sanjiv bhatt writes to nanavati & mehta commission to ensure the protection of crucial documentary...

8/3/2019 Sanjiv Bhatt writes to Nanavati & Mehta Commission to ensure the protection of crucial documentary evidences

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Most UrgentBEFORE THE HONOURABLE JUSrlCE NANAVKTI &JUSTICE MEHTA COMMISSION OF INQUIRY

No. SRB/C01/120211/01Sanjiv Rajendra Bhatt IPSCamp: AhmedabadDate: February 11, 2012

The Secretary,Hon'ble Justice Nanavati & Justice Mehta Commission of Inquiry,Government Bungalow No. 33,Shahibaug,Ahmedabad 380 004

Sub: Discovery/Produdion/Requisition of Records and Documents.

Ref: 1. My letter No. SRB/COI/110504/01 dated 04/05/2011.

2. My le tter No. SRB/COI/110504/02 dated 04/05/2011.3. My letter No. SRB/JNJM/110516/01 dated 16/05/2011.4. My letter No. SRB/COI/111215/01 dated 15/12/2011.5. IYy le tter No. SRB/COI/111223/01 dated 23/12/2011.6. My letter No. SRB/COI/111230/01 dated 30/12/2011.7. Your letter No. COI-GUJ-A'bad-242-2011 dated 30/12/20118. My letter No. SRB/COI/120104/01 dated 04/01/2012.

Sir,

1. The kind attention of the Honourable Commission is drawn to my letterNo. SRB/JNJM/110516/01 dated 16/05/201lreferred at No. 3 above. Thesaid letter was submitted t o the Honourable Commission in person, onMay 16, 2011, prio r to the commencement of my examination by theHonourable Commission. I m yet t o receive any response to the prayerscontained in the letter No. SRB/JNJM/110516/01 dated 16/05/2011, fromthe Honourable Com mission. A copy of the said letter is enclosed for easeof reference.

2. Your kind a ttention of the Honourable commission is also drawn to myletter No. SRB/COI/l20104/0ldated January 04, 2012, referred at No. 8above. Despite the passage of more than a month I ave not received anyresponse to th e said letter. A copy of the said letter is enclosed for ease o freference.

3. As repeatedly pointed out to the Honourable Commission, Section 4 of theCommissions of Inquiry Act 1952, inter alia, empowers the Commission torequire the discovery and production of any document. I t also empowersthe Commission to requisition any public record or copy thereof froni anycourt or office. I t is reiterated th at the documents submitted by me to theSIT as well as other documents which would be available with the office ofth e Director General and Inspector General of Police as well as the StateIntelligence Bureau would clearly reveal the dubious role and criminalconduct of the then Chief Minister and/or other Ministers in his council ofMinisters, Police Officers and other individuals and organizations with


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Most UrgentBEFORE THE HONOURABLE JUSTICE NANAVATI &JUSTICE M EHTA COM MISSION OF INQUIRY

respect to the references (a) to (e) of the widened Terms of Reference. Iam aware of the said fact as many such highly incriminating documentswere ei ther authored by me or had come to my notice during my tenureas Deputy Commissioner of Intell igence in-charge of Inte rnal Security inthe year 2002. The li st of documents/records required to be requisitionedfrom the State Intelligence Bureau, Gandhinagar, is contained i n my letterNo. SRB/COI/110504/01 dated May 04, 2011, referred a t No. 1 above;whereas the list of documents/records required to be requisitioned fromthe office of the Director General and Inspector General of Police, G~jarat,is contained in my letter No. SRB/COI/110504/02 dated May 04, 2011,refereed at No. 2 above. Copies of both these letter are enclosed for easeof your reference.

4. I t is my genuine apprehension that very crucial and relevant records havebeen deviously supressed and/or destroyed by the Government of Gujaratas well as the SIT headed by Mr. R. K. Raghavan, with the diabolicalmotive of shielding powerful persons from legal punishment; by ensuringthat crucial and relevant incriminating evidence is not brought before theCourts of law. The delay on the part of the Honourable Commission inrequisitioning or requiring the discovery and production of crucial andrelevant Public Records and Documents has inadvertently or otherwise,facilitated the destruction of incriminating evidence against the ChiefMinister and/or other Ministers in his council of Ministers, Police Officersand other individuals and organizations whose role and conduct is thesubject matter of Inquiry under the references (a) to (e) of the widenedTerms of Reference of this Honourable Commission.

