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‘Evidence on ’84 exists, go for it’ Ajay Banerjee talks to HS Phoolka lawyer for 1984 riot victims
There is a move to have a special investigation team (SIT) to probe the riot cases. How do you view it? At present, only three cases are pending in trial courts and two are pending investigation. Other than these five, all cases sent for trial to courts stand decided. Almost all murder cases, barring 12 cases, resulted in acquittals. A total of 2,733 persons were killed, but only 28 persons have been convicted of these deaths. As many as 241 FIRs have been closed by the police as untraced. No chargesheet was ever filed and no trial took place. The only way to secure conviction for some of those guilty is to reopen and reinvestigate these cases. The SIT is necessary for the investigation of these cases. Almost 30 years after the riots what kind of evidence can the SIT gather? Of the 241 FIRs that have been closed, four FIRs were reopened and reinvestigated after the report of the GT Nanavati Commission in 2005. Investigations were conducted from 2006-2009. Sufficient evidence was found in three and the chargesheet was filed in 2010. One of these cases has been decided by the trial court and five accused have been convicted. In this case, statements were recorded in court in 2011 — 27 years after the killings. The court found these statements creditworthyand convicted the accused. If strong evidence can come in 2011, why can’t it in 2014? When the other 237 cases, which are still lying closed, are reinvestigated, sufficient evidence will come out and many more culprits may go to jail. One major case is that of the involvement of Congress minister Kamal Nath, against whom unassailable eyewitnesses are available and prepared to give evidence. Many forces are trying to scuttle the SIT to save him. The argument being used that SIT would delay the process is illogical and wrong as these cases have already been closed long back. What should be the composition of the SIT? What kind of officers and from which force? The SIT should be headed by an officer of the IG or DGP-level rank from outside the Delhi Police. He must have an unimpeachable record. The SIT head should be given liberty to choose his own team so that investigation takes place in an uninfluenced and proper manner. What should be the powers of the SIT and who should monitor it? The SIT should reopen and reinvestigate the cases closed by the police. If credible evidence is found, the accused should face trial. If the SIT does not do the job properly, we can go to the High Court or Supreme Court, requesting it be monitored. In Gujarat, the Supreme Court intervened as the SIT was not being formed and not doing its job. In this case, the Delhi Government is ready to set up an SIT and the Lt Governor has already indicated so. If that is not done, we will go to the Supreme Court. Should there be a time frame for the SIT? Yes. A time limit of maximum two years. Two commissions and seven inquiry committees submitted their reports, but no action followed. How can victims feel assured of action from the SIT? Commissions and committees only gave recommendations. Actual investigation in the 1984 riots was conducted by the Delhi Police. But there are allegations of connivance and subsequent cover-up against the Delhi Police. Most cases were closed by the police without any trial. Now, the SIT will investigate these cases as an independent agency. A third commission led by Ved Marwah was asked to wind up and hand over reports to the Ranganath Misra Commission. Marwah’s handwritten notes were not handed over to Misra. Are these notes the broken link? The non-availability of these notes will not hamper the investigation. Other credible evidence is available. The GT Nanavati Commission found that there was a colossal failure in the maintenance of law and order in Delhi during the riots. It expressed dissatisfaction with the then Lt Governor PG Gavai and then Police Commissioner SC Tandon. Should the SIT probe Gavai and Tandon? The SIT will reinvestigate cases which have been closed by the police. At this stage it is difficult to say with certainty what kind of evidence, and against whom, will come before the SIT. Should the SIT probe why there was delay in calling in the Army? This cannot be within the purview of the SIT. You are the face of the legal fight for the riot victims. You have joined AAP. Will your fight for the victims continue? I started working on these cases in November 1984. It has always been my first priority and will always be. No threats, allurements or offers can distract me from pursuing the struggle for justice. The AAP leaders are also committed towards this cause. Shanti Bhushan and Prashant Bhushan have been a great help in this struggle. Arvind Kejriwal is committed to the cause. No other political party has taken a strong stand against communal violence as has AAP. This is the reason why I joined this party. If at any time I find that AAP is causing any hindrance in punishing the guilty, I will not hesitate to part ways. Gaining a political position has never been my desire. I wish to further the social cause taken up by me — such as eradication of drugs in elections and fight against corruption — by working with the party which has the same agenda.
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profile He continues to keep an exhausting schedule, radiating the positive effects of yoga in body and mind. Guruji, as he is popularly known, has helped people experience the wisdom of yoga sutras. Iyengar yoga, the style of yoga he practices, is being followed by teachers the world over. Yogacharya was born Bullur Krishnamachar Sundararaja Iyengar in Bulur district of Karnataka. His father was a schoolteacher. He suffered many ailments like malaria, typhoid and tuberculosis in childhood, but overcame them. At the age of 16, he was introduced to yoga by his guru T Krishnamcharya. At 18, he was sent to Pune to teach yoga since he knew English. In his long career, Iyengar has taught yoga to eminent personalities like Jayaprakash Narayan, J Krishnamurti, Achyut Patwardhan and many physicians and industrialists. His efforts were appreciated by Dr Rajendra Prasad, the then President of India, and Pope Paul VI. A chance meeting with violin maestro Yehudi Menuhim in 1952 was instrumental in the introduction of yoga to the West. He introduced Iyengar to many luminaries like the Queen of Belgium and made arrangements for taking him to England, and Paris, where he began teaching yoga. His first book — Light on Yoga — was published in 1966. It has since been translated into 18 languages. He has authored 14 more books on yoga. In his latest book titled Light on Life, he writes: “I literally emerged from darkness to light, from mortal sickness to health, from crude ignorance to immersion in the ocean of knowledge by one means alone, namely by zealous persistence in the art and science of yoga practice (sadhana). What holds good for me will hold good for you too. “What most people want is the same. Most people simply want good physical and mental health, understanding wisdom, and peace and freedom. Yoga, as it was understood by sages, is designed to satisfy these human needs in a comprehensive seamless whole.” He says yoga is using the body to discipline the mind and reach the soul. Its goal is perfection in present awareness. The challenge of yoga, he says, is to go beyond our limits — within reason. He has been quoted as saying: “If there is no wind in our sails, the only way is to row.” The Norwegian Nobel Committee should look more closely at the astounding work of a man who has over the course of over nine decades forged for himself and millions of others a durable peace inside — ‘that small nation of the self’.
