Kidiad, Sabarkantha district

WHEN tragedy strikes, you lose fear. For people whose entire families were wiped out in one day of mayhem, the question whether to testify in the court or not does not arise. They are determined to get justice.

"Butchers only cut the neck. But these people are worse. They cut my family members' bodies into pieces, stacked them up and burned them. Whatever remained was thrown into the lake," said Yusuf Khan Pathan from Visnagar town, Mehsana district, north Gujarat. He lost 11 family members when their house at Deepda Darwaja in Visnagar town was attacked. "They have tried their best to intimidate us. But our six main witnesses remained firm in court, even though minor witnesses faltered," he said.

Several tactics were used to derail the trial. Three witnesses for the forensic investigation were jailed in May. They are still behind bars. They could not testify. "There was a fight in Deepda Darwaja in May. But they were not even present there. Yet the police named them as accused. They have jailed them so that they can get the witnesses to compromise during the trial," Yusuf alleged.

Witnesses are in jail. But the accused are roaming free. "I named some local people - schoolteachers, traders and a stamp vendor. They go to work every day. You see them in the market. Their life hasn't been disrupted. But the police have listed them as absconding," said Yusuf. "Even in the FIR, the police wrote what they wanted. They didn't bother to take down my statement. They didn't even look for the bodies of my family members. When George Fernandes visited this place, I gave him a petition. He ordered a forensic report. A few days later, the police fished out pieces of the bodies from the lake."

About the trial, Yusuf said: "I saw the public prosecutor for the first time in court. I didn't even know who would represent me. He didn't even bother to meet the witnesses. The chief public prosecutor of Mehsana is Dilip Trivedi, president of the VHP." The courtroom was packed with VHP activists. This gave one of the minor witnesses cold feet. "I got very nervous when I saw them. The accused were present in the court. They kept lifting their collars to intimidate us. I got scared and couldn't speak. It was the first time I had ever been to a court," said Gulab Khan Sindhi, a witness.

Sardarpura's survivors lost everything. The only thing they can hope for is justice. The local VHP declared a boycott of them in the village. A Rs.5,000 fine is imposed on anyone who talks to them. They are now living in Satpura village in Sabarkantha district. "After that night, I never went back to the village. But I will definitely testify in court, even if they try to intimidate us. We are living like we are already dead. So it doesn't matter," said Ibrahimbhai Sheikh, who lost 14 members of his family.

In the Sardarpura case too, victims feel that the police botched up the investigation. In a well-planned attack, the mob tapped local electricity cables and electrocuted people taking shelter in a house. "But the evidence wasn't collected properly. They didn't record the names of the accused while taking down my statement," Ibrahimbhai complained. The trial is yet to begin. Ibrahimbhai is ready to face it whenever it does.

People like Ibrahimbhai and Yusuf are brave by normal standards. More so since they have experienced so much terror and loss. "I don't have the right to live after losing every member of my family. Now I am only living to get justice," said Yusuf.

IF you live in Naroda Patiya, you have to shut up. You have to be careful. You cannot do anything that will risk your existence.

That means that some witnesses may not show up in court. "We shall be in danger if we testify. Some of the accused live close-by. Local Vishwa Hindu Parishad leader Bipin Panchal, who is accused in the case, still comes to his shop opposite our basti every day," said Aslam (name changed), a rickshaw driver. "The trial hasn't yet begun. Some are already drawing up a list of witnesses. They even told witnesses that those who come to court won't reach home. Unless we move out of here, how can we testify in court?"

The Naroda Patiya massacre is one of the most gory incidents in the history of riots. People were hacked and burned. Women were raped and mauled. The mob reportedly slit the belly of a pregnant woman. Officially, 83 persons were killed. More lives were lost, according to other, reliable, accounts.

Earlier this year, three community leaders were jailed in a murder case. One is still in the lock-up. His wife lives in Naroda Patiya. Residents allege that the police framed them to intimidate Patiya residents.

"This massacre happened only because of police support. They could have prevented it. We can't trust the police to protect us. Who knows what they will do if we testify in court? They can place a desi (country) revolver in my house and frame me as an Al Qaeda terrorist. Only around 40 per cent of people live here now. We don't even have strength in numbers," said Zakir (name changed), another witness who returned to Naroda Patiya. "On the other hand, the culprits have become even more powerful after the elections."

In Gujarat, you have to stay silent to stay alive.