5. The Honourable Commission is once again requested to ensure thatrelevant records are not destroyed by the vested interests in theadministrative machinery of a State Government whose own conduct isunder inquiry.

6. I n view of the above, you are once requested to expeditiously passappropriate orders qua the prayers contained in my letters referred atNos. 1 o 6, and No. 8 above; so as to enable me to file a comprehensiveaffidavit and bring relevant documentary evidence on the record of theHonourable Commission.

Yours sincerely,

(Sanjiv Bhatt)

Enclosures: As above.

Copy with compliments:Shri. R. K. Raghavan IPS (Retd.)Chairman,SIT- Godhra Riot Cases,Gand hinagar.


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MOST URGENT

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No.SRB/COI/110504/01

Sanjiv Rajendra Bhatt IPS

Principal, SRPTC-Chowky.

Camp: Ahmedabad

Date: May 04, 2011

Shri. Sudhir Sinha IPS,

Additional Director General of Police,

State Intelligence Bureau,

Gujarat State,

Gandhinagar.

Sub: Access to requisite information/ records/documents of the StateIntelligence Bureau for the period from 27/02/02 to 17/09/02.

Sir,

As directed in Paragraph no. 5 of the DG&IGP s vernacular letter No.KA-1/2/RAJA-144/1777/2011 dated 02/05/2002, I hereby request you to kindly

provide me immediate access to the following documents, pertaining to theperiod from 27/02/2002 to 17/09/2002. A copy of the said letter is enclosed forease of reference.

1. Incoming Message Registers of the State Intelligence Bureau (SIB)Control Room

2. Outgoing Message Registers of the SIB Control Room3. Incoming Telephonic Message Registers of the SIB Control Room4. Outgoing Telephonic Message Registers of the SIB Control Room5. Duty Registers of the SIB Control Room6. Staff Attendance Register of the SIB Control Room

7.

Staff Attendance Register of all Branches of the SIB8. Leave/Leave Resumption Registers of Control Room and all Branches of the SIB

9. Movement Dairies of all IPS Officers posted at SIB10.Movement Dairies of all officers attached with the Ahmedabad Region

Office of the SIB11.Weekly Dairies of all officers attached eith the Ahmedabad Region Office

of the SIB12.Vehicle Log Books of all IPS officers posted in SIB13.Vehicle Log Book of Assistant Commissioner of Intelligence, Ahmedabad

Region.

14.Vehicle Log Books of the Dispatch Riders of SIB15.All Dispatch Books of the SIB


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MOST URGENT

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16.Record of Secret Service Fund Disbursement to IPS officers of the SIB17.Alert Messages sent out by the SIB18.Analytical Reports sent out by the SIB19.Messages received by the SIB from other agencies as well as Region

Offices/Field Units of the SIB

20.Analytical Reports received by the SIB from other agencies as well asRegion Offices/Field Units of the SIB21.Control Room Dispatch Registers22.Special Reports sent by the SIB23.Intelligence Reports received by the SIB from all other agencies24.Intelligence Reports received from the field units of the SIB25.Daily Summary of Intelligence (DSI) sent by the SIB26.U.O. Notes sent to the Chief Minister by the SIB27.Pink Envelope Reports sent to the Chief Minister by the SIB28.Internal Document of SIB, authored by the undersigned and titled

Godhr a Incident of 27/02/2002- An Intelligence Analysis

As you are aware, I am required to depose before the Honble Justice Nanavatiand Justice Mehta Commission of Inquiry on May 16, 2011. It is requested that Imay be provided access to the above information/records/documents at the veryearliest so as to enable me to make a meaningful deposition before the HonbleJustice Nanavati and Justice Mehta Commission of Inquiry.