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At an age when people barely step out of their homes, except for visits to doctors and attending family functions, Gupta monitors the programme to ensure that anyone who steps in the class is able to read and write when he leaves the jail. The club provides books, stationery and other material free of cost.
Known as Uncleji, he is a favourite with the jail authorities and inmates who are indebted to him for bringing a positive energy in the negative atmosphere and helping inmates channelise their energy in a creative manner. What gives him personal satisfaction is when inmates touch his feet and thank him for enabling them to sign registers instead of putting their thumb impressions and perform paath. A visit to the jail shows how the small initiative started by him has shaped the lives of many. Educated convicts, who are serving life imprisonment, are assisting him in the venture, so their fellow inmates can be self-dependent once they are free to leave. For women too
Amit (23), a commerce graduate who has been convicted in a murder case, is not only pursuing his Masters in Public Administration through IGNOU, but also teaching other inmates and helping them learn the basics under the programme. Similarly, Neki Nalwa, a murder accused, has been assisting women inmates. Gupta says he started the programme with the sole idea of helping inmates who would want to start afresh once they leave prison. He is glad the effort is bearing fruit. “When I retired, I decided that I wanted to contribute for the betterment of society. I realised there were many individuals and organisations who were working for the common man, but no one was ready to take any initiative for jail inmates. Some are habitual offenders, but not all are hardcore criminals. Therefore, I took up the cause of teaching jail inmates. “Earlier, we used to hold the programme only for men, but now we have started conducting it for women too. We are getting a good response. More than 35 women are enrolled with us. Most of them are serving a term in dowry and NDPS cases and have shown good results in a short period,” he says. Manju, who is lodged in the jail along with her two sons in a rape case, says before she came to the jail six months ago, she could not even identify numbers and alphabet. But now she has learnt to read and write Punjabi and Hindi alphabet. “I had never thought I would have to spend a part of my life in jail. Destiny brought me here. These classes provide solace from all the negativity around. My parents never sent me to school. Thanks to the programme, I have finally got an opportunity to educate myself,” she says. Chander Bhan, a Bhiwani resident serving sentence under the NDPS Act, says he enrolled in the classes over a year ago and is glad that now he can easily read newspapers to keep himself updated. Expressing delight at being a part of the programme, Harnek Singh from Ropar, who enrolled for these classes over two years ago, says his biggest achievement has been that he is now able to read the “bani of Gurus” which he was unable to do as he was not educated. On board
Appreciating the programme, Additional Superintendent of Patiala Central Jail Rajan Kapur says the inmates are keen to gain knowledge and the Rotary Club and Gupta have encouraged the inmates to take a step towards self-reliance through knowledge. “We have over 100 inmates who are currently learning the basics and over 90 are pursuing higher studies through IGNOU. Some are even pursuing PhD and master’s degrees. Jail Superintendent Bhupinder Singh Virk says seeing the enthusiasm of the inmates they have got in touch with the Punjab School Education Board. “From this session, our inmates will be able to take class X exams. It is a major step in their transformation. We are indebted to Guptaji for taking so much pain,” he adds.
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Trashing opinion polls Being critical of Indian bowlers On the importance of education
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Harinder
THIS year only two personalities — Yogacharya BKS Iyengar (95) and noted scientist RA Mashelkar — have been awarded Padma Vibhushan. Iyengar, who was once named by Time magazine as one of the 100 most influential persons in the world, has been instrumental in popularising yoga through yoga schools in 72 countries. 
A
visit to a jail is something everyone dreads, unless it can’t be helped. But 86-year-old OP Gupta, a retired administrative officer from Thapar University, Patiala, has taken upon himself to educate hardcore criminals and other inmates and undertrials lodged in Patiala Central Jail. Gupta, former president of the Rotary Club (Midtown), Patiala, and project chairman of the adult education programme being run by the club, has been successfully running literacy programmes in the jail for the past 15 years. 
Manipulated surveys are being used to mould public opinion in the BJP’s favour. These are erroneous and lack credibility as only a miniscule section of voters is covered. It will not cut ice with the electorate.
When it comes to talent, we definitely have bowlers who can bowl well. But at the same time they will have to start using their brains more and improvise in terms of what needs to be done.
I realise that education and basic grounding are important. It’s nice to know about things in life, and to read. Earlier, I wouldn’t even pick up a book. I’ve started reading more now.