On April 10, 2012 — ten years after the communal massacre in Gujarat — the Supreme Court of India absolved Modi from any culpability and wrongdoing, based on the Special Investigation Team’s (SIT) report that found no evidence linking him with the orgy of killing that took place over three days in 2002. The SIT report surprised a lot of people but there are many more in India who seem overjoyed over Modi’s acquittal.
Now consider Hafiz Saeed, the head of the Jammatud Dawa — a seminary and a charity — who has been under incessant Indian focus ever since the Mumbai attacks. He is alleged to have founded the now-banned Lashkar-e- Taiba (LeT), which is considered to have masterminded the Mumbai attacks in which 167 people were killed. Saeed rejects allegations of any linkage with the Mumbai carnage and is willing to appear in any court to defend himself. He has been incarcerated twice under charges of possible culpability in the attacks, and both times he was released because of lack of evidence.
The contradictions in the quality of charges that were brought against Modi and Saeed, and the investigative and legal treatment that their cases received, underlines the conflict within the larger construct of how the law deals with such issues. There is inherent dissonance in Anglo-Saxon law when the moral aspects of an issue may simply not withstand the test of legal relevance. Undoubtedly, laws support moral aspects of societal living and emerge out of a moral context, but once formed they become etched statutes that are blind to any other consideration. When evidence to support an indictment is either insufficient or deficient, the law attains a ruthlessness that does not consider morality. Legalese trumps morality in judicial treatment.
The above precept almost defines why hackles are raised when people like Modi and Saeed are absolved of all crimes. One needs to firmly establish if indeed Saeed still has any linkages with the LeT, considering that the outfit only exists in fragmented groups, most of which are now ensconced in Fata and aligned with the Tehreek-i-Taliban Pakistan against the Pakistani state, and whether an earlier connection, even if that is as founder of the LeT, can stand legal scrutiny. India’s gripe of insufficient action taken by Pakistan against the perpetrators of the Mumbai attacks, and especially on the assumed linkage of Saeed to the incident, is rooted in this inherent conflict within law that unfortunately, relegates morality to the legality of a case. That is why evidence that can link Saeed directly to the Mumbai attack is so important. What may only be circumstantial and not direct evidence, unfortunately, may strengthen a moral basis for an action but falls seriously short as legal evidence.
Terrorism is a primordial reality that bites both Pakistan and India in equal measure. While there is no doubt about Pakistan being immersed in it neck-deep, India has its own set of terrorism challenges. Rather than work towards developing joint mechanisms to fight an evil that has transnational linkages, India’s definition of its terrorism concerns with Pakistan begin and end with Saeed. One individual holds to ransom a process that can be the key to a safe future for both our peoples. Caught in a legal labyrinth, what may be morally right, doesn’t stand the test of legal scrutiny. It is this mismatch between the moral and the legal that divide the respective positions of both countries and disables their cooperative existence.
Published in The Express Tribune, April 15th, 2012.
COMMENTS (72)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
@VINOD: lol atalji was the one who gave emotional speeches on Ram mandir and babri masjid in 1992 Atalji RSS or advani ki hi den hai babri 1992 but you can not see it as its not projected by media. I am defending him because i have lived in Gujarat . You guys are against him because you just follow projected truth
@kash: It is not correct to defend a person like Modi. He has acted against humanity and in the words of Atal ji has failed to follow the true RAJ DHARMA. We must not condone any one who transgresses the very fiber of our age old traditions of heterodoxy and tolerance for views of all.
@wonderer: a cheif-minister from last 10 years and most power full candidate of 2014 indian election is being called Harmfull lol . Grow up please if you are paki you should be looking at your internal problems . We are an economy of 4.1 trillion USD which will be more then 10 to 20 times of your whole GDP.
@kash:
Development does not mean Modi had no role in the killing of Muslims in riots. Development means that he is a good manager of the state, and nothing more.
Modi's past will soon catch up with him but Gujarat will continue developing even after that. Gujaratis will always develop even after they become secular. You have nothing to worry, but Modi will never be accepted in all of India. BJP knows that.
