| AAAAAAAAAAAAAAAAAAAAAAAAAAA |
V SUNDARAM
Justice U C Banerjee has given his report in which he has given his pre-chosen finding that Godhra Train Fire was just accidental and that 59 deaths were caused by toxicity and suffocation, definitely not by Muslim Terrorists. Justice Banerjee was specially chosen by that tainted Minister Lalu Prasad Yadav in September 2004 on the eve of State elections in Bihar. He was specially instructed, of course very casually and informally, by the UPA Government under the de jure Prime Minister Dr. Manmohan Singh and de facto Prime Minister Sonia Gandhi to give a report of their political choice. Lalu had politically planned to use the fact of appointment of Justice Banerjee Commission to win over the hearts of Muslims in the Bihar elections. Unfortunately, the people of Bihar gave a different, though divided, verdict which enabled Buta Singh, another toady of Sonia Gandhi, to illegally dissolve the duly elected Bihar Assembly which was later struck down by the Supreme Court as illegal and unconstitutional. When Justice Banerjee was appointed in September 2004, I had written in these columns as follows:
'What we urgently need in India today is a rebirth of satire, of dissent, of irreverence, of an uncompromising insistence that phoniness is phony and platitudes are platitudinous. Amongst all Indian politicians the esteem of religion is profitable; the principles of it are troublesome —— both 'secular' and 'saffron' included. India today is a land of impunity — Legislative Impunity, Judicial Impunity, and Executive Impunity. The Congress Party holds the National Patent for the revolutionary method and technology of unabashed impunity. I am not joking. I am amused by the solemnity displayed by the UPA government in its concern to order a CBI probe into the allegations regarding the targeting of minorities in Gujarat during the communal riots aided and abetted by the political leadership. Stripped of ethical rationalisations and philosophical pretensions, a crime is anything that a group in power chooses to prohibit or promote. Lalu Prasad Yadav who is in the run for Bharat Ratna(!) in the next year's Republic Day Honours for his outstanding services to the nation has brought his spectacularly 'secular' pressure upon the UPA government to use the sledge hammer of the Justice Banerjee Commission against Narendra Modi, popularly elected Chief Minister of Gujarat. Lalu hopes that regardless of what happens to Justice Banerjee's probe, he would at least retrieve his lost support base among the Muslims in Bihar in the State elections to be held shortly. Justice Nanavati-Shah Commission, already appointed by the Government of Gujarat, has not completed its enquiry.'
'Against this background, the proposal of the UPA government to order a parallel enquiry by Justice Banerjee to go into the communal riots in Gujarat only shows how politics in India is 'an arse upon which every one has sat excepting a Man'. The rate at which the UPA government is ordering probes clearly shows that a separate Ministry may have to be created by Dr Manmohan Singh to deal with the increasing number of politically motivated, politically guided and politically directed Commissions of Enquiry being ordered every day in keeping with the letter and spirit of Non-Saffron Coalition Adharma'.
Justice Banerjee had given his interim finding as desired by Lalu and Sonia within three months of his appointment stating that the Godhra incident was not created by any Muslim terrorist but was purely an accident. After giving this interim finding, he has no other option excepting to confirm this in his final report. Perhaps he created the means in his interim report to reach this planned end in his final report.
His findings are: 'From the evidence that I have on record, it is quite impossible that sixty litres of inflammable material could have been thrown into a coach full of kar sevaks with Trishuls who did not react at all. I not only have witnesses and material evidence but also I have tested the theory myself. I tried to throw water inside a coach from the windows. Only ten per cent goes in. The sequence of events, if the fire was caused by an inflammable liquid as per experts' opinion, is... first there would be fire, then smoke and then there would be burning smell all over. I reject the theory that the canvas in the vestibule between coaches S-6 and S-7 was cut open and 60 litres of petrol was thrown inside'.