The date and time for commencement of the said inspection as requested above,may kindly be communicated to me at the earliest. My contact details are asunder:


Bungalow No. 2,Sushil Nagar Part-II,Opp. Mahatma Gandhi Labour Institute,Drive-in Road,Ahmedabad 380 052Tel: 27455117Mobile: 9978405024

Yours sincerely,

(Sanjiv Bhatt)

Copy with compliments:

1. The Secretary,Honble Justice Nanavati & Justice Mehta Commission of Inquiry, Government Bungalow No. 33,Shahibaug, Ahmedabad 380 004


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MOST URGENT

1

No.SRB/COI/110504/02



Camp: Ahmedabad

Date: May 04, 2011

Shri. Chitranjan Singh IPS,

Director General and Inspector General of Police,

Gujarat State,

Gandhinagar.

Sub: Access to requisite information/ records/documents of the SCRand DG&IGP Office for the period from 27/02/02 to 17/09/02.

Sir,

As directed in Paragraph no. 5 of your vernacular letter No.KA-1/2/RAJA-144/1777/2011 dated 02/05/2002, I hereby request you to kindly provide meimmediate access to the following documents, pertaining to the period from27/02/2002 to 17/09/2002.

1. Incoming Message Registers of the State Control Room (SCR)2. Outgoing Message Registers of the State Control Room3. Incoming Telephonic Message Registers of the State Control Room4. Outgoing Telephonic Message Registers of the State Control Room5. Duty Registers of the State Control Room6. Staff Attendance Register of the State Control Room7. Movement Dairy of the DG&IGP8. Register of vehicles being used by the DG&IGP9. Log Books of the official vehicles used by the DG&IGP10.Duty Registers of the drivers attached with SCR

11.Duty Roster of the drivers attached with the DG&IGP12.Vehicle Log Books of the Dispatch Riders of the State Control Room (SCR)13.All Dispatch Books of the SCR14.Record of Secret Service Fund Disbursement to the State Intelligence

Bureau15.Alert Messages sent out by the SCR16.Reports/Messages/Communications sent out by the SCR/Office of the

DG&IGP for requisition of additional forces17.Messages received by the SCR from other agencies as well as Field Units

of the Police18.State Control Room Dispatch Registers

19.Intelligence Reports received by the DG&IGP from all agencies includingthe State Intelligence Bureau


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MOST URGENT

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As you are aware, I am required to depose before the Honble Justice Nanavatiand Justice Mehta Commission of Inquiry on May 16, 2011. It is requested that Imay be provided access to the above information/records/documents at the veryearliest so as to enable me to make a meaningful deposition before the HonbleJustice Nanavati and Justice Mehta Commission of Inquiry.

The date and time for commencement of the inspection, as requested above,may kindly be communicated to me at the very earliest. My contact details areas under:

Sanjiv Rajendra Bhatt IPSBungalow No. 2,Sushil Nagar Part-II,Opp. Mahatma Gandhi Labour Institute,Drive-in Road,Ahmedabad 380 052Tel: 27455117Mobile: 9978405024

Yours sincerely,

(Sanjiv Bhatt)


1. The Secretary,Honble Justice Nanavati & Justice Mehta Commission of Inquiry, Government Bungalow No. 33,ShahibaugAhmedabad 380 004


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BEFORE THE HONOURABLE JUSTICE NANAVATI & JUSTICE MEHTA COMMISSION OF INQUIRY

1

No.SRB/JNJM/110516/01



Camp: Ahmedabad

Date: May 16, 2011

The Secretary,

Honble Justice Nanavati &

Justice Mehta Commission of Inquiry,

Government Bungalow No. 33,

Shahibaug,

Ahmedabad 380 004

Respected Sir,

It is most respectfully submitted before this Honourable Commission of Inquirythat:

1. I am a serving Indian Police Service Officer of the 1988 Batch, currentlyposted as Principal State Reserve Police Training Centre, Chowky-Sorath,Junagadh.

2. I was posted as Deputy Commissioner of Intelligence with the StateIntelligence Bureau from 1999 to 2002. As mentioned in my affidavitdated 14 April 2011, filed before the Honourable Supreme Court of Indiain SLP (Criminal) No. 1088 of 2008; I was handling the important andsensitive portfolio of Internal Security for the State of Gujarat and wasalso designated as the Nodal Officer for sharing of Intelligence withvarious agencies of the State and the Union of India. A copy of the saidaffidavit is annexed herewith as Annexure I .

