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Not one builder arrested, buck-passing shatters
survivors' hopes
DHARMENDRASINH CHAVDA
More than 700 dead, over 1,000 injured, 1,500 families rendered
homeless, and thousands still reeling under the aftermath of the
catastrophe. But nearly three weeks after the earthquake shattered
lives, and brought down 69 buildings in Ahmedabad, 450 km from the
epicentre, not one builder has been arrested despite 58 criminal
complaints being filed.
Union
Home Minister L.K. Advani, who was here yesterday, described the
tragedy of Ahmedabad as man-made. State Home Minister Haren Pandya
says the guilty will not be spared. Police Commissioner P.C. Pande
says they are investigating, trying to make a foolproof case. But
nobody has bothered to even test samples of the rubble that these
plush-looking apartment blocks were reduced to.
While
investigators take their time, many builders have gone into hiding.
Others are bullying and threatening unfortunate survivors, trying
to coerce them into a deal, taking advantage of their helplessness.
On Sunday, goons allegedly hired by Satish N. Shah, who built the
10-storey Shikhar Apartments that turned into a grave for more than
100 people, even beat up the survivors.
Shah
had promised them alternative flats, provided they did not go to
the police and handed him whatever compensation the government or
insurance companies paid them. The survivors agreed. They asked
Shah to put down his commitment in a manner that would carry some
legal weight. Shah backtracked. And when the survivors protested,
Shah set his men upon them, according to
sources. Yes, the eight assailants were arrested, but they have
since been released on bail.
The
builders who raised the illegal buildings, the Ahmedabad Municipal
Council and Ahmedabad Urban Development Authority officials who
allowed these buildings to come up and made them habitable by giving
water, power and drainage connections, and officials of financial
institutions who helped the builders sell the illegal buildings
by giving loans, are all at large.
Naturally,
the survivors are losing faith. Says Rajnikant P. Shukla, who was
rendered homeless when Divyalaya Apartments in Maninagar collapsed,
killing 10 persons: "If you lodge a complaint against me, they
will arrest me immediately. But they are not arresting the builders.
They are corrupt.''Shukla, who had lodged a criminal complaint against
five partners of Dhara Engineers, has now written to Chief Minister
Keshubhai Patel, urging him to ensure that the case is "not
hushed up''. He has little hope, though. "The builders' men
are going around saying nothing will happen to them.''
Bipinchandra
D. Joshi of Shrinath Apartments, in which 22 persons died, goes
to the police station every day to inquire about the progress of
the case. "They give a stock reply: investigation is on. Nobody
is listening to us, we are really tired now,'' says Joshi. Vimal
Verghese, who lost her daughter, son-in-law and grandson in Shikhar
Apartments, is convinced the government "wants to protect the
builders; they aren't bothered about the people''.
The
cover-up began immediately after the tragedy. For days, the police
did not register any complaint on its own. Then one by one, people
who had lost family members, or who had seen their life's savings
turn into a heap of twisted metal and concrete, started coming forward
with complaints, naming the builders, architects, engineers, and
employees of AMC and AUDA.
In
all, 58 complaints were filed. But the police has done precious
little, except collecting samples and depositing these in police
stations. Forget arresting anyone, nobody has even been brought
in for questioning. Gujarat Home Minister Haren Pandya refuses to
say why nobody is being arrested."The matter has been left
to the Police Commissioner,'' is his explanation, and adds that
they are still collecting evidence. "We have to have prima
facie evidence so that the cases stand in court.'' The opinion of
experts like structural engineers is needed, the samples of construction
material have to be tested, Pande says, but assures that the police
was "on it''.
Legal
experts point out that enough evidence is already available. Says
prominent advocate Girish Patel, "At least in illegal buildings,
the
builders can be linked to the deaths. The building regulations are
concerned with the safety of the people. So their violations can
be linked to deaths.'' And it so happens that most of the crashed
buildings were illegal, and their detailed records are in the offices
of the AMC and AUDA.
Commented
a former DGP on condition of anonymity: "There are illegal
buildings, there are complaints, telling newspaper reports, photographs.
More evidence can be gathered if you arrest them, take them on remand,
grill them.'' Instead, the police have given enough time to the
guilty to tamper with evidence and influence witnesses, the ex-DGP
said.
Questions
are also being asked about the FIRs. All are identical and the builders
have been booked under Section 304 of the Indian Penal Code, which
is culpable homicide not amounting to murder. Legal experts feel
that a charge under Section 304 will not stick unless the intention
of causing death is proved, which is practically impossible.
"The
builders were motivated by greed; they were negligent, did not follow
rules and laws, and used substandard materials. You may prove all
this, but not their intention of causing death,'' said a lawyer.
"No court of law will hold them guilty; they will get away
scot-free,'' predicts Mukul Sinha, another lawyer, adding that the
appropriate section in this case is 304 (A), which is causing death
by negligence.
Other stories in the series
»February
12, 2001: In
Ahmedabad, crooks build dreams to let them crash
»February
11, 2001: Officials, professionals hand in
glove with builders
»February
10, 2001: The politician is the builder's
best friend here
»February
9, 2001: Builders were
crooks, govt was an accomplice
»February
8, 2001: They built on quicksand of greed
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