2002 Gujarat riots: Know about former judge whose security has been revoked

The Supreme Court-appointed Special Investigation Team (SIT), reinvestigating nine cases of the 2002 Gujarat riots, has withdrawn police and paramilitary protection given to all 131 witnesses, two lawyers – MM Tirmizi and SM Vohra – who represented the victims and retired judge Jyotsna Yagnik who presided over the trial of Naroda Patiya massacre.

The decision was reportedly taken after reviewing the threat perception. “The respective police stations were directed to stay vigilant and protect the witnesses in their area,” wrote BC Solanki, the SIT superintendent, in a letter dated December 13, 2023, to all the district and city police chiefs that apprised them about SIT’s decision to withdraw protection of the witnesses in their jurisdiction.

Out of nine judges who had presided over the riot cases, Yagnik was the only judge who had sought protection after receiving several threat letters and blank phone calls, read the letter further.

‘No threat perception’

“Only after careful consideration and consultation with Vikas Sahay, the Director General of Police (DGP) of Gujarat, and the State Home Department, it was decided that security cover shall be withdrawn. Since the formation of the SIT in the last 15 years, there have been no reports of witnesses being assaulted or threatened hence we have arrived at the decision,” AK Malhotra, a SIT member, said.

“The decision to withdraw the CISF was taken on November 9, 2023, following which 126 CISF personnel deployed to protect the witnesses and patrol the riot-affected areas were withdrawn. The remaining 134 state police personnel were withdrawn on December 13 this year. The protection given to retired judge Yagnik was withdrawn after a review found no threat perception,” he said.

“The protection was there till 20 years and now trials of the cases are over barring a few cases that are being heard by the Gujarat High Court or the Supreme Court,” he added.

Jafri’s security downgraded

The only exception has been made for Zakia Jafri, the wife of former Congress MP Ehsan Jafri who had filed a complaint against then chief minister Narendra Modi, alleging his complicity in the riots. However, the security of Zakia Jafri has been downgraded from CISF to local police.

Ehsan Jafri was killed at the Gulberg Society along with 68 others in February 2002 when a Hindu mob attacked the upscale gated Muslim society in western Ahmedabad.

The Gujarat government and the SIT provided security to 159 people across eight riot-affected districts in the state – Godhra in Panchmahals district, Anand, Ahmedabad, Himmatnagar in Sabarkantha district, Gandhinagar, Mehsana, and Vadodara. Nine cases from these areas were being re-examined by the SIT including the Godhra train burning case, the Naroda Patiya massacre, the Naroda Gam massacre, the Gulberg Society case, the Sardarpura massacre, the Dipta Darwaja case, the Prantij British nationals’ killings case, Ode massacre 1 and Ode massacre 2.

Retired Judge Jyotsna Yagnik and Zakia Jafri were being protected by the Central Industrial Security Force (CISF). Jafri continues to be protected by the Gujarat police personnel considering her age, as stated in the letter by the SIT chief.

Received 22 threat letters

In May 2015, Yagnik received 22 threat letters and blank phone calls at her residence after convicting 32 people in August 2012, including former BJP minister Maya Kodnani and Bajrang Dal leader Babu Bajrangi in Naroda Patiya case. 97 people were killed in the Naroda Patiya area of Ahmedabad during the February 2002 riots.

Yagnik had also partially conducted a trial in the 2009 Ahmedabad serial blasts case and was also a designated judge under the now-repealed Prevention of Terrorism Act (POTA). Earlier, Yagnik had taken up the issue with the state government after her security cover was scaled down from Z-plus to Y category. However, the former judge refused to comment on the matter now.

Notably, in August 2021, the SIT withdrew the security cover of 25 witnesses citing that there was no threat to them. These witnesses were under the protection of both CISF personnel and local police.

SIT member justifies move

“The last of these nine cases to be decided was the Naroda Gam massacre, in which Sessions Judge Shubhada Baxi delivered a verdict on April 20 last year. Apart from the Prantij (Mehsana) case and Naroda Gam massacre, the lower courts convicted a large number of accused in the other 2002 riot cases,” said a SIT member, pleading anonymity.

“The SIT went on appeal in cases where many accused were acquitted, except for the Prantij case in which even the family members of the victims did not come forward to testify. However, the three other women judges who presided over these riot cases did not seek protection either in service or after retirement. Even Justice RM Sareen, who delivered a judgment in the Ode 1 case and is currently in the Gujarat High Court, has never asked for a security cover,” said the member.

“One has to remember that the Supreme Court had said in its judgment that security should be provided based on threat assessment. The security cover of a few witnesses was withdrawn three years ago. The trials of the cases related to these witnesses had either been completed or there were no intelligence reports of any threats to their lives. We had also considered the fact that they did not face threats or attacks during the trial,” the official added.