@Ali Tanoli: please search about gujarat Growth story then accused him
11 % growth of whole state ...100 s of programs to make state better Anil ambani mukesh ambani ratan tata and USA consulate of india praised him for his efforts in gujarat ....india's biggest solar initiative with 670 MW higher then whole india .... he made guj automobile hub he started SIR (special investment region) and SEZ(special economic zone ) concepts .....if i write i can write whole damn pages about Gujarat developments because of him ...I am an NRI lived 20 years in gujarat i have seen lot of governments ... so dont think this a BJP perosn or any other social Activist ..... every time i visit my state i feel proud ..i feel proud to have a Cheif minister like him ...1984 1992 aur bahot sare dange hua the ..just stop this nonsense and let my people live peacefully
joy
When did Modi plan and execute a terror attack on Pakistan?
Believe me; INDIANS will not rest in peace unless people like Advani of Babri Masjid fame and Modi of Godhara fame are not brought to justice. Have you noticed that all the NGOs and Human Right Groups are lead by all religions like Hindu Muslims Parsees Christians etc.We as Indian may look some times week but we are consistently toiling to make this country for all and justice for all. Have you seen such spectacle any where else where in spite of using every trick of the trade the tails of communal bigots are on fire.
What is the score of today Shia killings?
you can compare narendra modi with imran khan. like imran khan he may have sympathy with hradliners and may be biased towards them, but comparing him with hafz saed has no basis. every one including hafiz saed's supporter know that he runs a terror organization in the name of charity but due to blind hatred towards India they don't want to accept it.
Mr Chaudhary, After being a not so frequent reader of any Pakistani daily like this one I understood one thing that the pakistani of any field can not survive in pak unless in criticises any Indian or India. this is one of your poor attempts just as to provide Indian venom to its pak readers by you Mr Chaudhary and this article has provided a cheap source of publicity in your nation.I 'm damn sure you and people like you will keep on giving such daily venoms which will help yur nation to vanish as soon as possible from the world.
@Zaid Hamid: Yes...An Indian born Canadian citizen His name is Russell Peters
Honestly I laughed more hearing Zaid Hamid's lectures than Russell Peters...Maybe he could do his show all around the world....
Modi is called HITLER by indiana themselves. Nobody I know has called Professor Saeed Hafiz a Hilter! Comparing Modi to Saeed Hafiz is like comparing the Devil to an angel.
Modi can be equated to Hafiz Saeed if and when Modi indoctrinates, trains, arms and sends Hindu terrorists to Karachi to shoot down in cold blood 500 innocent Muslim Pakistanis.
Faizan is quite right!!! Indians should move to Chinese Newspapers now..Read Global Times and comment ..
Well one thing is for sure; Express Tribune is relatively more popular in India as compared with Pakistan. So many Anti-Pak comments and several recommendations. Indians dont you have any other thing to do; despite reading Pakistani news papers and then commenting. Hahaha Indians are so very much obssessed with Pakistan. Hahaha !
@Muqarrib
Which is worse to kill your own fellow innocent citizens or attack an enemy country!!!
Are you referring to the Christians of Gojra or the Hazra of Quetta?
@Muqarrib: "Which is worse to kill your own fellow innocent citizens or attack an enemy country!!!" Army fighting other enemy armies is fine. Killing innocent women and children going about their daily lives is horrible. But glad to see that you acknowledge what HAfiz Saeed did. Modi had barely become chief minister a week before these riots. So he did not run polic camps training them to kill Muslims. Neither did he encourage Muslims to burn 60 Hindus pilgrims in a train. These riots were not the first Hindu Muslim riots in Gujarat but Modi ensured they were the last. There have been no riots in Gujarat in the last 10 years of Modi's rule despite several other provocations including an attack on the Akshardham temple in Oct 2002.
Shahzad Chaudhry, while I do not hold any brief for Narendra Modi and hold him morally responsible for the genocide in Gujarat, you cannot by any stretch of imagination compare him with Hafiz Sayeed, who some Pakistanis, after the US prize on his head, call Khuda Hafiz Sayeed!
