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'Total failure of State Govt.'

By Our Special Correspondent

NEW DELHI MAY 31. In a stinging indictment of the Gujarat Government, the National Human Rights Commission today said that it had comprehensively failed to control the persistent violation of the rights to life, liberty, equality and dignity of the people of the State. And that its actions pointed to complicity in the violence that "was tacit, if not explicit''.

The Commission, in its final report on the violence in Gujarat, has reiterated the recommendation made in its preliminary report of April 1 to transfer the major cases of arson and killing to the CBI. The final report specifically calls on the Centre — in view of the Rajya Sabha resolution referring to its responsibilities under Article 355 — to ensure that this is done.

The Commission rejected the Gujarat Government's claim that a transfer of the cases to the CBI would discredit the police investigation stating that "it is central principle in the administration of criminal justice that those against whom allegations are made should not themselves be entrusted with the investigation of the allegations.'' It said that it would be a travesty of criminal justice if the cases were not transferred to the CBI.

The Commission also said that the Gujarat Government had failed to indicate whether it accepted its recommendation for setting up special courts to ensure expeditious trials. Delays in justice following communal violence exacerbated the climate of violence and mistrust.

The NHRC final report was delayed by the Gujarat Government's requests for more time to respond to its confidential report sent along with its preliminary report, detailing the Commission chairman, J.S. Verma's visit to Gujarat.

The Gujarat Government failed to send a response. The confidential report included, among other things, allegations against several Gujarat Government Ministers, including the Home Minister, Gordhan Gadafiya, the Health Minister Ashok Bhat, and the Urban Affairs Minister, I.K. Jadeja, of interfering with police functioning and directing the attacks on Muslim localities. The Commission's final report concluded, on the basis of the only substantive communication from the Gujarat Government to its preliminary report, that the latter not only failed to protect the rights of the people of Gujarat, but was complicit in the violence. Its response to the situation was "abysmal, or even non-existent, pointing to gross negligence in certain instances or worse still, as widely believed, to a complicity that was tacit if not explicit.'' The appointment of a security adviser to the Chief Minister confirmed this assessment.

The Commission said that while the Gujarat Government in its response accepted its view that there should be transparency and integrity in investigating crimes, its conduct was entirely contrary to this. It pointed out that the majority of the 16,245 people arrested on substantive charges were out on bail. Only eight per cent of Hindus remained in custody while 20 per cent of the 4,882 Muslims arrested were still in custody.

The report said: "This does not provide a particularly reassuring commentary on the determination of the State authorities to keep in check those arrested or to bring them to justice.''

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