Gulbarg Case: So Many Life Terms Is Exemplary, Says RK Raghavan

On Friday, 11 of the 24 convicts were awarded life imprisonment.

Zakia Jafri, wife of slain Congress MP Ehsan Jafri, showing her husband’s photo while reacting to the Gulbarg Society verdict, in Surat, June 2, 2016. (Photo: PTI/ Altered by The Quint)

Fourteen years after a mob massacred 69 people at the Gulbarg Society, a court on Friday sentenced 11 of the 24 convicts to life imprisonment. A Special Sessions Court also sentenced one person to 10 years and 12 others to seven years in jail.

RK Raghavan, former CBI Director and chairman of the SIT, constituted by the Supreme Court to probe riot cases, including the Gulbarg massacre, welcomed the judgement.

“The fact that so many have been given life imprisonment is exemplary in itself. My heart goes out to the victims... We will examine the judgement and consult lawyers to determine further course of action,” Raghavan told CNN-News18.

Earlier in June, when a special court in Ahmedabad announced its verdict in the case, convicting 24 and acquitting 36 others, The Quint spoke to Raghavan. Here are the edited excerpts:

What are your reactions to the Ahmedabad court’s verdict, convicting 24 people while acquitting 36 others in the Gulbarg Society massacre case of 28 February 2002?

Mixed reactions. Happy that 24 have been convicted. Acquittals (are) too high for my satisfaction. Anyhow, I bow down to the Judge‘s superior wisdom.

When you say the acquittals are too high for you to be satisfied, can you share, without getting into specifics, the nature of the compelling prosecution evidence that the SIT had gathered?

Overall, the witnesses cited by us were genuine victims or their associates, who were eye witnesses and had no reason to lie before the Court. When they were not believed, either because they were not articulate, or seemed to have been tutored by an overzealous NGO, one does feel let down.

Do you think that amidst the mockery of justice involving a few cases in the past, this verdict will hopefully restore people’s, especially Muslims’ faith in our criminal justice system and rule of law?

Absolutely certain this judgement will enhance the credibility of criminal justice system and the ability of independent investigating agencies to effectively probe controversial matters.

Family members wave to the Gulbarg Society massacre case convicts as they are taken away in van, after the verdict by a special SIT court in Ahmedabad on Thursday. (Photo: PTI)

When you led the SIT to Gujarat, you were said to have cried when Zakia Jafri narrated the horrific events that led to the killing of 69 innocent people at Gulbarg Society. Do you think justice has been truly served or more needs to be done in Gujarat?

Yes, I was in tears when Mrs Jafri met me for the first time and shared her grievances. I promised her full protection and fearless investigation. I think I have fulfilled the promise.

What difficulties did the SIT face while pursuing the riots cases?

Several difficulties confronted me. Chief (among them) was to get the right material to do investigation in the field. Fortunately, I got the right type (of people) who did a wonderful job. The State govt was very cooperative in providing the rest of infrastructure, including a very good building. Language did not pose a major problem because of widespread knowledge of Hindi. Luckily, good prosecutors were available. Only two prosecutors proved disloyal and unreliable.

They were weeded out in good time.

When you say ‘several difficulties confronted me’, can you elaborate more on the challenges you faced while probing the case?

I had to keep in mind the problems posed by an overzealous NGO, and the inability of some witnesses to recall coherently what they saw. Some were merely talking of what they had heard from others, and they had a tendency to embellish their accounts.

Fortunately, I had a team of untainted investigating officers who had the energy and zeal to ferret out facts through hard field work, something which needed perseverance and integrity. We had to reject many others who were offered by the State Police but did not fit the bill.

Can you name the two prosecutors who proved to be ‘disloyal’ and ‘unreliable’? Can you elaborate in what way they harmed the investigation/cases/trials ?

There were two Special PPs who will remain unnamed and who were receiving instructions from legal practitioners outside with a political orientation and prompted to act at variance with facts.

Once this was brought to my notice, I acted swiftly to weed them out. I do not want to elaborate beyond this.

A view of Gulbarg society in Ahmedabad, June 2, 2016. (Photo: PTI)

What could the Gujarat police have done at the time when the riots happened? Do you think that they failed to act or were restrained from acting swiftly to prevent a massacre that has not done India’s secular credentials any good?

It will be unfair to pass a judgement on the alleged incapacity of the Gujarat Police. I am an outsider and I came into the picture six years after the event. Whether the Gujarat Police would have done better is a hypothetical question. I won’t like to venture into such an area where my judgement could be totally wrong.

There is a lot which the State administration could learn from the 2002 riots. This includes systematic building of confidence among  the Muslim community and that the police will act fast and without fear or favour.

As a citizen with a deep concern for probity in public life, what is your reaction to the fact that Maya Kodnani served as a Minister, even as she faced murder charges, which were later upheld?

No comments, as this is beyond my charter of responsibilities.

Also read:

Godhra-Gulbarg Gambit: Pawns Face Trial While Knights Roam Free

When a Reporter Had to Pull Down His Pants in Riot-Torn Ahmedabad