Analysis of the Communal Mindset of chief minister Narendra Modi as revealed in his public utterances during and after the state sponsored carnage in 2002, especially through the speech he delivered to set of his electoral campaign on 9.9. 2002
The speech of the chief minister, Shri Narendra Modi has clearly not got ingredients of communal incitement is clearly baseless observation after even a prima facie reading of the speech. (Full text attached below). Despite CJP’s efforts to get directions from the Court that an FIR under sections of the ciminal law are registered, the Courts including the Supreme Court failed to order this.
Such speeches from a chief minister, duly elected, have the potential to adversely affect communal amity. Besides, in fact, there were several incidents after September 2002 in Gujarat despite hot denials by IAS officer Shri Murmu.
Barely had the violence been brought under control that an unrepentant state government caused the forcible closure of relief camps all over the state of Gujarat (1,68,000 persons were officially admitted to be living in such camps) . This illegal closure of the camps was conducted with the avowed objective projecting normalcy and hurriedly holding elections after sharp communal violence and polarization. The then CEC, James Lyndoh had taken strong objection to these moves by the state government and ordered many rectification measures and rejected the state government’s demand for holding early elections. The CEC Report of 16.08. 2002 mentions these facts. To push the state government’s claim, the then Central government had supported the state’s move and after a Presidential Reference approached the Supreme Court who had held the EC to be the final authority to fix the schedule of elections. Despite the pernicious impact of the content of the speech on both majority and minority communities, the chief minister, Shri Narendra Modi has continued to make speeches in a similar communal vein even in Mumbai and other locations.
In the four affidavits filed by ADGP Intelligence Shri Sreekumar before the Nanavati-Shah Commission contain the Four SIB Reports dated 24.04.2002, 15.6.2002, 20.08.2002 and thereafter 28.08.2002 clearly portray the connivance of the state government, the ruling party and fraternal organizations and the subsequent subversion of the Criminal Justice System against the Minority, a state of affairs that continues until today.
The Sequence of Events and Documents of the Gujarat State Intelligence Bureau annexed below
Sequence From Internal Documents:
A. A Fax Message Recd from National Commission of Minorities (NCM) to State Government addressed to the Chief Secretary, Gujarat asking for information regarding the Becharaji Speech of the Chief Minister. The communication dated sent by fax dated 10.09.2002 states, “It is learned that inflammatory speeches were made against the minority communities during the Gaurav Yatra as per the reports in various newspapers today. I am directed to request you to kindly send the full text of the said speeches reported in the newspapers dated 10.9.2002.”
B. The copy of the above was sent on the same date to ADGP Intelligence from the Home Department and the DGP, Gujarat for necessary action directing, “Please give report of above said speeches as reported in the newspapers gated 10.9.2002.”
C. Simultaneously, the State Control Room informed the ADGP, Shri RB Sreekumar telephonically of the fax message by the Chief Secretary. The ADGP verbally instructed Shri Prabhat Patel, Dy. Commissioner,
Addl. Director General of Police. (Int.) Gujarat State, Gandhinagar to do the needful.
D. Thereupon Shri Patel has sent the letter annexed hereto with other abovementioned documents (zerox copies) in translation dated 12.9.2002. The relevant paragraph regarding SIB’s(State Intelligence Bureau’s) assessment on the contents of the CM’s speech is the Para 13 reads “ On the whole the speeches of the CM during the Gaurav Yatra evoked good response. But, the thrust and style of the speeches made by the Chief Minister at Behucharaji at Mehsana district and Chanasma, Patan district had wounded the feelings of the minority community and because of that there was a possibility of worsening of prevailing communal situation in the state”.
E. Despite these adverse reports from the SIB, the then DGP Chakravarthi, on 12.9.2002 telephoned and instructed ADGP Sreekumar that Additional Chief Secretary Home Shri Ashok Narayan, did not want SIB to send the report on the speeches delivered by the Chief Minister at Becaharaji. The DGP Chakravarthi has subsequently given written instructions to this effect on this also that can be observed from the hard copy notations in his handwriting on the relevant documents produced by CJP in Court. These notations have been made on the top portion of the zerox copy of the NCM’s fax dated 10.09.2002.
F. Thereafter on 16.09.02 Shri Himanshu Bhatt has sentthe verbatim translation of the CM’s speech in Gujarati with the video copy to Additional Chief Secretary, Ashok Narayan with a copy to the then DGP of Gujarat, Shri Chakravarthi.
