A first information report (FIR) filed at Kapadwanj police station has named Ghanshyam Patel and Hasmukh Patel as accused in the incident. Ghanshyam Patel is a Bharatiya Janata Party (BJP) councillor of Kapadwanj municipality.

Alleging inaction on the part of the State administration, the petition, filed by Samson Christian and D M Parmar, submits that action is not being taken as the miscreants involved in the incident are either members or sympathisers of the ruling BJP. The petition has also named Vishwa Hindu Parishad (VHP) as an organisation responsible for the incident.

The Indian Express in its July 27 editioncarried a report, `VHP Men Don't Let A Dead Man Lie In Peace'. The incident that generated quite a heat and led National Commission on Minorities to visit Kapadwanj took place on July 8, 1998. Samuel Solanki, a Methodist died at his home in Kapadwanj. Due to an older dispute on burial, the local Methodist Society sought police protection. Solanki was buried the next day at the graveyard in the presence of two police constables.

But soon after Solanki's family members and the others pall-bearers left, some miscreants allegedly dug up the grave, took out the coffin and dumped in on the road. When the second petitioner Parmar, who was present at site protested, he was brutally beaten up, the petition submits. The next day, the body was buried at a graveyard, mostly used by members of the scheduled caste.

The petition alleges that the incident is one of the many tyrannical act perpetrated with the provocation of communal organisations, including VHP.

Despite a representation made to the MinoritiesCommission, the authorities have not taken any action to protect the Christians of Kapadwanj.

The notice has been made returnable on September 9, 1998. Senior counsel Haroobhai Mehta and Priya Fernandes appeared for the petitioner.