Saturday, February 5, 2011

The SIT report must lead to legal consequences’

February 04, 2011,Ahmedabad

From the SIT report it is evident that the level of indictment of Narendra Modi is very high. The important part is that the indictment is not just on the level of involvement, but erasing evidence too. India specialises in outsourced jobs, but Modi has outsourced murder.



It is astonishing and frightening to know that he sent two men who ordered policemen to furbish any account of a crime as they wished it to be. Such engineering of an act of murder is synonymous with murder. The media concentrated on the fake encounters in Gujarat, whereas the riots were put on the backburner. And even though it is back in focus now, unfortunately, as the report shows, the SIT is ready to indict him but not accuse him legally. There is a thin line between what is political and what is legal. What we have done is an exorcism ritual where we accuse Modi of guilt, hoping that he will carry the burden of guilt, but he will not face the legal consequences of his crimes. This is really sad.



We will have to wait for the Supreme Court's decision on the issue, as well as the report of the amicus curiae. Based on what directions the Supreme Court may give, civil society groups must take the lead and access further information on issues that have supposedly been "not used or destroyed". That will raise the chances of Modi's indictment under charges of destruction of information and evidence, apart from the simple fact that he destroyed human lives. It is very important that Modi be legally indicted – legally shown that he is not fit for political conduct. This will take time and I know that those who have fought against Modi for the past eight years are quite tired. The media, on the other hand, should pick up the real issues rather than nitpick on Teesta Setalvad's conduct or her exercising her democratic rights.



For example, what was the issue with Setalvad approaching the UN? Isn't India a part of the UN? We might not be able to hold Modi for murder, but destruction of information should be considered a huge crime against citizens, as information is a legacy of the people, and a tool for availing justice. Modi has indeed violated and destroyed the integrity of polity. There have to be norms to handle genocide.



It is also extremely important to get to the bottom of the corporate nod for Modi. I would really like to know which corporations are in support of Modi, and at what public cost. Apart from this, it is worth noting that some IPS officials have come under fire in the report, but what about all those submissive and supportive IAS officials who got extensions, promotions or new jobs after the genocide? Since this report does not name all the officials and bureaucrats, a different kind of investigation is necessary on these matters. It is important to know the cost of silence – I'm sure it is tremendous.



For many urban liberals, this case has unfortunately become a medical report – if you cannot solve it, dispose it. That is why we see opinions like – if you have not been able to indict him in eight years, give him a clean chit and move on. It might be good for minor criminals, but minor criminals enter chief ministerial offices to become major criminals. And Modi is one. Closing investigations will not keep memories away. That is why terror becomes an alternative form of memory and not justice.



Modi is a magnified pracharak, a dream-like malevolent dictator for the elite and their idea of a modern Gujarat. This is a Gujarat that would love to do away with civilisational memories and never involve itself with ethical responsibilities. We have such a situation here. Take, for instance, the prominent academic institutions of Ahmedabad that have taken vows of silence on what happened in 2002. Unless justice acts as therapy for the memories of 2002, this society will remain tainted forever.



Lastly, I don't think another magazine in India would have carried this kind of an exposé except TEHELKA. One just needs to look at the track record of the mainstream newspapers and the way they have dealt with the subject, especially the Gujarati media.



Shiv Visvanathan is an Ahmedabad-based social scientist




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