Monday, September 12, 2011

India's Apex Court Leaves Gujarat Riot Case to Trial Court


NEW DELHI – India's Supreme Court on Monday extricated itself from one of the country's most controversial cases, leaving it to a lower court to determine whether the chief minister of Gujarat, Narendra Modi, did enough to stop a wave of communal violence that swept his state in 2002.
The court has been investigating what role Mr. Modi played during deadly riots that broke out in February 2002 after a mob torched a train carrying Hindu pilgrims. The resulting spiral of violence left more than 1,000 people dead, mostly Muslims. The apex court's review has been based on a complaint by Zakia Jafri, whose husband, a former Congress Party lawmaker, was among those killed when rioters attacked a residential complex in the city of Ahmedabad.

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Manpreet Romana/Agence France-Presse/Getty Images
Gujarat Chief Minister Narendra Modi at a conference in New Delhi, Nov. 23, 2010.











The Gujarat riots have cast a shadow over the political career of Mr. Modi, a leading member of the Hindu nationalist Bharatiya Janata Party. Though he has been re-elected twice and has won plaudits for the state's rapid growth and industrial development, allegations that Mr. Modi looked the other way as a massacre ensued in his state have stunted his ability to pursue national office, according to political analysts.
Mr. Modi has repeatedly denied wrongdoing. Jay Narayan Vyas, a spokesman for the Gujarat government said there was "no evidence against Mr. Modi of criminal conspiracy" in the riots.
The Supreme Court in India has great powers to monitor and influence investigations, so its intervention in the Gujarat case was closely watched. In 2008, the court set up a special investigative team headed by the former head of the Central Bureau of Investigation to probe what Mr. Modi was doing and telling subordinates as the riots were unfolding.
After examining the report submitted by that team and another separate report submitted by a senior lawyer – neither of which were made public – the Supreme Court issued its order on Monday. The court didn't state any conclusion about Mr. Modi's role in the riots; instead it directed a trial court in Ahmedabad to proceed with the case.
The petitioner, Ms. Jafri, said she was disappointed with the court's order. "The real culprits, who were behind the riots, are still roaming free," she told reporters. "I have got no justice from the Supreme Court. What can I expect from the trial court?"
Backers of Mr. Modi interpreted the order as a major victory. Senior BJP leader Arun Jaitley said, "We stand vindicated. There is no evidence against Narendra Modi. The due process of law has to be followed."
Balbir Punj, BJP leader in Gujarat said, "Once Mr. Modi's name is cleared by the highest level of the judiciary, he will assume a much larger role at the national level."
But Rashid Alvi, a spokesman for the rival Congress Party, which heads the coalition that controls the central government, said the Supreme Court's order had "in no way given a clean chit" to Mr. Modi. "It will be difficult to wipe off the blot on Narendra Modi," he said. "He was unable to the curb communal violence in Gujarat."
Social activist Teesta Setalvad, who has been helping riot victims pursue legal cases, said the order was "of due process and a step forward".
Ms. Setalvad said she will "re-double efforts" in the trial court. "We have full faith in the judicial system. We hope for the best."

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