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Wednesday, August 18, 2004
Posted by: Awaaz / 8/18/2004 08:52:42 PMSC directs Guj Govt to set up police committee on riot cases
NEW DELHI, AUG 17 (PTI)
The Supreme Court today directed the Gujarat Government to set up a high-level police committee headed by the Director General of Police to reconsider closure reports filed in 2000 odd riot cases and find out whether further investigation was required or not.
The Court directed the DGP to inform it directly every three months about the progress made in this regard.
Of the 4200 odd riot cases in which FIR was registered by the Gujarat Police, over 2000 such cases were closed by the police, saying they could not trace the culprits.
The Court asked the state government to file an affidavit by Monday giving details of the riot cases in which the accused have been acquitted and also details of those cases in which the state appealed against acquittal.
The apex Court also asked the Advocate General of the state to be present before it on Monday to apprise the Court about the procedure relating to the filing of appeals before the higher courts in the riot cases.
A three-judge Bench headed by Justice Ruma Pal passed the orders while hearing three applications from amicus curiae Harish Salve seeking appointment of a high-level committee to look into the grivances of riot victims.
The Court directed that the committee, headed by the DGP, to look into the aspects of reopening the closed cases, would comprise of two additional Director Generals of Police and seven Range Inspector Generals who exercise supervisory jurisdiction over all the 30 police districts in the state.
"The range IGs shall look into the FIR file, the reports submitted on the FIR and decide on each of such cases whether fresh investigation is required," the Court said.
In case the committee decides that further investigation was necesary, the same shall be conducted by a police officer who was not part of the earlier report recommending closure of case, the Court said.
In the event of the committee coming to a conclusion that further investigation was not required then reasons thereof would be recorded and displayed on the internet to help those wanting to pursue the cases bring it to the notice of the apex Court, the Bench said.
The Court also asked the committee to consider whether the FIR already filed were faulty or in any manner deficient.
The Court allowed the non-governmental organisations (NGOs), which have been partipating in the proceedings before the court, to draw the attention of Range IGs in cases where further probe is necessary.
Posted by: Awaaz / 8/18/2004 08:51:00 PM
HUMAN RIGHTS FEATURES
(Voice of the Asia-Pacific Human Rights Network)
(A joint initiative of SAHRDC and HRDC)
B-6/6 Safdarjung Enclave Extension, New Delhi 110 029, India.
Tel: +91-11-2619 2717, 2619 2706, 2619 1120; Fax: 2619 1120
E-mail: hrdc_online@hotmail.com
Home Page: http://www.hrdc.net/sahrdc/
HRF/103/04 Embargoed for 18 August 2004
Dear Madam/Sir,
Please find enclosed HRF-102 titled "Hang our heads in shame".
In the debate that preceded the execution of Dhananjoy Chatterjee, two significant institutions exposed their ideological bankruptcy - one, the Communist government of West Bengal and two, the Church of North India. The execution also revealed the need for a review of legal aid strategies, particularly in capital punishment cases.
The Church of North India looked on silently as the principal of the school that falls under the West Bengal diocese publicly advocated the use of the death penalty and by implication, the idea of retributive justice. The principal's exhortations for vengeance are contrary to the Christian belief in the sanctity of life and the Church of England's official position on the issue. West Bengal's Communist rulers, for their part, have chosen to disregard Marx's forthright pronouncements against the death penalty. Not for them the inconvenient intellectuals exercise of testing their actions against their stated ideology. Finally, the lack of effective legal aid during trial deprives poor defendants of a fair trial. Mistakes made usually cannot be corrected on appeal.
As explained in our initial correspondence to you, HRFs are meant to provide background information on human rights issues. You are free to use the features for reference in any work that you may do. If you use a feature or a part thereof in any published work, please cite HRF as the source. We would also appreciate it if you could send us a copy of the published work.
Back issues of Human Rights Features are available on our website at the URL given below:
http://www.hrdc.net/sahrdc/hrfeatures.htm
Thanking you,
Ravi Nair
For the Editorial Collective
Encl: a. a
Monday, August 16, 2004
Posted by: Awaaz / 8/16/2004 08:50:57 PMGujarat claims Modi not liable for UK citizens' death
Ahmedabad, Aug 16. (PTI): Responding to a compensation suit claming Rs 22 crore as damages in a post-Godhra riot case, Gujarat government today said neither Chief Minister Narendra Modi nor seven others named as respondents be held responsible for the death of two British citizens in Sabarkantha district.
Filing replies before civil judge M M Kayastha, Gujarat government said "an attempt is being made to project Modi, the then Minister of State for Home Gordhan Zadafiya and six others, as anti-Muslim" and urged that suit be dismissed.
The reply further stated that the Gujarat government had taken all efforts to curb the riot and that the Chief Minister cannot be blamed.
This reply filed by the defendant number 8 and 6 in the suit that is the State of Gujarat and the then Sabarkanta District Superintendent of Police N D Solanki respectively.
The court also granted more time till September 4 for other respondents including Modi to file their affidavits.
The plaintiffs, Sheeren Dawood and Shameema Dawood, widows of two victims, and Imram Mohammed Salim Dawood, a riot survivor, have sought damages to the tune of Rs 22 crore.
The victims, two UK nationals Saeed Safik Dawood and Shakeel Abdul Haid, were charred alive inside their vehicle and their driver was injured when a mob allegedly attacked them near Prantij in the district while going to Surat from Jaipur on February 28, 2002.
The plaintiffs have alleged that their husbands were attacked as a part of statewide attacks on Muslims on and from February 27, 2002 after Godhra train carnage.
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