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Gujarat government failed to take
action: NHRC

The National Human Rights Commission on Monday severely indicted the Gujarat government for failing to control the violence in the state.

In its "preliminary comments", the commission virtually rejected the claims made by the state government in its report on the riots, and said it had received "widespread" reports that first information reports had been poorly or wrongly recorded and that investigations were being "influenced" by extraneous considerations or players.

"The commission is of the view that the integrity of the process has to be restored. It, therefore, recommends the entrusting of certain critical cases to the CBI," it said.

"These include the cases relating to the Godhra incident, which is at present being investigated by the Government Railway Police, Chamanpura (Gulbarga Society) incident, Naroda Patiya incident, Best Bakery case in Vadodra and the Sardarpura case in Mehsana district," the commission said.

The watchdog also recommended that special courts be set up to try these cases on a day-to-day basis, the judges being handpicked by the chief justice of the Gujarat high court.

Special prosecutors should be appointed and procedures should be adopted for conduct of proceedings in such a manner that the traumatised condition of the victims, especially women and children, was not aggravated, it recommended.

It added that the victims should be protected from further trauma or threat.

A particular effort should be made to depute sensitive officers, particularly women, to assist in the handling of such cases, it said.

Given the wide variation in the performance of public servants in the discharge of their statutory responsibilities, action should be initiated to identify and proceed against those who had failed to control the violence in its incipient stages or prevent its escalation thereafter, the commission recommended.

By the same token, the officers who had performed their duties well should be commended, it said.

The recommendations came after the commission examined a detailed report sent by the Gujarat government. Commission Chairman J S Verma visited some of the violence-hit cities, including Godhra and Ahmedabad, last month.

Among the other steps recommended were the constitution of special cells under district magistrates to follow the progress of cases not entrusted to the CBI and monitoring of these cases by the additional director general of police (crime).

There should be specific time-frame for thorough and expeditious completion of investigations and setting up of police desks in relief camps to receive complaints, record FIRs and forward them to police stations, it said.

The commission said provocative statements made on electronic or print media should be examined and acted upon and the burden of proof shifted to such people to explain or contradict their statements.

The NHRC also recommended that senior officials be asked to run the refugee camps.

Special facilities and camps should be set up for processing insurance and compensation claims and inmates should not be asked to leave the camps until appropriate relief and rehabilitation measures were in place, it said.

Among other measures recommended were the expeditious reconstruction of places of worship, adequate compensation to those who had suffered and involvement of housing and financial agencies in this process.

The commission emphasised that the recommendations were only its preliminary comments, which were of immediate character and constituted "the minimum that needs to be said at this stage".

"This is because the report of the team that visited Gujarat is being sent under separate cover, confidentially, both to the central and state governments and it would be appropriate to wait for their response before commenting in greater length on the situation or setting out comprehensive recommendations," it said.

The commission observed that the tragic events that occurred in Gujarat had serious implications for the country.

"Grave questions arise of fidelity to the Constitution and to treaty obligations. There are obvious implications in respect of protection of civil and political rights, as well as of economic, social and cultural rights in Gujarat and also the country more widely; there are implications for trade, investment, tourism and employment," it said.

It said the recent events had resulted in the violation of the fundamental rights to life, liberty, equality and dignity of citizens as guaranteed in the Constitution.

The NHRC also said it was the primary and inescapable responsibility of the state to protect the right to life, liberty, equality and dignity of all people.

It expressed concern over an "extraordinary lack of appreciation" of the potential dangers of the situation by the central and state intelligence agencies given the history of communal violence in Gujarat.

Calling it a serious failure of intelligence and action by the state government that marked the events leading to the riots, the commission said unless rebutted by the state government, the adverse inference arising against it would render it accountable.

"The burden is, therefore, now on the state government to rebut this presumption," it said.

PTI

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