3. By virtue of the crucial position held by me in the State IntelligenceBureau, during the Gujarat Riots of 2002; I am privy to a plethora of information regarding the facts and circumstances that led to andfacilitated the Gujarat Riots of 2002. I can assist this HonourableCommission in uncovering the truth behind the incident of violence atGodhra Railway Station on February 27, 2002; as well as the facts andcircumstances, including the administrative complicity and official

orchestration that led to and facilitated the Gujarat Riots of 2002.


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4. As an ex-Deputy Commissioner of Intelligence, in charge of InternalSecurity of Gujarat; I am bound by an oath of secrecy, not to disclose anyprivileged information, unless under a binding legal obligation to revealsuch privileged information during the course of a judicial proceeding.

5. I was never directed by any Governmental Authority to appear before thisHonourable Commission. I could not have appeared before thisHonourable Commission, otherwise than being officially directed by asuperior formation of the Government of Gujarat or being directlysummoned by this Honourable Commission.

6. I was summoned by this Honourable Commission, vide their SummonsNo. COI-Guj.(Ahd.)-14-2011 dated 27-04-2011; with directions to appearbefore this Honourable Commission at 11:30 am on May 16, 2011.

7. Pursuant to the said summons, I have requested the Director General andInspector General of Police, Gujarat State to kindly provide me access to

requisite and relevant information/records/documents of the State ControlRoom and DG&IGP Office for the period from 27/02/02 to 17/09/02; so asto enable me to make a comprehensive deposition and meaningfully assistthis Honourable Commission. Unfortunately, the DG&IGP has not accededto my genuine and bonafide request, till date. My entire correspondencein this regard, with the Director General & Inspector General of Police isannexed herewith as AnnexureII Collectively.

8. Pursuant to the said summons, as directed by the DG&IGP, Icorresponded with the Additional Director General of Police, Stateintelligence Bureau, requesting him to kindly provide me access to

requisite and relevant information/records/documents of the StateIntelligence Bureau for the period from 27/02/02 to 17/09/02; so as toenable me to make a comprehensive deposition and meaningfully assistthis Honourable Commission. Unfortunately, the ADGP (Intelligence) hasalso chosen not to accede to my genuine and bonafide request, till date.My entire correspondence in this regard, with the ADGP (intelligence) isannexed herewith as Annexure III Collectively.

9. Pursuant to the said summons, I have requested the Chairman of theSpecial Investigation Team, to kindly provide me with certified copies of all my earlier statements before the SIT, as well as authenticated copiesof all the documents and records tendered by me to the SIT during thecourse of the Inquiry/Investigations carried out by them; so as to enableme to make a comprehensive deposition and meaningfully assist thisHonourable Commission. Unfortunately the Chairman, SpecialInvestigation Team, has not even responded to my genuine and bonafide request, till date. My letter addressed to the Chairman, SpecialInvestigation Team, is annexed herewith as AnnexureIV .


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In view of the above mentioned facts and circumstances, it is most humblyprayed that, this Honourable Commission of Inquiry may kindly invoke thepowers available to it under Section 4 and Section 5 of the Commission of Inquiry Act 1952; and be pleased to:

a. Direct the DG&IGP to provide me access to requisite and relevantinformation/records/documents of the State Control Room and DG&IGPOffice for the period from 27/02/02 to 17/09/02; as listed in my LetterNo. SRB/COI/110504/02 dated May 04, 2011.

b. Direct the ADGP, State intelligence Bureau to provide me access torequisite and relevant information/records/documents of the StateIntelligence Bureau, for the period from 27/02/02 to 17/09/02; as listedin my Letter No. SRB/COI/110504/01 DATED May 04, 2011.

c. Direct the Chairman, Special Investigation Team-Godhra Riot Cases, toprovide me with certified copies of all my earlier statements before theSIT, as well as authenticated copies of all the documents and recordstendered by me to the SIT during the course of the Inquiry/Investigationscarried out by them; as requested vide my Letter No. SRB/SIT/110510/01dated May 10, 2011.

d. Issue any other necessary and appropriate directions, as deemed fit, forthe requisition, discovery and production of the relevant documents andrecords.

With profound regards.

