NEW DELHI, 22 November 2003 — Dissatisfied with the manner in which trials related to riot cases were proceeding in Gujarat, the Supreme Court yesterday strongly criticized the state government and stayed trial in 10 cases. This spells a major judicial blow for the BJP government in Gujarat headed by Narendra Modi. The court asked the government to explain in two weeks as to why should the cases not be tried outside the state.
Coming down strongly on the state government for “committing serious lapses” in the trial of the riot cases, the Supreme Court said that it was the state government’s duty to take effective steps to prosecute the accused.
The bench comprising Justice Khare, Justice S.B. Sinha and Justice A.R. Lakhshmanan said, “How many times do the Gujarat government needed to be lectured on this aspect.” “If the allegations made are true, it is a serious matter and it is a fit case for transferring the trials outside the state,” the court said.
The court fixed Dec. 19 for further hearing of the case and asked the state to give details of acquittals and appeals filed by the government in riot cases.
The ten cases in which the court has ordered the trials to be stayed include the Best Bakery case, Godhra train carnage, Naroda Patiya massacre, Gulbarg massacre, Sardarpura massacre and killing of several persons during the communal carnage that engulfed the state last year.
The Supreme Court took this decision when Harish Salve, appointed by the court to assist in the petitions filed by National Human Rights Commission and others, pointed out the disappointing manner in which the trials were proceeding. Due to serious lapses on the part of the public prosecutors, Salve said, most of the accused in serious cases of manslaughter were released on bail. Besides, the state government is doing little to ensure justice for the riot victims, Salve said.
The Supreme Court also asked the Gujarat government to explain as why a high-powered committee of retired judges and others should not be appointed to scrutinize cases where large-scale acquittals have taken place and state government has not filed any appeal challenging acquittals.
The National Human Rights Commission has sought a transfer of these cases outside Gujarat.
The BJP said that the Modi government would take appropriate steps to facilitate speedy justice in post-Godhra cases. The party does not view Supreme Court’s order staying the trial proceedings in the 10 cases and demand for an explanation from the government about their trial proceedings as an indictment, BJP spokesman Mukhtar Abbas Naqvi said. Asserting that there was no reason for the party to worry, Naqvi said, “the cases are proceeding on schedule in Gujarat.”
