SC lifts stay on trial of 2002 Gujarat riots cases

New Delhi, May 1 (PTI) The Supreme Court of India
Friday lifted its stay on trial of 10 post-Godhra riot cases
and ordered day-to-day hearing by six fast track courts in
India's western state of Gujarat after turning down plea for
shifting the trial outside the state.

While vacating its stay order of November 21, 2003,
the court directed that witnesses be provided security for
their safe passage and if necessary at their place of living
during the trial.

A bench headed by Justice Arijit Pasayat ordered the
setting up of designated courts for riot cases in Ahmedabad,
Anand, Sabarkanta, Mehsana and Gulbarga districts.

The court said it was necessary to hold day-to-day
trial considering the fact that seven years have passed.

The court took into consideration the report filed by
Special Investigation Team (SIT) headed by former Central
Bureau of Investigation (CBI) director R K Raghavan which
probed the cases.

The apex court said that the SIT will file quarterly
reports on the progress of the cases in sealed cover.

The court said the Chief Justice of Gujarat High Court
will appoint expert lawyers in criminal trial as public
prosecutors for the trial of the- cases.
Expressing "happiness" over the court's order,
Raghavan said, "I think it is going to facilitate the work of
the SIT in Gujarat. I look forward to further work in that
direction."

The Bharatiya Janata Party (BJP) was quick to welcome
the court decision. The issue has been "politicised" for long
and by ordering trial in Gujarat, the apex court has reposed
faith in the administrative and judicial system in the state,
party spokesman Balbir Punj said.

Voicing its apprehensions, the Congress said with
Narendra Modi being the Chief Minister, the witnesses will
have fear. "They will be frightened to depose objectively" for
a fair trial, party spokesman Veerappa Moily said.

These concerns needed to be addressed by the judiciary,
particularly the Gujarat High Court, he said.

Arming the SIT with sweeping powers, the court said it
would be open to the SIT chairman to seek change of public
prosecutors if any deficiency was found during the trial.

The SIT can make a request to the Advocate General of
the state on the appointment of assistant public prosecutors
to assist the public prosecutors, it said.

The apex court also gave liberty to the SIT to
recommend the cancellation of bail if it is considered
necessary.

The Court said that the SIT will act as a nodal agency
to decide as to which witnesses in the case should be given
protection and relocated.

The court said that it would be for the Central
para-military forces to provide security for the witnesses.

The Central Government has been asked to make
arrangements if relocation of witnesses was required.

To avoid any unruly scenes during the trial process,
the court will have to be stern, the Bench noted.

It gave liberty to the SIT to approach the apex Court at
any stage for redressal of any grievances.

The SIT, which has investigated 10 cases including the
Godhra train burning and subsequent riots cases, had submitted
its report before the apex court in March.

The apex court had on March 26, 2008, constituted SIT
which besides Raghavan as its head has former Director General
(DG) of Uttar Pradesh Police C D Satpathy and three Indian
Police Service (IPS) officers from Gujarat Geeta Johri,
Shivanand Jha and Ashish Bhatia as its members.

The SIT was asked to "inquire and investigate" cases
relating to Godhra carnage in which 59 people were killed and
subsequent riots in places like Godhra, Gulbarg Society in
Ahmedabad, Naroda Gaon, Naroda Patiya and Sardarpura.

Raghavan, a former CBI director, hoped that the trials of
the cases in question will be concluded in less than a year.

"I cannot give a fixed deadline. I can only say that
no time will be lost. I am hoping that these (trials) will
come to a conclusion in about less than a year," he said. PTI
RKS VMN