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Sunday, October 23, 2011

AMICUS CURAE REPORT- GUJARAT RIOTS

AMICUS CURAE REPORT- GUJARAT RIOTS
              Gujarat riots: Amicus Curae report blames Modi



The Amicus Curae report in the 2002 Gujarat riots case has recommended that the case against Gujarat Chief Minister Narendra Modi cannot be closed, according to media reports. According to the reports the report of Amicus Curae Raju Ramachandran says that more cross examinations of all witnesses including suspended IPS officer Sanjeev Bhatt should be done in the case.
The media reports say that report indicates that the Chief Minister could be prosecuted under Sec 153 and 166 of the Indian Penal Code for promoting enmity among communities and failing to discharge duty as public servant. The report is still confidential, though it has now been shared with the Special Investigation Team (SIT) set up by the Supreme Court to investigate and prosecute cases stemming from the 2002 violence in which more than 1200 persons were killed.
In a major set back to Narendra Modi, amicus curiae Raju Ramachandran report could lay the ground for the Gujarat CM to be chargsheeted for his alleged role in the 2002 riots in the state, an exclusive report on Sunday's edition of The Hindu reports.The report, which has been shared with the Special Investigation Team (SIT) set up by the Supreme Court, is still confidential.The Hindu reports that according to its sources, the report by the amicus curiae strongly disagrees with the SIT's view that no case against Modi was made out.Sources tell The Hindu, that the report states only the cross-examination of senior Gujarat police officers, including IPS officer Sanjeev Bhatt, could establish whether Modi was innocent or guilty.
According to The Hindu's source, if the trial court accepts Ramachandran's report, Modi could be prosecuted under various sections of the IPC including 153 A, 153 B, 505 and 166.The source also said that the SIT had recommended closing the case against Modi, as Bhatt according to the SIT was controversial and unreliable.The SIT also concluded that there was no material on record to show interference by the two ministers who were present in the PCR when Muslims were being attacked across Ahmedabad.The Hindu added that if Ramachandran's view is rejected by the SIT, then Jafri and her co-complainant Teesta Setalvad will have the option to challenge it in the trial court. The trial court could also form its own opinion based on Ramachandran's views.

                                                              Prof. John Kurakar







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