Gujarat. Else, it will be insulting the memory of those killed and cruel to the survivors. The Modi government which is accused by a large section of impartial observers as being responsible for murder and mayhem has so far avoided explaining its conduct by pleading that the commission has not yet given its findings and that it cannot be held accountable in its absence.

It is only if President’s Rule is imposed that Muslims in Gujarat can be persuaded to go back to their homes and workplaces. Only then can they be reassured that the overwhelming majority of the Hindus share their tragedy and want to assure them that they are equal and respected citizens of this country.

If the central government does not remove the Modi government, its purported concern for the Muslims would invite the same irony that Tolstoy expressed at the false sympathy of the tyrant landlord for the poor peasantry when he said ‘‘I sit on a moving back, choking him and making him carry me and yet assure myself and others that I am very sorry for him and wish to ease his lot by all possible means except by getting off his back.’’ The Modi government has to go if faith in rule of law and secularism is to be preserved.