Date:01/08/2003 URL: http://www.thehindu.com/2003/08/01/stories/2003080104080100.htm

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NHRC moves SC for re-trial

By J. Venkatesan

NEW DELHI JULY 31. Expressing deep concern at the acquittal of the accused in the `Best Bakery case' relating to the Gujarat riots of last year, the National Human Rights Commission today moved the Supreme Court seeking fresh investigation of the case by an independent agency and re-trial by a competent court outside Gujarat.

In a special leave petition (SLP) against the Vadodara trial court's order, the Commission said the acquittal had damaged the credibility of the criminal justice delivery system and negated the human rights of the victims.

The Commission also filed a separate application seeking the transfer of four other cases relating to the Godhra, Chamanpura (Gulburga society) and Naroda Patiya incidents and the Sadarpura case in Mehsana district for trial outside Gujarat.

On June 27, the fast track court of H.U. Mahida acquitted all the 21 accused in the case on the ground that there was no evidence to prove their guilt.

It also pulled up the prosecution for its shoddy investigation. Subsequently, the key witness, Zaheera Sheikh, approached the Commission seeking its intervention for re-opening of the case.

The SLP said the decision to seek the Supreme Court's intervention was based on the report submitted by the Commission's team sent to Vadodara for a spot assessment. Further, there had been repeated requests from the media regarding the action taken by the Commission in the case.

The SLP said the concept of a fair trial had been explicitly recognised in Articles 14, 19, 21, 22 and 39 A of the Constitution as well as various provisions of the Cr.P.C. and hence any violation of this right was a violation of the fundamental right.

The right to fair trial had also been recognised in the International Covenant on Civil and Political Rights ratified by India.

Expressing its "anguish" over the manner in which the trial was conducted, the Commission said that "whenever a criminal goes unpunished, it is society at large which suffers because the victims become demoralised and criminals encouraged. It therefore becomes the duty of the court to use all its powers to unearth the truth and render justice so that the crime is punished".

The Commission, in the interests of justice, urged the apex court to lay down guidelines and directions on the protection of witnesses and victims of crime in criminal trials, which could be adhered to both by the prosecuting and law enforcement agencies as well as the subordinate judiciary.

'Too early to comment'

By Our Special Correspondent

GANDHINAGAR JULY 31. The Gujarat Government has declined to make any comment on the National Human Rights Commission's move to approach the Supreme Court for a re-trial of the Best Bakery case and for trying the Godhra carnage case and four other major cases outside the State.

While there was no immediate word from the Chief Minister's office, the State Law Minister, Ashok Bhatt, said it was too early to comment without studying the papers and documents before the NHRC and the Supreme Court.

However, Kashiram Rana, Union Rural Development Minister who hails from Gujarat, virtually described the move as a "censure" of a lower court's judgment.