INDIA BUSINESS WORLD - APRIL 2007
The Month that was ...

BENCH SEEKS GUJARAT'S OPINION ON FRESH PROBE INTO '02 RIOTS

THE Supreme Court on sought responses of the Gujarat government and others on a plea that major incidents of communal violence that broke out in the state in February/March 2002 should be probed by an independent investigating agency.

A three-member bench of Justices Arijit Pasayat, P K Balasubramanyan and D K Jain granted time to the Gujarat government, the victims/NGOs and the accused to file their responses to the plea by April 5 and posted the case for April 16. The bench passed directions on the plea made by amicus curiae in the matter and senior counsel Harish Salve.

The note of amicus curiae has suggested that the centre can alternatively file a report on the veracity of the contents contained in certain CDs capturing the gory incidents allegedly perpetrated by the Modi government.

Salve has in his note has said, "whatever may be the credentials of NGOs, the role of police in these cases is indisputably such as would give rise to some questions". A batch of petitions had been filed before the apex court by various individuals, NGOs and the NHRC seeking transfer of the investigations and trial outside Gujarat on the ground that no fair and free probe was possible in view of the alleged involvement of the Government in the riots

The amicus in his note has said that the apprehension of bias in the investigations as expressed by the victims is justified on the basis of various surrounding circumstances that followed the communal violence.

According to the note, the Gujarat Government does not have any proper reply to the various allegations, including on the appointment for the trial of public prosecutors, who are close to the State Government.

The note suggested that the centre can give its findings to the court on the veracity of the CDs reportedly containing the gory incidents of communal violence exposing the involvement of top police officials and important functionaries of the government. Such CDs are presently in the custody of the Nanavati-Shah commission probing the riots.

However, noting that the Gujarat government had disputed the various allegations besides questioning the bona fides of the NGOs representing the victims, the note felt that a probe by an independent investigating agency could establish the truth behind the incidents. The places where the major incidents of communal violence were reported are Gulberg Society, Ode, Sardarpura, Naroda Gaon and Patiya.