Court refuses independent lawyers for riot victims

In an important development in trials related to post-Godhra massacres, a special court on Wednesday held that the victims have no right to be represented by an independent lawyer when the state government takes up their cause. Designated judge SH Vora refused permission to two victims of Naroda Gam case to be represented by lawyers, which is normally termed as with prosecution'. The court held that when the victim's case becomes the state's case and the state government extends support of a special public prosecutor to the victims, the permission to other lawyers to appear with prosecution cannot be granted. Two victims of Naroda Gam, whose houses were set on fire during the rioting that took place on February 28, 2002, had sought court's permission to assist the prosecution with independent lawyers. Similarly, an NGO Citizens for Justice and Peace also applied to appear with prosecution, but the court declined their plea, said one of the lawyers Yusuf Shaikh. The lawyers argued that the amendment carried out in Section 24 of the CrPC after the Supreme Court's various judgments gives right to the victim to be represented in court in the way accused are allowed to defend themselves. They contended that the SC has created specific provision for such riot-related cases, but judge Vora sought more details to substantiate the claims. The lawyers, however, could not place on record any notification enforcing the amended law. And the judge held that locus is a foreign word in criminal jurisprudence, where there is a "triangulation of interests between the state, accused and victims and society who are affect by mass crimes".

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