Ahmedabad: The Supreme Court-appointed Special Investigation Team (SIT) will challenge before the Gujarat High Court the recent acquittal of all 67 accused in the 2002 Naroda Gam riot case by a special court, sources said.
Ahmedabad-based court of S K Baxi, special judge for Special Investigation Team cases, on April 20 acquitted all 67 accused, including former Gujarat minister Maya Kodnani and ex-Bajrang Dal leader Babu Bajrangi, more than two decades after 11 Muslims were killed during post-Godhra riots in Ahmedabad’s Naroda Gam area.
“The SIT will definitely file an appeal in the Gujarat High Court against the lower court’s order in the Naroda Gam case. Since the copy of the SIT court’s judgement is awaited, a final call will be taken after studying the verdict,” a source in SIT said.
The massacre at Naroda Gam was one of the nine major 2002 communal riots cases investigated by the SC-appointed SIT and heard by special courts.
The SIT took over the probe from the Gujarat Police in 2008 and arrested more than 30 persons.
Apart from Kodnani (67) and Bajrangi, former VHP leader Jaydeep Patel was also acquitted in the case by the special court.
There were a total of 86 accused in the case, of which 18 died during the pendency of the trial, while one was discharged by the court earlier under section 169 of the CrPC (Code of Criminal Procedure) due to insufficient evidence against him.
Notably, lawyers of the victims’ families had already said the special court’s verdict will be challenged in the High Court.
Riots broke out in the Naroda Gam area of Ahmedabad on February 28, 2002, during a bandh called to protest the torching of the S-6 coach of Sabarmati Express by a mob near Godhra station a day earlier. As many as 58 train passengers, mostly karsevaks returning from Ayodhya, were charred to death.
The accused were booked under Indian Penal Code sections 302 (murder), 307 (attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with deadly weapons), 120 (B) (criminal conspiracy), and 153 (provocation for riots), among others
The then-BJP president Amit Shah, now Union Home Minister, had in September 2017 appeared in the trial court as a defence witness for Kodnani. She had requested the court to summon Shah to prove her alibi that she was present in the Gujarat Assembly and later at Ahmedabad’s Sola Civil Hospital, and not at Naroda Gam, where the massacre took place.
Six different judges have presided over the case since the trial started in 2010.
On Monday, jury selection is scheduled to begin in the long-delayed trial of the suspect, accused of dozens of charges including hate crimes resulting in death.
The three congregations are wary of what’s to come. Some members may be called to testify, and they’re bracing for graphic evidence and testimony that could revive the traumas of the attack on Oct. 27, 2018 — often referred to around here as simply 10/27.
The tension can be felt in private conversations and encounters — the griefs, the anxieties, the feelings of being in a media fishbowl.
But each in their own ways, members are finding renewed purpose in honoring those lost in the attack, in the bold practice of their faith, in activism on issues like gun violence and immigration, in taking a stand against antisemitism and other forms of bigotry.
“We don’t want to be silenced as Jews,” said Rich Weinberg, chair of the social action committee for Dor Hadash. “We want to be active as Jews with an understanding of Jewish values. … We are going to still be here. We will not be intimidated.”
That was evident even in subtle details of a Passover service held earlier this month in New Light’s chapel, joined by some members of Dor Hadash.
Some offering Yizkor, or remembrance, prayers were doing so in honor of slain loved ones. One prayer was read in memory of the “Kedoshim of Pittsburgh, murdered al kiddush Hashem” — holy martyrs, killed while sanctifying God’s name. The prayer, modeled on prayers for Jewish martyrs of medieval Europe, has been woven into the ritual fabric of Jewish Pittsburgh.
One of those leading Passover prayers was Carol Black, who survived the attack that claimed the life of her brother, Richard Gottfried, and two other New Light members, Melvin Wax and Daniel Stein. They had led much of New Light’s ritual worship.
“Rich and Dan and Mel were our religious heart,” said Stephen Cohen, co-president of New Light. “And we had some very big shoes to fill.”
Members such as Black and Bruce Hyde have stepped into them. Hyde said when he once read a passage that had been read by Stein, he felt his presence: “He was up there with me.”
Cohen said the congregation had three priorities after the attack: to memorialize those lost, to continue their ritual life and to further religious education. New Light, like Tree of Life, is part of the moderate Conservative denomination of Judaism.
