New Delhi: Victims of the 2002 riots in Gujarat got a ray of hope on Friday when the Supreme Court ordered the setting up of six fast-track courts to hear nine major riot cases and demanded that witnesses be given protection.
A bench of Justices Arijit Pasayat and Asok Kumar Ganguly, however, rejected a plea by the National Human Rights Commission to shift the cases outside Gujarat.
The fast track courts will be set up in Naroda Patia, Naroda Gam and Gulbarg in Ahmedabad as well as in Mehsana, Sabarkantha, Anand and Sabarmati Jail.
The court listed several steps to protect witnesses "to ensure that a sense of confidence is enthused in the victims and their relatives so that they depose fearlessly before the court".
The order also provided for "safe passage for the witnesses to and from the trial court, security to them at their residences where necessary and also relocation of witnesses to other states wherever such a step is necessary".
More powers to SIT
The apex court asked the state government to appoint senior and experienced lawyers as special public prosecutors. The appointment of these prosecutors would be done in consultation with a special probe panel headed by former Central Bureau of Investigation (CBI) director R K Raghavan.
Raghavan, who heads the special investigation team (SIT), would in consultation with the public prosecutor decide which witnesses need protection. The court empowered Raghavan to take a final call on what type of security is to be provided to a particular witness.
The SIT will keep track of the trial and give quarterly reports to the apex court.
The Supreme Court set up the SIT on 26 March 2008 to investigate the riots, which began in the state after a train carrying kar sevaks was burned in Godhra town on 27 February 2002.
The SIT, besides Raghavan, comprises former director general of Uttar Pradesh Police C D Satpathy and three IPS officers from Gujarat: Geeta Johri, Shivanand Jha and Ashish Bhatia.
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The SIT's brief is to "inquire and investigate" cases relating to the Godhra carnage and subsequent riots in places like Godhra, Gulbarg Society, Naroda Patiya, Best Bakery, Baranpura, Machhipith, Tarsali, Raghovpura, Pandarwada and Sardarpura.
Raghavan said his team would no “lose time” in finishing its investigation. “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.
"This (Supreme Court decision) will be a ray of hope for riot victims. Witnesses will be protected," he told CNN-IBN.
Court decision welcomed
Social activist Teesta Setalvad, who provides legal help to riot victims with her Citizens For Justice and Peace group, said the SIT had been given “extraordinary responsibility” to ensure that Gujarat government doesn’t “subvert” justice.
“Extraordinary responsibility has been given to the SIT to monitor the special public prosecutors, to ensure safe passage of (riot) victims and to ensure there is no unruly behaviour outside the courts,” she said.
Zakia Jafri, widow of Congress politician Ehsan Jafri, who was burnt alive by rioters in Ahmedabad, wished she would get justice now. “I am happy with what the Supreme Court's order. The case has been dragging along for seven years--I hope I get justice now,” she said.
Political reaction to the court’s decision was on expected lines. The Congress said the order reflected on Gujarat Chief Minister Narendra Modi and the Bharatiya Janata Party (BJP) rejecting such views.
BJP national spokesperson Ravi Shankar Prasad welcomed the court decision, but questioned its timing--Gujarat just finished voting for the Lok Sabha elections.
“We respect the court's verdict but whenever elections take place some kind of litigation reaches Gujarat. Many convictions have taken place in connection with the Gujarat riots based on investigation done by Gujarat police. The bottom line is that the court has said that trial shall take place in Gujarat,” said Prasad.
His party colleague, Balbir Punj, said the Supreme Court had shown faith in the Gujarat government. “For years there have been motivated forces in Gujarat. The Supreme Court's decision is a slap on the face of such forces and it underlines the fact that the court has full faith in the administrative system that prevails in Gujarat,” said Punj.
Gujarat Congress leader Arjun Modhvadia rejected views that the court had vindicated Modi by refusing to move the riot cases out of the state. “We welcome the judgment of the Supreme Court. People who have committed genocide must be brought to justice,” said Modhvadia.
Union Science and Technology Minister Kapil Sibal said the Supreme Court's order had put the Gujarat government on "trial". "Today we had a very historic decision from the Supreme Court. Citizens of this country are ensured free and fair trail without the interference of the Gujarat government. The conclusion is that the Gujarat government is on trial," he said.
Earlier this week, the Supreme Court had also ordered an investigation team to probe the role of Chief Minister Modi and 50 other politicians and government officials in the violence.
At least 1,180 people, mostly Muslims, died in the riots which began after 59 passengers were killed in the Godhra train carnage. The cause of the fire has not been clearly established with two government-appointed panels giving differing versions.
(With inputs from PTI and IANS)
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