On a petition seeking fresh investigation by an I-G rank officer in a case of post-Godhra rioting where the police allegedly did not arrest a BJP leader named as accused, the Gujarat High Court today issued notices to the state government, Director General of Police, SP and Collector of Sabarkantha, and three others, asking them to file their replies by October 1. The single-judge bench of C.K. Buch issued notices on a petition filed by Abdulkadar Akhuji and Rahim Manasia, residents of Jamla village, alleging that Jethabhai Patel, secretary of the BJP’s Sabarkantha district unit, was involved in loot and arson of houses, shops and buildings belonging to Muslims in their village on February 28, 2002. The petitioners, whose houses were also burnt, alleged that the investigation in the case had been perfunctory and suffered from extraneous considerations. ‘‘The entire tenor and direction of the investigation’’ was aimed at seeing that Patel — a locally influential man — was somehow saved, they further alleged. Besides being secretary of the local BJP, Patel is also chairman of Agricultural Produce Marketing Committee, Himmatnagar; director of SK District Co-operative P and S Union and director of the Taluka Kharid Vechan Sangh. He has attended more than 70 public functions in the last two years, and was a guest at the flag hoisting ceremony organised by the collectorate on August 15. According to the petition, the police filed a chargesheet against 15 persons in the fast-track court at Himmatnagar on August 26, 2002, showing Patel as an absconder but made no attempt to arrest him even though he continued living in the village and led an active public life. The petition also levelled allegations against the public prosecutor of the fast-track court, Himmatnagar. It said that even after it was pointed out that the accused was moving about freely and the police were not making any attempt to arrest him, the public prosecutor had been seeking time for no reason at every court hearing. The petition alleged that Muslim properties were attacked by a mob of people who were affiliated to the BJP, VHP and Bajrang Dal, and Jethabhai took active part in the rioting. Attacks in Jamla and other adjoining areas continued for about a week, with houses, shops and buildings belonging to Muslims ransacked, looted and burnt. Property worth Rs 17 lakh was destroyed. The petitioners said the name of the accused was disclosed by three eyewitnesses who stated that Jethabhai was part of the mob that attacked Jamla village and its adjoining areas. Petitioner Rahim Manasia also told the police in his statement that Jethabhai led the mob.