The congregation dedicated a monument honoring its three martyrs — shaped with images of Torah scrolls and prayer shawls — at its cemetery, where it also created a chapel adorned with stained glass windows and other mementos honoring the victims.
New Light Co-President Barbara Caplan said her dream for the congregation is “that we have many more years of Friday night services, Saturday morning services, holidays together, where we just go on being the family that we are.”
Cohen said the congregation has been overwhelmed by support from Christian, Sikh and other communities and wanted to build on those relationships. It has held Bible studies with local Black churches, and members visited the Mother Emanuel African Methodist Episcopal Church in Charleston, South Carolina, drawing solace from a congregation that lost nine members to a racist gunman in 2015. “I’ve never been part of a group hug of a hundred people,” Cohen recalled.
All three of the modest-sized congregations have been meeting in nearby synagogues since the attack closed the Tree of Life building.
Rabbi Jeffrey Myers had been leading Tree of Life Congregation for just over a year when he survived 10/27. He carries the scarred memories of the gunshots that killed seven members: Joyce Fienberg, Rose Mallinger, Cecil and David Rosenthal, Bernice and Sylvan Simon and Irving Younger. Andrea Wedner, Mallinger’s daughter, was wounded in the attack.
Myers continues to speak forcefully against the bigotry behind it.
His mission is “primarily to help my congregation community heal,” Myers said. “But beyond it is to speak up, to be a voice, to say, ‘No, this isn’t okay. It’s not acceptable. It never was. And it can never be.’”
He’d like to think the trial will expose the dangers of rising bigotry, but “it takes a concerted effort to be able to … walk a mile in someone else’s shoes,” he said. But it affects more than Jews. ”Someone who is an antisemite is most likely also the possessor of a long laundry list of personal grievances and other groups that that person does not like.”
Members are each recovering in their own ways, congregation president Alan Hausman said.
Each week when he makes announcements, Hausman said he includes this one: “It’s OK not to be OK, and we will get through this together.”
On Sunday, the day before jury selection, the Tree of Life Congregation is having a closure ceremony for its historic building. The congregation and a partner organization plan a major overhaul of the site, which will combine worship space with a memorial and antisemitism education, including about the Holocaust.
“We’re not really leaving, we will be back,” said Hausman.
“Hopefully we’ll be once again a happy, grounded, 160-year-old congregation,” added member Audrey Glickman, a survivor. “Back to being a solid group of people who come together regularly and do our thing.”
Dor Hadash, founded 60 years ago, is Pittsburgh’s only congregation in the progressive Reconstructionist movement of Judaism. Many members are drawn to its interlocking focuses on worship, study and social activism.
It was that activism that appears to have drawn the shooting suspect — who fulminated online against HIAS, a Jewish refugee resettlement agency — to the address where Dor Hadash met. The congregation was listed on HIAS’ website as a participant in a National Refugee Shabbat, which wove concern for migrants into Sabbath worship.
On 10/27, members Jerry Rabinowitz and Dan Leger were gathering for a Torah study when they heard the gunshots and ran to help. Rabinowitz was killed, and Leger seriously wounded.
But the attack has only emboldened Dor Hadash members.
They were soon organizing what became a separate group, Squirrel Hill Stands Against Gun Violence, advocating for gun safety legislation. And they redoubled their support for immigrants, refugees and their helpers such as HIAS. The congregation has sponsored a refugee family originally from the Democratic Republic of the Congo. And they have taken a strong stand against rising antisemitism and white supremacy.
“I think advocacy has been a huge part of our healing,” said Dana Kellerman, communications chair for Dor Hadash. Advocacy “isn’t just about making myself feel better,” she added. “It is about trying to move the needle so that this doesn’t happen to somebody else.”
The congregation has been growing since the attack, said its president, Jo Recht. The historically lay-led congregation has hired its first staff rabbi, Amy Bardack. Her formal installation is this Sunday — a date that wasn’t specifically chosen in advance of the trial but that provides a welcome occasion of celebration.
“There are a lot of people who are seeking some way to help so that the world is a more compassionate place,” Recht said.
