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March 27, 2002
2035 IST

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Gujarat HC issues notice to NHRC chairman

Sheela Bhatt in Ahmedabad

The Gujarat high court issued a show-cause notice to the National Human Rights Commission and its chairman, Justice (retired) Jagdish Sharan Verma, on Wednesday, after a social organisation challenged the NHRC team's recent visit to the riot-hit areas of the state.

The Karuna Trust, an organisation involved in medical activity, told a division bench comprising Justice D L Sinha and Justice B L Patel that the NHRC had trespassed into the jurisdiction of the Justice K G Shah Commission of Inquiry instituted by the state government following the carnage at Godhra.

Yogesh Mehta, counsel for the petitioners, told rediff.com, "We requested the court to look into this matter because the facts collected by the NHRC are under the consideration of the Shah Commission. We requested the court to look at section 36 of the NHRC Act, 1993, which prohibits any inquiry by the commission into a matter that is under inquiry by a state or central government-appointed commission."

Mehta said they want the evidence collected by the NHRC to be declared invalid if the high court rules in favour of the petition.

According to Mehta, the Karuna Trust's representation to the NHRC was not heard when Justice Verma visited Ahmedabad. Trust chairman Amrit Dahya Patel wanted the former chief justice of India to hear a colleague who was undergoing treatment at the Sterling Hospital. That man was attacked by a mob when he was returning from Godhra on February 28. He died on Wednesday after remaining in coma for long.

The court sought Gujarat Advocate General Suresh Shelat's opinion on whether to admit the petition.

To the surprise of many, Dr Mukul Sinha, counsel for the NHRC, appeared in court and accepted the notice.

Earlier on Tuesday, in the state assembly, Vijay Patel, Bharatiya Janata Party legislator from Ahmedabad, had strongly criticised Justice Verma's visit to the state and questioned the NHRC's jurisdiction to inquire into the riots.

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