G. The entire sequence of events have been contemporaneously documented by an officer not less in rank than the ADGP, Gujarat, Shri RB Sreekumar in his Register that we annexe hereto Annexure G . The relevant entries to be note are entries 10, 11, 12 and 13. Register entry appended with the Third Affidavit before the Nanavati-Shah Commission of RBS (dtd 9.4.2002). To quote from the entry : “Thereupon, I talked to Shri Prabhat Patel, Dy.Commissioner of Intelligence (Communal) to move the concerned officers in Mehsana and get the audio or video cassettes containing this inflammatory speeches of the Chief Minister against Minorities.
“ 10. 9. 2002.
Later, it is known from my personal sources that the Chief Minister, in his speech, as part of Rathyatra in Becharaji, a temple town / village in MEHSANA district has made many derogatory references to the Minorities (Muslims). The major condemnable part of the speech with derogatory references are (1) that his Govt. (Modi) Government has brought Narmada water to the dry river bed of Sabarmati in Shravan month, the holy month of Hindus, but the Congress Party is unhappy about it. The Chief Minister sarcastically communicated as to whether he should have brought Narmada river water in the month of RAMADAN (Holy month of Muslim), (2) that he is averse to running relief camps, which in his view has become ”children producing factories”. He further commended that certain people produce children in plenty and then children will work for repairing cycle viz. cycle puncture repairs, (3) that his Government is going to implement family planning programme vigorously. This will teach the lesson to people, who are keeping as their motto Han Paanch hamaare Pachis (Hum Panch hamare Pachis)(This refers to Muslims because a Muslim as per Shariat law can keep 4 (four) wives). The Hindu chauvinistic audience applauded such remarks. It is learnt that such crowds are specially commandeered to the meeting place by Sangh Parivar activities. The above impression was is conformity with the Newspaper report appeared in Newspapers.
A fax message from National Commission for Minorities with endorsement from State Control Room was received with the endorsement that “Please give above said speeches as reported in the Newspapers dated: 10/9/2002”.
This fax message also contained endorsements thus “issued and by order of Shri P.S.Shah Addl.Secretary (L/O).
In the evening DGP Shri K.Chakravarti telephoned and instructed that the Addl.Chief Secretary (Home) now did not want CID (IB) to send report on speeches delivered by the Chief Minister at Becharaji (Mehsana district). DGP said that he would be sending written instruction in this matter.
“In the mean while Shri Prabhat Patel, DCI (C) informed that IB (State) officers are still trying for gathering the details of speech made by Shri Modi the CM and if possible the audio or video tapes also.
Shri Prabhat Patel informed that the audiotape containing the speech made by the CM at Becharaji (Mehsana district) containing anti– Muslims utterance was procured by SIB officers. I asked him to keep it in safe custody. I asked him to prepare a verbatim of the speech and report to ACS and DGP, as usual.
Shri Prabhat Patel told me that the same can be done by Shri Himanshu Bhatt, as it is his subject.
Thereafter, I asked Shri Himanshu Bhatt DCI (P) to send the verbatim report of the tape along with the tape to DGP and ACS. “15/09/2002
I was at home at 11.30 HRS DGP Shri Chakravarthi rang up (by phone) and in agitated mood told me that STAR NEWS election channel has been showing from this morning in the news that State IB had reported about the controversial speech of the CM at Becharaji and also added that we (SIB) had observed in the said report that the communally inciting reference made by the CM in the speech would adversely affect the prevailing fragile communal situation, widen the communal divide, between Hindus and Muslims, give fillip to the Islamic fundamentalist elements, etc. The Star news had also mentioned the letter No. and date of our report.
“DGP added that the Chief Secretary Shri G.Subba Rao, IAS, asked DGP to issue a denial statement. DGP inquired as towhether it could be done. I replied that no denial should be issued because State IB did dispatch such a report about the controversial speech made by the CM on 12/09/2002. I also told DGP that there are specific provisions in Police Manual directing all police officers to take a serious note of any speech or utterances having potentiality to incite communal passions, fuel hatred between segments of society, etc.
“DGP added that the CM, CS, etc. are highly annoyed about the leakage of the SIB report and tape. He asked as to who would be responsible for the same. I replied that I had taken all precautions in this connection and I did not contact any outsider in this matter, etc. I also added that I am not suspecting any of the staff or officers of my department in this lapse.
“I added that it was the onerous duty of the State IB as per the charter of SIB given in Police Manual (Rule 461, probably) to report on all development in the communal front and since the CM’s speech is in a very bad taste we had promptly reported the matter to the higher formations.