The Supreme Court of India has yet, found only one of several cases being probed against Modi, as devoid of evidentiary merit - that of the Gulberg Society massacre. Yes, you are right about the limits of Anglo Saxon law, and I admire the manner in which you have explained those limits. But Narendra Modi, despite being a democratically elected Chief Minister of Gujarat, has the Supreme Court of India and millions of right thinking citizens on his back even now. All of us want him to pay for the moral lapse that led to the massacre of hundreds of Muslims in Gujarat.
Mr. Chaudhry, is it your case that the people and Govt. of Pakistan pursue Hafiz Sayeed with the vigour the people and Supreme Court of India pursue Modi?
@Max: Is faculty of reason totally absent in Pakistanis? Modi is not even proven guilty inspite of all efforts by all political parties in India to frame him not to mention CBI and SIT. Don't forget that the govt. in centre in India would pay anything to see the back of Modi for its petty political gains. And in any case Godhra train burning incident and subsequent retaliatory riots are internal matters of India so don't waste your time on it.
Hafiz Saeed on the other hand is also not proven guilty but that is because no investigating team has ever been set-up (however, sham that maybe) to look into his activities. Another difference is while Hafiz Saeed directs his hatred clearly towards India on TV and other media, Modi is not at all concerned with you all.
BTW if any body dare to step on our tail we will cut that leg as we have did it earlier you must remember.
@Zaid Hamid: Yes, Bal Thakrey
@Max: Dude - a scholarly discussion is based on facts. If I write an article comparing Bhutto with Hitler on the basis that both started off as populist demagogues with a very narrow communal ideology, I am sure that most of our Pak friends would not approach such a discussion in a rational manner. However, the fact is the ideology (and enormous ego) of these leaders set their nations on the path to ruin (resulting in a genocide, and divided people of the East and West parts - except that in the case of Bangladesh the division is permanent). Apart from Bengalis (you could argue that Bhutto was not power at that time), Ahmedis were victimized in Bhutto's time, while the holocaust and its impact on Jews is in the public domain. Still is the comparison justified? (Here at least I am comparing two elected leaders - unlike the tripe presented in this article). Also, to be fair, most of the Indians here visit ET rather often, and see the same stuff over and over again - the lack of patience that you allude to is actually just exasperation.
@Pragmatist:
Which is worse to kill your own fellow innocent citizens or attack an enemy country!!!
I never care for hate-mongers whether they are Christians, Hindu, Jewish, Muslims or followers of any other tradition. Hate is a hate, and irrationality is irrationality. Having said that I just wonder why our friends from the across the border start howling the moment someone steps on their tail. It is a academic discussion, so take it with scholarly prudence, and if you cannot take the heat, get out of kitchen.
OF course he is, now Hand him over to Pakistan!!
Both Modi and Hafiz are two faces of same coin...despicable
When did Modi plan and execute a terror attack on Pakistan?
Modi - even if he is accused, is only accused of hurting his own citizens. Hafiz waged war against another nation.
Thank God!! Author didn't say Rajeev Gandhi was India's Mulla Umar quoting Sikh Riots.
where is my comment?
Hafiz Saeed comparable to Hezbollah leader Hassan Nasrallah of Lebanon
Wrong Analogy by the author. To compare Narendra Modi the name which comes to mind is that of ZAK Bhutto who was a mass leader & won elections after elections but has a role in ( as a collaborator of establishment) massacre of East Pakisthanis
@Ravi.
Modi has no blood on his hand.
The blood of 2000 people who died in the riots are on the hands of a handful of Muslims who burned down a train.
@Shahzad Chaudhry: quite stealthily tarred hafiz and modi with the same brush,there aren't any parallels exist in modi and saeed incidents,later is indeed wanted in india for his involvement in parliamentary attack,mumbai attacks and many more,we killed and captured enough nuts from LET to know what it's structure is and the people involved in it.anyways hafiz got his gate pass confirmed quite recently but he is like a sun which grows bigger in size ,shines brighter before it goes supernova,it's beyond me to understand the astonishing conclusions that Pakistanis derive out of thin air day in and day out "India’s definition of its terrorism concerns with Pakistan begin and end with Saeed." you wouldn't have written that,if you had read the articles,news written by people other than you, so far we given 50 names,if the allurement works the way we wanted we may get hafiz alive and we are going to have many more additions to the existing list.so hope and pray that we don't get him alive.
