The nine-member 'Concerned Citizens Tribunal Gujarat 2002', headed by Justice (retired) Krishna Iyer, also said that the fire in the Sabarmati Express coach that triggered the violence was 'set from inside'.
Releasing its findings at a joint press conference in Ahmedabad, Justice P B Sawant and Justice Hosbet Suresh, both retired, and senior advocate K G Kannabiran said Modi, his cabinet colleagues and organisations like the BJP, RSS, VHP and Bajrang Dal are "directly responsible for the post-Godhra carnage."
It said the chief minister "is liable for prosecution for genocide for refusal to take any preventive measure and protect the lives and properties of minorities in the state."
Justice Suresh told mediapersons that the tribunal had prepared its report on the basis of 2094 statements from victims, FIRs, eyewitness accounts, findings of forensic investigations.
The tribunal said Muslim women were targeted and abused with an inhuman level of violence and sexual crime. "Economic and social boycott of the community was openly encouraged and continues in many parts of the state to date."
"Mosques, dargahs, small shrines and other Muslim religious and cultural places were systematically destroyed and desecrated in the first 72 hours of violence all over the state," the panel observed.
The tribunal accused the state police of "not fulfilling its constitutional duty and preventing mass massacre, rape and arson."
On the Godhra incident, it said, given the place's history and communal background the incident could not have taken place had the police taken due precaution and maintained a strict vigil when kar sevaks (religious volunteers) were passing through Godhra.
The tribunal further accused the chief minister of "connivance and facilitation of the carnage, transfer of good police officers, not taking action against erring police officials or party functionaries who were named by victims and making persistent threats to close down privately run relief camps."
It also charged Modi with "abusive comments against the affected and victimised community, refusal to comply with NHRC recommendations and not taking punitive action against provocative media reports and other organisations."
The tribunal also charged Modi with influencing criminal investigation, as names of VHP, RSS, and BJP functionaries were omitted in charge sheets although their names appeared in FIRs.
The carnage was 'planned' at six levels, including 'physical destruction of a part of the community, economic destruction, cultural and religious destruction, sexual violence and rape of a number of women of a particular community, resistance to rehabilitation, a publicly declared desire to physically and morally destroy the Muslim community of Gujarat," the tribunal said.
It also accused Railway Minister Nitish Kumar of distancing his ministry from the Godhra carnage on the grounds that what happened was not a rail accident but a law and order issue.
"The railway minister, who rushes to the spot whenever there is a train accident, failed in his duty to visit Godhra to survey the situation for himself and order an immediate inquiry into the cause of the fire," it said.
"It is unfortunate that the minister has not visited Godhra till date," the panel observed.
The tribunal criticised the Centre for failing to enact any law to prevent mass crimes against marginalised groups.
The tribunal also pointed out that "the genocide in Gujarat could not have been taken up at the International Criminal Court since the court was formed only on July 1, 2002."
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