Yours sincerely,

(Sanjiv Bhatt)


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No. SRB/COI/120104/01Sanjiv Rajendra Bhatt IPSCamp: AhmedabadDate: January 04, 2013.

The Secretary,Hon'ble Justice Nanavati & Justice Mehta Commission of Inquiry,Government Bungalow No. 33,Shahibaug,Ahmedabad 380 004

Sub: Discovery/Production/Requisition of Records and Documents.

Ref. 1. My letter No. SRB/JNJM/110516/01 dated 16/05/20112. My let ter No. SRB/COI/111215/01 dated 15/12/2011.

3. My letter No. SRB/COI/l11223/01 dated 23/12/2011.4. My letter No. SRB/COI/111230/01 dated 30/12/2011.5. Your letter No. COI-GUJ-A'bad-242-2011 dated 30/12/2011.

Sir,

1. Your kind attention is drawn to your letter referred at No. 5 above. I t hasbeen stated in the said letter by you that:

'Commission neither has the power to direct the DG and IG P or ADGPto provide access to the information/records/documents required by you

nor does it consider it necessary or fit to pass any order for discovery orproduction of any such document."

2. I t is submitted that as pointed out to you in person, Section 4 of theCommissions of Inqui ry Act 1952, inter alia, empowers you to require thediscovery and production of any document. I t also empowers you torequisition any public record or copy thereof from any court or office. Therelevant provisions are reproduced below for ease of reference:

Section 4. Power of Commission. The Commission shall have thepowers of a Civil Court, while trying a suit under the Code of CivilProcedure, 1908, in respect of the following, namely-

(b) requiring the discovery and production of any document;

(d) requisitioning any public record or copy thereof from any courtor office;

(e) issuing Commissions for the examination of witnesses ordocuments;

(f) any other' mat ter which may be prescribed.


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3. I t is reiterated that documents submitted by me to the SIT as well asother documents which would be available with the State IntelligenceBureau would clearly reveal the dubious role and criminal conduct of thethen Chief Minister and/or other Ministers in his council of Ministers, Police

Officers and other individuals and organizations with respect to thereferences (a) to (e) of the widened Terms of Reference. I m aware ofthe said fact as many such highly incriminating documents were eitherauthored by me or had come to my notice during my tenure as DeputyCommissioner of Intelligence in-charge of Internal Security in the year2002.

4. As requested by your office, another copy of the State Intelligence BureauFax Message No. D-212- COM/ALERT/l00/2002 dated 27/02/2002 isenclosed herewith for your record. The Honourable Commission is onceagain requested to ensure that relevant records are not destroyed by the

vested interests in the administrative machinery of a State Government.5. I n view o f the above, you are once requested to expeditiously pass

appropriate orders qua the prayers contained in my letters referred atNos. 1 o 4 above, so as to enable me to file a comprehensive affidavitand bring relevant documentary evidence on the record of the HonourableCommission.

Yours sincerely,

(Sanjiv Bhatt)


Shri. R. K. Raghavan IPS (Retd.)Chairman,

SIT- Godhra Riot Cases,Gandhinagar.


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FAX MESSAGE

(PRIORIN: ' CRASH)

To: CP Ahmedabad . .

Info: PS t~ CMGandhinagar

PS to MOS (Home) Gandhinagar

Home Sec Gandhlnagar

Police Gandhinagar

A.D.G.P. lnt611igellc8, G.S.; Gahdhinagarrom:- -

No. D-212..cOMIALERT/101)/2062 bate: 27.2.2002

TEXT.I

Pursuant to the meeting held by #re Hon'ble Chief Minister it has becomeclear that the State G t w e m d wishes to go ahead with the decision of bringing thedead bodies of Kar Sevaks to Ahmedabad by road under P o l i i escort (.)

I

i The dead bodies wn be W g h t to 80la Civil Hospital in your jurisdiinbefore being taken out for cremation (.) Lacal cadres af BJPBajrang Dal are beingmasshrely mobilized for enfarcislg the WP/RJP supported Gujarat Bandh (.)Widespread retributory m m u n a l v b h c e is anticiQated in your jurisdiction (.)

Request appropriate preventive action (.)

I DY. Cbmmi*iane; (Security)

For. Addl. D.G.P., 1nt.G.S.. Gandhinagar