Modi is HARMFUL for India. India and Indians KNOW this. Modi will NOT HARM INDIA in future.
Hafiz is HARMFUL for Pakistan. Palistan and Pakistanis do NOT KNOW this. Hafiz will HARM PAKISTAN in future.
That is the ONLY difference!
Simple, isn't it?
Even if modi had been absolved, he is morally responsible.
He may have turned the state in to development state, but his hands are wet with innocent blood and will get is due when time comes.
Hafees sayeed is totally different crook who has international implications, whereas modi has been even appreciated by pakistani businessman when they visited gujarat.
@Shahzad Choudhry
You got it wrong Sir.
A more likely comparison would be Nawaz or Shabaz Sharif. Both, Modi and the Sharifs may be right of centre, both may occasionally hobnob with rightist forces, but both would draw a line at training suicide bombers. I guess both would also not be very keen on converting a rally venue into a graveyard for news reporters.
But I guess, in order to make your 'Rein in Hafiz Saeed' article more palatable, you had to tar someone from India in the same way. Some day we may have 'Is Manmohan Singh India's Zia-ul-Haq'.
One of the most bigoted article ever!
Narendra Modi is a very dangerous man with an air of autocracy and arrogance about him. He is definitely not in favor of Muslims. He was like Nero who oversaw the massacre and burning of Muslim citizens by an irate mob of Hindutva extremists. Muslims have also not got any share of the so-called farcical development in Gujarat. Muslims over there are in an ailing condition with low income and poor health.
The comparison is ludicrous, to say the least!
No, Narendra Modi is India's future Prime Minister. It will take another life for Hafiz Saeed to become a Prime Minister of Pakistan ( provided Hafiz Saeed believes in Hindu theory of Karma )
@Shahzad Chaudhry, This kind of analysis can only be written by bankrupt mind. Mr Modi elected by Gujarat voter which include Muslim also whereas Saeed is self proclaimed leader of Muslim only. how you can compare apple with orange.Did you ever hear or read any speech given by Mr. Modi which consider spewing venom against any cast creed or religion. Muslim in particular. Whereas you can watch hundred of Saeed's speech on you tube where he is spewing venom against India or Hindu. Due to people like you (who could differentiate between black & White but has tunnel vision) Today Pakistan is in such wonderful condition. Please keep it up you are doing great favor to your great nation. (SIC)
The article confuses issues and tries to compare between an internationally recognized terrorist and a right wing Politician. Imagine Modi receiving help from RAW to run terror training camps, recruit jobless youth to train and despatch them abroad to create violence. Sure Modi fiddled through design or convenience while Gujerat burned.
Yeah, you are right!!!!!!!! Whatever!!!!!!!
every day people killed in balochistan, karachi so all pakistan politicians are also in same category bit only difference no growth as compair to gujrat growth rate.
An Indian metropolitan court - not the Supreme Court, as described here - has absolved Mr Modi of charges. What has confused the author I think is the SIT, Special Investigative Team, which was appointed by the Supreme Court and acted as the prosecutor, in absence of credibility of the local police to do its duties.
The case, complicated as it is, has taken a full decade to achieve its first trial, even with a dedicated bench.
@ Abbas, ZA
appreciate your view. you look like a person with sight in a blind city.
No; I believe you should compare Modi to Parvez Musharef. Both love their country in their own way. Both hate the enemy with passion. There is one difference - Modi grabbed the power with popular support with elections. Musharef graved at the point of gun. Hafeez has no qualities of either of them other than being a rabble rouser.
Can you point to a single speech where Modi has asked to kill Muslims? Go ahead , search the you tube, you will no find it. Now try and find a speech of Hafiz Saeed asking for jihad against Hindu India - you will have no trouble finding it.