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( With inputs from : www.politico.com )
Ahmedabad: Ex-MLA Maya Kodnani along with advocates comes out of the Sessions Court after the verdict on Naroda Gam massacre case, in Ahmedabad, Thursday, April 20, 2023. A special SIT court in Ahmedabad Thursday acquitted all 67 accused, including Kodnani. (PTI Photo)
Ahmedabad: Defence lawyer Rakesh Modi shows victory sign after the verdict on Naroda Gam massacre case, in Ahmedabad, Thursday, April 20, 2023. A special SIT court in Ahmedabad Thursday acquitted all 67 accused, including former BJP MLA Maya Kodnani. (PTI Photo)
Ahmedabad: Acquitted persons celebrate outside the Sessions Court after the verdict on Naroda Gam massacre case, in Ahmedabad, Thursday, April 20, 2023. A special SIT court in Ahmedabad Thursday acquitted all 67 accused, including former BJP MLA Maya Kodnani. (PTI Photo)
Ahmedabad: People accused in the case related to the Naroda Gam massacre during the 2002 Gujarat riots, arrive at the court on the day of the verdict, in Ahmedabad, Thursday, April 20, 2023. (PTI Photo)Ahmedabad: Vishva Hindu Parishad member Jaydeep Patel arrives at the court on the day of the verdict of the case related to the Naroda Gam massacre during the 2002 Gujarat riots, in Ahmedabad, Thursday, April 20, 2023. (PTI Photo)
Ahmedabad: An acquitted person outside the Sessions Court after the verdict on Naroda Gam massacre case, in Ahmedabad, Thursday, April 20, 2023. A special SIT court in Ahmedabad Thursday acquitted all 67 accused, including former BJP MLA Maya Kodnani. (PTI Photo)
Ahmedabad: Acquitted persons react outside the Sessions Court after the verdict on Naroda Gam massacre case, in Ahmedabad, Thursday, April 20, 2023. A special SIT court in Ahmedabad Thursday acquitted all 67 accused, including former BJP MLA Maya Kodnani. (PTI Photo)
February 28, 2002: Eleven persons from Muslim community killed in violence in Naroda Gam area of Ahmedabad during the bandh call given by right-wing organisations a day after the Godhra train burning incident.
May 2009: Gujarat High Court designates S H Vora as judge for the Naroda Gam case trial.
May 2009: The Supreme Court-constituted Special Investigation Team (SIT) files a charge sheet against BJP leader and former state minister Maya Kodnani, VHP leader Jaideep Patel, Babu Bajrangi and others.
May 2009: Charges framed against them under IPC sections 120 (B) (criminal conspiracy), 302 (murder), 307 (attempt to murder), 395 and 397 (looting) and 143 to 147 (rioting). As per the charge sheet, Kodnani and Patel led the mob.
July 2009: Special court begins proceedings with the SIT submitting its ninth charge sheet.
July 2010: Total number of accused in the case reaches 86 with SIT filing charge sheet against three more persons.
August 2012: A special court convicts 32 persons including Kodnani and Babu Bajrangi in Naroda Patiya case, another post-Godhra riot incident in which more than 90 persons were killed.
November 2012: Judge S H Vora elevated as additional judge of Gujarat High Court. Jyotsna Yagnik takes over as presiding judge of Naroda Gam trial.
August 2017: The Supreme Court asks the special court to conclude the trial in four months
September 18, 2017: Amit Shah, then BJP president, appears before the court as a defence witness after Kodnani seeks to examine him to prove her alibi.
Shah tells the court he saw Kodnani in the Gujarat Assembly around 8:30 am and at Sola civil hospital around 11:15 am on the day violence took place.
October 2017: Special judge P B Desai visits the scene of offence in Naroda Gam.
December 2017: Judge Desai retires.
April 20, 2018: Kodnani acquitted in Naroda Patiya massacre case by Gujarat High Court. The HC upholds the conviction of 12 persons including Bajrangi.
August 2018: SIT tells the special court that Kodnani was present at the crime spot for around 10 minutes and left after “instigating the mob.”
August 2018: SIT tells the special court that Amit Shah’s statement defending Kodnani “not believable”.
August 2018: The court watches CD of sting operation carried out by former Tehelka journalist Ashish Khetan, featuring some accused of 2002 riots cases.
April 20, 2023: Special court acquits all 67 accused in Naroda Gam case including Kodnani and Bajrangi.
New Delhi: President Droupadi Murmu on Thursday paid tributes to the martyrs of the Jallianwala Bagh massacre.
Hundreds of people protesting peacefully against the Rowlatt Act, which granted the colonial administration repressive powers, were gunned down by British forces without any provocation on this day in 1919 at Jallianwala Bagh in Punjab’s Amritsar.