“DGP closed his talk telephonically by telling me that further action in this matter would be decided on 16/9/2002, Monday. ”
CJP pointed out to the Supreme Court that that these contemporaneous notings are relevant and crucial. Though there were persistent efforts by the State of Gujarat to conceal documents and obfuscate the grievous happenings of 2002. The speeches of the chief minister were nothing short of crude attempts to rub salt on the wounds of a battered minority and worse still garner votes through an appeal to religion. Both are offences in Constitutional and Criminal Law. affidavit of Shri G. Ganeshan, Under Secretary to the Government of India, Respondent 1, dated 30.8.2006. Stating that the Government of India is only a proforma party in this matter, , that Law and Order is a State Subject under the VIIth Schedule of the Constitution, Shri Ganesh refers to a series of Advisories sent by the Ministry of Home Affairs on the issue of hate speech and hate writing. The petitioners pray that these Advisories are placed on the records of this Hon’ble Court.
0. Unfortunately, despite several advisories issued on the issue of hate speech and writing by the Union Home Ministry the stand of the Central Government was ambivalent. While making a reference to several Circulars and Missives issued to the States on the sensitive subject of Hate Speech, these were not been placed on record. It would be useful for the purpose of this matter and in the public interest to have these on the record of the present case.
Finally the crux of the matter is simple. Can such speeches after being challenged by citizens in a Court escape the scrutiny of the apex court? The CM of any state occupies a Constitutional post, and once elected represents the entire citizenry, not a section of the people based on religion or caste. If such a political and electoral approach and mindset as revealed in this speech are allowed uncontested and non-censured by the Court and not dealt with by Judicial Scrutiny, this will weaken the faith of the ordinary Indian in our Constitutional Mandate. Strict words and punitive action for the high and powerful if they breach the delicate balance between free speech and elementary decency need to be affirmed.
Verbatim of Public Speech delivered by the Chief Minister, Shri Narendra Modi, at Bahucharaji (Mehsana district of Gujarat State) on 9.9.2002, as part of Gaurav Yatra.
The procession of prestige (Gaurav Yatra) has now reached the holy land of Bahucharaji, from Fagwel, by blowing the bugle of self-respect of Gujarat. This is the holy place of power (Shakti), the power for extermination of Ashuras. We have resolved to destroy and stamp out all forces of evil, who are a threat to the self respect of Gujarat. A set of people, who are not concerned about ordinary Gujarati citizens, are keen to impede progress of Gujarat State and its future, are out to defame Gujarat State. In this holy land of Bahucharaji, let the 5 Crores Gujaratis acquire such power and energy, which will build tomorrow’s prosperous Gujarat. There is allegation against us that we are Hinduwadis. Oh! brothers, for the development of Bahucharaji Devi temple, our Govt. has allotted 8 Crore Rupees. Is it a crime done by us? Have we become communal by allotting 8 Crore Rupees for the development of Bahucharaji. Our Congress friends have come out with another charge. They say, this Narendrabhai has brought Narmada water to Sabarmati river and this man is so much clever that he brought the water in the month of Shravan (a holy month for Hindus). My dear brothers, we built the dam and so water is available. Let me ask a question to my Congress friends, if water is brought during Shravan month, those mothers / ladies residing on the banks of Sabarmati river can take bath in Narnada water and feel holiness and blessedness. Then what is paining them? Since, we (means BJP) are here, we brought water in Sabarmati during the month of Shravan, when you are there, you can bring it in the month of Ramdan (the holy month of Muslims). When, we brought water in the month of Shravan, you feel bad. When we spend money for the development of Bahucharaji also, you feel bad. What brother, should we run relief camps? (referring to relief camps for riot affected Muslims). Should I start children producing centers there, i.e relief camps? We want to achieve progress by pursuing the policy of family planning with determination. We are 5 and our 25 !!! (Ame panch, Amara panch, referring the Muslim polygamy). On whose name such a development is pursued? Cant Gujarat implement family planning? Whose inhibitions are coming in our way? Which religious sect is coming in the way? Why money is not reaching to the poor? If some people go on producing children, the children will do cycle puncture repair only?
