JUSTICE U. C. BANERTEE SHOULD BE PROSECUTED FOR HIS MISDEMEANOR FOR PLAYING ON THE CARD OF Mr. LALLU PRASAD YAVAD RAILWAY MINISTER MUSLIMS burning of a train in Godhra killed 59 people

JUSTICE U. C. BANERTEE SHOULD BE PROSECUTED FOR HIS MISDEMEANOR FOR PLAYING ON THE CARD OF Mr.  LALLU PRASAD YAVAD RAILWAY MINISTER 
Six years after the horrific burning of a train in Godhra killed 59 people and triggered Gujarat-wide communal violence, the first part of the Nanavati Commission report was tabled in the Gujarat Assembly amid high drama on Thursday.  The panel concluded that the carnage of S-6 coach of Sabarmati Express on February 27, 2002, was a premeditated crime and not an accident. The first part of 168-page report virtually gave a clean chit to Gujarat Chief Minister Narendra Modi, saying there was no evidence to incriminate him or any Gujarat Minister. "There is absolutely no evidence to show that either the Chief Minister or any of the ministers in his council or police officers had played any role in the Godhra incident," said the report. The Nanavati Commission said there was no evidence to show there was lapse in the role of the chief minister or his ministers in providing protection, relief and rehabilitation to the victims of the communal riots or in the matter of not complying with the recommendations and directions given by the National Human Rights Commission (NHRC). In its long awaited report, retired high court judges GT Nanavati and Akshay Mehta said 140 litres of petrol was purchased as part of the conspiracy to burn the bogey. It added that the conspiracy was hatched by "chief conspirator" Moulvi Umarji at the Aman Guest House in Godhra, about 140 km from Gandhinahar, and was meant to spread terror in the area. According to the report, the arson was a premeditated act and there was heavy stone throwing at the S-6 and S-7 coaches for 10 to 20 minutes followed by the burning that prevented people from coming out. It says Godhra locals Raza Kurkur and Salim Panwala had purchased the petrol a day earlier and carried them in containers. Six others — Shaukat Lalu, Imran Sheri, Rafiq, Salim Zarda, Zabeer and Siraj Bala — were also involved in setting the crowded passenger train ablaze. All are in custody under the Prevention of Terrorism Act (POTA). Doors of S-6 and S-7 bogey were forcibly opened and a person called Hassan Lalu threw burning projectiles into the bogey, according to the report. Minister of State for Home Amit Shah tabled the report on the first day of the three-day assembly session, opposition Congress legislators staged a walkout in the Assembly "Today democracy was murdered," said Leader of Opposition Shaktisinh Gohil.  "It is very unfortunate. The partial report of the panel was tabled just to give political mileage to the BJP before the national elections. The first part of the report is confined to the Godhra incident and not what happened afterwards. We have to wait for the full part," Congress general secretary in charge of party affairs in Gujarat B K Hariprasad said. Rights activist Teesta Setalvad said the sudden tabling could be contempt of the Supreme Court, which had in March appointed a Special Investigation Team (SIT) to probe various communal carnages, including Godhra, and is to present its report in December. Pointing out that the Banerjee report had been stayed by the Gujarat High Court, she said: "Why was such a restraining order not passed on the Nanavati Commission report particularly when the SIT report is expected very soon." Labelling it a "travesty of justice", lawyer Mukul Sinha of the Ahmedabad-based NGO Jan Sangharsh Manch said: "I am surprised that Modi and his men have been given clean chits. Therefore, seeing this report, it is clear that the Nanavati Commission is biased in favour of Modi." While the controversy raged, Nanavati defended his report. "Unless I was satisfied, I would not have given the report. We have no doubt about what we have written," Nanavati told a TV news channel. Asked why did he prepare his report in two parts, one on the train burning and the other on the communal riots that followed, Nanavati said: "It is for the people to draw whatever inferences they want to. We thought it was a convenient thing to do, to present it in two parts." Meanwhile, Gujarat Government spokesperson and state Health Minister Jai Narayan Vyas said, “The report has clearly gone into details, analysed all the evidences and has come to the conclusion that there was no failure of machinery as far as maintenance of law and order is concerned." "It had been conclusively established that Nanavati Commission was a commission, whereas UC Banerjee Committee was just a committee and not a commission,” he added. UC Banerjee, who had headed the Godhra probe ordered by Railways Minister Lalu Prasad, said, "I had examined witnesses and had found that no traces of petrol were found there. If there is a contradictory report, nothing cannot be said about it. My analysis was based on the witnesses’ account." "Justice Nanavati's report is the most extensive, exhaustive and scientific report on the burning of the Sabarmati Express train," BJP spokesperson Prakash Javadekar said in the national capital. The second part of the Nanavati Commission report, which deals with the facts and circumstances that led to the post-Godhra riots, is expected to be submitted before December 31, when the 12th extension given to the Commission expires. Fifty-nine people, including 25 women and 15 children, were burnt alive when a violent mob set ablaze two coaches of the Sabarmati Express at the Godhra railway station on February 27, 2002. Many of them were Vishwa Hindu Parishad (VHP) activists returning after a campaign in Ayodhya, Uttar Pradesh.  The gruesome incident led to sectarian violence that raged for weeks in which 1,169 people, a majority of them Muslims, were killed and the ripples of which are still being felt. The two-member inquiry commission had been set up by the state government in March 2002. When one of the members, Justice (retd) KG Shah, died earlier this year, Justice Mehta was appointed in his place. UC Banerjee Commission had found:

• Fire was accidental not deliberate.
• Dismissed the theory that blaze was caused by outsiders.
• Deaths caused by toxicity and suffocation.
• There was no crowd at railway station; those present were just onlookers.
• Claims that all entrances to coach were locked is a misconception.
• No intelligence information on when kar sevaks were coming.