Nanavati report in hand, Modi on a roll

The Supreme Court on Friday refused to stop circulation of copies of the Justice Nanavati Commission inquiry report, an order that is sure to prod the Narendra Modi government to go to every nook and corner of Gujarat with details of the probe panel findings giving it a clean chit as well as pointing towards a well-planned conspiracy behind the Godhra train burning incident. Joint petitioners — Teesta Setalvad’s Citizens for Peace and Justice (CJP) and People’s Union for Civil Liberties (PUCL) — made a passionate plea before a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam that the Modi government should be restrained from acting on the flawed report and circulating it to tom-tom the ‘clean chit.’ But the court issued notices to the Gujarat government and the Centre as well as Nanavati Commission seeking their responses to the petition, which would now come up for further hearing on October 13. The court was at a loss to understand as to how the report could have adverse bearing on the situation in the state or harm anyone’s interest. Senior advocate Rajinder Sachar explained: “The report names the alleged conspirators and the state government is sure to go after them and start prosecuting them on the basis of the findings.” He said an earlier report given by retired Supreme Court judge U C Banerjee, who had found no evidence of foul play in the Godhra train-burning incident, to the railway ministry was stayed by the Gujarat High Court. The latest report was also by another retired Supreme Court judge and though they were entitled to have different opinions, the judiciary should not treat them differently. “If one retired Supreme Court judge’s report was stayed, then the other report by another retired SC judge on the same issue should also be stayed,” Sachar along with advocate Aparna Bhat pleaded. When Sachar said the Commission of Inquiry Act, under which these panels were set up, did not permit giving part reports as has been done by Justice Nanavati, the Bench did not agree. Taking a general view, the Chief Justice asked if a government wanted to take immediate remedial measures and sought an interim report to provide essential relief, could a probe panel be asked not to give such a report? It also asked Sachar as to what was the basis of his apprehension that Modi government would take action on the basis of the Nanavati Commission report and prosecute people. When the counsel started relying on press reports, the court adjourned hearing to October 13.

"Loved reading this piece by G. ARAVINTHAN?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Join our Telegram group

Join our Whatsapp group