Gujarat riot cases put on fast track by SC

Ranjit Kumar Sinha

New Delhi, May 1 (PTI) Lifting the stay on trials of
nine Gujarat riot cases of 2002, the Supreme Court of India
Friday ordered day-to-day hearing by six fast track courts and
armed the Special Investigation Team (SIT) with sweeping
powers to ensure their "smooth" and "satisfactory" progress.

Restricting the role of state government, it directed
that the SIT's opinion on appointment of public prosecutors
and providing protection to witnesses would be "final and
binding".

"This is essentially to obliterate the apprehension
that the public prosecutor is not fair in court or is not
conducting the prosecution in a proper manner. Gujarat
Government shall appoint public prosecutors in each of the
cases in consultation with the SIT whose opinion shall be
final and binding on the government," a three-judge Bench
headed by Justice Arijit Pasayat said.

Giving its order on a batch of petitions that included
a plea for transfer of trials outside the state, the Bench
said it considered the sensitivity of the riot cases and
directed the setting up of six "fast track courts" in
Ahmedabad, Mehasana, Sabarkanta and Anand for holding the
trial on day-to-day basis.

"The conduct of trials has to be resumed on a
day-to-day basis keeping in view the fact that the incidents
are of January 2002 and the

"The need for early completion of sensitive cases,
more particularly in cases involving communal disturbances
cannot be overstated," the Bench, also comprising Justices P
Sathasivan and Aftab Alam, said in a 42-page judgement.

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. It also
probed the killing of two British nationals in Sabarkanta.

For ensuring that witnesses depose freely and
fearlessly, the Bench said SIT would be the nodal agency to
look after their security and if needed thay could be
relocated to other states for which the central government
will have to take necessary steps.

The apex court took into consideration the SIT report
pointing out serious lapses into the investigation of the
cases and identified other accused against whom charges were
not framed earlier.

"Supplementary chargesheets shall be filed in each of
these cases as the SIT has found further material and/or has
identified other accused against whom charges are to be
brought," the Bench said.

It said "the Chairman of SIT shall keep track of the
progress of the trial in order to ensure that they are
proceeding smoothly and shall submit quaterly report to this
court".

The apex court, which pronounced its judgement after
35 hearings since the matter was brought before it by the
NHRC, some NGOs and victims' family on September 12, 2003,
said that the Chief Justice of the Gujarat High Court will
nominate senior judicial officers so that the trials can be
concluded expeditiously.

The trial in the cases were stayed on November 21,
2003 after National Human Rights Commission (NHRC) had moved
the Supreme Court pointing out serious lapses on the part of
the public prosecutors leading to grant of bail to accused
charged with serious offences.

While stressing for protection to witnesses, the bench
said "it is imperative that for justice to be done, the
protection of witnesses and victims becomes essential, as it
is the reliance on their testimony and complaints that the
actual perpetrators of heinous crimes during the communal
violence can be brought to book."

The apex court said any witness expressing the need
for protection can approach the SIT which would pass necessary
order and "it shall be the duty of the state to abide by the
direction of the SIT in this regard".

The Bench addressed the apprehension of any unruly
situation likely to be created in the court during the trial
by asking the designated courts to be stern in dealing with
such situation.

"It was apprehension of some counsel that unruly
situations may be created in court to terrorise witnesses. It
needs no indication that the courts shall have to deal with
such situations sternly and pass necessary orders," the Bench
said.

"In order to balance the need for a public trial with
the need to ensure that victims/witnesses are not intimidated
within the court rooms, it is necessary for the court to
impose reasonable restrictions on the entry of persons into
the courtroom," the court said.

It also left open for the SIT to approach the apex
court at any stage of the trial there was any apprehension
that the proceedings were not undertaken as desired.

The Bench said that in number of cases bail had been
granted by the High Court and Sessions court principally on
the ground that trials had been stayed but wherever considered
necessary the SIT can request the public prosecutor to seek
the cancellation of bail. PTI