If we want to develop Gujarat, every child born in Gujarat should get education, enlightenment, livelihood and the economic order should be built up accordingly. For this purpose, there is a need for teaching a lesson to those people, who are expanding their population (Hinting at Muslims). If we object to the explosion of population, they feel bad. Can somebody tell me, is there any Nation like ours? Is China ruled by BJP? Still China had enacted a law to curb population explosion. Here some people say no no, Are we religious fundamentalists. Brothers, in this matter, how religion is involved? In Gujarat, Madrasas are coming up in large numbers. The children have right to get primary education. But, Madrassa going child is deprived of primary education. What will such a child do, when he grows up? Suppose, normal education is not available and only religious education is available, will it not be a burden on Gujarat. We are scrutinizing Madrassas from Kachchh (district) onwards. Now these people may say that we are communalists. If West Bengal Govt. put restrictions on Madrassas, it is secular, but when it is done in Gujarat, how do we become communal? Any institution needs regulation. If we want peace in Gujarat, we have to make long term plans. We cannot permit merchants of murder freely operate in Gujarat. I am sitting in the holy place of Shakti (energy), in the lotus feet of Bahucharaji Mata. I want to assure you that I may lose the chair tomorrow or today. But, I will not allow those plotting to destroy Gujarat and harm the innocent, to carry out their plans. Gujarat wants happiness, Gujarat wants peace, 5 Crores Gujaratis are united and progressing. The days of somebody like Daud Ibrahim sitting in Karanchi and playing games of murder and destruction are over. We would not permit it. For what purpose all this is done. My chair may go today or tomorrow. We are not sticking to the chair with fevikol. Brothers, we are sitting at the feet of the Gujaratis. If the people feel that this person (referring to himself) will work, then they will put him as their head. And if the people don’t feel, then they will kick us out. Brothers, we are a set of people, who are always at your service. The Congress is afraid of going to the people; they do not want the election. Oh brothers, if you do not want the election because you are going to be defeated and so you want to delay the holding of election? Smt. Indira Gandhi was afraid of going to the election. Therefore, she extended the tenure of the Parliament to 6 years. Why don’t you do the same thing? But you are afraid of doing that. What do you talk? There are disturbances in Gujarat. The people of Gujarat indulge in riots. If you don’t want face election you have no right to abuse 5 Crores Gujaratis. This is not acceptable to us. If you have courage, brothers, why don’t you bare your chests and face us in the battle field of election? Why do you run away? If one has to run away, we have to do it. There is propaganda is against me through out the World. It is done by you (Congress men). We are willing to go to the people and you are running away from the people. Why don’t you go to Italy?, Go, and offer aarti (offering by holy flame) to the Election Commission. You are shouting, stop elections, stop elections, Oh mother ! stop elections, Oh Congress friends ! We have taken the dust from the feet of 5 Crores Gujarati on our head. We are one with them and we are proud of telling that. We are not cheats. If you go to collect the dust from the feet of the people of Gujarat they will kick you. We have no selfishness. This daughter of Italy (Sonia Gandhi) had given us open certificate that we had insulted the land of Mahatma Gandhi and Sardar Patel. We have to demand your answer in this matter. How much did you insult Sardar Patel? The Nehru dynasty of Congress people, develop fever hearing the name of Sardar Patel. You may feel sad, Sanjay Gandhi was no great man other than being the husband of Menka Gandhi. But, there is samadhi of Sanjay Gandhi at Rajgadh. Oh my Brothers and Sisters of Gujarat ! Sardar Patel does not have a samadhi (in Delhi). We feel very sad about it. You Congress people, you are toiling for effacing out the name and image of Sardar Patel, but I warn you, Beware, if you try to wipe out the fame and name of Sardar, we are here to sacrifice our lives for keeping the flag of Sardar at high pedestal. We believe that, if we have to do good of the Nation, we have to adopt the path of Sardar Patel. If you want to save Kashmir, you have to walk in the path of Sardar Patel. If you want to bring unity in Gujarat, you have to adopt the path of Sardar Patel. If you want to contain and check the merchants of murder, we have to follow the path of Sardar Patel. Our motto is to pursue the path of Sardar. There are people, bent upon destroying Gujarat. We have come out for awakening the self-respect of Gujarat. If we raise the self-respect and morale of 5 Crores Gujratis, the schemes of Alis, Malis and Jamalis (referring to Muslims) will not be successful to do any harm to us. These 5 Crores Gujaratis will decide about their future. The buffoons of Delhi will not decide the future of Gujarat. In Delhi, there is a crowd of Ex. Prime Ministers, who are sitting idle. In the evening, these Ex.Prime Ministers meet. They issued Fatva (royal proclamation) that in Gujarat the Rathyatra of Jagannathji should not be taken out. We asserted that it will be taken out. In Gujarat, if the Rathyatra of Jagannathji is not