Saluting the fight for justice led by Zakia Jafri (1939-2025) against the 2002 genocide in Gujarat, People’s Union for Civil Liberties says, it will continue to stand in solidarity with the struggles of other victims. PUCL statement:
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PUCL expresses its sorrow and anguish at the passing away of Zakia Jafri at the age of 86 on 1st February at Ahmedabad. Zakia Jafri was a brave fighter for justice for the victims of the Gujarat carnage of 2002 , against overwhelming odds. It is a sad commentary of the India of today that she died without seeing the justice for which she had faught for so valiantly.
When the Gujarat carnage happened from late February, 2002 onwards, Zakia was 63 years old, already a senior citizen. She was staying at the Gulbarg Society with her husband, ex MP Ehsan Jafri. On 28th February, 2002 a large mob attacked the housing society and she was present in the house when the attack took place. Despite police presence and inspite of repeated pleas to the highest state authorities to protect Gulbarg society, there was a blind eye turned towards these pleas. This virtually amounting to criminal negligence if not conspiracy to carry out this attack. She was fortuitously saved but her husband and 68 others were brutally and heinously murdered and the Gulbarg Society burnt down.
The trauma she had to endure is unimaginable. She endured the horror of seeing her husband, neighbours and other loved ones being killed before her own eyes by a blood thirsty mob revelling in killing persons for no other reason than that they were Muslims. She had no choice but to shift to Surat where her son resided. But she was determined to seek justice not just for her husband and occupants of Gulbarg Society but for the entire community which had been subjected to such unprecedented violence. She realised that the violence which happened across Gujarat was not a spontaneous outburst but a planned conspiracy involving a section of police establishment, bureaucracy and the political higher ups.
While following up with the Gulbarg case, she filed a complaint against all those against whom evidence of complicity was available. This included the then Chief Minister of Gujarat. In her endeavour to find justice she was given consistent support by Teesta Setalvad and CJP as also certain other individuals and civil society organisations. This support was vital, as it is is very difficult for an individual to wage a lone battle against state impunity.
Zakia Jafri met with losses at various stages but never thought of giving up. Initially when the High Court was moved to have an FIR lodged against the culprits the petition was dismissed and she was asked to move the Magistrate. She moved the Supreme Court, which asked the Special Investigative Team to investigate the matter of a larger conspiracy. The SIT, ultimately filed a closure report coming to the conclusion that no case was made out against any of the accused. The amicus appointed by the Supreme Court, Mr Raju Ramachandran, did not give a clean chit but came to the conclusion that prima facie offences under Sections 153A(1)(a) & (b), 153B(1)(c), 166 and 505(2) of the IPC had been made out against the then Chief Minister. The amicus report indicated the difficulty that Zakia Jafri had to face in her struggle of justice. The amicus states that, "It would be impossible to get anyone present in the meeting on 27.02.2002 to speak against Shri Modi, especially the bureaucracy and police officials".
In the face of these reverses, Zakia Jafri did not give up and went on to file a voluminous protest petition with documentary evidence of over 1000 pages against each of the accused including the then Chief Minister in the sessions court which was dismissed. She was undaunted and approached the High Court, with the High Court too dismissing the petition. Zakia Jafri persisted and approached the Supreme Court which in 2022 gave a judgment which marks a black letter day in the history of Indian judiciary.
The judgment shockingly described those who used the process of law to pursue justice for the victims of 2002 for over 16 long years as having the "audacity" to "question the integrity of every functionary". The Court noted that their motives had an "ulterior design". The Court observed that "all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law." It was following this judgment that an FIR was filed against Setalvad as well as former Indian Police Service officers Sanjiv Bhatt and R.B. Sreekumar for the conspiracy to commit offences of forgery, giving false evidence and conspiracy.
It was a historical legal battle where ultimately Zakia Jafri lost but what we remember her for is the courage, conviction and perseverance with which she took on the mighty state for the sake of justice and for the sake of protecting the secular fabric of the country.
The Supreme Court should not forget that it had observed in the Best Bakery case that, ‘the modern day 'Neros' were looking elsewhere when Best Bakery and innocent children and helpless women were burning, and were probably deliberating how the perpetrators of the crime can be saved or protected.’ The state and especially the judiciary cannot abdicate its role, if justice has to prevail for the victims of the Gujarat holocaust of 2002.
Zakia Jaffri had also pursued the Gulbarg Society violence case where in 2016, 24 persons were convicted by the Sessions Court- 11 for murder and 13 for attempt to commit murder, arson and looting. However shockingly all were acquitted of the charge of conspiracy. Appeals against this Judgment are filed by both sides and are pending in the High Court.
We extend our condolences to all members of the family, especially her two sons, Tanveer Jafri and Zuber Jafri and her daughter Nishrin Jafri Hussain, their families as well as all other activists who stood with her through thick and thin. The PUCL will continue to stand in solidarity with the continuing struggle for justice for the unconscionable wrong which has been done to the victims of the carnage for over twenty three long years. This would be the only appropriate dedication in the 75th year of the Indian Constitution. The Union of India should realise that redressing this constitutional injustice is a condition precedent for Amrit Kal is to be ushered in.
Zakia Jafri remains etched in our collective memory as a valiant warrior for human rights. The memory of her courageous struggle will continue to be an inspiration for all those fighting for the constitutional idea of India.
-- Kavita Srivastava (President), V. Suresh (General Secretary)
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