India | Updated Apr 28, 2009 at 04:00am IST

Debate: Enough proof to nail Modi in 2002 riots?

The ghosts of the past have returned to haunt the Gujarat Chief Minister Narendra Modi with the Supreme Court ordering the Special Investigating Team probing the 2002 Gujarat riots cases to investigate allegations that Modi's government patronised the rioters. Along with Modi, a number of IAS and IPS officers and ministers will also be questioned in a three-month time period.

To discuss this new development in the 2002 riots case, Gujarat government spokesperson and health minister Jaynarayan Vyas and lawyer Indira Jaisingh joined CNN-IBN.

CNN-IBN: As for the first time the Supreme Court has directed an authority to probe the role of your Chief Minister (Narendra Modi) in 2002 Gujarat riots, do you see this as a setback?

Jaynarayan Vyas: This is an omnibus kind of an application like for example if there is a railway accident and someone names right from the driver, guard to the railway minister, this is the kind of the list of the accused given. So, I think the SC would like to know because the Cardinal Principle of Law is that the guilty should be punished but no one who is innocent should get any punishment. So, I think it is nothing more than screening.

CNN-IBN: Miss Jaisingh, innocent unless proven guilty; do you think there is enough evidence to take the case to the next stage. What is the Special Investigation Team (SIT) really going to work with?

Indira Jaisingh: It is a major turning point in my opinion and for the first time ever there would be an investigation in the role of the Chief Minister in the riots. I heard the minister saying that from the driver to the railway minister are all implicated but he should know that this is called as the chain of command. And therefore for the first time this chain of command would be looked into and responsibility would be laid at the doorstep of the Chief Minister if it is found that he has been implicated.

CNN-IBN: But if in these three months, the SIT comes out with no evidence against Narendra Modi then would you and other activists give a clean chit to Modi?

Indira Jaisingh: That is not the law. The law is that even if the SIT gives him (Narendra Modi) a clean chit we still have a right to approach a court of law and let me tell you that we would vindicate every single right that we have according to the Supreme Court of India. The SIT will not have the last word.

CNN-IBN: While Indira Jaisingh talks about the chain of command, even the Congress has said that given that so many high-up officials have been implicated and the SC has asked them to be probed, it is imperative that the government (Gujarat) resigns because then the real investigation can’t be held.

Jaynarayan Vyas: It is a hypothetical case as the lawyer (Indira Jaisingh) herself is saying in case of any evidence. This means that there are no evidences to nail the Chief Minister.

CNN-IBN: The SIT has nailed one of yours ministers – Maya Kodnani – for her alleged role in Naroda Patia, senior IPS officers have been arrested as a result of the SIT’s investigation. Are you saying no one is guilty because surely someone is responsible?

Jaynarayan Vyas: In that omnibus application, among the mentioned 64 names it has so happened that the name of Gujarat Chief Minister also appears. So, don’t mix up two issues. What you talking about are the cases already investigated but as the lawyer herself said as of now there are no evidences against Narendra Modi.

CNN-IBN: Indira Jaisingh do you want to respond to that, the minister says there are no evidences against Narendra Modi?

Indira Jaisingh: This is Supreme Court’s order and it would not order for any investigation till the time there is a prime facie evidence.

CNN-IBN: Once again I ask you that if after three months, the SIT has no evidence against Narendra Modi, would you concede it?

Indira Jaisingh: No, we would not concede it. The last word would be from the judiciary and not the SIT. We would take this case to its logical conclusion. People who have filed case against the Gujarat Chief Minister and other IPS officials are not lying. I think it would be a defining case for India and would prove whether we are committed to secularism, justice to minorities or not. We would not accept the SIT’s investigation as the last word.

Jaynarayan Vyas: They are fishing for evidences but have found none

CNN-IBN: They might be on a fishing expedition but the truth is that thousands were killed in the riots and therefore justice must be done.

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