taken out, whose Rathyatra should come out ? People sitting in Culcutta (referring to the communists), do not want the Rathyatra to come out. It will be better to go out of the Govt. instead of not taking out Jagannath Rathyatra. I don’t care if I loose political power and authority. We have decided that Jagannath Rathyatra will be taken out. Then, the whole crowd of Congress people rushed to Delhi, to Madam (Sonia Gandhi), appealing, Madam save us, this Narendra Modi is a mad man, and we cannot compete with him. Save us, solve the problem of Narendra Modi. Madam said, what happened? Stop Jagannath Rathyatra, if the Rathyatra of Jagannathji is taken out Gujarat will burn. Muslims will be massacred, there will be wide spread hue and cry, stop the Rathyatra of Jagannathji, stop the Rathyatra of Jagannathji, stop the Rathyatra of Jagannathji. When Congress men told this thing to Madam, finally she asked, brothers, tell me this Jagannathji is belonging to which political party? Is this Jagannath Rathyatra like Advani’s Rathyatra ? (The Congress men replied) Oh Madam, this Jagannath is not worker of any Party. Jagannath is God (Bhagwan). Does Bhagwan Jagannath belong to any Party? See, such (ignorant) people are set our for serving the Nation !!! Mahatma Gandhi used to say “Drive away these white men”, “Oh white men, quit our Country”. But, what did Congress do? Oh white people, please come, be our Congress President, Oh white people, please come, be our Congress President. Congress is like a Dharmashala. They (Congress men) are set out for destroying Gujarat. Therefore, there is a need for awakening the self-respect of Gujarat. In this holy place of Mother Goddess, let us pray God, to bestow us fresh energy, let there be new ideas. By serving the Mother India, let us make Gujarat also proud. We should enhance and brighten the image and identity of Gujarat. Hail Mother India, Hail Mother India (Bharat Mata Ki Jay), Vande Matram, Vande Matram, Vande Matram (Salutation to the Mother).
As can be deduced from perusing the above there is a clear cut design behind the deliverance of such a speech by the chief minister, who swears an oath of allegiance to the Indian Constitution. For example:
--- We have resolved to destroy and stamp out all forces of evil, who are a threat to the self respect of Gujarat. (Comment- This is clearly an indirect justification of a policy of carnage against the minorities after the tragic Godhra incident).
---- Let me ask a question to my Congress friends, if water is brought during Shravan month, those mothers / ladies residing on the banks of Sabarmati river can take bath in Narnada water and feel holiness and blessedness. Then what is paining them? Since, we (means BJP) are here, we brought water in Sabarmati during the month of Shravan, when you are there, you can bring it in the month of Ramdan (the holy month of Muslims). ( Comment- The Holy Month of Ramzan and observance of Roza are one of the Five Pillars of Islam hallowed in the Holy Koran. The mens rea (motive) behind making this reference in the speech can be clearly deduced.
---- What brother, should we run relief camps? (referring to relief camps for riot affected Muslims). Should I start children producing centers there, i.e relief camps ? We want to achieve progress by pursuing the policy of family planning with determination. We are 5 and ours are 25 !!! (Ame panch, Amara panch, referring the Muslim producing five children) .
(Comment- These remarks from the highest elected representative in a state is nothing short of an attempt to ridicule the plight refugees from the minority community who were dishoused because of widespread violence that was not contained. Refugees in relief camps included victims of mass massacre, rape and arson. State complicity at the highest level has been judicially held responsible for the sustained spread of the violence. Therefore ridiculing the camps and thereafter lacing the statement with the poisoned stereotype of the alleged Muslim aversion to family planning during an election campaign clearly has a motive. This statement also projects the Muslim minority as a stumbling block to progress and patronises an ‘us versus them’ mindset among the populace that then becomes easy fodder for incitement and the outbreak of communal violence. )
On the whole the speech displays a definite communal bias, denigration of the minority community, ridiculing and belittling of the Holiest Scriptures of the minority community particularly the Five Pillars of Islam, the Holy Month of Ramzan and Observance of Roza. I say and submit that these references will certainly germinate a sense of hatred ill will and excluvism towards the Muslim minority in the minds of the majority community. The claim that nothing happened in the form of riots after the speech is irrelevant, dangerous and untenable because the sense of excluvism and sectarianism obvious in the tone and tenor of the speech not only goes against he concept of emotional integration of the Indian people but also engenders an intense feeling of alienation among the Muslims towards the Hindu community. In this perspective the speech of the chief minister is injurious to the Preamble of the Indian Constitution and Particularly Article 51-A that is the Chapter on Fundamental Duties.
“ 51-A. Fundamental duties. – It shall be the duty of every citizens of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to adjure violence
(j) to strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavour and achievement].