Gujarat riots: SC lifts stay,orders fast track trial

Supreme Court on Friday lifted the stay on trial of 2002 Gujarat riots cases and directed the setting up of fast track courts for holding it on a day-to-day basis.

Lifting the stay on trials of nine Gujarat riot cases of 2002,the Supreme Court ordered day-to-day hearing by six fast track courts and armed the Special Investigation Team (SIT) with sweeping powers to ensure their “smooth” and “satisfactory” progress.

Restricting the role of state government,it directed that the SIT’s opinion on appointment of public prosecutors and providing protection to witnesses would be “final and binding”.

“This is essentially to obliterate the apprehension that the public prosecutor is not fair in court or is not conducting the prosecution in a proper manner. Gujarat Government shall appoint public prosecutors in each of the cases in consultation with the SIT whose opinion shall be final and binding on the government,” a three-judge Bench headed by Justice Arijit Pasayat said.

Giving its order on a batch of petitions that included a plea for transfer of trials outside the state,the Bench said it considered the sensitivity of the riot cases and directed the setting up of six “fast track courts” in Ahmedabad,Mehasana,Sabarkanta and Anand for holding the trial on day-to-day basis.

“The conduct of trials has to be resumed on a day-to-day basis keeping in view the fact that the incidents are of January 2002 and the trials already stand delayed by seven years.

“The need for early completion of sensitive cases,more particularly in cases involving communal disturbances cannot be overstated,” the Bench,also comprising Justices P Sathasivan and Aftab Alam,said in a 42-page judgement.

The SIT was asked to “inquire and investigate” cases relating to Godhra carnage in which 59 people were killed and subsequent riots in places like Godhra,Gulbarg Society in Ahmedabad,Naroda Gaon,Naroda Patiya and Sardarpura. It also probed the killing of two British nationals in Sabarkanta.

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For ensuring that witnesses depose freely and fearlessly,the Bench said SIT would be the nodal agency to look after their security and if needed that could be relocated to other states for which the central government will have to take necessary steps.

The apex court took into consideration the SIT report pointing out serious lapses into the investigation of the cases and identified other accused against whom charges were not framed earlier.

“Supplementary chargesheets shall be filed in each of these cases as the SIT has found further material and/or has identified other accused against whom charges are to be brought,” the Bench said.

It said “the Chairman of SIT shall keep track of the progress of the trial in order to ensure that they are proceeding smoothly and shall submit quarterly report to this court”.

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