As enlightened and concerned citizens let us for a moment forget the political prospects of Lalu, Sonia and the like on the one hand and the future career prospects of Justice Banerjee and others of his ilk on the other. 59 innocent people, 30 of them being women and children, were savagely murdered in the most horrific manner, only because they were Hindus. They killed nobody, whatever be the rightfulness or wrongfulness of their cause. They burnt nobody. They insulted nobody. And yet the whole gristly episode was turned against them by the Congress Party and the other pseudo-secular political parties. The pseudo-secular mass media at that time, instead of viewing these 59 victims of the most horrendous pre-meditated murder with traumatic concern and compassion, made them responsible for their own deaths. Why? Because they were 'fanatics' who wanted to build a temple dedicated to the most cherished of Hindu Gods, Ram, on a site which had been held sacred by Hindus for more than 5000 years.
The lone survivor of the Sabarmati Express train fire at Godhra in which 59 kar sevaks were killed on 27 February, 2002, Gayatri Panchal, a resident of Ahmedabad, has decried the U.C. Banerjee Commission report. Though she survived, she lost both her parents on that day. She has decried the U C Banerjee Commission report and has said:
'I will stick to the version that the coach was attacked by an armed crowd. The report of the Banerjee Commission is absolutely wrong. I have seen everything with my own eyes and barely escaped myself but lost both my parents. Mobs pelted stones at the coach for long and then threw in burning rags and also poured some inflammable material so that the coach was on fire. I will maintain the same wherever I am called to depose on the matter.'
The tragedy and the comedy of the whole matter is that Justice Banerjee has not chosen to examine this lone survivor of the ghastly accident and this fact by itself will invalidate his whole commission report as one-sided, biased, prejudiced, illegal and unconstitutional. All human rights have been violated by his pointed failure to examine this lone survivor. Amnesty International should take note of the casual and contemptuous attitude of this careerist judge who has completely ignored the lone survivor and come to the conclusion that the whole incident was accidental and not an act of a terrorist.
Arvind Pandya, a Gujarat government advocate, handling the Sabarmati train carnage inquiry at Nanavati Commission, has rightly termed Justice U C Banerjee report as 'oblique' and 'predecided'. He has observed: 'If the report says that the fire in the S-6 coach of the Sabarmati Express train was accidental, then why does it not explain the presence of an armed and rioting mob next to the train?' Pandya has also questioned Banerjee Commission's reasons for not taking into consideration the detailed report of the forensic laboratory of Gujarat that had pointed out that at least 60 litres of inflammable liquid had to be poured into the coach for it to catch fire in the manner that the S-6 of Sabarmati coach had caught fire on 27 February, 2002.
Justice Nanavati and Justice Shah appointed by the Government of Gujarat have examined thousands of witnesses and several thousands are still waiting to give evidence. One Bhatia has filed a Public Interest case in the Gujarat High Court on the Constitutional validity of the appointment of the Banerjee Commission and this case is still pending. The Gujarat High Court has requested that the implementation of the Banerjee Commission report should be kept in abeyance till final orders are passed in the case before it. When such is the case, Justice Banerjee has been able to give an interim finding based on non-saffron UPA coalition politics within a period of 90 days and to later confirm his own finding with a final magisterial verdict that the whole thing is a cock and bull story. To say the least, his report is snappy, short, biased, prejudiced and one-sided. In these days of instant coffee and instant 'rasam', he has given an instant report in the manner and measure called for. Having given his report as directed by the UPA Government in New Delhi, can we not imagine that he now awaits his further career prospects by way of appointment as Governor, India's High Commissioner or Ambassador, or conferment of decorations ranging from Padma Shri to Bharat Ratna, depending upon his luck, pluck and influence. With men like Buta Singh and Natwar Singh out of his way, his prospects do seem to be very bright.
To put India in order, we must first put the government in order; to put the government in order, we must first put the UPA family in order; to put the UPA family in order, we must first make the UPA lead their political lives properly for which they must first set their hearts right. I derive my inspiration, moral courage and moral authority from the beautiful words of George Orwell: 'In a time of universal deceit, telling the truth becomes a revolutionary act'.
Stern, grim and scorching truth possesses within herself a penetrating force unknown alike to error and falsehood.
e-mail the writer at vsundaram@newstodaynet.com