“My humble tribute on behalf of the countrymen to the martyrs of Jallianwala Bagh! Recently I had the opportunity to visit the holy place and pay homage to those braves. The people of India will always be grateful to those freedom fighters who sacrificed their everything,” the president tweeted in Hindi.
Patna: The MP-MLA court of Bihar’s Arrah on Wednesday acquitted JD-U national general secretary Bhagwan Singh Kushwaha in the Ichari massacre case.
A bench of three judges headed by Justice Satyendra Singh acquitted the JD-U leader in the absence of proof. The court however held nine accused guilty and sentenced them to life imprisonment.
The massacre happened on March 29, 1993 when five persons were gunned down by a group of armed men. Several others were also injured in the firing.
The victims were attacked while they were returning on a tractor from a rally of BJP in Jagdishpur block.
The deceased were identified as Ram Lochan Singh, Vinay Singh, Jalim Singh, Hridayanand Singh and Anant Singh. They died on the spot.
After that incident, 10 persons including Kushwaha were booked under the relevant sections of the IPC. Kushwaha was associated with CPI-ML then.
Their remarks ranged from sorrow to outrage, shouts to tears. Some vehemently condemned him; others quoted from the Bible or said they were praying for him. Several pointed out that he deliberately attacked a Black community a three-hour drive from his home in overwhelmingly white Conklin, New York.
“You’ve been brainwashed,” Wayne Jones Sr., the only child of victim Celestine Chaney, said as sobs rose from the audience. “You don’t even know Black people that much to hate them. You learned this on the internet.”
“I hope you find it in your heart to apologize to these people, man. You did wrong for no reason,” Jones said.
Gendron’s victims at the Tops Friendly Market — the only supermarket and a neighborhood hub on Buffalo’s largely Black East Side — included a church deacon, the grocery store’s guard, a man shopping for a birthday cake, a grandmother of nine and the mother of a former Buffalo fire commissioner. The victims ranged in age from 32 to 86.
Gendron pleaded guilty in November to crimes including murder and domestic terrorism motivated by hate, a charge that carried an automatic life sentence.
“There can be no mercy for you, no understanding, no second chances,” Judge Susan Eagan said as she sentenced him. She called his rampage “a reckoning” for a nation “founded and built, in part, on white supremacy.”
Gendron, 19, is due in a federal court Thursday for a status update in a separate case that could carry a death sentence if prosecutors seek it. His attorney said in December that Gendron is prepared to plead guilty in federal court to avoid execution. New York state does not have the death penalty.
The gunman wore bullet-resistant armor and a helmet equipped with a livestreaming camera as he carried out the May 14 attack with a semiautomatic rifle he purchased legally but then modified so he could load it with illegal high-capacity ammunition magazines.
“Do I hate you? No. Do I want you to die? No. I want you to stay alive. I want you to think about this every day of your life,” Tamika Harper, a niece of victim Geraldine Talley, told Gendron. “Think about my family and the other nine families that you’ve destroyed forever.”
Gendron locked eyes with Harper as she gently spoke. Then he lowered his head and wept.
Minutes later, Barbara Massey Mapps excoriated him for killing her 72-year-old sister, Katherine Massey, a neighborhood activist. As Mapps shouted and pointed at Gendron, a person in the audience took a few steps toward him before getting held back.
“You don’t know what we’re going through,” a man shouted as he was led away by court officers. For several minutes thereafter, family members hugged and calmed each other.
Eagan then ordered Gendron back in after admonishing everyone to behave appropriately.
In his short statement, Gendron acknowledged he “shot and killed people because they were Black.”
“I believed what I read online and acted out of hate, and now I can’t take it back, but I wish I could, and I don’t want anyone to be inspired by me,” he told the victims and their relatives. His own parents didn’t attend.
One woman in the audience stood up, screamed “we don’t need” his remarks and stormed out of the courtroom.
There were only three survivors among the 13 people he shot while specifically seeking out Black shoppers and workers.
Deja Brown said her father, Andre Mackniel, was blindsided “at the hands of a selfish boy who’s obviously not educated on the history of African Americans.”
Mackniel’s young son still calls for a father who was gunned down while shopping for a birthday cake for him, said his brother, Vyonne Elliott.
Christopher Braden, a Tops employee who was shot in the leg, said he was haunted by seeing the victims where they lay as he was carried out of the store.
“The visions haunt me in my sleep and every day,” he said.
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( With inputs from : www.politico.com )