NANUBHAI MALEIKH, a witness in the Naroda Gaam case in Ahmedabad, was imprisoned for four months. In his police statement, he alleged that BJP MLA Dr Mayaben Kodnani and VHP secretary Dr Jaideep Patel had instructed the mob that went on the rampage, killing 13 persons and burning the entire neighbourhood.

Nanubhai's testimony has disappeared. There is no police record of it. He keeps writing to police officers and political leaders pleading for his statement to be recorded. But the police have not yet acted on his requests.

The only action they took was to arrest him for murder. During the riots, the body of a Hindu, believed to be part of the mob, was found. The police case did not list any accused. Six months later, the police named 12 persons of Naroda Gaam as the killers. They were in jail for four months. "After my complaint, top leaders were in trouble. That is why the police framed me. I have been working in the peace committee for more than 20 years," said Nanubhai. "How could we kill anyone? Our lives were in danger. There was a huge mob out to get us. All we could do was take our families and run for cover."

Nanubhai is still a refugee. He has not returned to Naroda Gaam. He lives opposite a bubbling sewer in the bylanes behind Shah Alam, where his friend has given him a tiny room. "Earlier, we had pitched a tent here. We made friends with the local people. One of them felt sorry for us and gave us this room. Twelve of us are squashed in here. Our house in Naroda had five rooms. Even my shop was burned. Since then I've been unemployed. Not one of the accused is in jail. How can we go back?" asked Nanubhai.

His statement naming political leaders is not the only one that has vanished. Another less controversial one is also missing. "When the police came to the Shah Alam camp to take down complaints, Madinaben and I filed an FIR about five of her family members who were burned alive. I managed to rescue her from the flames. But the FIR does not exist anymore. I have been writing to the Police Commissioner asking him to file the case," he said.

In his other `missing' police statement, Nanubhai had named 11 persons - Mayaben Kodnani, Jaideep Patel, BJP corporators Vallabh Patel and Ashok Patel and other local VHP leaders. "The police station is barely 30 metres from our neighbourhood. We went to ask them to save us. But no one came. People from the mob were even seen drinking water from the tap at the entrance of the police station. Later, a tanker was parked outside the police station to provide them water. VHP leaders walk freely in and out of the police station," he alleged.

Is he not scared of speaking out? Especially after being jailed for being outspoken? "What is fear for people who are dead? I am lucky to get a chance to seek justice," he replied. The daredevil Nanubhai wants to play with fire, even after it destroyed his life.

SHE dodged death twice. Arzubibi of Kidiad village does not want to take any chances again. So she lied in court. She did not want to risk any more lives. She did not want to test fate.

Arzubibi Sindhi was part of a large group that fled her burning village in Sabarkantha district on March 2, 2002. Crammed into two tempos, they fled as their houses went up in flames. While making their getaway, they were accosted on the road at Limbdia chowki (Panchmahals district) by an armed mob. The first tempo managed to speed off. The second was stopped and set on fire. Arzubibi's family was the lucky survivors. Ten kilometres ahead, the tempo that got away was stopped and set on fire. A total of 73 people were killed, of whom 32 were children.

Arzubibi Sindhi and her husband Ayub were the main witnesses in the police FIR. Kalubhai Mariwad, a local BJP activist, is one of the accused. He was elected in last year's Assembly elections. Before the trial, they heard rumours of threats to burn down Kidiad's neighbouring village, Karanta, if witnesses testified in court. Arzubibi chose to protect lives rather than seek punishment for the guilty. In court, she testified that she did not see anything as she was unconscious.

But Ayub was bolder. He named all the 10 people he had identified in his police statement. He is determined that they should be punished. "I was driving the tempo. I saw the people who attacked us. They are all locals of Limbdia chowki. I ran a transport business and travelled there often. That's how I knew who they were," said Ayub. The court testimony was an ordeal for Arzu. "A huge, intimidating crowd packed the courtroom. Arzu was scared they would kill us. When we left the court, we drove back on a different route and stayed that night at Balasinhore. She was so scared they would come after us," Ayub recalled. She has every reason to be afraid. The Sindhi family still lives in tents at a relief camp in Modasa, with no protection.

Ayub's brother Salim, the sarpanch of Kidiad, also lives in the relief camp. "Forget justice, we haven't even got compensation," said Salim.

The lucky survivors of the Limbdia massacre have not had much luck after the incident.