Secondly, with Narendra Modi - there is one incident Gujarat riots of 2002 that he is blamed for. The reality i sthat since independence , Gujrat had had over 30 Hindu Muslim riots. This was the first riot that occurred when he had been in power less than a week. After 3rd day army was called in and riot was brought to a halt. He has not allowed any riots to occur since then in 10 years that he has been Chief Minister of Gujarat. Can you say with honest heart that Hafiz Saeed's tirades aginst Indians and Hindu were a solitary incident in distant past or is this an ongoing venom being poured out?
In India Modi and BJP did pay a political price for those riots. What is the price that Hafiz Saeed has paid?
I disagree with the author. Just yesterday 30 people were killed ..all minorities. thats how things happen everyday in Pakistan. For the last 20 years..with no end in sight. Such degree of violence is just not seen in India. Pakistan may feel good about soft belly of India but that aspect has helped Pakistan grow even 1% in the last 60 years......sometimes it is better to know the world is thinking about these states NOT what opinion WE have..because the opinion of the world is that Pakistan breeds terrorists. Lets just not fool ourselves. Just for times sake....
Founder of terrorist organisation vs indias most devlopment friendly chief minister! these type of analysis can only be a pakistani
Hmm... thats fine.. I am wondering if there is any Indian version of Zaid Hamid!
Believe it or not - Modi has the power to turn India into a very rich country. Otherwise, the Chinese would not personally invite him and host him in the 'Great Hall of the People' where they usually host Presidents and Prime Ministers of nations.
Such is so, that many Muslims in Gujarat vote for his party. The BJP has actually told its' supporters to differentiate between Patriotic Indian Muslims and the 'terrorists'. The BJP also has many seats in Kashmir, and is popular in Kargil (where there is a Shi'a Muslim majority).
not a big fan of modi, but this is too much. Hafiz saeed launches terrorism in other countries. Comparision can be drawn between qaim and modi, on qaim's watch thousands are being killed in karachi.
LeT kills outside Pakistan; Narendra Modi does his stuff inside India. No one cares what people do in their countries. If they cross borders, then that becomes terrorism.
very poor analogy indeed. How can Narendra Modi be called India's Saeed? Narendra Modi never sent terrorists to Pakistan. Narendra Modi never gives hate speeches against Pakistan or Muslims.
No, because he did not send brainwashed kids into Karachi to massacre innocent human beings. And he was not best friends with Osama bin laden.
The charges against Modi & Hafeez Saeed are very different and their judgements equally different. Hafeez Saeed hasn't been prosecuted because of lack of evidence while Modi has tested the brunt of the S.I.T instituted and monitered by the Supreme Court of India. Against Hafeez Saeed no such inquiry or investigation has been instituted. The S.I.T. report runs into 40,000 pages and hasn't found a shread of evidence to say that Modi was responsible. What you need to realise is , innocent people going on the train on 27th February 2002 were burn't alive by the Muslim Community (around 2000). The innocent included children,women and the aged.Further, your article is factually wrong and is trying to spread hatred and venom. 700 Muslims and 300 Hindus died in the post GODHRA(Train Burning).The incident was most unfortunate but in these last 10 years Gujarat has witnessed remarkable development irrespective of cast , colour, creed or/and religion.
How is modi linked to Saeed?? He is an internal issue of India where as Mumbai attacks is a deliberate attack on the country, We have communal problems in India mostly raised by mindless extremists which are funded from outside the country also but every country faces this type of problems. I think writer suggests us that muslims have been attacked in the aftermath of Godhra may be with the help of Modi and he got out of it so Saeed did the same to hindus in Taj Hotel and shouldn't be prosecuted. What if some 30-40 members of muslims died in that attack. After 60 odd years if you think India is not suitable for muslims to prosper where so many live examples of great people coming from the Minority I pity you. People like Narendra modi should be stopped and so many people in India voicing their concerns about his approach. India never showed poor treatment Hindus in PAK as a reason for communal violence. If you raise snakes like Saeed in ur Garden they will bite u some day, Every three four years there is big attacks and the bilateral ties gets worsening if we don't trust in each other than both our countries future is in peril.
But Modi is not terrorist and america will put bounty on his head the reason he is not muslim and also indian the new love baby of amreeka.