3 July 2003

NHRC RUSHES TEAM TO STUDY ACQUITTAL
OF BEST BAKERY MURDERERS

From Jal Khambata

NEW DELHI: Without waiting for the Gujarat Government's reply to a notice served on June 30 to provide a copy of the Best Bakery judgment and explain what follow-up action it proposes, the National Human Rights Commission (NHRC) on Thursday decided to rush its 3-member team to Vadodara to review the case and submit a report "within one week."

The team is headed by NHRC Registrar Ajit Bharihoke, a former District Judge of Delhi, and its two members are: NHRC Deputy Inspector-General (Investigation) Sudhir Chowdhary, a senior serving IPS officer, and P.G.J. Nampoothiri, Special Repporteur appointed in Gujarat by the NHRC after the last year's communal carnage.

NHRC Chairman Dr Justice A S Anand, who advocates the state government or relatives of the victims to appeal against the judgment, convened a meeting attended by the only available member in the Capital, Justice Mrs Sujata V Manohar, and decided to rush its own team immediately.

The minutes of the proceedings released by the NHRC spokesman say the NHRC has taken up the matter "suo moto" (on its own). "Keeping in view the seriousness of the issue involved in the order of acquittal in the 'Best Bakery Case', the Commission considers it appropriate to immediately depute a team of the Commission to proceed to Vadodara to inspect the records of the case, examine the judgment and all other relevant materials and submit a report to the Commission" within one week.

The team has been authorised to associate any local lawyer for its assistance in consultation with the Special Rapporteur.

"Hon'ble the Acting Chief Justice of the Gujarat High Court, the Trial Court and the State Government are requested to extend all possible assistance and facilities to the team to carry out the mandate of the Commission," the NHRC said in its order.

Justice Anand, a former Chief Justice of India, wanted the Gujarat Government to appeal agaisnt the acquittal of all 21 accused. "And if it does not, the relatives of the victims, complainants, can also seek permission of the court and file an appeal against the acquittal," Anand told NDTV 24x7 on Wednesday.

Asked if he thought prima facie the verdict delivered on June 27 for want of evidence was a miscarriage of justice and a fit case for appeal, the former Chief Justice of India said "I think so."

Twelve people were charred to death on March 1, 2002 in the Best Bakery in Vadodara during a bandh call given by the Bajrang Dal and VHP to protest the killing of 59 Ram sevaks near Godhra railway station on February 27 last year.

The NHRC Chief said that an appeal must be filed in a case like this, more particularly when most of the witnesses had turned hostile and the rest of them were not even examined.

Meanwhile, in an interview to a news agency on his remarks to the TV channel that the State Government or relatives of victims should appeal against the judgment, Justice Anand said:"As far as NHRC is concerned, we will give all assistance to whoever wants it."

"It is an opportunity to the Gujarat Government to re-establish its credibility", he added.

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