india gujarat case under digital evidence
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Digital evidence case: GUJARAT RIOTS, GETTING AWAY WITH MURDER

An express investigation, part two: tracking Naroda’s BJP MLA on massacre day BJP’s Naroda MLA says she wasn’t at riot site, cellphone records say she was there Case against Maya Kodnani was closed for lack of evidence. On day 83 were killed, she was in touch with cops, Togadia brother, accused [Monday, November 22, 2004]


1. AHMEDABAD, NOVEMBER 21: Maya Kodnani, the BJP MLA from Naroda, is a practising gynaecologist whose clinic is barely a kilometre from the site of the Naroda-Patiya massacre. Though there was a case of rioting and arson against her in the worst post-Godhra riot incident in which 83 were killed, just months later it was closed because of lack of evidence.
2. ‘‘I always knew that the case was false and politically motivated as I had not visited Naroda when the killings happened. And I knew it would be closed sooner or later. The FIR stated that I was there (Naroda) at about 12.30 pm, but as I was at Sola Civil Hospital, I knew it was a false case and would be closed,’’ she says.
3. However, details of cellphone calls made and received by her show that she, in fact, was in the Naroda area around 12.30 pm.
4. Two cds, now with the Nanavati-Shah Commission and obtained by the Crime Branch of the Gujarat police way back in April, contain records of all cellphone calls made in Ahmedabad from February 25, 2002, two days before the Sabarmati Express attack to March 4—five days that saw the worst communal violence in recent history.
5. This staggering amount of data—there are more than 5 lakh entries—was investigated over several weeks by this newspaper. Using cellphone tower locations, the data also gives information on the geographic location of the caller and the person at the other end.
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7. Recalling the calling

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10. Maya Kodnani• Where were you when the worst massacre took place in your constituency?‘‘I had gone to Gandhinagar early morning and on return had gone straight to Sola Civil Hospital where I stayed till afternoon. I then went to Ahmedabad Civil Hospital to check on the injured brought from Godhra. I then went home and stayed there for the rest of the day.’’ • Why did a victim of the massacre file a case against you?‘‘Somebody from the relief camp complained to the police based on which an FIR was registered.” Deputy Commissioner of Police R J Savani• Records reveal that you were in constant touch with local VHP and political leaders ‘‘Only cds have been submitted to the inquiry commission and not cellphone-wise detailed report. Then, how can you say this? It’s common for local leaders to call and speak to us cops. That does not mean that the talk we had was anti-national, against a particular section of the society. Many Muslim leaders had also called me for help.’’ • Your area witnessed the worst violence in the city ‘The media is responsible for it. It repeatedly showed the Godhra incident and it was carried so big in the newspapers that people got instigated.’’
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13. A study of Kodnani’s cellphone, which is still in use, reveals that, like fellow accused and VHP leader Jaideep Patel—whose details were published yesterday—the BJP leader, too, had been camping in the Naroda area till the evening of February 28, 2002, and was in close contact with those accused in the massacre, police officers, top politicians, and VHP leaders, including the brother of VHP international general secretary Pravin Togadia.
14. The attacks in Naroda started at 11 am and went on till 8 pm.
15. Excerpts of her cellphone records on the day of the VHP-sponsored Gujarat Bandh in protest against the Godhra train carnage:
16. February 28, 2002
16.1. • 7.53 am: Kodnani leaves her residence for Gandhinagar.
16.2. • 9.57 am: Kodnani returns from Gandhinagar and heads straight for Sola Civil Hospital.
16.3. • 10.37 am: Kodnani calls the office of then Assistant Commissioner of Police (G Division) M T Rana, under whose jurisdiction Naroda and Meghaninagar fall.
16.4. • 10.39 am: Kodnani calls the official cellphone of then Deputy Commissioner of Police (Zone IV) P B Gondia, Rana’s immediate boss.
16.5. • 11.23 am: Kodnani leaves Sola Civil Hospital.
16.6. • 11.55 am: Kodnani is in Shahibaug area (her residence is also in Shahibaug area) when she receives a call from Dinesh Togadia, brother of VHP leader Pravin Togadia, and speaks for 128 seconds.
16.7. • 12.10 pm: Kodnani receives a call from VHP general secretary Jaideep Patel, also one of the accused until the case was closed by the police.
16.8. • 12.21 pm: Kodnani receives a call from Nimesh Patel, a resident of Saijapur-Bogha area, adjoining the Naroda-Patiya locality. Patel is one of the accused in the killing of eight persons in Naroda village.
17. After the call, Kodnani moves out and heads towards Naroda.
17.1. • 12.37 pm: Kodnani reaches Naroda.
17.2. • 12.40 pm: Nimesh Patel calls Kodnani.
17.3. • 2.10 pm: Kodnani receives a call from Sri Swami Vivekanand Karnavati Charitable Trust, Maninagar, and speaks for 134 seconds.
17.4. • 2.33 pm: Kodnani receives a call from the official residence of State Education Minister Anandiben Patel in Gandhinagar.
17.5. • 2.53 pm: Kodnani receives a call from the office of the chief whip of BJP legislative party.
17.6. • 3.31 pm: Kodnani receives a call from Ashok Govind Patel of Naroda and speaks for 91 seconds.
18. Patel, a BJP corporator, was also an accused in the same case as Dr Jaideep Patel. This case was later closed by the Detection of Crime Branch.
18.1. • 4.09 pm: Kodnani leaves Naroda area and heads for Shahibaug.
18.2. • 4.52 pm: Kodnani calls DCP (Zone V) R J Savani, under whose jurisdiction widespread violence was reported from Bapunagar, Odhav, Amraiwadi and Hatkeshwar areas.
18.3. • 4.53 pm: Kodnani calls DCP (Zone VI) B S Jebalia, under whose jurisdiction riots were reported from Vatva, Danilimda and Kagdapith areas.
18.4. • 4.55 pm: Kodnani calls then Additional Commissioner of Police (Sector I) Shivanand Jha, under whose jurisdiction the western areas of the city come. The worst affected within his jurisdiction being Paldi, Vejalpur and Navrangpura areas.
18.5. • 5.01 pm: Kodnani receives a call from Delhi.
18.6. • 5.46 pm: Kodnani receives a call from state BJP President Rajendrasinh Rana.
18.7. • 7.03 pm: Kodnani receives a call from Nimesh Patel. (According to the police FIR of the Naroda-Patiya massacre and the Naroda killings, the attacks started at 11 am and went on till 8 pm.
19. THE CASE AGAINST HER THAT WAS CLOSED
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22. • FIR 197/02 registered by Ayub Khan Mir Khan Pathan at Naroda police station on March 18, 2002, named Jaideep Patel and then Naroda BJP MLA Dr Maya Kodnani along with at least 10 others for rioting, armed with deadly weapons, dacoity and causing fire with intent to damage property.• During the investigation, most of the witnesses turned hostile and the DCB on September 4, 2002 filed a summary report in the court pleading to close the case on the grounds that the FIR had been merged with the police FIR relating to the killing of eight persons in Naroda village and that the names of Patel and Kodnani be removed as there was no evidence against them.